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Home My WebLink About2007 Supplements GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Ithaca Code Supplement No.9 The enclosed new and/or replacement pages should be placed in your Code volume immedi- ately! The dateline, on the bottom of the page, does not indicate the adoption date of the Code changes,but rather identifies the pages printed with this supplement. This instruction page should be placed in the front of your Code volume. REMOVE INSERT Table of Contents, Table of Contents, v—viii v—ix 51:1 -51:3 173:1 — 173:12 221:7—221:10 221:7—221:10 221:10.1 270:5—270:6 270:5—270:6 270:17—270:18 270:17—270:18 270:18.1 270:29—270:30 270:29—270:30 270:69—270:70 270:69—270:70 270:99—270:100 270:99—270:100 270:100.1 270:126.5 270:126.5—270:126.6 270:135—270:136 270:135—270:136 270:136.1 DL:1 —DL:2 DL:1 —DL:2 Index Pages 1 —22 Index Pages 1—23 Legislation,by number or date of adoption, included in this supplement: L.L.Nos. 11-2006; 12- 2006; 13-2006; 14-2006. 01-15-2007 TABLE OF CONTENTS Tools for Finding Information—In addition to the municipality's legislation, this publication contains tools to help locate information: table of contents, index,chapter outlines(schemes), and a disposition list. Chapters—Chapters are generally discrete pieces of legislation, but can also be made up of sev- eral individual pieces on a related topic. In that case, the individual pieces are arranged into arti- cles or parts within the chapter. The article or part titles can be found in the chapter scheme or by subject in the index. If you are familiar with a former number or title, look for it chronologically in the disposition list. Reserved Chapters—In the numbering of chapters, space has been provided for the convenient insertion, alphabetically, of later enactments. Help in selecting an appropriate number for a new chapter is available from the editor. See also the "Instructions for Amending the Code" in the Preface. Section Numbering—A chapter-related section-numbering system is employed. Each section of every item of legislation is assigned a number, which indicates both the number of the chapter in which the item of legislation is located and the location of the section within that chapter. Thus, the fourth section of Chapter 6 is § 6-4. Scheme—The scheme is the list of section titles that precedes the text of each chapter. These ti- tles are carefully written so that,taken together,they may be considered as a summary of the con- tent of the chapter. Taken separately, each describes the content of a particular section. For ease and precision of reference,the scheme titles are repeated as section headings in the text. Page Numbers—A unique page-numbering system has been used in which each chapter forms an autonomous unit. The first page of each chapter is the number of that chapter followed by a colon and the numeral "1." Thus, Chapter 6 begins on page 6:1. By the use of this system, it is possible to add or to change pages in any chapter, or add new chapters, without affecting the se- quence of subsequent pages. V 01-15-2007 ITHACA CODE PART I: ADMINISTRATIVE LEGISLATION 1. General Provisions................................................................... 1:1 Article I-Adoption of Code 9. Appearance Tickets.................................................................. 9:1 14. Banking Transactions............................................................. 14:1 18. Citizen and Staff Advisory Committees................................. 18:1 20. Compensation.........................................................................20:1 Article I-Planning Board and Zoning Board of Appeals 23. Conservation Board................................................................23:1 28. Defense and Indemnification..................................................28:1 32. Ethics,Code of....................................................................... 32:1 41. Health Insurance.....................................................................41:1 51. Notification of Information Security Breaches...................... 51:1 54. Ordinances,Publication of..................................................... 54:1 59. Public Works Department...................................................... 59:1 65. Records Management............................................................. 65:1 69. Relocation Expenses............................................................... 69:1 73. Residency Requirements........................................................ 73:1 84. Terms of Office...................................................................... 84:1 Article I—Supervisor 89. Town Board............................................................................ 89:1 PART II: GENERAL LEGISLATION 100. Adult Uses............................................................................ 100:1 vi 01-15-2007 TABLE OF CONTENTS 104. Agricultural Assessments..................................................... t04:1 112. Animals................................................................................ 112:1 Article I—Dog Control and Licensing 121. Bingo.................................................................................... 121:1 125. Building Construction and Fire Prevention.......................... 125:1 129. Buildings,Unsafe................................................................. 129:1 148. Environmental Quality Review............................................ 148:1 153. Fees...................................................................................... 153:1 157. Flood Damage Prevention.................................................... 157:1 161. Freshwater Wetlands............................................................ 161:1 166. Games of Chance ................................................................. 166:1 173. Lighting,Outdoor................................................................. 173:1 175. Lock Boxes........................................................................... 175:1 184. Noise .................................................................................... 184:1 188. Notification of Defects......................................................... 188:1 192. Numbering of Buildings....................................................... 192:1 200. Parks and Recreation Areas..................................................200:1 205. Property Maintenance..........................................................205:1 210. Sewer Rents..........................................................................210:1 214. Sewer Use: Use of Public Sewers........................................214:1 215. Sewer Use: Rules,Regulations&Penalties of Board of Public Works,City of Ithaca,NY,Re: Water Supply, Sewage Disposal&Air Conditioning..................................215:1 vii 01-15-2007 ITHACA CODE 216. Sewer Use: Requirements for Contributors Into Joint POTW...................................................................................216:1 217. Sewer Use: Administration and Amendments..................... 217:1 221. Signs.....................................................................................221:1 225. Sprinkler Systems................................................................. 225:1 228. Stormwater Management.....................................................228:1 230. Streets and Sidewalks...........................................................230:1 Article I—Excavations in Town Streets and Highways Article II—Construction and Repair of Sidewalks Article III—Hanshaw Road Walkway 234. Subdivision of Land.............................................................234:1 239. Taxation................................................................................239:1 Article I—Senior Citizens Exemption Article II—Alternative Veterans Exemption Article III—Business Investment Exemption Article IV—Exemption for Certain Disabled Persons With Limited Income Article V—Exemption for Improvements to Property Made Pursuant to Americans with Disabilities Act Article VI—Historic Barn Exemption 243. Taxicabs ............................................................................... 243:1 250. Vehicles and Traffic.............................................................250:1 Article I—East Hills Shopping Plaza Article II—Vehicle Weight Limits Article III—Parking;Stop and Yield Intersections 254. Watercraft.............................................................................254:1 256. Water Protection...................................................................256:1 Part 1—Cross-Connection Control Part 2—Supplementary Cross-Connection Control 261. Water Rates..........................................................................261:1 270. Zoning.................................................................................. 270:1 viii 01-15-2007 TABLE OF CONTENTS 271. Zoning: Special Land Use Districts......................................271:1 APPENDIX DISPOSITION LIST INDEX 1X 01-15-2007 Chapter 51 NOTIFICATION OF INFORMATION SECURITY BREACHES §51-1. Definitions. §51-5. Notification methods. §51-2.Notification of breach. §51-6. Contents of notice. §51-3. Notification to owners and §51-7. Notification to state and consumer licensees of information. reporting agencies. §51-4.Delay for law enforcement purposes. [HISTORY: Adopted by the Town Board of the Town of Ithaca 11-13-2006 by L.L. No. 13-2006.Amendments noted where applicable.] §51-1. Definitions. As used in this chapter, the following terms shall have the following meanings: BREACH OF THE SECURITY OF THE SYSTEM— Unauthorized acquisition or acquisition without valid authorization of computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the Town. Good faith acquisition of personal information by an employee or agent of the Town for the purposes of the Town is not a breach of the security of the system, provided that the private information is not used or subject to unauthorized disclosure. In determining whether information has been acquired, or is reasonably believed to have been acquired, by an unauthorized person or a person without valid authorization, the Town may consider the following factors, among others: A. Indications that the information is in the physical possession and control of an unauthorized person, such as a lost or stolen computer or other device containing information. B. Indications that the information has been downloaded or copied. C. Indications that the information was used by an unauthorized person, such as fraudulent accounts opened or instances of identity theft reported. CONSUMER REPORTING AGENCY— Any person or entity which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. A list of such consumer reporting agencies is compiled by the State Attorney General and furnished upon request to the Town when it is required to make a notification under § 51-2. PERSONAL INFORMATION— Any information concerning a natural person, which, because of name, number, personal mark, or other identifier, can be used to identify such natural person. 51:1 01-15-2007 § 51-1 ITHACA CODE § 51-4 PRIVATE INFORMATION— A. Personal information in combination with any one or more of the following data elements, when either the personal information or the data element is not encrypted or encrypted with an encryption key that has also been acquired: (1) Social security number. (2) Driver's license number or non-driver identification card number. (3) Account number, credit or debit card number, in combination with any required security code, access code, or password which would permit access to an individual's financial account. B. "Private information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. TOWN— The Town of Ithaca, New York,except the judiciary of the Town. §51-2. Notification of breach. If the Town owns or licenses computerized data that includes private information, it shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the system to any resident of New York State whose private information was, or is reasonably believed to have been, acquired by a person without valid authorization. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in § 51-4, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. The Town shall consult with the State Office of Cyber Security and Critical Infrastructure Coordination to determine the scope of the breach and restoration measures. §51-3. Notification to owners and licensees of information. If the Town maintains computerized data that includes private information which the Town does not own, the Town shall notify the owner or licensee of the information of any breach of the security of the system immediately following discovery, if the private information was, or is reasonably believed to have been, acquired by a person without valid authorization. §51-4. Delay for law enforcement purposes. The notification required by this chapter may be delayed if a law enforcement agency determines that such notification impedes a criminal investigation. The notification required by this chapter shall be made after such law enforcement agency determines that such notification does not compromise such investigation. 51:2 01-15-2007 NOTIFICATION OF INFORMATION SECURITY BREACHES §51-5 § 51-7 §51-5. Notification methods. The notice required by this chapter shall be directly provided to the affected persons by one of the following methods: A. Written notice. B. Electronic notice, provided that the person to whom notice is required has expressly consented to receiving said notice in electronic form and a log of each such notification is kept by the Town when it notifies affected persons in such form; provided further, however, that in no case shall any person or business require a person to consent to accepting said notice in said form as a condition of establishing any business relationship or engaging in any transaction. C. Telephone notification, provided that a log of each such notification is kept by the Town when it notifies affected persons. D. Substitute notice, if the cost of providing notice would exceed $500, or the affected class of subject persons to be notified exceeds 1,000, or the Town does not have sufficient contact information. Substitute notice shall consist of all of the following: (1) E-mail notice when the Town has an e-mail address for the subject persons; (2) Conspicuous posting of the notice on the Town's web site page, if the Town maintains one; and (3) Notification to local and major statewide media. §51-6. Contents of notice. Regardless of the method by which notice is provided, such notice shall include contact information for the Town, including the name of the person making the notification, and a description of the categories of information that were, or are reasonably believed to have been, acquired by a person without valid authorization, including specification of which of the elements of personal information and private information were, or are reasonably believed to have been, so acquired. §51-7. Notification to state and consumer reporting agencies. A. In the event that any New York residents are to be notified, the Town shall notify the State Attorney General, the State Consumer Protection Board, and the State Officer of Cyber Security and Critical Infrastructure Coordination as to the timing, content and distribution of the notices and approximate number of affected persons. Such notices shall be made without delaying notice to affected New York residents. B. In the event that more than 5,000 New York residents are to be notified at one time, the Town shall also notify consumer reporting agencies as to the timing, content and distribution of the notices and approximate number of affected persons. Such notice shall be made without delaying notice to affected New York residents. 51:3 01-15-2007 Chapter 173 LIGHTING, OUTDOOR § 173-1. Title. §173-11. Spotlights and floodlights. § 173-2. Findings. §173-12.Prohibitions. § 173-3. Purpose. §173-13. Temporary outdoor lighting. § 173-4. Definitions. § 173-14.Existing nonconforming § 173-5. Applicability of requirements. luminaires. § 173-6. Control of glare; shielding § 173-15. New construction. requirements. § 173-16. Notification requirements. §173-7. Exemptions to control of glare. § 173-17. Enforcement of violations; §173-8. Outdoor signs. penalties for offenses. §173-9. Recreational facilities. § 173-18.Appeals and variances. §173-10. Lighting under roof overhangs § 173-19. Law governing conflicts. and canopies. [HISTORY: Adopted by the Town Board of the Town of Ithaca 10-16-2006 by L.L. No. 12-2006. Amendments noted where applicable.] GENERAL REFERENCES Sign lighting—See Ch.221,§221-8. Zoning—See Ch.270. Subdivision of land—See Ch.234. § 173-1. Title. This chapter shall be known as the "Outdoor Lighting Law." § 173-2. Findings. The Town Board of the Town of Ithaca finds the following: A. Good outdoor lighting at night benefits everyone. It increases safety, enhances the Town's nighttime character, and helps provide security. B. New lighting technologies have produced lights that are extremely powerful, and these types of lights may be improperly installed so that they create problems of excessive glare, light trespass, higher energy use, and can negatively impact animals. Excessive glare can be annoying and can cause safety problems. Light trespass reduces everyone's privacy, and sky glow can interfere with observatories. If these problems are addressed, the resulting reduced energy use can benefit everyone through reduced pollution and lower energy costs. 173:1 01-15-tom § 173-2 ITHACA CODE § 173-4 C. There is a need for a lighting law that recognizes the benefits of outdoor lighting and provides clear guidelines for its installation and operation so as to help maintain and complement the Town's character. D. Appropriately regulated, and properly installed, outdoor lighting will contribute to the safety and welfare of the residents and visitors of the Town. § 173-3. Purpose. The purpose of this chapter is to promote the public safety and welfare by regulating outdoor lighting to reduce the problems created by improperly designed and installed outdoor lighting. This chapter is intended to eliminate problems of glare and minimize light trespass to keep unnecessary direct light from shining onto abutting properties or streets, to help reduce the energy costs of outdoor lighting, and to reduce sky glow. § 173-4. Definitions. As used in this chapter, the following terms shall be defined as follows: DIRECT LIGHT— Light emitted directly from the lamp, off the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire. DISABILITY GLARE— Glare resulting in reduced visual performance and visibility. It is often accompanied by discomfort. ENFORCEMENT OFFICIAL— The official charged with the duty to enforce the zoning and other laws, ordinances, codes, and regulations relating to buildings and property. EXISTING NONCONFORMING LUMINAIRES— Luminaires not conforming to the provisions of this chapter that were in place on the effective date of this chapter. FIXTURE— The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens. FLOOD- OR SPOTLIGHT— Any light fixture or lamp that incorporates a reflector, a refractor, or a prismatic lens to concentrate the light output into a directed beam in a particular direction. FULLY SHIELDED LUMINAIRE— A luminaire constructed and installed in such a manner that all light emitted by it, either directly from the lamp or a diffusing element, is projected below a horizontal plane through the luminaire's lowest light-emitting part. 173:2 01-15-2007 § 173-4 LIGHTING, OUTDOOR § 173-4 sed F Horizontal Plane , GLARE— Light emitted from a luminaire with an intensity great enough to reduce a viewer's ability to see, and in extreme cases causing momentary blindness. INDIRECT LIGHT— Direct light that has been reflected or has scattered off other surfaces. LAMP— The component of a luminaire that produces the actual light (commonly called a "bulb"). LIGHT TRESPASS— The shining of light produced by a luminaire beyond the boundaries of the property on which it is located. LUMEN— The unit used to measure the actual amount of light which is produced by a lamp. One footcandle is one lumen per square foot. For the purposes of this chapter, the lumen-output values shall be the initial lumen output ratings of a lamp. The lumen output of most lamps is listed on the packaging. LUMINAIRE— A complete lighting system, including a lamp or lamps and a fixture. OUTDOOR LIGHTING— The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means. SKY GLOW— The overhead glow from light emitted sideways and upwards, including light reflected upward from the ground or other surfaces. Sky glow is caused by the reflection and scattering of various forms of light by dust, water, and other particles suspended in the atmosphere. TEMPORARY OUTDOOR LIGHTING— The specific illumination of an outside area or object by any man-made device located outdoors that produces light by any means for a period of less than seven days, with at least 180 days passing before being used again. 173:3 01-15-2M § 173-5 ITHACA CODE § 173-8 § 173-5. Applicability of requirements. All new and replacement public and private outdoor lighting installed in the Town of Ithaca after the effective date of this chapter shall be in conformance with the requirements of this chapter. Certain lighting in place on the effective date of this chapter shall also be subject to the requirements of this chapter, as specified in § 173-14. Any inconsistent language in the Town of Ithaca Code is superseded by the requirements of this chapter. § 173-6. Control of glare; shielding requirements. A. All nonexempt outdoor lighting fixtures shall be fully shielded, except glass tubes filled with neon, argon, or krypton do not require any shielding. B. Notwithstanding the foregoing, any lamp of 1,000 lumens or less does not require any shielding. § 173-7. Exemptions to control of glare. A. All temporary emergency lighting needed by police or fire departments or other emergency services, as well as all automobile luminaires, shall be exempt from the requirements of this chapter. B. All hazard-warning luminaires required by federal regulatory agencies are exempt from the requirements of this chapter, except that all luminaires used must be as close as possible to the federally required minimum lumen output requirement for the specific task. C. Fossil fuel light. All outdoor light fixtures producing light directly by combustion of fossil fuels (such as kerosene lanterns and gas lamps) or equivalent are exempt from the requirements of this chapter. D. Holiday decorations. Lights used for holiday decorations are exempt from the requirements of this chapter. E. Fountain lights. All lights located within a fountain are exempt from the requirements from this chapter. § 173-8. Outdoor signs. A. Top-mounted fixtures required. Lighting fixtures used to illuminate an outdoor sign shall be mounted on the top of the sign structure. All such fixtures shall comply with the shielding requirements of § 173-6. Bottom-mounted outdoor sign lighting shall not be used. 173:4 01-15-2007 § 173-8 LIGHTING, OUTDOOR § 173-10 tit ti� �f • /,/ 5 i r � J i 1 � J 1 J t / S J 1 1 B. Outdoor signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding. Dark backgrounds with light lettering or symbols are preferred, to minimize detrimental effects. C. Existing nonconforming outdoor signs shall be brought into conformance with the provisions of this chapter within one year from its effective date. D. In addition to the foregoing requirements, all outdoor signs must conform to § 221-8 of the Town of Ithaca Code regarding sign illumination. § 173-9. Recreational facilities. Any light source permitted by this chapter may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, or show areas, provided all of the following conditions are met: A. All fixtures used for event lighting shall be fully shielded as defined in § 173-4 of this chapter. B. All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m. as practical, but under no circumstances shall any illumination of the playing field, court, or track be permitted after 11:00 p.m. except to conclude a scheduled event that was in progress before 11:00 p.m. § 173-10. Lighting under roof overhangs and canopies. A. Light fixtures mounted under roof overhangs and canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface (soffit) of the canopy and/or shielded by the fixture or the edge of the canopy so that light is restrained to no more than 85°from vertical. 173:5 01-15-2007 § 173-10 ITHACA CODE § 173-11 Lens —T 85° Source: International Dark-Sky Association B. Lights shall not be mounted on the top or sides (fascias) of the canopy, and the sides of the canopy shall not be illuminated. C. Existing nonconforming lighting under or on roof overhangs and canopies shall be brought into conformance with the provisions of this chapter within one year from its effective date. § 173-11. Spotlights and floodlights. Spotlights and floodlights shall be aimed 45° or more below the horizontal. Horizontal Plane 75 5 _ 5 t - 5 ti - 5 45 Degrees x 5 ti 5 �y t 5 i t � 5 , 1 , 7 4 ACCEPTABLE 173:6 01-15-2007 § 173-11 LIGHTING, OUTDOOR § 173-12 --- - - Horizontal Plane --------------------- t 45 Degrees �4 1 UNACCEPTABLE Light ai med above horizontal plane / JJJ f Jf+ �l _- ` Horizontal Plane ----------------------- UNACCEPTABLE § 173-12. Prohibitions. A. Laser source light. The use of laser source light or any similar high-intensity light for outdoor advertising or entertainment, when projected above the horizontal, is prohibited. The temporary use of laser source lights that project light into the sky may be allowed subject to the restrictions of temporary outdoor lighting contained in § 173-13. B. Searchlights and strobe lights. The operation of searchlights or strobe lights is prohibited. C. Mercury vapor fixtures and lamps. The installation of any mercury vapor fixture or lamp for use as outdoor lighting is prohibited. 173:7 01-15-2W § 173-13 ITHACA CODE § 173-15 § 173-13. Temporary outdoor lighting. Nonconforming temporary outdoor lighting may be permitted by the Enforcement Official after considering: (1) the public and/or private benefits that will result from the temporary lighting; (2) any annoyance or safety problems that may result from the use of the temporary lighting; and (3) the duration of the temporary nonconforming lighting. The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the Enforcement Official, who shall consider the request. The Enforcement Official shall render the decision on the temporary lighting request within two weeks. § 173-14. Existing nonconforming luminaires. All luminaires lawfully in place on the effective date of this chapter that do not meet the requirements of this chapter are exempt from this chapter, except that: A. Any luminaire that replaces an existing nonconforming luminaire, or any existing nonconforming luminaire that is moved, must meet the requirements of this chapter; B. Any existing nonconforming luminaire that creates glare or light trespass shall be either shielded or redirected within 30 days of notification to the owner or occupant by the Town, so that the direct light is contained on the property; C. Existing nonconforming luminaires that direct light toward streets or parking lots and cause disability glare to motorists, pedestrians, or cyclists shall be either shielded or redirected within 30 days of notification to the owner or occupant by the Town, so that the luminaires do not cause a potential hazard to motorists, pedestrians, or cyclists; D. Existing nonconforming signs are exempt only for a period of one year, as specified in § 173-8C; E. Existing nonconforming lighting under or on roof overhangs and canopies is exempt only for a period of one year, as specified in § 173-10C; and F. Section 173-913 regarding hours of operation shall apply. § 173-15. New construction. A. Submission contents. The applicant for any permit or approval required by any provision of the Town of Ithaca Code in connection with proposed work involving outdoor lighting fixtures shall submit (as part of the application for permit or approval) evidence that the proposed work will comply with the requirements of this chapter. The submission shall contain but shall not necessarily be limited to the following: (1) Plans indicating the location on the premises, and the type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices; (2) Description of the illuminating devices, fixtures, lamps, supports, reflectors and other devices, and their lumen output. The description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required); 173:8 01-15-2007 § 173-15 LIGHTING, OUTDOOR § 173-17 (3) Photometric data, such as that furnished by manufacturers, or similar data showing the angle of cut off or light emissions, and the lumen output. B. Additional submission. The above-required plans, descriptions and data shall be sufficiently complete to enable the plans examiner or board to readily determine whether compliance with the requirements of this chapter will be secured. If such plans, descriptions and data cannot enable this determination, by reason of the nature or configuration of the devices, fixtures, or lamps proposed, the applicant shall submit additional evidence of compliance to enable such determination, such as certified test reports by a recognized testing laboratory. C. Subdivision plat certification. If any subdivision proposes to have installed street or other common or public area outdoor lighting, the final plat shall contain a statement certifying that the applicable provisions of this chapter will be adhered to. D. Lamp or fixture substitution or addition. Should any outdoor light fixture, or the type of light source therein, be changed or added after the permit or approval has been issued, a change request must be submitted to the Enforcement Official for approval, together with adequate information to assure compliance with this chapter. Approval must be received prior to substitution or addition. § 173-16. Notification requirements. A. The Town of Ithaca application forms for site plan approval, subdivision approval, special approval, and building permits shall include a statement asking whether the planned project will include any outdoor lighting. B. Within 30 days of the effective date of this chapter, the Town Clerk shall send a copy of the Outdoor Lighting Law with a cover letter to all local electricians, local electric utility, local architectural firms, and local engineering firms (including at least those in the Towns of Ithaca, Danby, Dryden, Enfield, Lansing, Newfield, and Ulysses, and the City of Ithaca as listed in the Yellow Pages). § 173-17. Enforcement of violations; penalties for offenses. A. In the event of a breach of any of the provisions of this chapter, the Enforcement Official shall notify the owner of the premises, in writing, to remove, repair, or bring the luminaire into conformance within 30 days of the date of such notice. B. Upon failure to comply with any notice within the prescribed time, the Enforcement Official may remove or cause removal, repair, or conformance of the luminaire, and shall assess all costs and expenses incurred against the owner of the premises on which the luminaire is located. C. All costs and expenses incurred by the Town of Ithaca in causing the removal, repair or conformance of any luminaire, as specified in this section, shall be collected from the owner of the premises on which such luminaire is located. Payment shall be made in not more than five days after the receipt of a written demand, or in not more than 30 days after the final decision on any judicial contest the owner may pursue. If the owner fails to 173:9 01-15-2007 § 173-17 ITHACA CODE § 173-18 make a timely payment, then such unpaid costs, expenses and interest at the per-annum rate of 9% incurred from the date of removal, repair or Town action to bring the luminaire into conformance shall constitute a lien upon the premises on which the luminaire is located. A legal action or proceeding may be brought to collect such costs, expenses, interest, and recoverable attorney's fees, or to foreclose such lien. As an alternative to the maintenance of any such action, the Town may file a certificate with the Tompkins County Department of Assessment stating the costs and expenses incurred and interest accruing as aforesaid, together with a statement identifying the property and owner. The Tompkins County Department of Assessment shall, in the preparation of the next assessment roll, assess such unpaid costs, expenses and interest upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. D. Any person, firm, corporation, or entity, whether as owner, lessee, agent, or employee, who violates any of the provisions of this chapter, or who fails to comply with any order or regulation made thereunder, or who installs, moves, or alters any light in violation of any detailed statement or plans submitted by him and approved under the provisions of this chapter or other Town of Ithaca Code provisions, shall be guilty of a violation as the same is defined in the Penal Law and shall be fined not more than $100 for each violation. Each day that such violation is permitted to exist shall constitute a separate violation. Any police officer or peace officer or any person who may be lawfully designated by the Town Board shall have the authority to issue appearance tickets in connection with such violations. E. In addition, any person, firm, corporation, or entity, whether as owner, lessee, agent, or employee, who violates any of the provisions of this chapter, or who fails to comply with any order or regulation made thereunder, or who installs, moves, or alters any light in violation of any detailed statement or plans submitted by him and approved under the provisions of this chapter or other Town of Ithaca Code provisions, shall be liable for a civil penalty of $100 for a first violation and $200 for a second or subsequent violation that was committed within a period of five years from the commission of the prior violation. Each day that such violation is permitted to exist shall constitute a separate violation. The Attorney for the Town or his or her designee may commence an action or special proceeding against the violator in a court of competent jurisdiction to collect these penalties, together with costs, disbursements and recoverable attorneys' fees, and/or to compel compliance or restrain by injunction any such violation. § 173-18. Appeals and variances. A. The Zoning Board of Appeals, established pursuant to Chapter 270, Zoning, of the Town of Ithaca Code, shall hear and decide the following matters: (1) Questions of alleged error in any order or determination of the Enforcement Official involving the interpretation of the provisions of this chapter; and 173:10 01-15-2007 § 173-18 LIGHTING, OUTDOOR § 173-18 (2) Requests for variances from the provisions of this chapter. B. The Zoning Board of Appeals may grant variances from the application of this chapter upon the following conditions: (1) Any variance shall be prospective in its application and shall not relieve any person from the penalties and fines for violating this chapter by conditions that existed prior to the granting of the variance. (2) An application for a variance shall be submitted to the Town in a form substantially indicating the name and owner of the real property, the nature of the condition for which a variance is sought, and the reasons for which a variance is sought. (3) The applicant shall pay the same fee as that set forth in Chapter 153, Fees, of the Town of Ithaca Code for appeals to the Zoning Board of Appeals for variances. (4) Where the applicant is also seeking site plan review, the variance application shall be referred to the Planning Board, established pursuant to Chapter 270, Zoning, of the Town of Ithaca Code, for its review and recommendation to the Zoning Board of Appeals. (5) The Zoning Board of Appeals shall hold a public hearing on the application and shall publish notice of said public hearing at least five days prior to its date. At the option of the Zoning Board of Appeals, notice of said application shall also be given to all landowners owning property adjoining the property for which a variance is sought. At the option of the Zoning Board of Appeals, a notice that a variance is sought shall also be posted on the property in accordance with the posting provisions of Chapter 270, Zoning, of the Town of Ithaca Code. (6) The Zoning Board of Appeals may grant a variance if it determines that the purposes of this chapter will be met if the variance is granted, and that the benefit to the applicant if the variance is granted outweighs the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall consider, among other matters: (a) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; (b) Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; (c) Whether the requested variance is substantial; (d) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (e) Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the variance. 173:11 01-15-2007 § 173-18 ITHACA CODE § 173-19 (7) The Zoning Board of Appeals, if it chooses to grant the variance, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. (8) The Zoning Board of Appeals shall, in the granting of such variance, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property and/or the period of time such variance shall be in effect. Such conditions shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community. C. The variances and the procedure for obtaining same shall, except where explicitly otherwise required by this chapter, be in accordance with the provisions of the Town Law, particularly § 267 et seq., and the provisions of the Town of Ithaca Code, Chapter 270, Zoning, relating to the consideration of area variances. D. Any person aggrieved by a decision of the Zoning Board of Appeals may have the decision reviewed by the Supreme Court of the State of New York in the manner provided by law. § 173-19. Law governing conflicts. Where any provision of federal, state, county, or Town statutes, codes, or laws conflicts with any provision of this chapter, the most restrictive provision shall govern except where preempted by state or federal law. 173:12 01-15-2007 § 221-7 SIGNS § 221-7 (1) Projecting sign panels or sign symbols shall have not more than two faces, and the maximum area of the panel or symbol shall be 15 square feet. (2) A projecting sign panel or sign symbol may extend three feet maximum from the building face, or 1/3 the width of the sidewalk, whichever is less. (3) No part of a projecting sign shall extend into vehicular traffic areas, and any part over pedestrian traffic areas shall have a minimum clearance of seven feet six inches. (4) Projecting signs shall not extend above the level of the floor of the second story of the building to which attached, nor in any case be higher than 12 feet from the ground. (5) Projecting signs shall not be copy-change type except as specified in § 221-71)(3). C. Freestanding signs. (1) Freestanding sign panels or sign symbols shall have not more than two faces and the maximum area of the panel or symbol shall be 50 square feet. (2) The maximum height of a freestanding sign and support shall be 20 feet. (3) No part of a freestanding sign shall extend into vehicular traffic areas, and any part extending over pedestrian traffic areas shall have a minimum clearance of seven feet six inches. (4) Freestanding signs shall be placed in front yards only, shall be located no closer than six feet from a building, 15 feet from the edge of the pavement, and 15 feet from a side lot line, and no part shall extend over a public street or sidewalk. D. Marquee, canopy and awning signs. (1) No sign shall project or be suspended from a marquee, canopy or awning. (2) Marquee, canopy and awning signs shall be completely within the outer edges of such marquee, canopy or awning. (3) Copy-change marquee signs shall be permitted on theaters only. (4) For each linear foot of marquee perimeter the maximum area of graphics shall be one square foot. (5) Canopy or awning graphics may be painted or affixed flat to the surface of the front or sides, and shall indicate only the name and/or address of the enterprise or premise. (6) Canopy or awning graphics shall be a single line of lettering six inches maximum height. E. Window signs. 221:7 01-15-2007 § 221-7 ITHACA CODE § 221-8 (1) Window signs are prohibited above the first floor, except for lettering of five inches maximum height per line with a maximum of two lines, identifying professional or business offices. (2) There shall be no more than one permanent window sign per window and a maximum of two per enterprise. (3) The area of permanent window signs shall not exceed 25% of the area of the window or windows through which they are visible, nor in any case exceed four square feet. (4) Copy-change window signs shall not exceed four square feet in area. (5) Exposed luminous tubing or similar window signs shall consist of no more than two rows, the lettering shall not exceed six inches in height per row, and the entire sign shall not exceed three-quarters of the window width or six square feet, whichever is less. §221-8. Sign illumination. A. Prohibited sources. (1) No illumination which will cause glare reflection constituting a nuisance or a traffic hazard shall be directed upon a sidewalk, street, or public place, or upon adjacent premises. (2) No sign, display or advertising device shall be illuminated by or contain flashing, intermittent, rotating, or moving lights. (3) Exposed luminous tubing or similar signs shall be prohibited, except in windows as specified in § 221-7E(5). (4) Strings of lights not part of a sign shall not be used for advertising, outlining buildings or features of buildings, or otherwise attracting attention, except as specified in § 221-5A(2)(f). (5) Gas or other flame illumination is prohibited. (6) Illuminations that do not meet the requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code, are prohibited. [Added 10-16-2006 by L.L. No. 12-20061 B. Permitted sources. (1) Direct illumination shall be permitted in all districts as follows: (a) Visible lamps, not exceeding 25 watts per lamp. (b) Shielded linear light sources and gooseneck reflectors. (c) Floodlights. 221:8 01-15-2007 § 221-8 SIGNS § 221-10 (2) Indirect illumination, including backlighted letters, is permitted in all districts. (3) Self-illuminated copy-change theater signs are permitted in business districts. (4) Self-illuminated signs and letters are permitted in business and industrial districts. C. Intensity. No sign shall produce illumination in excess of 10 footcandles above ambient light level at a distance of four feet on a level with the sign. D. Color. In residential districts and/or agricultural districts illumination shall be white or amber. E. In addition to the foregoing requirements, all illuminations shall meet the requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code. [Added 10-16-2006 by L.L. No. 12-2006] §221-9. Sign construction. A. Fabrication and attachment. All sign fabrication, erection, and attachment shall conform to the requirements of the latest edition of the New York State Uniform Fire Prevention and Building Code and other applicable codes and regulations. [Amended 7-12-2004 by L.L. No.7-2004] B. Electrical. (1) Lighting fixtures and wiring shall conform to the requirements of the latest edition of the National Electrical Code and other applicable codes and regulations, and shall have New York Board of Fire Underwriters'approval. (2) Transformers, wires, and similar items shall be concealed. (3) All wiring to freestanding signs shall be underground. C. Maintenance. All signs, sign finishes, supports, and electrical work shall be kept in good repair and safe condition. §221-10. Sign removal; nonconforming signs. A. Amortization of off-premises signs. (1) All off-premises signs not permitted by the terms of this chapter, whether valid nonconforming signs or otherwise, and existing at the time of the adoption of this chapter shall be removed within a period of four years from the date of the adoption of this chapter. Off-premises signs which are not valid nonconforming signs and are not permitted signs under this chapter shall be removed immediately. B. Disused signs. A sign, and any supports and electrical work, identifying or advertising a business no longer conducted or a product no longer sold on the premises shall be removed by the owner of the premises within six months from the date of disuse, unless the Enforcement Official shall determine that such sign or portions thereof may be utilized by a subsequent enterprise. 221:9 01-15-2007 §221-10 ITHACA CODE § 221-10 C. Unsafe signs. (1) Unsafe or insecure signs shall be repaired or removed by the owner of the premises. (2) If the Enforcement Official determines an unsafe sign to be an actual danger to persons or property, such sign must be removed within three days of receipt of written notice. (3) If the owner fails to comply within three days after notification, the Town shall remove the sign at cost to the owner of the premises. (4) If it is determined by the Enforcement Official that any sign is a source of immediate peril to any person or property, such sign may be removed summarily and without notice by the Enforcement Official at cost to the owner of the premises. D. Surface restoration. Upon removal of any wall sign, including signs painted on walls, the surface area of the wall shall be restored to an appearance substantially equivalent to the remaining portion of the facade. E. Nonconforming signs. (1) Existing nonstructural signs, such as portable signs, banners, pennants, or similar signs, which are nonconforming with the provisions of this chapter shall be brought into conformance or removed within 90 days of the date of the adoption of this chapter. (2) Except as otherwise provided in this chapter, the lawful use of any sign existing at the date of the adoption of this chapter may be continued even though such sign does not conform to the provisions herein. (3) A nonconforming sign may not be changed or enlarged unless a variance is granted by the Zoning Board of Appeals. When a nonconforming sign is in need of alteration, replacement, or substantial repair as shall be determined by the Enforcement Official, the sign shall be made to come into compliance with the requirements of this chapter or be removed unless a variance is granted by the Zoning Board of Appeals. (4) Abandonment or discontinuance of the use for which any nonconforming sign has been maintained for a period of more than six months, as shall be determined by the Enforcement Official, shall terminate the use of such sign. No nonconforming sign shall be reinstated except by variance granted by the Zoning Board of Appeals. (5) Temporary removal of a nonconforming sign for painting or other normal maintenance shall be limited to a period of 30 days. 221:10 01-15-2007 §221-11 SIGNS § 221-11 §221-11. Design review. A. Purpose. To encourage the appropriate and compatible design and placement of signs and street graphics. B. Sign Review Board. The Planning Board shall be designated as the Sign Review Board. C. Jurisdiction. 221:10.1 01-15-2007 ZONING §270-171. Site plan approval. §270-192. Letter of credit. §270-193. Completion of ARTICLE XXI improvements. Planned Development Zones §270-194. Expiration of site plan approval. §270-172. Purpose. §270-173. Establishment and location. ARTICLE XXIV §270-174. Permitted principal and Special Permits and Special Approvals accessory uses. §270-175. Additional requirements. §270-195. Purpose. §270-176. Minimum area for Planned §270-196. Requirement preceding Development Zone. issuance of building permit §270-177. Yard and other regulations. or certificate of occupancy. §270-178. Site plan approval. §270-197. Applicability. §270-198. Procedure. ARTICLE XXII §270-199. Waiver of requirements. Procedures for Creation of New Zones §270-200. Considerations for approval. §270-201. Modifications of special §270-179. Zones to which applicable. permits or special approvals. §270-180. General provisions. §270-202. Expiration of special permit §270-181. Procedures for creation of a or special approval. zone. ARTICLE XXV ARTICLE XXIII Nonconforming Uses Site Plan Review and Approval Procedures §270-203. Nonconforming lots of record. §270-182. Purpose. §270-204. Nonconforming uses of land. §270-183. Site plan required prior to §270-205. Nonconforming structures. building permit or certificate of occupancy. §270-206. Nonconforming uses of structures. §270-184. Applicability. §270-185. Procedure. §270-207. Interruption of nonconforming use. §270-186. Site plan requirements. §270-208. Dwellings on nonconforming §270-187. Waiver of requirements. lots. §270-188. Considerations for approval. §270-209. Continuation of construction. §270-189. Limitations on construction. §270-210. Alterations in use. §270-190. Reservation of parkland on §270-211. Restoration. site plans containing §270-212. Board of Appeals residential units. determination. §270-191. Modifications of site plans. 270:5 01-15-2007 ITHACA CODE §270-213. Variance criteria. §270-226. More than one building on a §270-214. Amortization of certain lot. nonconforming uses relating §270-227. Parking facilities. to pre-1991 residential §270-228. Approval of County Health occupancies. Department. §270-214.1. Nonconforming farms in §270-229. Abandoned cellar holes and Medium Density Residential buildings. Zones. §270-230. Agricultural lands in County ARTICLE XXVI Agricultural Districts. Special Regulations ARTICLE XXVIII §270-215. Mobile homes and trailers. Administration §270-216. Elder cottages. §270-231. Enforcement. §270-217. Extraction or deposit of fill §270-232. Applications for approvals, and related products. remedies or relief. §270-218. Limitations on vehicle repair §270-233. Permit to build. garages and gasoline sales stations. §270-234. Certificate of occupancy. §270-219. Telecommunications §270-235. Zoning Board of Appeals. facilities. §270-236. Planning Board. §270-219.1. Solar collectors and §270-237. Posting of notices. installations. §270-238. Entry and inspection. ARTICLE XXVII §270-239. Violations and penalties. General Provisions §270-240. Amendments. §270-241. Validity. §270-220. Building floor area. §270-242. Existing Zoning Ordinance §270-221. Side yard on corner lot. amended, readopted and §270-222. Porches and carports. reenacted. §270-223. Fences and walls. §270-243. Fees. §270.224. Projections in yards. §270-244. Effective date. §270-225. Reduction of lot area. §270-245. Transition provisions. [HISTORY: Adopted by the Town Board of the Town of Ithaca 12-8-2003 by L.L. No. 7-2003. Amendments noted where applicable.] 270:6 01-15-2007 § 270-5 ZONING § 270-5 additional cubic capacity. A mobile home may also be designed as two or more separately towable components designed to be joined into one integral unit capable of again being separated into the components for repeated towing. This definition excludes travel or camping trailers towed by a motor vehicle and neither wider than eight feet nor longer than 32 feet. Self-propelled motor homes, or modular housing which is not built with an integral chassis and which must be transported on a separate vehicle from factory to housing site are also excluded from this definition. A mobile home shall be considered a one-family dwelling only for purposes of determining the number of occupants permitted. MOBILE HOME LOT— A parcel of land used for the placement of a single mobile home and the exclusive use of its occupants. A mobile home lot shall be located in a mobile home park as defined by this chapter. MOBILE HOME PARK— A parcel of land owned by an individual, partnership, or corporation which has been planned and improved for the placement of mobile homes. MOBILE HOME STAND— That part of an individual mobile home lot which has been reserved and improved for the placement of the mobile home, appurtenant structures and additions. MULTIPLE-FAMILY DWELLING— A building or group of buildings on one lot containing three or more dwelling units. NATURAL AREA— An area of land designated as a Critical Environmental Area, Unique Natural Area, or other similar environmental designation in accordance with regulations promulgated by the New York State Department of Environmental Conservation or any similar successor state agency, or by any other federal, state, or local governmental unit, and any area specifically designated as a Significant Natural Area by the Town Board of the Town of Ithaca after notice to the owner or owners of the area and a public hearing on such designation. NONCONFORMING USE— A use of land existing at the time of enactment of this chapter and its amendments which does not conform to the zoning regulations of the district in which it is situated. NURSERY— A lot or structure where trees, shrubs, flowering and other plants are cultivated, grown or stored and sold. NURSING OR CONVALESCENT HOME— A building other than a hospital where sick or infirmed persons are lodged, furnished with meals and nursing care for hire and licensed by the State of New York. ONE-FAMILY DWELLING— A detached building containing a single dwelling unit. PARKING SPACE— An area for the temporary parking of a motor vehicle 180 square feet in size exclusive of the parking lot circulation areas. PUBLIC PARKING GARAGE— A garage or other structure used for the parking of automobiles for the public for a fee on an itinerant basis. 270:17 01-15-2007 § 270-5 ITHACA CODE § 270-5 QUALIFIED SOLAR INSTALLER— A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. Persons who are not on NYSERDA's list of eligible installers or NABCEP's list of certified installers may be deemed to be qualified solar installers if the Town determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts. [Added 10-16-2006 by L.L. No. 11-2006] SEQR— Article eight of the New York State Environmental Conservation Law, or any similar successor statute, together with any state regulations (presently six NYCRR Part 617) and local regulations promulgated thereunder. SHORELINE— The mean high-water elevation of Cayuga Lake along the shore. SOLAR COLLECTOR— A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat. [Added 10-16-2006 by L.L. No. 11-2006] SOLAR STORAGE BATTERY— A device that stores energy from the sun and makes it available in an electrical form. [Added 10-16-2006 by L.L. No. 11-20061 SPECIFIED ANATOMICAL AREAS— The following areas of the human body: A. Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and B. Human male genitals in a discernible turgid state even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES— The following activities: A. Human genitals in a state of sexual stimulation or arousal; or B. Acts of human masturbation, sexual intercourse or sodomy; or C. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast. STREET LINE or HIGHWAY RIGHT-OF-WAY LINE— The limit of the right-of-way of a street, road or highway. Where the word "street" appears this also means highway or road. STORAGE— The outdoor accumulation or laying-up of manufactured products or raw materials, or the keeping of one or more pieces of movable equipment other than pleasure automobiles. 270:18 01-15-2W § 270-5 ZONING § 270-5 STRUCTURE— Anything that is constructed or erected on the ground or upon another structure or building. "Structure" also includes anything that is constructed or erected underground and projects up to the ground surface or above, or anything that is constructed or erected wholly underground other than utility lines, septic and water systems, or other similar types of underground construction wholly ancillary to a principal building or structure on the premises. "Structure" also includes constructed parking spaces. The term "structure" includes a building. There is excluded from the term "structure," however, underground graves, vaults or other underground facilities for the interment of bodies. TELECOMMUNICATIONS FACILITY— Any equipment, other than: (A.) equipment used by amateur radio licensees regulated by the Federal Communications Commission; or (B.) equipment that is used by a governmental unit or agency that is statutorily expressly exempt from regulation by the Town of Ithaca; or (C.) mobile equipment that is contained in a car or other motor vehicle or is completely portable and not affixed in any manner to realty [the exception for mobile equipment does not extend to any antenna(s) attached, directly or indirectly, such as on a tower or other structure, to realty or to other facilities used in connection with such mobile equipment]; or (D.) devices covered by the Federal Communication Commission's over-the-air reception devices rule, found at 47 C.F.R. Section 1.4000; or (E.) antennas that are not licensed by the Federal Communications Commission and are one meter or less in diameter or diagonal measurement or (for whip antennas) are one meter or less in length and no more than three inches thick; used in connection with the 270:18.1 01-15-2007 § 270-22 ZONING § 270-24 H. Roads and driveways should follow existing contours to the extent practicable to minimize the impact of cuts and fills. The number of driveways accessing public streets shall be kept to a minimum. The appropriate use of common driveways is encouraged. I. The following shall apply to drainage: (1) The Planning Board may require the preparation and submittal of a stormwater management plan, to be approved by the Town Engineer, for proposed special approval uses and for proposed subdivisions. (2) Existing natural drainageways should be retained where possible. (3) In cases where a retention basin will be required, a landscaping plan shall be prepared and submitted for the Planning Board's approval. Basin landscaping materials that enhance wildlife habitat shall be used to the extent practicable. J. The following shall apply to lighting: (1) Street lighting shall be provided only where site-specific safety conditions warrant. (2) Where street lighting is required, its location, type, and intensity shall be subject to the Planning Board's review and recommendation to the Town Board for approval. (3) All approved street lighting must comply with the requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code. [Added 10-16-2006 by L.L. No. 12-20061 K- Whenever a subdivision of land is proposed in a Conservation Zone, the Planning Board may require that the nonbuildable areas listed above, including wetlands, slopes 25% or greater, and streams/watercourses and setbacks, be shown on the preliminary and final subdivision plats. §270-23. Park and recreation setasides and fees in lieu thereof. Because of the reduced density in the Conservation Zones, the requirements for maintaining open space, existing public trails, and the existing and expected additional opportunities for passive recreational activities in the areas included in the Conservation Zones, it is anticipated that in Conservation Zones normally there will be no need for mandated parkland reservations or fees in lieu thereof pursuant to applicable Town Law and Town of Ithaca Code Chapter 234, Subdivision of Land, and this Chapter 270, Zoning, including § 234-22 of Chapter 234, Subdivision of Land, and any successor or related provisions. §270-24. Site plan approval. No building permit shall be issued for a building or structure within a Conservation Zone requiring a special permit unless the proposed building or structure is in accordance with a site plan approved pursuant to the provisions of Article XXIH. 270:29 01-15-2007 § 270-25 ITHACA CODE § 270-26 ARTICLE VI Agricultural Zones §270-25. Purpose. The purpose of the Agricultural Zone is to assure a proper economic and physical environment for continued agricultural use of land and other nonextractive natural resource land uses; to maintain an open rural character to viable agricultural areas; to assure compatible types and densities of development on lands that are usable for agricultural pursuits; and to minimize other land uses incompatible with farming. Persons and entities not engaged in agricultural pursuits in the Agricultural Zone should be aware that the primary intention of the zone is to permit usual acceptable farming and farming practices which may generate dust, odor, smoke, noise, and vibration; during growing seasons machinery may be operated at other than daylight hours; certain generally acceptable farming operations may involve the use and spraying of herbicides or pesticides; and acceptable practices in keeping animals may involve odors or noises. Accordingly, any person or entity residing or working in an Agricultural Zone should anticipate these types of concerns and recognize that such are the by-product of zoning an area in the Town where agricultural endeavors are encouraged to thrive. To the extent buffer areas may be required, the intention of such buffers is to reduce the potential for conflicts between farming and nonfarming uses. Agricultural Zones are also areas of the Town where it is unlikely public water or sewer will be made available, so as to reduce the economic pressures for development that often flow from the introduction of such facilities. Accordingly, persons acquiring property in Agricultural Zones should not expect such public facilities to be provided. §270-26. Permitted principal uses. Only the following buildings or uses are permitted of right in an Agricultural Zone: A. Any lawful farm purpose, including usual farm buildings and structures, but excluding rendering plants. B. Plant nursery. C. Equestrian facility. D. Kennel, coop, or other facility for the housing or caring for animals, birds, or fish, whether for hire or otherwise, including an animal shelter, wildlife refuge and fish farms. E. A roadside stand or other structure, not exceeding 3,000 square feet of enclosed space, for the display and sale of farm or nursery products related to farming and as a seasonal convenience to the owner or owners of the land. The majority of the products sold at such stand shall be, or be derived from, products produced on the farm on which the roadside stand is located. Any such stand shall be located a minimum of 30 feet from the street line, in such a manner as to permit safe access and egress for automobiles, and parking off the highway right-of-way. [Amended 8-1-2005 by L.L. No. 7-20051 F. A one-family dwelling to be occupied by no more than: 270:30 01-15-2007 § 270-115 ZONING §270-120 §270-115. Minimum area for commercial zone. A minimum tract of two acres is required for the development of a Commercial Zone except for a Neighborhood Commercial Zone for which the minimum tract required is one acre and except for a Vehicle Fueling and Repair Zone for which the minimum tract required is 30,000 square feet. §270-116. Height limitations. Except as may be specifically otherwise authorized in this chapter, in Commercial Zones no building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, and no structure other than a building shall exceed 30 feet in height. §270-117. Yard regulations. A. Except as may be specifically otherwise authorized in this chapter, in Commercial Zones yards of at least the following dimensions are required: (1) Front yard: Not less than 50 feet in depth. (2) Rear yard: Not less than 30 feet in depth. (3) Side yards: None required with respect to buildings all on the same lot, but not less than 30 feet from any structure to a side property line. (4) Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard requirements. B. The foregoing requirements may include any required buffer areas and shall not be in addition to any required buffer areas. §270-118. Building area. The maximum building area shall not exceed 30% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. §270-119. Minimum usable open space. Minimum usable open space shall be not less than 30% of the lot area. For this purpose "usable open space" shall mean that portion of the lot area not covered by any structure (as defined in Article III) or driveway, and generally intended to be occupied by suitable vegetation or landscaping. §270-120. Size and area of lot. Lots in Commercial Zones shall meet the following minimum requirements: 270:69 01-15-2007 §270-120 ITHACA CODE § 270-122 A. Minimum lot area shall be at least 30,000 square feet if public sewer facilities are available, otherwise the minimum lot area shall be at least two acres; and B. Minimum width at the street line shall be 100 feet; and C. Minimum width at the maximum required front yard setback line (50 feet from the street line) shall be 150 feet; and D. Minimum depth from the street line shall be 200 feet. §270-121. Parking. Parking requirements shall be as set forth in Article XXVII. §270-122. Additional special requirements. Additional special requirements include the following: A. Off-street loading. At least one off-street loading space shall be required for each 20,000 square feet of floor area, including basement. B. Access and sidewalks. Access drives shall be paved with blacktop, concrete, or other solid material, and, if business is to be carried on in the evening, shall be adequately lighted. All outdoor lighting must comply with the requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code. Driveways and walkways shall provide safe access, egress and traffic circulation within the site. The placement, size and arrangement of access to public streets shall be subject to the approval of the appropriate highway authority. Unless waived by the Town Board or Planning Board for good cause shown, sidewalks shall be installed by the developer of any commercial zone (except Lakefront Commercial Zones) simultaneously with construction of any commercial buildings on any site. [Amended 10-16-2006 by L.L. No. 12-20061 C. Buffer areas and screening. No structure shall be placed closer than 50 feet to any residence zone and thirty feet to any other zone. A strip at least 10 feet wide within such buffer area shall be suitably planted to screen a Commercial Zone from present or future residences, or a suitable screening fence shall be erected. No waste or refuse shall be placed outside any building in a Commercial Zone except that an area common to all businesses, or a separate area for each business may be reserved at the rear of the structure or structures. These areas shall contain bins, -or other receptacles adequate to prevent the scattering of waste and refuse, and shall be planted or fenced so as to be screened from the public view. Such area and receptacles shall not be located in the buffer area set forth above. No refuse shall be burned on the premises. D. Additional screening. In addition to the landscaping, screening, fencing and buffer requirements set forth above, additional landscaping, fencing, screening, or earth berm may be required to be provided by the Planning Board in the site review process in any area where the proposed structure or use would, in the reasonable opinion of the Planning Board, create a hazardous condition or would detract from the value of neighboring property if such landscaping, fencing, screening, or berm were not provided. 270:70 01-15-2007 § 270-188 ZONING § 270-191 viewsheds, unique natural habitats, and on other open space areas of importance to the neighborhood or community. J. The effect of the proposed development on any historic structures listed or eligible for listing on the National Register of Historic Places. K. The need for, and the adequacy of, any natural or man-made buffers. L. Whether the design of the project minimizes the increase of impervious surfaces on the site. M. Compliance with the Town's Comprehensive Plan, Zoning Ordinance, Subdivision Regulations, Water Resources Ordinances, if applicable, Outdoor Lighting Law,3 and any other applicable laws, rules, requirements, or policies. [Amended 10-16-2006 by L.L. No. 12-2006] §270-189. Limitations on construction. No site plan shall be approved which provides for construction or other disturbance of land in environmentally sensitive areas, including but not limited to, wetlands, watercourses, steep slopes, unique natural areas, or rare plant or animal habitats, unless the applicant demonstrates with professional evidence reasonably satisfactory to the Planning Board that such construction may occur without adverse environmental effects upon such areas. Nothing in this subsection is intended to permit construction or other activities in areas where the same are prohibited or regulated by other laws or regulations of the federal, state, county, or local government. §270-190. Reservation of parkland on site plans containing residential units. If the proposed project includes dwelling units, the Planning Board may, in accordance with the provisions and requirements of Town Law § 274-a or any similar or successor law, require a park or parks to be shown on the site plan, or, to the extent permitted by § 274-a, monies in lieu of parkland. §270-191. Modifications of site plans. A site plan that has received final site plan approval may be modified upon the application of the owner for such modification. Such application shall be in accordance with the provisions of this article and the procedures applicable to such application shall be the same as are applicable to an initial application for site plan approval. Notwithstanding the foregoing, Planning Board approval of a modification shall not be required: A- If the modification does not involve: (1) Construction of an addition of more than 1,000 square feet of enclosed space whether on one or more stories; nor 3. Editor's Note:See Ch.173,Outdoor Lighting. 270:99 01-15-2007 § 270-191 ITHACA CODE § 270-191 (2) Construction or relocation of more than three parking spaces nor construction or relocation of any parking spaces to an area that is not adjacent to the original planned parking area; nor (3) Construction, alterations, or renovations affecting the exterior of a building or the site anticipated to cost more than $20,000; nor (4) Construction, alteration, or renovation of the interior of a building involving a change in occupancy or use; nor (5) Enlargement of an existing or previously approved building that involves an increase of square footage of more than 15% of the existing square footage of the existing or previously approved building; nor (6) Reduction of an existing or previously approved building that involves a decrease of square footage of more than 15% of the exiting or previously approved building; nor (7) Alteration of traffic flows and access nor a significant increase in the volume of traffic; nor (8) A significant (in the judgment of the Director of Planning) change in the aesthetic appearance of any structure or site plan element including landscape and lighting details from that presented at the time of the prior approval; nor (9) A change in the impacts of the project on surrounding properties, such as an increase in noise, water run-off, light illumination, or obstructions to views; nor (10) Violation of any express conditions (including, without limitation, buffer zones, setbacks, and similar restrictions) imposed by the Planning Board in granting prior site plan approval, or B. If the modification does not involve a movement or shift of a location of one or more buildings more than two feet laterally or six inches vertically from the location or elevation shown on the final site plan where: (1) Such shift does not alter proposed traffic flows or access; and (2) Such shift does not directly violate any express conditions (including, without limitation, buffer zones, setbacks, etc.) imposed by the Planning Board in granting prior site plan approval. C. The numerical criteria for the exceptions from the requirement of obtaining Planning Board approval are an aggregate maximum [i.e., if a seven-hundred-square-foot addition is constructed without obtaining Planning Board approval pursuant to Subsection A(1) above, construction of a second addition larger than 300 square feet would require Planning Board approval of a modified site plan]. D. This waiver of the requirement of Planning Board approval is not intended to permit construction in violation of any other provision of this chapter including setback, side yard, and similar regulations, nor the requirement to obtain a building permit in those 270:100 01-15-2007 § 270-191 ZONING § 270-191 circumstances when otherwise required by the terms of this chapter or by the Building Code. 270:100.1 01-15-2007 §270-219 ZONING § 270-219.1 I existing structure or facilities will be artificially lighted or marked as a result of the addition of the new facility; and [6] Will be built, operated and maintained to acceptable industry standards, including but not limited to the most recent, applicable standards of the Institute of Electric and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI), and will meet generally accepted good engineering practices and industry standards, including but not limited to acceptable standards as to stability, wind and ice loads, and bird protection. (g) A statement as to whether site plan review is required for accessory structures and/or equipment. (h) Any applicable application fees or other fees. (9) If site plan approval is required for accessory structures and/or equipment, the Building and Zoning Enforcement Officer shall advise the Planning Board whether all other building permit application requirements have been met and shall not further process the building permit application until Planning Board site plan approval has been granted. (10) Miscellaneous. (a) Any building permit or site plan approval issued hereunder shall be valid only for the dimensions and number of antennas, equipment and structures for the telecommunications facility as so approved. Any subsequent changes or modifications shall require a new application for same following the procedures set forth in this section. (b) Whenever reference is made to an engineer's certificate or report in this section, the same shall be provided by a professional engineer licensed in the State of New York who is reasonably satisfactory to the Building and Zoning Enforcement Officer. §270-219.1. Solar collectors and installations. [Added 10-16-2006 by L.L. No. 11-20061 A- Rooftop and building-mounted solar collectors are permitted in all zoning districts in the Town. Building permits shall be required for installation of rooftop and building-mounted solar collectors. B. Ground-mounted and freestanding solar collectors are permitted as accessory structures in all zoning districts of the Town, subject to the following requirements: (1) The location of the solar collector meets all applicable setback requirements of the zone in which it is located. (2) The height of the solar collector and any mounts shall not exceed 20 feet when oriented at maximum tilt. 270:126.5 01-15-2007 §270-219.1 ITHACA CODE § 270-221 (3) The total surface area of all ground-mounted and freestanding solar collectors on the lot shall not exceed 1,000 square feet. (4) A building permit has been obtained for the solar collector. (5) The solar collector is located in a side or rear yard. C. Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed solar collectors. Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in § 270-191 of this chapter are met, including but not limited to proposed changes to or additions of solar collectors where such changes or additions meet a § 270-191 threshold. D. All solar collector installations must be performed by a qualified solar installer, and prior to operation the electrical connections must be inspected by the Town and by the New York Board of Fire Underwriters or other appropriate electrical inspection agency as determined by the Town. In addition, any connection to the public utility grid must be inspected by the appropriate public utility. E. When solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of Tompkins County and other applicable laws and regulations. F. If a solar collector ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment and facilities by no later than 90 days after the end of the twelve-month period. ARTICLE XXVII General Provisions §270-220. Building floor area. No dwelling in any zone shall be erected or altered so as to provide for less than 600 square feet of net enclosed floor area. §270-221. Side yard on corner lot. On a corner lot in a residence zone the yard width on the side street shall be at least 1/2 the required front yard for adjoining properties on the side street, but in no event less than 10 feet On a corner lot in any other zone, the yard depth on both streets shall be equal to the required front yard for adjoining properties on both streets. 270:126.6 01-15-tom § 270-233 ZONING § 270-234 B. This waiver of the permit to build requirement for alterations, accessory buildings, and parking spaces shall in no case relieve the property owner from compliance with other provisions of this chapter or of the New York State Uniform Fire Prevention and Building Code, or any successor ordinances or statutes. C. No permit to build shall be issued except pursuant to written order of the Board of Appeals, where the proposed construction, alteration, or use would be in violation of any provision of this chapter. No such permit shall be issued,except pursuant to written order of the appropriate authority granting variances where the proposed construction, alteration, or use would be in violation of any provision of the New York State Uniform Fire Prevention and Building Code or any successor statute. D. Every application for a building permit shall state in writing the intended use of the building and shall be accompanied by a plot plan with all dimensions shown indicating the size and shape of the lot and buildings. E. Every such application for a building permit shall also contain additional information such as the intended number of occupants, the number of rooms, statement as to whether any portion will be occupied by the owner or will be leased, and such application shall be accompanied by an interior plan showing number and layout of rooms, and such application and such plan shall contain such additional information as may be reasonably required by the Code Enforcement Officer or as may be required from time to time by the Town Board. F. Every application for a building permit shall be accompanied by a fee computed in accordance with the most recent local law, ordinance, or resolution adopted by the Town Board establishing such fees, including, without limitation, Chapter 153, Fees, of the Code of the Town of Ithaca (i.e., the local law regarding same adopted on or about December 12, 1994, to be effective January 1, 1995), as the same may have been subsequently amended. G. Unless there has been substantial progress in the work for which a building permit was issued, said building permit shall expire one year from the date of issue. §270-234. Certificate of occupancy. A certificate of occupancy shall be required for all work for which a building permit is required to be issued under this chapter or under any other ordinance or local law of the Town of Ithaca or under the New York State Uniform Fire Prevention and Building Code or any successor statute. Further, a certificate of occupancy shall be required for all buildings which are converted from one general occupancy classification to another and such classifications are defined in Part 701 of Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York, or any successor rules or regulations. The issuance of building permits and certificates of occupancy shall be governed, in addition to the requirements of this chapter, by the requirements of the New York State Uniform Fire Prevention and Building Code, the rules and regulations promulgated thereunder, and any similar or successor statutes, and in accordance with the requirements of any laws, ordinances, rules or regulations of the Town of Ithaca including, without limitation, Local Law No. 1 of the year 1981 (Chapter 125, Building Construction and Fire Prevention, of the Code of the Town of Ithaca) as the same 270:135 01-15-2007 § 270-234 ITHACA CODE § 270-235 has been subsequently amended. The fee for the issuance of a certificate of occupancy shall be the fee established in the most recent local law, ordinance, or resolution adopted by the Town Board establishing such fee, including, without limitation, the local law regarding same adopted on or about December 12, 1994, to be effective January 1, 1995, as the same may have been subsequently amended. §270-235. Zoning Board of Appeals. There is hereby established a Zoning Board of Appeals which shall function in the manner prescribed by law (except as the same may be superseded by the terms of this chapter as set forth below). A. Membership. (1) There shall be five members of the Zoning Board of Appeals. The members of the Zoning Board of Appeals shall be residents of the Town of Ithaca and shall be appointed by the Town Board to serve for terms as prescribed by law. Vacancies occurring in said Board by expiration of term or otherwise shall be filled in the same manner. No person who is a member of the Town Board shall be eligible for membership on the Zoning Board of Appeals. (2) Alternate members. [Amended 11-13-2006 by L.L. No. 14-2006] (a) There may be appointed additionally up to two alternate members of the Zoning Board of Appeals. Alternate members shall be appointed by resolution of the Town Board for terms established by the Town Board. (b) The Chairperson of the Zoning Board of Appeals shall designate an alternate member to substitute for a regular member in the event that a regular member is unable or unwilling to vote because of a conflict of interest, recusal, absence, abstention, or any other reason and an alternate member is present at the meeting when the designation takes place. (c) If more than one alternate member is present at a meeting when the Chairperson is designating an alternate member to substitute for a regular member, the Chairperson shall designate the alternate member who has not served on a case or matter the most recently. If that alternate member is not able or willing to vote for a reason listed in Subsection A(2)(b) above, then the Chairperson shall designate the other alternate member to serve. (d) To the extent this provision is inconsistent with Town Law § 267(11), it is intended to supersede such section, in accordance with Municipal Home Rule Law § 10(1)(ii)d(3). All other rights, responsibilities and procedures related to alternate members set forth in said § 267 shall apply. B. The Town Board shall designate the Chairperson of the Zoning Board of Appeals. The Zoning Board of Appeals shall choose its own Vice Chairperson who shall preside in the absence of the Chairperson. In the absence of both the Chairperson and Vice Chairperson, the Zoning Board of Appeals shall choose one of its number as Acting Chairperson. Such Chairperson, or the party acting as Chairperson in the Chairperson's 270:136 01-15-2007 § 270-235 ZONING § 270-235 absence, may administer oaths and compel the attendance of witnesses. The Zoning Board of Appeals may appoint a secretary who shall take minutes of all its meetings and keep its records. C. The Zoning 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 resolutions and orders shall be in accordance therewith. D. Any person aggrieved by any decision of any officer of the Town charged with the enforcement of this chapter may take an appeal to the Zoning Board of Appeals. 270:136.1 01-15-2007 Chapter DL DISPOSITION LIST §DL-1.Disposition of legislation. The following is a chronological listing of legislation of the Town of Ithaca adopted since the publication of the Code, indicating its inclusion in the Code or the reason for its exclusion. [Enabling legislation which is not general and permanent in nature is considered to be non-Code material (NCM).] Information regarding legislation which is not included in the Code nor on this list is available from the office of the Town Clerk. The last legislation reviewed for the original publication of the Code was L.L. No. 3-2004,adopted 2-9-2004. § DL-1. Disposition of legislation. Local Adoption Law No. Date Subject Disposition 3-8-2004 Operation of watercraft Ch. 254 3-8-2004 Stop signs amendment Ch. 250, Art. III 4-2004 3-15-2004 Zoning Map amendment NCM 4-12-2004 Parking amendment Ch. 250, Art. III 5-2004 5-10-2004 Fees amendment Chs. 125 and 153 6-2004 6-7-2004 Subdivision of land amendment Ch. 234 7-2004 7-12-2004 Adoption of Code Ch. 1, Art. I 8-2004 Zoning Map amendment NCM 9-2004 11-4-2004 Water rates amendment Ch. 261 10-2004 12-13-2004 Signs amendment Ch. 221 11-2004 12-13-2004 Special land use districts Ch. 271 amendment 1-2005 1-10-2005 Parking; stop and yield Ch. 250, Art. lII intersections amendment 2-2005 4-11-2005 Public Works Department Ch. 59 3-2005 4-11-2005 Environmental quality review Ch. 148 4-2005 4-11-2005 Fees amendment Ch. 153 5-2005 5-9-2005 Zoning amendment Ch. 270 (telecommunications facilities) 6-2005 6-13-2005 Zoning: Special Land Use Ch. 271 Districts amendment 7-2005 8-1-2005 Zoning amendment (agricultural Ch. 270 activities) DL:1 01-15-2007 § DL-1 ITHACA CODE § DL-1 Local Adoption Law No. Date Subject Disposition 8-2005 9-12-2005 Zoning amendment (South Hill Chs. 270; 271 Business Campus) 9-2005 10-17-2005 Fees amendment Chs. 125; 153 1-2006 1-9-2006 Zoning amendment Ch. 270 2-2006 1-9-2006 Zoning Map amendment NCM 3-2006 2-13-2006 Taxation: historic barn exemption Ch. 239, Art. VI 4-2006 2-13-2006 Taxation: exemption for Ch. 239, Art. VI improvements to property made pursuant to Americans with Disabilities Act 5-2006 3-13-2006 Streets and sidewalks: Hanshaw Ch. 230, Art. III Road Walkway 6-2006 3-13-2006 Citizen and staff advisory Ch. 18 committees 7-2006 4-10-2006 Zoning Map amendment NCM 8-2006 5-8-2006 Noise Ch. 184 9-2006 6-12-2006 Zoning amendment Ch. 270 10-2006 9-11-2006 Stormwater management Ch. 228 11-2006 10-16-2006 Zoning amendment (solar Ch. 270 collectors and installations) 12-2006 10-16-2006 Outdoor lighting; signs Chs. 173, 221 and 270 amendment; zoning amendment 13-2006 11-13-2006 Notification of information Ch. 51 security breaches 14-2006 11-13-2006 Zoning amendment Ch. 270 DL:2 01-15-2007 GENERAL CODE INSTRUCTIONS Town of Ithaca Code Supplement No. 10 The enclosed new and/or replacement pages should be placed in your Code volume immedi- ately! The dateline, on the bottom of the page, does not indicate the adoption date of the Code changes,but rather identifies the pages printed with this supplement. This instruction page should be placed in the front of your Code volume. REMOVE INSERT 9:1 –9:2 9:1 –9:2 125:1 – 125:16 125:1 – 125:19 153:3–153:4 153:3– 153:4 239:1 –239:8 239:1 –239:8 270:1 –270:6 270:1 –270:6 270:13–270:16 270:13–270:16 270:16.1 — 270:24.1 270:24.1 270:33–270:36 270:33–270:36 270:39–270:42 270:39–270:42 270:42.1 270:47–270:50 270:47–270:50 270:53–270:54 270:53–270:54 270:54.1 270:57–270:60 270:57–270:60 270:60.1 270:63–270:68 270:63–270:68 270:81 –270:82 270:81 –270:82 270:85–270:86 270:85–270:86 270:86.1 270:126.5–270:126.6 270:126.5–270:126.7 270:133–270:138 270:133–270:137 DL:I –DL:2 DL:1 –DL:2 Index Pages I –23 Index Pages I –23 Legislation,by number or date of adoption, included in this supplement: L.L.Nos. 15-2006; 16- 2006; 17-2006; 18-2006; 1-2007;2-2007; 3-2007;4-2007. 06-15-2007 Chapter 9 APPEARANCE TICKETS §9-1.Purpose. §9-2. Authorization to serve appearance tickets. [HISTORY: Adopted by the Town Board of the Town of Ithaca 3-12-1979 by L.L. No. 1-1979. Amendments noted where applicable.] GENERAL REFERENCES Dog control—See Ch.112,Art.1. Signs—See Ch.221. Building construction and fire prevention—See Ch.125. Sprinkler systems—See Ch.225. Unsafe buildings—See Ch.129. Subdivision of land—See Ch.234. Property maintenance—See Ch.205. Zoning—See Ch.270. § 9-1. Purpose. The purpose of this chapter is to authorize public servants of the Town of Ithaca to issue and serve appearance tickets in accordance with provisions of Chapter 495 of the Laws of 1978, in connection with violations of state statutes, codes, rules and regulations and local laws, ordinances, or rules and regulations of the Town of Ithaca which the public servants are authorized or required to enforce. § 9-2. Authorization to serve appearance tickets. A. Whenever any public servant of the Town of Ithaca who, by virtue of office, title or position is authorized or required to enforce any state statute, code, rule and regulation, or local law, ordinance, rule or regulation related to parking, licensing of occupations or businesses, fire prevention and safety, health sanitation, and building, zoning and planning, such public servant shall be authorized to issue appearance tickets in connection with such enforcement. B. Without limiting the foregoing, the public servants filling the following offices, titles or positions shall be authorized to enforce any state statutes, codes, rules and regulations, or local laws, ordinances, and rules or regulations within their area of authority as listed below: [Amended 12-29-2006 by L.L. No. 18-20061 Title Area of Enforcement Code Enforcement Officer Codes relating to buildings, zoning, planning, environmental control, fire prevention and safety Dog Warden Enforcement of dog laws, control and regulation of dogs, including but not limited to the licensing of dogs and collection of fees 9:1 06-15-2007 § 9-2 ITHACA CODE § 9-2 Title Area of Enforcement Town Clerk The licensing of dogs and collection of fees for such licensing; the licensing of occupations or businesses Town Engineer Health and sanitation, including construction, operation and maintenance of sewer and water lines Chief Operating Officer, Health and sanitation, including construction, Southern Cayuga Lake operation and maintenance of water lines Intermunicipal Water Commission 1. Editor's Note:Amended at time of adoption of Code(see Ch.1,General Provisions,Art.I). 9:2 06-15-2007 Chapter 125 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-1. Scope. § 125-10. Notification regarding fire or § 125-2. Administration. explosion. § 125-3. Rules and regulations. § 125-11. Complaints. § 125-4. Building permits. § 125-12. Violations. § 125-5. Construction inspections. § 125-13. Penalties for offenses. § 125-6. Stop-work orders. § 125-14. Records. § 125-7. Certificates of occupancy. § 125-15. Removal of dangerous buildings or structures. § 125-8. Operating permits. § 125-16. Variance and review. § 125-9. Firesafety and property maintenance inspections. [HISTORY: Adopted by the Town Board of the Town of Ithaca 12-29-2006 by L.L. No. 15-2006.1 Amendments noted where applicable.] GENERAL REFERENCES Appearance tickets—See Ch.9. Signs—See Ch.221. Unsafe buildings—See Ch.129. Streets and sidewalks—See Ch.230. Fees—See Ch.153. Subdivision of land—See Ch.234. Flood damage prevention—See Ch.157. Zoning—See Ch.270. Property maintenance—See Ch.205. § 125-1. Scope. This chapter shall provide the basic method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code (hereinafter referred to as the "Uniform Code") in the Town of Ithaca, and shall establish powers, duties, and responsibilities in connection therewith. § 125-2. Administration. The Code Enforcement Officers are hereby designated to administer and enforce the Uniform Code within the Town of Ithaca. The Town Board may also designate by resolution other individuals or entities to administer and enforce the Uniform Code, provided that such individuals and entities shall not have the power to issue building permits, certificates, orders and appearance tickets unless they are public officers. Any individuals or entities designated by the Town Board to administer and enforce the Uniform Code shall have qualifications comparable to those of an individual who has met the requirements of 19 NYCRR Part 434 1. This local law also repealed former Ch. 125,Building Construction and Fire Prevention,adopted 12-7-1981 by L.L. No.1-1981,as amended. 125:1 06-15-2007 § 125-2 ITHACA CODE § 125-4 (Minimum Standards for Code Enforcement Personnel in the State of New York), as amended, or any successor regulation. § 125-3. Rules and regulations. A. The Town Board may adopt rules and regulations for the administration and enforcement of the Uniform Code. Such rules and regulations shall not conflict with the Uniform Code, this chapter, or any other provision of law. B. The Town Board shall publish all rules and regulations at least 30 days prior to the effective date thereof in a newspaper of general circulation within the Town of Ithaca. § 125-4. Building permits. A. No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, repair, removal, or demolition of any building or structure (including signs, except as specified in Chapter 221, Signs, of the Code of the Town of Ithaca), nor install heating equipment, nor undertake any other work which must conform to the Uniform Code, without having applied for and obtained a building permit from a Code Enforcement Officer. Notwithstanding the foregoing, no building permit shall be required for: (1) Construction or installation of a one-story accessory building in an agricultural or residential district associated with one- or two-family dwellings or multiple single-family dwellings (townhouses), provided that such building: (a) Is used for a tool or storage shed, playhouse or other similar use; (b) Costs less than $3,000; (c) Is less than 12 feet in height and has a gross floor area that does not exceed 144 square feet; (d) Does not involve the installation or extension of electrical, plumbing, or heating systems; and (e) Does not include the installation of solid fuel-burning heating appliances and associated chimneys and flues. (2) Construction of parking spaces for one- or two-family dwellings or multiple single-family dwellings (townhouses); (3) Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses); (4) Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; 125:2 06-15-2007 § 125-4 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-4 (5) Installation of fences which are not part of an enclosure surrounding a swimming pool and which are not over six feet high above the natural grade; (6) Construction of retaining walls, unless such walls support a surcharge, impound Class I, II or IIIA liquids as defined in the Uniform Code, or are over six feet high above the natural grade; (7) Construction of temporary motion picture, television and theater stage sets and scenery; (8) Installation of window awnings that do not extend further than four feet beyond the exterior face of the exterior wall, measured horizontally, and that are supported by an exterior wall of a one-or two- family dwelling or multiple single-family dwellings (townhouses); (9) Installation of partitions or movable cases less than five feet nine inches in height; (10) Painting, wallpapering, tiling, carpeting, or other similar finish work; (11) Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; (12) Replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; and (13) Repairs, provided that such repairs do not involve: (a) The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component; (b) The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (c) The enlargement, alteration, replacement or relocation of any building system; (d) The removal from service of all or part of a fire-protection or fire-detection system for any period of time; and (e) In the case of buildings that are subject to site plan approval procedures, do not materially alter the exterior appearance of the building. B. An exemption from the requirement to obtain a permit shall not be deemed an authorization for work to be performed in violation of the Uniform Code and shall in no case relieve the property owner from compliance with other provisions of this chapter or of the Uniform Code, or any successor laws, ordinances, statutes or regulations. C. Applications for building permits may be obtained from the Code Enforcement Officer. (1) An application for a building permit shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with the requirements of the 125:3 06-15-2007 § 125-4 ITHACA CODE § 125-4 Uniform Code, this chapter, Chapter 270, Zoning, of the Code of the Town of Ithaca, and other applicable state and local laws, ordinances and regulation. All applications shall include the following information and documentation: (a) A description of the proposed work; (b) The Tax Map number and the street address; (c) The occupancy classification, as defined by the Uniform Code, of any affected building or structure; (d) Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; (e) At least two sets of construction documents (drawings and/or specifications) that define the scope of the proposed work; (f) The full name and address of the owner and applicant and, if either be a corporation, the names and addresses of responsible officers; (g) The estimated cost of the proposed work with appropriate substantiation as may be required by the Code Enforcement Officer; (h) The signature of the applicant or authorized agent; (i) The building permit fee as specified in Chapter 153, Fees, of the Code of the Town of Ithaca. (j) A statement that the work shall be performed in compliance with Chapter 270, Zoning, the Uniform Code, and other applicable state and local laws, ordinances, and regulations; and (k) Such other materials, information, or items as may be reasonably required by the Code Enforcement Officer in order to determine whether the proposed work will be in compliance with all applicable laws, rules, and regulations, including Chapter 270, Zoning, the Uniform Code, and this chapter. (2) Construction documents shall not be accepted as part of an application for a building permit unless such documents: (a) Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; (b) Indicate with sufficient clarity and detail the nature and extent of the work proposed; (c) Substantiate that the proposed work will comply with the Uniform Code and the State Energy Conservation Construction Code; and (d) Where applicable, include a site plan that shows any existing and proposed structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, the distances between the 125:4 06-15-2007 § 125-4 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-4 structures and the lot lines, and any other information required by Article XXIII of Chapter 270, Zoning, of the Code of the Town of Ithaca. (3) Applications for a building permit or for an amendment thereto shall be examined to ascertain whether the proposed construction is in substantial conformance with the requirements of the Uniform Code, Chapter 270, Zoning, and any other applicable laws, rules or regulations. Provisions shall be made for construction documents accepted as part of a permit application to be so marked in writing or by stamp. One set of accepted construction documents shall be retained by the Town. One set shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Officer. D. A permit will be issued when the Code Enforcement Officer determines the application is complete and the proposed work will conform to the requirements of the Uniform Code, Chapter 270, Zoning, and any other applicable laws, rules or regulations. The authority conferred by such permit may be limited by conditions, if any, contained therein. The permit shall require the applicant to notify the Code Enforcement Officer immediately of any changes in the information contained in the application during the period for which the permit is in effect, or of any changes occurring during construction. E. All work performed pursuant to such permit shall be in accordance with the information and representations made in the application for a permit, and with the accepted construction documents, and there shall be no deviations therefrom without the prior approval of the Code Enforcement Officer. Such approval may be withheld until sufficient information is provided to the Code Enforcement Officer in form and substance reasonably satisfactory to the Code Enforcement Officer to demonstrate that the proposed deviation is in compliance with the Uniform Code, Chapter 270, Zoning, this chapter, and all other applicable laws, rules and regulations. F. Building permits shall be required to be visibly displayed at the work site and to remain visible until the project has been completed. G. A building permit, once issued, may be suspended or revoked if the Code Enforcement Officer or other appropriate officer determines that the work to which it pertains is not proceeding in conformance with the application, with the Uniform Code, with Chapter 270, Zoning, with any other law, rule, regulation or ordinance, with any condition attached to such permit, or if information submitted in connection with the application for the permit was incorrect, inaccurate or incomplete. Such suspension or.revocation shall be in effect until such time as the permit holder demonstrates to the Code Enforcement Officer's satisfaction that all work completed and all work proposed shall be in compliance with these items and requirements, and in the case of a revoked permit, the holder of the revoked building permit applies for and receives a new building permit. H. A building permit shall expire one year from the date of issuance or upon the issuance of a certificate of occupancy (other than a temporary certificate of occupancy), whichever occurs first. The permit may, upon written request, be renewed for successive one-year periods provided that the permit has not been revoked or suspended at the time the application for renewal is made; the relevant information in the application is up-to-date; and a renewal fee is paid as specified in Chapter 153, Fees, of the Code of the Town of 125:5 06-15-2007 § 125-4 ITHACA CODE § 125-4 Ithaca. At the option of the Code Enforcement Officer, where the work disclosed by the application may reasonably be expected to take longer than one year, the Code Enforcement Officer may issue an initial building permit for a term of greater than one year, but in no event greater than three years, the term to be the length of time it would be reasonably anticipated to complete the work set forth in the application. I. Permits to construct a foundation, only in circumstances where it is contemplated that a building will be constructed on the foundation, may be issued in the discretion of the Code Enforcement Officer under the following circumstances and subject to the following limitations: (l) The circumstances under which foundation permits may be issued are as follows: (a) There has been supplied to the Code Enforcement Officer plans which, in the Code Enforcement Officer's judgment, are adequate for him to evaluate and review the proposed construction of the foundation. (b) The applicant provides information satisfactory to the Code Enforcement Officer, such as an engineer's or architect's certification, that the foundation will be adequate to carry the load of the proposed permanent structure. (c) The need for the foundation permit is established to the satisfaction of the Code Enforcement Officer (e.g., onset of adverse weather conditions, immediate availability of masons, proposed construction to be on a fast-track basis, or other reasonable basis for early issuance of a permit for only part of the building). (2) Issuance of a foundation permit is wholly discretionary with the Code Enforcement Officer and the applicant shall have no right to the issuance of same. (3) In addition to the conditions on such permits imposed by this chapter, the Code Enforcement Officer may impose such conditions on the issuance of such permits as the Code Enforcement Officer may reasonably require to protect the health, safety and welfare of the public, including the persons that may be in or around the proposed foundation. Such conditions may also include the requirement that the applicant post security in the form of a bond, cash, or letter of credit with the Town, with the designation of form of security left to the Town's discretion, to assure that the foundation will be removed if a building permit for the entire building is not issued within a stated period of time, such security to be available to the Town to enable the Town to restore the premises to their condition prior to the construction of the foundation for which the permit was issued. (4) The issuance of any foundation permit by the Code Enforcement Officer may be revoked by the Town Board if, in its discretion, the Town Board determines the issuance of the foundation permit was inappropriate. (5) Issuance of a foundation permit does not relieve the applicant from fulfilling any and all requirements for the issuance of a full building permit for the proposed construction. 125:6 06-15-2007 § 125-4 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-5 (6) Issuance of a foundation permit shall not be construed to be a determination that a building permit will be automatically issued for the balance of the structure. (7) Foundation permits may be revoked at any time by the Code Enforcement Officer if the Code Enforcement Officer in his discretion: (a) Determines that the foundation will not be adequate to support the balance of the structure; (b) Determines the applicant is not taking proper precautions to prevent endangering life, health, property, or the public welfare in the course of constructing the foundation; (c) Determines, in his judgment, that the applicant is not proceeding diligently and properly to provide complete and adequate plans for the issuance of a full building permit; (d) Becomes aware of information not previously submitted or available that makes issuance of a foundation permit inappropriate or inadvisable; (e) Determines the existence of any other circumstance which reasonably requires the revocation of the permit. (8) If a building permit for the remainder of the building has not been issued within six months of the date of the foundation permit, the foundation permit automatically expires. However, the Code Enforcement Officer may renew the permit for one or more successive periods of not more than six months per application upon payment of a fee calculated as if each application were an application for the original issuance of such a permit. (9) Upon the revocation or the expiration of a foundation permit without a renewed foundation permit or a building permit for the balance of the building having been issued, the foundation constructed pursuant to the foundation permit must be removed and the ground restored by the owner to substantially the condition it was prior to the commencement of any excavation and construction. (10) The fee for the issuance of a foundation permit shall be as specified in Chapter 153, Fees, of the Code of the Town of Ithaca. § 125-5. Construction inspections. A. Permitted work shall be required to remain accessible and exposed until inspected by the Town or its designee and accepted by the Code Enforcement Officer. Permit holders shall be required to notify the Code Enforcement Officer when construction work is ready for inspection. B. Provisions shall be made for inspection of the following elements of the construction process, where applicable: 125:7 06-15-2007 § 125-5 ITHACA CODE § 125-5 (1) Work site prior to the issuance of a permit; (2) Footing and foundation; (3) Preparation for concrete slab; (4) Framing; (5) Building systems, including underground and rough-in; (6) Fire-resistant construction; (7) Fire-resistant penetrations; (8) Solid fuel-burning heating appliances, chimneys, flues or gas vents; (9) Energy code compliance; and (10) A final inspection after all work authorized by the building permit has been completed. C. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code. Construction work not in compliance with Uniform Code provisions shall be required to remain exposed until it has been brought into compliance with the Uniform Code, been reinspected, and been found satisfactory as completed. D. To facilitate such inspection and to ensure compliance with appropriate Zoning and Uniform Code requirements, the Code Enforcement Officer may require submission at the appropriate stage of documentation to substantiate such compliance including, without limitation, the following items: (1) As-built survey maps by a licensed surveyor showing the location of the foundation relative to property boundary lines and dimensions of the structure; (2) Appropriate certifications from an engineer relative to water, sewage, structural integrity, and such other items as the Code Enforcement Officer may deem reasonably appropriate certifying that the stated items are in accordance with all applicable laws, rules and regulations; (3) Certificates from appropriate electrical inspection agencies such as New York Board of Fire Underwriters certifying that the electrical work is in compliance with all applicable laws, codes, rules and regulations. E. The Code Enforcement Officer or other person designated by the Town Board pursuant to § 125-2 shall have the power to order, in writing, the remedying of any condition found to exist in, on, or about any building, structure or premises in violation of the Uniform Code, Chapter 270, Zoning, or any other applicable law, rule or regulation, and shall have the authority to state the time period within which such condition must be remedied. Such orders may be served upon the owner or his authorized agent personally or by registered or certified mail sent to the address set forth in the application for any permit submitted to the Town of Ithaca or to the owner's or agent's last known address. If 125:8 06-15-2007 § 125-5 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-6 such condition is not remedied within the time set forth, among any other remedies that may be available to the Town of Ithaca, the Code Enforcement Officer or other person lawfully designated by the Town Board may revoke the building permit for such construction and no further construction shall occur until a new permit has been issued as specified in § 1254G. F. The Code Enforcement Officer or other person lawfully designated by the Town Board shall have the right of entry, at all reasonable hours, to any building, structure, or site where work or activity is contemplated or being done under the provisions of this chapter, or to any building or site alleged to be unsafe to life or health, upon the exhibition of proper evidence of their position at or authorization from the Town. Interference with such authorized entry in an official capacity shall be punishable as a violation of this chapter. § 125-6. Stop-work orders. A. Authority to issue. The Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Code Enforcement Officer shall issue a stop-work order to halt: (1) Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or State Energy Conservation Construction Code, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or (2) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or (3) Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked. B. Content of stop-work orders. Stop-work orders shall be in writing, be dated and signed by the Code Enforcement Officer, state the reason or reasons for issuance, and if applicable, state the conditions which must be satisfied before work will be permitted to resume. C. Service of stop-work orders. The Code Enforcement Officer shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the building permit holder, on the building permit holder) personally or by certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order. 125:9 06-15-2007 § 125-6 ITHACA CODE § 125-7 D. Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the building permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order. E. Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 125-13 or other sections of this chapter or under any other applicable local law or State law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order. § 125-7. Certificates of occupancy. A. A certificate of occupancy shall be required for all work for which a building permit is required to be issued under this chapter, any other Code provision, local law, ordinance, rule or regulation of the Town of Ithaca, or the Uniform Code or any successor statute or regulation. Further, a certificate of occupancy shall be required for all buildings, structures, or portions thereof, which are converted from one general use or occupancy classification or subclassification, as defined by the Uniform Code, to another. The following requirements shall also apply: (1) Except as set forth below in Subsection B, a building or structure for which a building permit is required to be issued shall not be used or occupied in whole or in part until the certificate of occupancy shall have been issued by the Code Enforcement Officer or such other person lawfully designated by the Town of Ithaca. The Code Enforcement Officer or designee shall inspect the building, structure or work prior to the issuance of a certificate of occupancy. In addition, where applicable, a written statement of structural observations and/or a final report of special inspections, and flood hazard certifications, prepared at the expense of the applicant in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or are otherwise acceptable to the Code Enforcement Officer, must be received by the Code Enforcement Officer prior to the issuance of the certificate. Such certificate of occupancy shall be issued when, after final inspection, it is determined that the construction and other work has been. completed in compliance with the Uniform Code, Chapter 270, Zoning, and other applicable laws, rules and regulations. (2) A certificate of occupancy shall contain the following information: (a) The building permit number, if any; (b) The date of issuance of the permit, if any; (c) The name, address and Tax Map number of the property; (d) If the certificate is not applicable to an entire structure, a description of that portion of the structure for which the certificate is issued; 125:10 06-15-2007 § 125-7 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-7 (e) The use and occupancy classification of the structure; (f) The type of construction of the structure; (g) The assembly occupant load of the structure, if any; (h) If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required; (i) Any special conditions imposed in connection with the issuance of the building permit; and (j) The signature of the official issuing the certificate and the date of issuance. (3) The fees for certificates of occupancy are set forth in Chapter 153, Fees, of the Code of the Town of Ithaca. The applicable fee shall be paid before a certificate of occupancy is issued. B. Upon request, the Code Enforcement Officer may issue a temporary certificate of occupancy for a building or structure, or part thereof, pending completion of the work and before the entire work covered by a building permit has been completed, only if the structure or portions thereof may be occupied safely, any installed fire- and smoke-detecting or fire protection equipment is operational, all required means of egress from the structure have been provided, and the conditions set forth below are met. (1) Before issuing a temporary certificate of occupancy the Code Enforcement Officer must find: (a) The portion or portions of the work for which the certificate is sought may be used or occupied temporarily without endangering life, property or the public welfare; and (b) Practical difficulties exist in completing the building, structure or site improvements to the point where the building, structure or site improvements would qualify for a permanent certificate of occupancy because of: [1] Construction delays resulting from: [a] Unfavorable and unusually difficult weather conditions; or [b] Inability to timely obtain materials; or [c] Other conditions found by the Code Enforcement Officer to warrant early occupancy. [2] The need to occupy the premises before a building qualifies for a permanent certificate of occupancy is related to the normal seasonal occupancy dates (e.g., late August when the community has the normal influx of university-related residents); or [3] Any other reason found by the Code Enforcement Officer to be appropriate for the issuance of such temporary certificate. 125:11 06-15-2007 § 125-7 ITHACA CODE § 125-7 (2) The granting of a temporary certificate of occupancy is solely within the discretion of the Code Enforcement Officer and no applicant shall have a right to same. (3) In addition to the conditions on such certificates imposed by this chapter, the Code Enforcement Officer may impose such conditions on the issuance of such certificates as the Code Enforcement Officer may reasonably require to protect the health, safety and welfare of the public, including the persons that may be in or around the building or structure being partially occupied. Such conditions may also include the requirement that the applicant post security in the form of a bond, cash, or letter of credit with the Town, with the designation of form of security left to the Town's discretion, to assure that the building or structure for which a temporary certificate of occupancy is sought will be fully completed and qualify for a permanent certificate of occupancy for the entire building within a stated period of time, or will be vacated if no such certificate is obtained within such period of time, such security to be available to the Town to enable the Town to bring an action to enjoin continued occupancy in the absence of a permanent certificate and to take such other steps as may be reasonably necessary or appropriate to protect the public health and welfare. (4) If the Town Board, in its discretion, deems the granting of the temporary certificate of occupancy inappropriate, the Town Board may overrule the Code Enforcement Officer, in which event the temporary certificate shall terminate 30 days after its issuance or 15 days after the decision overruling the Code Enforcement Officer, whichever is later. (5) The issuance of a temporary certificate of occupancy does not relieve the applicant from fulfilling any and all requirements not yet completed at the date of the issuance of the temporary certificate of occupancy. (6) Issuance of a temporary certificate of occupancy is not to be construed as a determination that a final certificate of occupancy will be automatically issued. (7) In addition to the Town Board's privilege of revoking the temporary certificate of occupancy, it may also be revoked by the Code Enforcement Officer at any time under one or more of the following circumstances: (a) The Code Enforcement Officer becomes aware of a condition which presently endangers, or in the future may endanger, life, health, property, or the public welfare, including the health or welfare of any persons in or around the premises subject to the temporary certificate. (b) The Code Enforcement Officer determines in his judgment that the applicant is not proceeding diligently and properly to complete whatever work remains in order to obtain a permanent certificate of occupancy. (c) The Code Enforcement Officer becomes aware of information not previously submitted or available that makes issuance of a temporary certificate of occupancy reasonably inappropriate or inadvisable. 125:12 06-15-2007 § 125-7 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-7 (d) The Code Enforcement Officer determines the existence of any other circumstance which reasonably requires the revocation of the certificate. (8) The temporary certificate of occupancy shall be issued for such period as the Code Enforcement Officer may elect, but not in any event to exceed six months, except as provided below. However, the Code Enforcement Officer may renew the certificate for one or more successive periods of not more than six months per application upon payment of a fee calculated as if each application were an application for the original issuance of such a temporary certificate. (9) Discretionary actions. (a) Notwithstanding the foregoing provisions of Subsection B(8) above, however, the Town Board may, after public hearing on at least five days' notice upon the application of the property owner, authorize the Code Enforcement Officer: [1] To issue a temporary certificate of occupancy for a period greater than six months if the Board finds: [a] It is likely the conditions which require the issuance of a temporary certificate of occupancy will extend for a period in excess of six months; and [b] Denial of an extended period for the certificate would create a significant hardship to the applicant; and [c] It is reasonably anticipated that the applicant can complete the project and obtain a permanent certificate no later than the expiration date of the extended period; and [d] The life of the temporary certificate, including any extended period, is not greater than three years; and [e] All other conditions for the issuance of a temporary certificate of occupancy set forth in this § 125-713 have been met. [2] To reduce or waive the fee charged for a temporary certificate of occupancy if the Board finds: [a] The fee for the original building permit was sufficiently large to cover the costs to the Town, including Code Enforcement Officer inspection time and review time, of processing, reviewing and overseeing the issuance and implementation of the original building permit, the final certificate of occupancy, and any temporary occupancy certificates including the one for which a reduction in fee is requested; and [b] The payment of the fee as normally determined hereunder would be a significant financial hardship to the applicant; and 125:13 06- 15-2007 § 125-7 ITHACA CODE § 125-8 [c] The need for the temporary certificate of occupancy was not created by the lack of diligence of the applicant in prosecuting the work of the project to completion; and [d] The reduction in fee is the minimum necessary to alleviate the hardship to the applicant and still cover the costs to the Town referred to above; and [e] All other conditions for the issuance of a temporary certificate of occupancy set forth in this § 125-713 have been met. (b) The Town Board, in granting an application for a longer temporary certificate of occupancy or a reduction in fee may impose such reasonable conditions as it deems appropriate under the circumstances pertaining. (10) A temporary certificate of occupancy can also be granted by the Code Enforcement Officer in those circumstances not involving new construction where a violation of Chapter 270, Zoning, or other rule or regulation becomes apparent to the Code Enforcement Officer, the owner or other person in possession is taking action (either by construction or by application for an appropriate variance) to correct the violation, and the issuance of the temporary certificate of occupancy will not endanger life, health, property, or the public welfare. The issuance of a temporary certificate of occupancy under these circumstances and the right to revoke same are governed by the same provisions relating to the issuance of a temporary certificate of occupancy based upon construction pursuant to a building permit. (11) The fee for the issuance of a temporary certificate of occupancy shall be as specified in Chapter 153, Fees, of the Code of the Town of Ithaca. C. A certificate of occupancy may be issued for any building or individual dwelling unit at any other time after inspection thereof by request, determination of compliance and payment of the fees set forth in Chapter 153, Fees, of the Code of the Town of Ithaca. D. Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate of occupancy was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate. § 125-8. Operating permits. A. No person, firm, corporation, association, or other organization or entity shall conduct the activities or use or occupy any of the facilities listed below unless the owner or authorized agent of the owner has applied for and has, after inspection as set forth in Subsection C of this section and § 125-9 below, obtained an operating permit: (1) Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4), of the Fire Code of New York State (see 10 NYCRR Part 1225). 125:14 06-15-2007 § 125-8 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-8 (2) Hazardous processes and activities, including but not limited to commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling. (3) Use of pyrotechnic devices in assembly occupancies. (4) Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more. (5) Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the Code Enforcement Officer. (6) Multiple residences involving buildings containing three or more dwelling units. (7) Health care facilities where more than 10 people normally sleep nightly, including hospitals, nursing homes, infirmaries, and sanitariums. (8) Child and adult day-care centers and facilities as defined in Chapter 270, Zoning, of the Code of the Town of Ithaca. (9) Dormitories providing accommodations for sleeping for hire for more than four people. (10) Motels or hotels providing sleeping accommodations for hire for more than four people. B. Any individual or entity who proposes to undertake the types of activities or operate the types of facilities listed in Subsection A of this section shall be required to obtain an operating permit from the Town prior to commencing such operation. An application for an operating permit shall be on a Town-provided form and shall contain sufficient information to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. Tests or reports that the Code Enforcement Officer determines are necessary to verify conformance shall be required at the expense of the applicant and shall be conducted by such persons as may be designated by or are otherwise acceptable to the Code Enforcement Officer. C. The Code Enforcement Officer shall inspect the subject premises prior to the issuance of an operating permit. D. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities. E. An operating permit shall be valid for a period of three years from its date of issuance, unless earlier revoked or suspended. F. The operating permit shall be displayed on the property or premises covered by the operating permit. 125:15 06-15-2007 § 125-8 ITHACA CODE § 125-9 G. Revocation of operating permits. Operating permits may be suspended or revoked when it is determined that there is a violation of a condition under which the permit was issued, if information submitted in connection with the permit application or with a condition of the permit was incorrect, inaccurate, or incomplete, where activities do not comply with applicable provisions of the Uniform Code, or where there is a violation of applicable law under which the operating permit was issued which would have precluded issuance of the permit had such violation been in existence at the date of issuance of the permit. § 125-9. Firesafety and property maintenance inspections. A. The Code Enforcement Officer shall conduct firesafety and property maintenance inspections of areas of public assembly, as defined in the Uniform Code, at least once per year. Such inspections may be made at any reasonable time. B. The Code Enforcement Officer shall conduct firesafety and property maintenance inspections of all multiple dwellings and all nonresidential occupancies at least once every three years, except inspections shall occur at least once every year for all health care facilities where more than 10 people normally sleep nightly (including hospitals, nursing homes, infirmaries, and sanitariums), all child and adult day-care centers and facilities, as defined in Chapter 270, Zoning, of the Code of the Town of Ithaca, and all dormitory buildings, regardless of the number sleeping accommodations. Such inspections may be made at any reasonable time. Upon completion of the inspection if the Code Enforcement Officer is satisfied that the buildings so inspected are in compliance with the Uniform Code, Chapter 270, Zoning, and other laws of the Town of Ithaca relating to the safety of buildings, the Code Enforcement Officer shall issue an operating permit, where one is required by § 125-8, upon payment of the applicable fees for the inspection and the permit. C. An inspection of a building or dwelling unit may be performed at any other time upon a request of the owner or authorized agent; or receipt of reasonable and reliable information that a violation of the Uniform Code, this chapter, Chapter 270, Zoning, or other law, rule or regulation exists. D. If entrance to make an inspection is refused or cannot be obtained, the Code Enforcement Officer or his designee may apply to any court of competent jurisdiction for a warrant to make an inspection and upon receipt of same shall have the right to make such inspections as are set forth above in this chapter. E. Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of any federal, state or local agency. No inspection by any federal, state or local agency shall supersede, limit or impair the powers, duties and responsibilities of the Town. 125:16 06-15-2007 § 125-10 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-12 § 125-10. Notification regarding fire or explosion. The chief of any fire department providing fire-fighting services for a property within the Town shall notify the Code Enforcement Officer by the next business day of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent. § 125-11. Complaints. A. The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with this chapter, Chapter 270, Zoning, of the Code of the Town of Ithaca, the Uniform Code, the New York State Energy Conservation Construction Code, or any other local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the New York State Energy Conservation Construction Code. B. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate: (1) Performing an inspection of the conditions and/or activities alleged to be in violation and documenting the results of such inspection. (2) If a violation is found to exist, providing the owner of the affected property and any other person or entity who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding as described in § 125-12, Violations, and § 125-13, Penalties for offenses, of this chapter. (3) If appropriate, issuing a stop-work order. (4) If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. § 125-12. Violations. A. A person owning, operating, occupying or maintaining property or premises within the scope of the Uniform Code or this chapter shall comply with all provisions of the Uniform Code, this chapter, and all orders, notices, rules, regulations or determinations issued in connection therewith. B. Whenever the Code Enforcement Officer finds that there has been a violation of the Uniform Code, this chapter, or any rule or regulation adopted pursuant to this chapter, a violation order may be issued to the person or persons responsible. C. Violation orders shall be in writing, shall identify the property or premises, shall specify the violation and remedial action to be taken, shall provide a reasonable time limit for compliance, and shall state the time within which an appeal may be taken. 125:17 06-15-2007 § 125-12 ITHACA CODE § 125-15 D. Violation orders may be served by personal service, by mailing by registered or certified mail sent to the address set forth in the application for any permit submitted to the Town or to the property address, or by posting a copy thereof on the premises that are the subject of the notice of violation and mailing a copy on the same day as posted, enclosed in a prepaid wrapper, addressed to the last known address of the owner as set forth in the Town of Ithaca records, or if none, in the most recent tax roll available to the Town of Ithaca. E. In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, a request to take appropriate legal action shall be made to the Attorney for the Town of Ithaca. § 125-13. Penalties for offenses. A. Failure to comply with any provision of the Uniform Code, this chapter, rules or regulations adopted pursuant to this chapter, or a violation order shall be deemed a violation and the violator shall be liable for a fine of not less than $100, or imprisonment not to exceed 30 days, or both, and each day such violation continues shall constitute a separate violation. The Code Enforcement Officer is hereby authorized to issue an appearance ticket for any violation of this chapter pursuant to Chapter 9, Appearance Tickets, of the Code of the Town of Ithaca. B. An action or proceeding in the name of the Town of Ithaca may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the Uniform Code, this chapter, rule or regulation adopted pursuant to this chapter, or a violation order, or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law. § 125-14. Records. The Town Building and Zoning Department and Town Clerk shall keep official records of all permits, inspection reports, recommendations, complaints, violation orders and fees charged and collected pursuant to this chapter, in compliance with the applicable record-retention requirements of the New York State Archives and Records Administration. § 125-15. Removal of dangerous buildings or structures. A. A building or structure, or part thereof, which is an imminent danger to life and safety of the public as a result of a fire or explosion or unsafe equipment is hereby declared to be a public nuisance. B. Whenever the Code Enforcement Officer finds a building or structure, or part thereof, to be an imminent danger to life and safety of the public as a result of a fire or explosion or unsafe equipment, the Code Enforcement Officer may cause it to be demolished and removed or may cause work to be done in and about the building, structure or equipment as may be necessary to remove the danger. 125:18 06-15-2007 § 125-15 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-16 C. The Code Enforcement Officer may require the occupants of any such building or structure, or part thereof, to vacate the premises forthwith. No person shall use or occupy such building or structure, or part thereof, until it is made safe. D. Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections, repairs, or to demolish and remove such building, structure or equipment, or part thereof. E. All costs and expenses incurred by the Town of Ithaca in connection with any work done to remove the danger, or in connection with the demolition and removal of any such building, structure or equipment, shall be assessed against the land on which such building or structure is located, and a bill for such costs and expenses shall be presented to the owner of the property, or if the owner cannot be ascertained, then such bill shall be posted in a conspicuous place on the premises. If the owner shall fail to pay for such costs and expenses within 10 days after the bill is presented or posted, then such unpaid costs, expenses and interest accruing at the rate of 9% per annum from the date of the Town's work shall constitute a lien upon such land. A legal action or proceeding may be brought to collect such costs, expenses, interest and recoverable attorney's fees, or to foreclose such lien. As an alternative to the maintenance of any such action, the Code Enforcement Officer may file a certificate of the actual costs and expenses incurred and interest accruing as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred, and the owner thereof with the Tompkins County Department of Assessment, who shall in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. § 125-16. Variance and review. A. A request for a variance from the requirements of Chapter 270, Zoning, shall be processed in accordance with the provisions of Chapter 270, Zoning. B. A request for a variance from the provisions of the Uniform Code and an appeal to review determination of or failure to render a determination by the Code Enforcement Officer based upon the Uniform Code shall be processed with the appropriate Board of Review as provided in Title 19 of the New York Official Compilation of Codes, Rules and Regulations, Part 1205, or any successor rules, regulations or statutes. Where proposed construction, alteration, use or other work related to a building, structure or equipment would be in violation of any provision of the Uniform Code or any successor statute, no building permit shall be issued except pursuant to written order of the appropriate Board of Review. 125:19 06-15-2007 § 153-4 FEES § 153-6 etc.) and maps (larger than 11 inches by 17 inches) upon payment of the actual costs of copying. C. Postage. If the requestor requests that copies of documents be mailed to the requestor there shall be added to the costs of copying the actual postage costs for documents heavier than one ounce (up to one ounce free). This provision for reimbursement of postage costs shall in no way obligate the Town to mail any documents. Such mailing shall be in the sole discretion of the Clerk. D. Certification. The Town Clerk shall, upon request, certify that a copy of a document or record prepared pursuant to the provisions of the preceding subsections is a true copy. E. Receipts. The Clerk or any other person at the Town receiving funds pursuant to any of the foregoing subsections shall give to the payor a receipt for the amount paid and maintain duplicate copies of such receipts for the Town records. § 153-5. Town Clerk: miscellaneous fees. The following additional fee is established in the Town of Ithaca: A. Checks returned: $15 per check. § 153-6. Building and foundation permit fees. A. Building permit fees shall be computed on the basis of the value of the improvement to be constructed as follows: Value of Improvement Fee $1 to $2,500.99 $25 $2,501 to $5,000.99 $35 $5,001 to $10,000.99 $45 $10,001 to $20,000.99 $60 $20,001 to $30,000.99 $70 $30,001 to $50,000.99 $100 $50,001 to $100,000.99 $200 $100,001 to $150,000.99 $350 $150,001 to $250,000.99 $550 $250,001 to $350,000.99 $700 $350,001 to $500,000.99 $850 $500,001 to $750,000.99 $1,000 $750,001 to $1,000,000.99 $1,500 $1,000,001 to $2,500,000.99 $2,000 $2,500,001 to $5,000,000.99 $4,000 $5,000,001 to $10,000,000.99 $6,000 153:3 06-15-2007 § 153-6 ITHACA CODE § 153-8 Value of Improvement Fee $10,000,001 to $20,000,000.99 $8,000 Over $20,000,000.99 $.50 for each $1,000 of improvement value; minimum fee $10,000 B. The renewal fee for a building permit shall be the greater of $50 or 25% of the original building permit fee. C. The fee for the issuance of a foundation permit shall be the greater of $100 or 25% of the building permit fee, calculated on the estimated full value of the entire building. The fee is not refundable and is not credited against the fee for the building permit for the entire building. § 153-7. Certificates of occupancy. A. The fee for the issuance of a temporary certificate of occupancy related to a building permit shall be the greater of $25 or 50% of the building permit fee, unless reduced or waived pursuant to § 125-713(a) of the Code of the Town of Ithaca. [Amended 10-17-2005 by L.L. No. 9-2005; 12-29-2006 by L.L. No. 17-20061 B. The fee for the issuance of a certificate of occupancy for an existing building shall be $100. C. There shall be no additional fee for the issuance of a final certificate of occupancy related to a building permit. § 153-8. Operating permits and certain inspections. A. The fees for the issuance of an operating permit required pursuant to Chapter 125, Building Construction and Fire Prevention, as the same has been subsequently amended, shall be as follows: (1) Fees for uses other than multiple residences: $100 per building. (2) Fees for multiple residences shall be as follows: (a) Three to five dwelling units in each building: $50 per building. (b) Six to 10 dwelling units per building: $100 per building. (c) Eleven dwelling units or more per building: $150 per building. B. The fees for other inspections by the Building Inspector and Zoning Enforcement Officer required by state law or other regulation, such as required annual inspections of areas of public assembly (firesafety), shall be $50, plus $30 per hour after the first hour for the time the Inspector spent traveling to make the inspection, making the inspection, and preparing any related documentation and certifications relating to such inspection. The fee for a reinspection shall be $50, plus $30 per hour after the first hour. 153:4 06-15-2007 Chapter 239 TAXATION ARTICLE I §239-12. Grant of exemption; conditions. Senior Citizens Exemption §239-13. Application for exemption. §239-1. Statutory authority. §239-14. Penalties for offenses. §239-2. Grant of exemption. §239-15. When effective. §239-3. Application for exemption. ARTICLE V §239-4. Penalties for offenses. Exemption for Improvements to Property §239-5. When effective. Made Pursuant to Americans with Disabilities Act ARTICLE II Alternative Veterans Exemption §239-16. Statutory authority. §239-17. Grant of exemption; conditions. §239-6. Repeal of opt-out. §239-18. Application for exemption. §239-7. Maximum exemption granted. §239-19. Applicability. ARTICLE III ARTICLE VI Business Investment Exemption Historic Barn Exemption §239-8. Reduction in exemption. §239-20. Statutory authority. §239-9. Effect on current projects. §239-21. Grant of exemption; conditions. §239-10. When effective. §239-22. Application for exemption. ARTICLE IV §239-23. Applicability. Exemption for Certain Disabled Persons With Limited Incomes §239-11. Statutory authority. [HISTORY: Adopted by the Town Board of the Town of Ithaca as,indicated in article histories. Amendments noted where applicable.] ARTICLE I Senior Citizens Exemption [Adopted 3-8-1971 by L.L. No. 1-1971; last amended 2-12-2007 by L.L. No. 3-20071 § 239-1. Statutory authority. This article is enacted pursuant to §467 of the Real Property Tax Law of the State of New York as amended through Chapter 186 of the Laws of 2006. 239:1 06- 15-20M § 239-2 ITHACA CODE § 239-4 §239-2. Grant of exemption. A. Pursuant to the provisions of §467 of the Real Property Tax Law of the State of New York, real property located in the Town of Ithaca, owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife or by siblings, one of whom is 65 years of age or over, shall be partially exempt from taxation by said Town for the applicable taxes specified in said §467 based upon the income of the owner or combined incomes of the owners. Such partial exemption shall be to the extent set forth in the schedule following: Annual Income of Owner or Combined Annual Percentage Assessed Valuation Income of Owners Exempt From Taxation Up to and including $26,000 50% More than $26,000 but less than $27,000 45% $27,000 or more but less than $28,000 40% $28,000 or more but less than $29,000 35% $29,000 or more but less than $29,900 30% $29,900 or more but less than $30,800 , 25% $30,800 or more but less than $31,700 20% $31,700 or more but less than $32,600 15% $32,600 or more but less than $33,500 10% $33,500 or more but less than $34,400 5% B. This partial exemption provided by this article shall, however, be limited to such property and persons as meet the conditions, qualification, exclusions and limitations set forth in §467 of the Real Property Tax Law of the State of New York. This article shall be administered in accordance with said section of the Real Property Tax Law as now adopted and as it may be amended from time to time, and the provisions of said section shall be applicable to the effectuation of the exemption provided for in this article. §239-3. Application for exemption. Application for such exemption must be made by the owner, or all of the owners of the property on forms prescribed by the State Board of Real Property Services of the State of New York (or any successor agency) to be furnished by the appropriate assessing authority and shall furnish the information and be executed in the manner required or prescribed in such forms, and shall be filed in the Tompkins County Assessment office on or before the appropriate taxable status date. §239-4. Penalties for offenses. Any conviction of having made any willful false statement of the application for such exemption shall be punishable by a fine of not more than $100 and shall disqualify the applicant or applicants from further exemption for a period of five years. 239:2 06-15-2007 § 239-5 TAXATION § 239-10 §239-5. When effective. The schedule in § 239-2A shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after March 1, 2007. With respect to assessment rolls prepared on the basis of taxable status dates prior to March 1, 2007, the partial exemption allowed by the Town of Ithaca shall be limited to qualified properties, to those persons otherwise qualified under, and to the amounts permitted by, the applicable Town of Ithaca local laws in effect on the relevant taxable status date. ARTICLE II Alternative Veterans Exemption [Adopted 9-11-1989 by L.L. No. 4-1989] §239-6. Repeal of opt-out. Pursuant to the authority and provisions of Subdivision 4 of § 458-a of the Real Property Tax Law of the State of New York, the Town of Ithaca hereby repeals Local Law No. 1 for the year 1985 adopted by the Town Board of the Town of Ithaca entitled "A Local Law Not To Have the Exemption of§458-a of the Real Property Tax Law Apply to the Town of Ithaca." §239-7. Maximum exemption granted. By adoption of this article repealing Local Law No. 1 of the year 1985 the Town of Ithaca hereby elects to have the exemption permitted pursuant to § 458-a of the Real Property Tax Law in the maximum amount permitted by such law. ARTICLE III Business Investment Exemption [Adopted 8-7-2000 by L.L. No. 4-20001 §239-8. Reduction in exemption. Pursuant to the provisions of Subsection 7 of §485-b of the Real Property Tax Law of the State of New York, the Town of Ithaca hereby reduces the business investment exemption to an amount equal to 0%. §239-9. Effect on current projects. A project in course of construction pursuant to a building permit issued by the Town of Ithaca at the time of the adoption of this article, and exemptions existing prior in time to the adoption of this article shall not be subject to the reduction in the business investment exemption adopted herein. §239-10. When effective. This article and the reduction in the Business Investment Exemption adopted herein shall be effective immediately. 239:3 06-15-2007 § 239-11 ITHACA CODE § 239-12 ARTICLE IV Exemption for,Certain Disabled Persons With Limited Incomes [Adopted 1-8-2001 by L.L. No. 1-2001; last amended 2-12-2007 by L.L. No. 2-20071 §239-11. Statutory authority. This article is enacted pursuant to §459-c of the Real Property Tax Law of the State of New York as amended through Chapter 531of the Laws of 2006. §239-12. Grant of exemption; conditions. A. Pursuant to the provisions of §459-c of the Real Property Tax Law of the State of New York, real property located in the Town of Ithaca, owned by one or more persons with disabilities as defined in §459-c, or by a husband, wife, or both, or by siblings, at least one of whom has such a disability, and whose income is limited by reason of such disability, shall be partially exempt from taxation by said Town for the applicable taxes specified in said §459-c based upon the income of the owner or combined incomes of the owners. Such partial exemption shall be to the extent set forth in the schedule following: Annual Income of Owner or Combined Annual Percentage Assessed Valuation Income of Owners Exempt From Taxation Up to and including $26,000 50% More than $26,000 but less than $27,000 45% $27,000 or more but less than $28,000 40% $28,000 or more but less than $29,000 35% $29,000 or more but less than $29,900 30% $29,900 or more but less than $30,800 25% $30,800 or more but less than $31,700 20% $31,700 or more but less than $32,600 15% $32,600 or more but less than $33,500 10% $33,500 or more but less than $34,400 5% B. The partial exemption provided by this article shall, however, be limited to such property and persons as meet the conditions, qualification, exclusions and limitations set forth in §459-c of the Real Property Tax Law of the State of New York. This article shall be administered in accordance with said section of the Real Property Tax Law as now adopted and as it may be amended from time to time, and the provisions of said section shall be applicable to the effectuation of the exemption provided for in this article. Without limiting the foregoing, the partial exemption authorized by this article shall be computed in accordance with the provisions of §459-c and shall not apply to real property for which a partial exemption has been received pursuant to the provisions of §467 of the Real Property Tax Law of the State of New York as applied to the Town of Ithaca by the provisions of Article I, Senior Citizens Exemption, of this Chapter 239, as amended from time to time. 239:4 06-15-2007 § 239-13 TAXATION § 239-17 § 239-13. Application for exemption. Application for such exemption must be made by the owner, or all of the owners of the property on forms prescribed by the State Board of Real Property Services of the State of New York (or any successor agency) to be furnished by the appropriate assessing authority and shall furnish the information and be executed in the manner required or prescribed in such forms, and shall be filed in the Tompkins County Assessment office on or before the appropriate taxable status date. § 239-14. Penalties for offenses. Any conviction of having made any willful false statement of the application for such exemption shall be punishable by a fine of not more than $100 and shall disqualify the applicant or applicants from further exemption for a period of five years. § 239-15. When effective. The schedule in § 239-12A shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after March 1, 2007. With respect to assessment rolls prepared on the basis of taxable status dates prior to March 1, 2007, the partial exemption allowed by the Town of Ithaca shall be limited to qualified properties, to those persons otherwise qualified under, and to the amounts permitted by, the applicable Town of Ithaca local laws in effect on the relevant taxable status date. ARTICLE V Exemption for Improvements to Property Made Pursuant to Americans with Disabilities Act [Adopted 2-13-2006 by L.L. No. 4-2006] § 239-16. Statutory authority. This article is enacted pursuant to § 459-a of the Real Property Tax Law of the State of New York, as amended through Chapter 759 of the Laws of 2005. §239-17. Grant of exemption; conditions. A. Pursuant to the provisions of § 459-a of the Real Property Tax Law of the State of New York, real property located in the Town of Ithaca that is altered, installed or improved pursuant to the Americans with Disabilities Act of 1990 for the purposes of removal of architectural barriers for persons with disabilities in existing property shall be partially exempt from general municipal taxes as hereinafter provided. Such alterations, installations or improvements to such real property shall be exempt pursuant to the following exemption schedule: Year of Exemption Percentage of Exemption 1 50% 239:5 06-15-2007 § 239-17 ITHACA CODE § 239-19 Year of Exemption Percentage of Exemption 2 45% 3 40% 4 35% 5 30% 6 25% 7 20% 8 15% 9 10% 10 5% B. No exemption shall be granted for alterations, installations or improvements unless such alterations, installations or improvements were commenced subsequent to the effective date of this article. C. Notwithstanding the foregoing provision, if such alterations, installations or improvements were commenced prior to the effective date of this article, such alterations, installations or improvements may receive an exemption pursuant to the exemption schedule of this section for the remainder of the authorized period of exemption as if such alterations, installations or improvements had been commenced on or after such effective date; provided, however, the property shall not be eligible for refunds of property taxes paid prior to the effective date of this article. D. The partial exemption provided by this article shall, however, be limited to such property and persons as meet the conditions, qualifications, exclusions and limitations set forth in §459-a of the Real Property Tax Law of the State of New York. This article shall be administered in accordance with said section of the Real Property Tax Law as now adopted and as it may be amended from time to time, and the provisions of said section shall be applicable to the effectuation of the exemption provided for in this article. §239-18. Application for exemption. Such exemption shall be granted only upon successful application by the owner or all the owners of such building on forms prescribed by the State Board of Real Property Services of the State of New York (or any successor agency). The owner or owners shall furnish the information and execute the forms in the manner required or prescribed in such forms and shall file such forms in the Tompkins County Assessment office on or before the appropriate taxable status date. Such exemption shall be granted only if the appropriate assessing authority approves the application. §239-19. Applicability. This article shall apply to assessment rolls prepared after the effective date of this article on the basis of taxable status dates occurring on or after March 1, 2006. 239:6 06-15-2007 § 239-20 TAXATION § 239-21 ARTICLE VI Historic Barn Exemption [Adopted 2-13-2006 by L.L. No. 3-2006] §239-20. Statutory authority. This article is enacted pursuant to §483-b of the Real Property Tax Law of the State of New York, as amended through Chapter 759 of the Laws of 2005. §239-21. Grant of exemption; conditions. A. Pursuant to the provisions of §483-b of the Real Property Tax Law of the State of New York, historic barns located in the Town of Ithaca which are reconstructed or rehabilitated shall be partially exempt from general municipal taxes to the extent provided hereinafter. For the purposes of this article, an historic barn shall mean a structure that was at least partially constructed before 1936 and that was originally designed and used for storing farm equipment or agricultural products, or for housing livestock. B. Historic barns shall be exempt for a period of one year to the extent of 100% of the increase in assessed value thereof attributable to such reconstruction or rehabilitation and for an additional period of nine years subject to the following: (1) The extent of such exemption shall be decreased by 10% of the "exemption base" each year during such additional period. The "exemption base" shall be the increase in assessed value as determined in the initial year of the term of the exemption, except as provided below. (2) In any year in which a change in level of assessment of 15% or more is certified for a final assessment roll pursuant to the rules of the State Board of Real Property Services of the State of New York (or any successor agency), the exemption base shall be recalculated and the exemption shall be recomputed as described in §483-b of the Real Property Tax Law of the State of New York. C. No such exemption shall be granted for reconstruction or rehabilitation unless such reconstruction or rehabilitation was commenced subsequent to the effective date of this article. D. No such exemption shall be granted to an historic barn which is receiving an exemption pursuant to §483 of the Real Property Tax Law of the State of New York or which has received an exemption pursuant to that section within 10 years of the date of the application for exemption filed pursuant to this article. E. No such exemption shall be granted to an historic barn which is used for residential purposes. F. No such exemption shall be granted for reconstruction and rehabilitation expenses that materially alter the historic appearance of the barn. 239:7 06-15-2007 § 239-21 ITHACA CODE § 239-23 G. The partial exemption provided by this article shall, however, be limited to such property and persons as meet the conditions, qualifications, exclusions and limitations set forth in §483-b of the Real Property Tax Law of the State of New York. This article shall be administered in accordance with said section of the Real Property Tax Law as now adopted and as it may be amended from time to time, and the provisions of said section shall be applicable to the effectuation of the exemption provided for in this article. §239-22. Application for exemption. Such exemption shall be granted only upon successful application by the owner or all the owners of such barn on forms prescribed by the State Board of Real Property Services of the State of New York (or any successor agency). The owner or owners shall furnish the information and execute the forms in the manner required or prescribed in such forms and shall file such forms in the Tompkins County Assessment office on or before the appropriate taxable status date. Such exemption shall be granted only if the appropriate assessing authority approves the application. §239-23. Applicability. This article shall apply to assessment rolls prepared after the effective date of this article on the basis of taxable status dates occurring on or after March 1, 2006. 239:8 06-15-2007 Chapter 270 ZONING ARTICLE I §270-15. Accessory buildings and uses Title authorized by special approval only. §270-1. Title. §270-16. Height limitations. ARTICLE II §270-17. Yard regulations. Purpose §270-18. Lot coverage. §270-19. Size and area of lot. §270-2. Purpose. §270-20. Clustering. §270-21. Parking. ARTICLE III Terminology §270-22. Additional requirements and restrictions. §270-3. Word usage. §270-23. Park and recreation setasides §270-4. Controlling regulation. and fees in lieu thereof. §270-5. Definitions. §270-24. Site plan approval. ARTICLE IV ARTICLE VI Establishment of Zones Agricultural Zones §270-6. Enumeration of zones. §270-25. Purpose. §270-7. Continuation of special land §270-26. Permitted principal uses. use districts. §270-27. Principal uses authorized by §270-8. Zone boundaries. special permit only. §270-9. Prohibition of uses. §270-28. Principal uses authorized by special approval only. ARTICLE V §270-29. Permitted accessory Conservation Zones buildings and uses. §270-30. Accessory buildings and uses §270-10. Purpose. authorized by special §270-11. Permitted principal uses. approval only. §270-12. Principal uses authorized by §270-31. Height limitations. special permit only. §270-32. Yard regulations. §270-13. Additional requirements for §270-33. Building area. special permit. §270-34. Size and area of lot. §270-14. Permitted accessory §270-35. Density limitations and buildings or uses. limitations on subdivision of parent tracts. 270:1 06- 15-2007 ITHACA CODE §270-36.' Parking. §270-58. Accessory buildings and uses §270-37. Additional special authorized by special permit requirements. only. §270-38. Site plan approval. §270-59. Height limitations. §270-39. Right to farm. §270-60. Yard regulations. §270-61. Building area. ARTICLE VII §270-62. Size and area of lot. Lakefront Residential Zones §270-63. Special ial ro erties. P P §270-40. Purpose. §270-64. Parking. §270-41. Permitted principal uses. ARTICLE IX §270-42. Principal uses authorized by Medium Density Residential Zones special permit only. §270-43. Permitted accessory §270-65. Purpose. structures and uses. §270-66. Permitted principal uses. §270-44. Accessory buildings and uses §270-67. Principal uses authorized by authorized by special special permit only. approval only. §270-68. Permitted accessory §270-45. Accessory structures and buildings and uses. uses authorized by special permit only. §270-69. Accessory buildings and uses authorized by special §270-46. Height limitations. approval only. §270-47. Yard regulations. §270-70. Height limitations. §270-48. Building area. §270-71. Yard regulations. §270-49. Size and area of lot. §270-72. Building area. §270-50. Special properties. §270-73. Size and area of lot. §270-51. Parking. §270-74. Special properties. §270-52. Special requirements. §270-75. Parking. ARTICLE VIII ARTICLE X Low Density Residential Zones High Density Residential Zones §270-53. Purpose. §270-76. Purpose. §270-54. Permitted principal uses. §270-77. Permitted principal uses. §270-55. Principal uses authorized by §270-78. Principal uses authorized by special permit only. special permit only. §270-56. Permitted accessory §270-79. Permitted accessory buildings and uses. buildings and uses. §270-57. Accessory buildings and uses authorized by special approval only. 270:2 06-15-2007 ZONING §270-80. Accessory buildings and uses §270-106. Yard regulations. authorized by special §270-107. Building area. approval only. §270-81. Height limitations. §270-108. Minimum usable open space. §270-109. Size and area of lot. §270-82. Yard regulations. §270-110. Parking. §270-83. Building area. §270-111. Additional special §270-84. Size and area of lot. requirements. §270-85. Special properties. §270-112. Site plan approval. §270-86. Parking. ARTICLE XIII ARTICLE XI Commercial Zones Generally Mobile Home Park Zones §270-113. Purpose. §270-87. Purpose. §270-114. Permitted accessory uses. §270-88. Minimum area. §270-115. Minimum area for §270-89. Permitted principal uses. commercial zone. §270-90. Principal uses authorized by §270-116. Height limitations. special permit only. §270-117. Yard regulations. §270-91. Permitted accessory uses. §270-118. Building area. §270-92. (Reserved) §270-119. Minimum usable open space. §270-93. Height limitations. §270-120. Size and area of lot. §270-94. Yard regulations. §270-121. Parking. §270-95. Building area. §270-122. Additional special §270-96. Lot area. requirements. §270-97. Special requirements. §270-123. Drive-through operations. §270-98. Site plan approvals. §270-124. Site plan approval. ARTICLE XII ARTICLE XIV Multiple Residence Zones Neighborhood Commercial Zones §270-99. Purpose. §270-125. Purpose. §270-100. Permitted principal uses. §270-126. Permitted principal uses. §270-101. Permitted accessory §270-127. Principal uses authorized by buildings and uses. special permit only. §270-102. Principal uses authorized by §270-128. Maximum building size. special permit only. §270-103. (Reserved) §270-104. Minimum area for multiple residence zone. §270-105. Height limitations. 270:3 06-15-2007 ITHACA CODE ARTICLE XV §270-145. Adult entertainment uses Office Park Commercial Zones authorized by special approval only. §270-129. Purpose. §270-146. Permitted accessory §270-130. Permitted principal uses. buildings and uses. §270-131. Principal uses authorized by §270-147. Minimum area for a light special permit only. industrial zone. §270-132. Additional permitted §270-148. Height limitations. accessory uses. §270-149. Yard regulations. ARTICLE XVI §270-150. Building area. Community Commercial Zones §270-151. Minimum usable open space. §270-152. Size and area of lot. §270-133. Purpose. §270-153. Parking. §270-134. Permitted principal uses. §270-154. Additional special §270-135. Principal uses authorized by requirements. special permit only. §270-155. Performance standards. §270-156. Site plan approval. ARTICLE XVII Vehicle Fueling and Repair Commercial ARTICLE XX Zones Industrial Zones §270-136. Purpose. §270-157. Purpose. §270-137. Permitted principal uses. §270-158. Permitted principal uses. §270-138. Principal use authorized by §270-159. Prohibited uses. special permit only. §270-160. Permitted accessory ARTICLE XVIII buildings and uses. Lakefront Commercial Zones §270-161. Placement of accessory structures. §270-139. Purpose. §270-162. Minimum area for an §270-140. Permitted principal uses. industrial zone. §270-141. Principal uses authorized by §270-163. Height limitations. . special permit only. §270-164. Yard regulations. §270-142. Accessory uses authorized by §270-165. Building area. special permit only. §270-166. Minimum usable open space. ARTICLE XIX §270-167. Size and area of lot. Light Industrial Zones §270-168. Parking. §270-169. Additional special §270-143. Purpose. requirements. §270-144. Permitted principal uses. §270-170. Performance standards. 270:4 06-15-2007 ZONING §270-171. Site'plan approval. §270-192. Letter of credit. §270-193. Completion of ARTICLE XXI improvements. Planned Development Zones §270-194. Expiration of site plan §270-172. Purpose. approval. §270-173. Establishment and location. ARTICLE XXIV §270-174. Permitted principal and Special Permits and Special Approvals accessory uses. §270-175. Additional requirements. §270-195. Purpose. §270-176. Minimum area for Planned §270-196. Requirement preceding Development Zone. issuance of building permit §270-177. Yard and other regulations. or certificate of occupancy. §270-178. Site plan approval. §270-197. Applicability. §270-198. Procedure. ARTICLE XXH §270-199. Waiver of requirements. Procedures for Creation of New Zones §270-200. Considerations for approval. §270-201. Modifications of special §270-179. Zones to which applicable. permits or special approvals. §270-180. General provisions. §270-202. Expiration of special permit §270-181. Procedures for creation of a or special approval. zone. ARTICLE XXV ARTICLE XXIII Nonconforming Uses Site Plan Review and Approval Procedures §270-203. Nonconforming lots of record. §270-182. Purpose. §270-204. Nonconforming uses of land. §270-183. Site plan required prior to §270-205. Nonconforming structures. building permit or certificate of occupancy. §270-206. Nonconforming uses of structures. §270-184. Applicability. §270-185. Procedure. §270-207. Interruption of nonconforming use. §270-186. Site plan requirements. §270-208. Dwellings on nonconforming §270-187. Waiver of requirements. lots. §270-188. Considerations for approval. §270-209. Continuation of construction. §270-189. Limitations on construction. §270-210. Alterations in use. §270-190. Reservation of parkland on §270-211. Restoration. site plans containing §270-212. Board of Appeals residential units. determination. §270-191. Modifications of site plans. 270:5 06-15-2007 ITHACA CODE §270-213. Variance criteria. §270-225. Reduction of lot area. §270-214. Amortization of certain §270-226. More than one building on a nonconforming uses relating lot. to pre-1991 residential §270-227. Parking facilities. occupancies. § §270-228. Approval of County Health 270-214.1. Nonconforming farms in Department. Medium Density Residential §270-229. Abandoned cellar holes and Zones. buildings. ARTICLE XXVI §270-230. Agricultural lands in County Special Regulations Agricultural Districts. §270-215. Mobile homes and trailers. ARTICLE XXVIII §270-216. Elder cottages. Administration §270-217. Extraction or deposit of fill §270-231. Enforcement. and related products. §270-232. Applications for approvals, §270-218. Limitations on vehicle repair remedies or relief. garages and gasoline sales stations. §270-233. Permit to build. §270-219. Telecommunications §270-234. Certificate of occupancy. facilities. §270-235. Zoning Board of Appeals. §270-219.1. Solar collectors and §270-236. Planning Board. installations. §270-237. Posting of notices. §270-219.2.Limitations on home §270-238. Entry and inspection. occupations. §270-239. Violations and penalties. ARTICLE XXVII §270-240. Amendments. General Provisions §270-241. Validity. §270-242. Existing Zoning Ordinance §270-220. Building floor area. amended, readopted and §270-221. Side yard on corner lot. reenacted. §270-222. Porches and carports. §270-243. Fees. §270-223. Fences and walls. §270-244. Effective date. §270-224. Projections in yards. §270-245. Transition provisions. [HISTORY: Adopted by the Town Board of the Town of Ithaca 12-8-2003 by L.L. No. 7-2003. Amendments noted where applicable.] 270:6 06-15-2007 § 270-5 ZONING § 270-5 (b) Whether or not different members of the household have the same address for the purposes of: [1] Voter registration. [2] Driver's license. [3] Motor vehicle registration. [4] Summer or other residences. [5] Filing of taxes. (c) Whether or not furniture and appliances are owned in common by all members of the household. (d) Whether or not any children are enrolled in local schools. (e) Whether or not householders are employed in the local area. (f) Whether or not the group has been living together as a unit for an extended period of time, whether in the current dwelling unit or other dwelling units. (g) Any other factor reasonably related to whether or not the group of persons is the functional equivalent of a traditional family. (4) In making determinations under this definition, the Zoning Board of Appeals shall not be required to consider the matters set forth in § 270-200 of this chapter. G. Lesser permitted number. (1) Notwithstanding the provisions elsewhere provided herein, if the following limitations result in a lesser permitted number of occupants than would be permitted under the definition of family set forth above and the regulations of each zone set forth later in this chapter, the number of occupants, related or otherwise, shall not exceed the maximum numbers determined on the basis of habitable space of each dwelling unit as follows: (a) A minimum of 150 square feet of habitable space for the first occupant; and (b) 80 square feet of habitable space for each additional person in each dwelling unit. (2) In no case shall the enclosed floor area be less than required by § 270-220 of this chapter. (3) Areas utilized for kitchenettes, bath, toilet, storage, utility space, closets, and other service or maintenance space shall be excluded in determining "habitable space." FAMILY DAY-CARE HOME— A facility, home, or other establishment, defined as a family day-care home in § 390 of the Social Services Law, at which day care is provided for hire for generally three to six children and which is registered with the Tompkins County 270:13 06-15-2007 § 270-5 ITHACA CODE § 270-5 Department of Social Services and is operated in accordance with the state and county regulations governing operations of a family day-care center. FAMILY-TYPE HOME FOR ADULTS— An adult care facility providing services to four or fewer adult persons unrelated to the operator, all as defined as a family-type home for adults in the New York Social Services Law § 2. FARM— Any parcel of land containing at least three acres which is used in the raising of agricultural products, such as crops, livestock, poultry, and dairy goods. It includes structures necessary to the production and storage of agricultural products and equipment and on-farm buildings used for preparation or marketing of products produced, or derived from products produced, predominantly on the farm property on which the building is located subject to the limitations regarding roadside stands set forth in this chapter. [Amended 8-1-2005 by L.L. No. 7-20051 FARM RETREAT— A farm which includes facilities for room and/or board for up to three people unrelated to the owner or operator of the farm, which people temporarily occupy farm premises and participate in the farming activities for the purposes of learning about farm life. FLASHING SIGN— Any illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color at all times. GARAGE— A covered building used primarily for storage of automobiles and other similar motor vehicles. GROUP FAMILY DAY-CARE HOME— A facility, home, or other establishment defined as a group family day-care home in § 390 of the Social Services Law, licensed by the New York State Department of Social Services or by the Tompkins County Department of Social Services, at which day care is provided for hire for generally seven to 14 children and is operated in accordance with the state and county regulations governing operations of a group family day-care home. HEIGHT— As it relates to a structure other than a building, the distance measured from the lowest level or portion of the structure (slab or base) in contact with the ground surface to the highest point at the top of the structure. HEIGHT FROM LOWEST INTERIOR GRADE— As it relates to a building, the vertical distance measured from the surface of the lowest level (floor of a crawl space, basement floor, slab, or other floor, even if below exterior grade level) in contact with the ground surface to the highest point of the roof, excluding chimneys, antennae, and other similar protuberances. When the measurement of height from the lowest interior grade is made from the floor of a cellar the maximum permissible height from lowest interior grade shall be increased by four feet. This permitted increase shall not apply when the measurement is from any other floor, including a basement floor, slab or other floor. HEIGHT FROM LOWEST EXTERIOR GRADE— As it relates to a building, the vertical distance from the lowest point of the exterior finished grade adjacent to the wall of the building to the highest point of the roof, excluding chimneys, antennae and other similar protuberances. HOME OCCUPATION— [Amended 2-12-2007 by L.L. No. 1-2007] 270:14 06-15-2007 § 270-5 ZONING § 270-5 A. A business conducted within a dwelling, or a building accessory thereto, by a resident of the dwelling, which is clearly incidental and secondary to the use of the property for residential purposes, and which is the type of business that is customarily conducted within a dwelling or building accessory thereto. B. Home occupations typically include, but are not limited to architects, attorneys, career consultants, carpenters, caterers, computer programmers, dentists, doctors, dressmakers, editors, electricians, engineers, financial consultants, hairdressers, insurance brokers, plumbers, realtors, teachers, translators and writers. HOSPICE— A building other than a hospital or nursing home where more than two terminally ill persons are regularly lodged and furnished with meals and nursing care and which has been granted a certificate of approval to operate as a hospice pursuant to the Public Health Law or any successor regulating state law. HOSPITAL— An establishment for temporary overnight occupation by sick or injured persons for the purpose of medical treatment licensed by the State of New York for such purposes. [Amended 6-12-2006 by L.L. No. 9-2006] HOTEL or MOTEL— A building containing rooms designed and originally planned to be rented or hired out for living or sleeping accommodations for transient occupancy. HOUSEHOLD PETS— Domesticated dogs, cats, birds, fish, amphibians, reptiles, mice, ferrets, rabbits, hamsters, gerbils, and other domesticated small animals ordinarily kept as pets which eat and sleep within a dwelling unit occupied by a family. LOT— Any area of land bounded by property lines which is not divided into parts by a public road or railroad. Each part of any area so divided by a road or railroad is considered an individual lot for zoning and subdivision purposes, but any further division of any such part shall occur only upon compliance with the applicable regulations of Chapter 234, Subdivision of Land, of the Code of the Town of Ithaca. [Amended 1-9-2006 by L.L. No. 1-20061 LOT AREA— The area of a lot, excluding any portion of a public highway right-of-way that may be included within deed description of the lot. LOT DEPTH— The distance between a point on a public highway right-of-way line and the rear of the lot measured perpendicularly from the street line. A lot need meet the minimum depth requirements set forth in this chapter at only one point and not uniformly throughout the lot's entire width. LOT LINE— A property boundary of a lot, except where the property boundary is the center line or other portion of a public highway, in which event the property line is the highway right-of-way line. MARINA— A facility providing docking or mooring for boats together with ancillary uses such as sale of fuels, boats and boating parts and accessories. MINING— The extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, sorting, stockpiling or other processing of minerals at the mine location so as to 270:15 06-15-2007 § 270-5 ITHACA CODE § 270-5 make them suitable for commercial, industrial, or construction use; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location; or any one of the above activities. Mining shall not include the excavation, removal and disposition of minerals from the site of, and incidental to, a construction project, or excavations incidental to bona fide agricultural activities provided, however, such excavations, removal or disposition are subject to obtaining fill permits if required as set forth in this chapter. For the purpose of this definition: A. MINERALS - Mean any naturally formed, usually inorganic, solid material located on or below the surface of the earth. "Minerals" include, but are not limited to, peat, topsoil, gravel, and stone. B. OVERBURDEN - Means all of the earth, vegetation and other materials which lie above or alongside a mineral deposit. C. SPOIL and TAILINGS - Have the meanings given to them by Article 23 of the New York State Environmental Conservation Law or any similar or successor statute. MIXED USE— A commercial facility with accessory residential facilities, the floor area (inclusive of all floors on all stories dedicated to the residential use) of which residential facilities is less than the floor area (inclusive of all floors on all stories dedicated to commercial use) of the commercial use, and which residential facilities are located elsewhere in the building than on the street frontage of the ground floor. MOBILE HOME— A transportable dwelling unit suitable for year-round occupancy. A mobile home is designed and built to be towed on its own chassis, comprised of frame and wheels, and connected to either public or private utilities. The unit may contain parts which may be folded, collapsed, or telescoped when being towed and expanded later to provide 270:16 06-15-2007 § 270-14 ZONING § 270-14 § 270-14. Permitted accessory buildings or uses. The following accessory buildings or uses are permitted as of right in a Conservation Zone: A. Accessory buildings customarily incidental to the above permitted uses. B. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Amended 2-12-2007 by L.L. No. 1-20071 C. Wildlife rehabilitation operation as defined and regulated under six NYCRR Part 184, provided that no noise, dust, disorder, or objectionable odor is experienced (as a result of that use) beyond the boundary lines of the property where such use is conducted, and that no more than three additional persons not residing on the premises may be employed. 270:24.1 06-15-2007 § 270-27 ZONING § 270-29 O. Adult day-care facilities serving no more than four clients at any one time. § 270-2& Principal uses authorized by special approval only. The following uses are permitted in an Agricultural Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Mining, subject to the following requirements in addition to the normal requirements for a special approval: (1) No special approval shall be granted until: (a) The Planning Board approves a site plan for the proposed mining operations; and (b) The appropriate New York State authorities (DEC or other regulatory body) has approved a reclamation plan and the plan and any required security for the performance of the plan has been provided to the State of New York. (2) There shall be a buffer area of at least 100 feet around the perimeter of the mined area between the mined area and any surrounding property, such buffer to consist of natural vegetation, plantings, berms, fences, or other screening as deemed reasonable by the Board of Appeals to minimize the auditory and visual impacts of the mining operations on surrounding properties. (3) A fill permit shall be obtained in accordance with the fill permit requirements of this chapter before commencement of any mining operations. (4) Hours of operation shall be limited to business days (days other than weekends and holidays) from 8:00 a.m. to 5:00 p.m. local time unless the applicant, for good cause shown, demonstrates to the. Zoning Board . of Appeals that special circumstances-exist which compel that the times be extended. (5) Notwithstanding the foregoing, if the material to be mined is soil, gravel, or other similar types of fill, up to 50 cubic yards of such product may be mined in any one calendar year without special approval. If more than 50 cubic yards but not more than 250 cubic yards in any one year are being mined, the special approval may be issued by the Director of Engineering of the Town. In all other cases, the special approval shall be obtained as set forth above. §270-29. Permitted accessory buildings and uses. The following accessory buildings or uses are permitted as of right in an Agricultural Zone: A. Any farm-related structure not otherwise expressly referred to or limited by any provision in this chapter. 270:33 06-15-2007 § 270-29 ITHACA CODE § 270-30 B. If the principal use is as a farm, one or more one- or two-family dwellings, subject to the occupancy limitations set forth above for one- and two-family dwellings and subject to the overall density limitations set forth below in § 270-35. C. If the principal use is as one- or two-family dwelling or as a farm with dwellings; a private swimming pool, tennis court, or other similar recreational facility for the principal private use of the occupants of the dwelling. D. If the principal use is as a one- or two-family dwelling, up to three accessory buildings, all such accessory buildings in the aggregate not to exceed a total of 1,500 square feet in size. E. Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article, but subject to provisions of§ 270-227. F. A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area. Such buildings may not be continued for more than one year except upon receipt of a special approval from the Board of Appeals. G. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. H. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. 1. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-2007] § 270-30. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in an Agricultural Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Elder cottages. B. If the property is not used for agricultural purposes, a second dwelling unit in a building other than the principal building on the lot, provided that: (1) All of the general criteria set forth elsewhere in this chapter for the issuance of a special approval have been satisfied; (2) The location of the second dwelling, and the building in which it is located, does not adversely impact in any significant manner the adjoining neighbors; (3) The building containing such second dwelling is located at least 40 feet from any side boundary of the lot, and is not constructed in any required front yard; 270:34 06-15-2007 § 270-30 ZONING § 270-31 (4) There is adequate off-street parking for the proposed number of occupants, including occupants of both the principal building and the dwelling unit for which special approval is sought; (5) The floor area of the second dwelling (inclusive of floor area on all floors dedicated to such dwelling) does not exceed 50% of the floor area of the primary dwelling on the lot; (6) The second dwelling is located in a building that is accessory to the principal dwelling; (7) The building containing the primary dwelling does not contain more than one dwelling; and (8) There are no buildings on the lot containing dwellings other than the building containing the primary dwelling and the building for which special approval is sought? § 270-31. Height limitations. A. Except as may be specifically otherwise authorized in this chapter, in Agricultural Zones no nonagricultural building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, and no nonagricultural structure other than a building shall exceed 36 feet in height. Agricultural structures, such as silos or windmills, whether on a farm parcel or not, shall be set back a distance at least equal to their height from all property lines. B. Notwithstanding the foregoing, the Planning Board may, by special permit, allow a tower, other than a telecommunications tower or facility, operated pursuant to a license issued by the Federal Communications Commission for the transmission or reception of radio, television, microwave, satellite, or other electrical transmissions to be up to 80 feet in height from lowest exterior grade upon making the findings set forth below for special permits generally and in addition finding that: (1) The proposed tower is designed in accordance with generally accepted engineering standards so that its construction and operation will not pose a hazard to persons or property on the ground or in the vicinity of the tower; (2) The topography and location of the proposed site are reasonably adapted for the proposed use; (3) The size of the site is adequate in that the tower is located on an unoccupied parcel having an area of sufficient size that no part of the tower could fall on neighboring property should the structure collapse; and (4) The plans for the site (and the vegetation, screens, fencing or other devices when completed) provide adequate buffering of the site and towers from adjoining land. 3. Editor's Note:Former Subsection C,regarding home occupation other than farming or a farm-related enterprise,was repealed 2-12-2007 by L.L.No. 1-2007. 270:35 06-15-2007 § 270-32 ITHACA CODE § 270-34 §270-32. Yard regulations. A. Except as may be specifically otherwise authorized in this chapter, in Agricultural Zones yards of at least the following dimensions are required: (1) Front yard: Not less than the average depth of the front yards of buildings on lots immediately adjacent. However, the front yard depth shall not be less than 30 nor need it be greater than 60 feet. A roadside stand authorized in § 270-26 may be located in a front yard. (2) Rear yard: Not less than 50 feet in depth. (3) Side yards: None required with respect to buildings all on the same lot, but not less than 40 feet from any structure to a side property line except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be 15 feet from a side line which is not a street line. (4) Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard requirements. B. The foregoing requirements may include any required buffer areas and shall not be in addition to any required buffer areas. For purposes of calculating yards, and notwithstanding the yard definitions, yards shall be measured in Agricultural Zones to any building (other than a roadside stand), instead of to the principal building. §270-33. Building area. The maximum building area shall not exceed 10% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. §270-34. Size and area of lot. Subject to the density provisions regarding subdivision of parcels of land set forth below, lots in Agricultural Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least two acres, subject to the following conditions and exceptions: (1) A nonfarm lot subdivided for residential purposes from a parent tract as set forth below in § 270-35 shall have a minimum area of one acre and a maximum of two acres unless: (a) A larger area is required by the Tompkins County Health Department to provide on-site water and septic systems, in which event the permitted maximum area shall be increased to the minimum area required by the Health Department for such installations; or (b) The applicant for approval of a subdivision requests larger lots and fewer dwellings than would be normally permitted pursuant to § 270-35 below and 270:36 06-15-2007 § 270-40 ZONING § 270-42 ARTICLE VII Lakefront Residential Zones §270-40. Purpose. The purposes of the Lakefront Residential Zone are to minimize excessive and undesirable development in fragile lakefront areas, to protect the natural beauty and ambiance of the lakeshore in the Town of Ithaca for all of the citizens of the community to enjoy, and to enhance the experience provided to those living near, and those who use, the resource provided by Cayuga Lake. §270-41. Permitted principal uses. Only the following buildings or uses are permitted as a matter of right in a Lakefront Residential Zone: A. A one-family dwelling to be occupied by no more than: (1) One family, or (2) One family plus no more than one boarder, roomer, lodger, or other occupant. B. A two-family dwelling provided that: (1) Each dwelling unit is occupied by no more than one family; and (2) The floor area of the second dwelling unit is not more than 50% of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed entirely within the basement area, it may exceed 50%. C. Publicly owned park or playground including accessory buildings and improvements. D. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to residences in the district in which the substations or similar structures are constructed. E. Day-care homes, family day-care homes and group family day-care homes. F. Community residence. §270-42. Principal uses authorized by special permit only. The following uses are permitted in a Lakefront Residential Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Church or other places of worship, convent and parish house. B. Public library, public museum, and public schools. 270:39 06-15-2007 § 270-42 ITHACA CODE § 270-44 C. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. D. Clubhouse or lodge, provided that no building so used shall be within 100 feet from any street or within 150 feet of the lot line of any adjoining owner or within 200 feet of any lakeshore. E. Bed-and-breakfast. §270-43. Permitted accessory structures and uses. The following accessory structures or uses are permitted as of right in a Lakefront Residential Zone: A. Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article, but subject to provisions of §270-227 and further subject to the requirement that no vehicle parking shall occur within 100 feet of any shoreline. B. Where the principal use is as a one- or two-family dwelling, private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the occupants of the dwelling. C. Up to two accessory storage buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size. D. A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area. Such buildings may not be continued for more than one year except upon receipt of a special approval from the Board of Appeals. E. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. F. Adult day-care facilities serving no more than four clients at any one time. G. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. H. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-20071 §270-44. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in a Lakefront Residential Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: 270:40 06-15-2007 § 270-44 ZONING § 270-45 A. Elder cottages pursuant to, and subject to, the provisions of§ 270-216 of this chapter. B. The keeping of domestic animals in accessory buildings, provided that no such building shall be nearer than 30 feet to any lot line of any adjoining owner or to the lake shore, and further provided that there shall be no raising of fur-bearing animals, or kennels for more than three dogs over six months old.4 §270-45. Accessory structures and uses authorized by special permit only. A. The following accessory structures or uses are permitted in a Lakefront Residential Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: (1) Fishing piers, docks, wharves, boat houses, cabanas, sea walls, and similar waterfront structures and facilities when such uses are clearly accessory or incidental to the primary, principal use on the property subject to all applicable state and federal regulations and approvals. (a) All such structures shall require a building permit. All such structures shall additionally be subject of site plan review in accordance with the provisions set forth elsewhere in this chapter. (b) The following additional requirements shall apply to all such structures and facilities including those subject to site plan review and those that are not subject to such review: [1] The construction of such structures and facilities shall be undertaken in such a way so as not to impact water quality, cause harm to fish spawning grounds, destroy the natural beauty of the shoreline, reduce the stability of steep slope areas, cause erosion or sedimentation problems along the shoreline, create hazards for navigation, interfere with the public use and enjoyment of the water surface or shoreline, infringe on the riparian rights of other littoral parcels, or otherwise threaten the public health and safety. [2] Piers, docks and wharves shall be designed in accordance with good engineering practice. At the discretion of the Building and Zoning Enforcement Officer, plans approved by a licensed engineer or architect may be required before issuance of a building permit. [3] Such structures and facilities shall only be constructed of materials which are stable, chemically inert and insoluble and which will have no adverse effects on water quality. [4] The amount of grading, dredging, earthmoving and disturbance of land above-and below water during the construction of such structures and facilities shall be minimized as much as possible and shall be consistent 4. Editor's Note:Former Subsection B,Home occupation,was repealed 2-12-2007 by L.L.No.1-2007.This local law also provided for the renumbering of former Subsection C as Subsection B. 270:41 06-15-2007 § 270-45 ITHACA CODE § 270-45 with the permit requirements of the New York State Department of Environmental Conservation and United States Army Corps of Engineers regulating such activities. [5] To permit the free circulation of water, reduce the effects of fluctuating water levels, and prevent adverse modifications of the shoreline, piers, docks and wharves shall be of floating construction wherever feasible and shall not be of rock-filled cribbing, sheet piling, closely spaced piling, or such other construction technique or materials which would significantly impair water circulation. [6] The width of any pier, dock or wharf shall be a minimum of three feet and shall not exceed eight feet. [7] The length of any pier, dock or wharf shall extend offshore from the mean low water line to a distance no greater than 30 feet (or such lesser distance as may be stipulated in any permit obtained for such construction from the New York State Department of Conservation or the United States Army Corps of Engineers) for each lot used for single-family residential purposes. Longer dock lengths may be approved by the Planning Board in accordance with the provisions of this chapter, when necessary to reach adequate water depths for proposed boat docking, while complying with all other standards contained in this section. [8] The maximum surface area of all piers, docks, and wharves permitted on a waterfront lot that is vacant or used for one- or two-family residential purposes shall not, in the aggregate, exceed 300 square feet. [9] The number of piers, docks or wharves permitted on nonresidential properties shall not exceed three such structures per lot. Such docks shall not exceed a length, or be developed or configured on the site in a manner that adversely affects existing environmental conditions or natural features, including views, or negatively impacts navigation or riparian rights of adjacent littoral parcels. The construction of more than three such structures per nonresidential lot shall be subject to a determination by the Town Planning Board as part of the permit process, that such additional structures are needed to accommodate anticipated boat traffic and can be developed on the site without adversely affecting existing environmental conditions or natural features, or negatively impact navigation or riparian rights of adjacent littoral parcels. [10] Every pier, dock or wharf that is constructed shall have a minimum clearance or setback of 20 feet from adjacent property lines, as extended from the shoreline, to allow adequate vessel access to neighboring waterfront parcels. In the case of parcels bounding a substantially straight shoreline, docks and piers shall be located in the area fixed by projection of parcel lines lakeward at right angles from the shoreline. In 270:42 06-15-2007 § 270-45 ZONING § 270-45 the case of parcels bounding a concave or convex shoreline, docks and piers shall be located in the area fixed by projection of the parcel lines lakeward along the line bisecting the angle formed by the shoreline at its intersection with the parcel lines. Where such projections do not 270:42.1 06-15-2007 § 270-54 ZONING § 270-55 E. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to residences in the district in which the substations or similar structures are constructed. F. Day-care homes, family day-care homes and group family day-care homes. G. Community residence. H. Any lawful farm purpose, including usual farm buildings and structures, but excluding rendering plants, on lands the principal use of which is as a farm and which are located within a county agricultural district created under the provisions of Article 25-AA of the New York State Agriculture and Markets Law, notwithstanding the provisions of Subsection C above and regardless of the size of the lot, provided that such use is in compliance with all other provisions, such as yard regulations, building area, and other provisions governing Low Density Residential Zones. [Added 8-1-2005 by L.L. No. 7-2005] §270-55. Principal uses authorized by special permit only. The following uses are permitted in a Low Density Residential Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Church or other places of worship, convent and parish house. B. Cemetery and the buildings and structures incident thereto. C. Public, parochial and private schools, public library, public museum, day-care center, nursery school, and any institution of higher learning including dormitory accommodations. D. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. E. Golf course, driving range or miniature golf course. F. Clinic and nursing or convalescent home, provided that no building so used shall be within 100 feet from any street or within 150 feet of the lot line of any adjoining owner. G. Clubhouse or lodge, provided that no building so used shall be within 100 feet from any street or within 150 feet of the lot line of any adjoining owner. H. Bed-and-breakfast. I. Equestrian facility, provided that adequate provision is made to prevent nuisance to adjoining residences and provided: (1) The lot size is at least two acres (three acres if public sewers are not available); (2) There is a nonoccupied and nonused buffer of at least 50 feet around the perimeter of the lot; 270:47 06- 15-2007 § 270-55 ITHACA CODE § 270-56 (3) Any building in which farm animals are kept shall be at least 100 feet from any lot line or street line; and (4) No manure shall be stored within 100 feet of any lot line or street line. §270-56. Permitted accessory buildings and uses. The following accessory buildings or uses are permitted as of right in a Low Density Residential Zone: A. Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article, but subject to provisions of§ 270-227. B. Where the principal use is as a one- or two-family dwelling, private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the occupants of the dwelling. C. Up to three accessory buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or larger, in which event the aggregate area of the accessory building may not exceed 2,000 square feet. D. A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area. Such buildings may not be continued for more than one year except upon receipt of a special approval from the Board of Appeals. E. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. F. The keeping of domestic animals in accessory buildings, provided that no such building shall be nearer than 30 feet to any lot line of any adjoining owner, and further provided that there shall be no raising of fur-bearing animals, or kennels for more than three dogs over six months old. G. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. H. A roadside stand or other structure, not exceeding 500 square feet of enclosed space, for the display and sale of farm or nursery products related to farming and as a seasonal convenience to the owner or owners of the land. The majority of the products sold at such stand shall be, or be derived from, products produced on the farm on which the roadside stand is located. Any such stand shall be located a minimum of 30 feet from the street line, in such a manner as to permit safe access and egress for automobiles, and parking off the highway right-of-way. I. Adult day-care facilities serving no more than four clients at any one time. J. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-20071 270:48 06-15-2007 § 270-57 ZONING § 270-58 §270-57. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in a Low Density Residential Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Elder cottages pursuant to, and subject to, the provisions of§ 270-216 of this chapter. B. A second dwelling unit in a building other than the principal building, provided that: (1) All of the general criteria set forth elsewhere in this chapter for the issuance of a special approval have been satisfied; (2) The location of the second dwelling, and the building in which it is located, does not adversely impact in any significant manner the adjoining neighbors; (3) The building containing such second dwelling is located at least 40 feet from any side boundary of the lot, and is not constructed in any required front yard; (4) There is adequate off-street parking for the proposed number of occupants, including occupants of both the principal building and the dwelling unit for which special approval is sought; (5) The floor area of the second dwelling (inclusive of floor area on all floors dedicated to such dwelling) does not exceed 50% of the floor area of the primary dwelling on the lot; (6) The second dwelling is located in a building that is accessory to the principal dwelling; (7) The building containing the primary dwelling does not contain more than one dwelling; and (8) There are no elder cottages or other buildings on the lot containing dwellings other than the building containing the primary dwelling and the building for which special approval is sought.5 § 270-58. Accessory buildings and uses authorized by special permit only. The following accessory buildings or uses are permitted in a Low Density Residential Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Equestrian facility, provided that adequate provision is made to prevent nuisance to adjoining residences and provided the lot size is at least two acres and there is a nonoccupied and nonused buffer of at least 50 feet around the perimeter of the lot. 5. Editor's Note:Former Subsection C,Home occupation,was repealed 2-12-2007 by L.L.No.1-2007. 270:49 06-15-2007 § 270-59 ITHACA CODE § 270-61 §270-59. Height limitations. [Amended 8-1-2005 by L.L. No. 7-20051 Except as may be specifically otherwise authorized in this chapter, in Low Density Residential Zones no building shall be erected, altered, or extended to exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, whichever is lower. No structure other than a building shall.be erected, altered, or extended to exceed 30 feet in height. Accessory buildings shall in no case exceed 15 feet in height. The foregoing height limitations shall not apply to buildings and structures used for agricultural purposes on lands the principal use of which is as a farm and which are located within a county agricultural district created under the provisions of Article 25-AA of the New York State Agriculture and Markets Law. Such agricultural buildings and structures so located may be constructed without limitations as to heights. § 270-60. Yard regulations. In Low Density Residential Zones yards of at least the following dimensions are required: A. Front yard: Not less than the average depth of the front yards of buildings on lots immediately adjacent. However, the front yard depth shall not be less than 30 feet or need it be greater than 60 feet. B. Rear yard: Not less than 50 feet in depth. C. Side yards: Each not less than 40 feet in width, except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be 15 feet from a side line which is not a street line. D. Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard provisions. E. Accessory buildings: In Low Density Residential Zones accessory buildings other than garages may not occupy any open space other than a rear yard. Accessory buildings, in the aggregate, may occupy not more than 15% of any required rear yard and, if other than a garage, shall be not less than three feet from any side or rear lot line. Notwithstanding the foregoing, a private garage that serves dwellings on two separate lots may be built across a common lot line with a party wall by mutual agreement between adjoining property owners provided that there is at least one garage bay on each lot. Any accessory building on a corner lot shall not be less than five feet from the rear lot line. Where the average natural slope of a lot exceeds 8% rise or fall directly from the street line, a private garage not over one story in height and housing not in excess of two cars may be located in the front or side yard not less than five feet from said street line upon receiving a special approval from the Board of Appeals. §270-61. Building area. The maximum building area shall not exceed 10% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. 270:50 06-15-2007 § 270-68 ZONING § 270-69 G. Adult day-care facilities serving no more than four clients at any one time. H. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-20071 §270-69. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in a Medium Density Residential Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Elder cottages pursuant to, and subject to, the provisions of§ 270-216 of this chapter. B. A second dwelling unit in a building other than the principal building, provided that:6 (1) All of the general criteria set forth elsewhere in this chapter for the issuance of a special approval have been satisfied; (2) The location of the second dwelling, and the building in which it is located, does not adversely impact in any significant manner the adjoining neighbors; (3) The building containing such second dwelling is located at least 15 feet from any side boundary of the lot, and is not constructed in any required front yard; (4) There is adequate off-street parking for the proposed number of occupants, including occupants of both the principal building and the dwelling unit for which special approval is sought; (5) The floor area of the second dwelling (inclusive of floor area on all floors dedicated to such dwelling) does not exceed 50% of the floor area of the primary dwelling on the lot; (6) The second dwelling is located in a building that is accessory to the principal dwelling; (7) The building containing the primary dwelling does not contain more than one dwelling; and (8) There are no elder cottages or other buildings on the lot containing dwellings other than the building containing the primary dwelling and the building for which special approval is sought. C. The keeping of domestic animals in accessory buildings, provided that: (1) The lot on which such accessory building is located is at least two acres in size unless the Zoning Board of Appeals requires a larger lot in order to prevent adverse effects on the adjacent or surrounding neighbors, in which event the lot size shall be the minimum reasonably established by such Board; and 6. Editor's Note:Former Subsection B,Home occupation,was repealed 2-12-2007 by L.L.No.1-2007.This local law also provided for the renumbering of former Subsections C and D as Subsections B and C,respectively. 270:53 06-15-2007 § 270-69 ITHACA CODE § 270-71 (2) No such accessory building shall be nearer than 30 feet to any lot line of any adjoining owner; and (3) There shall be no raising of fur-bearing animals, or kennels for more than three dogs over six months old. §270-70. Height limitations. In Medium Density Residential Zones, no building shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. Accessory buildings shall in no case exceed 15 feet in height. §270-71. Yard regulations. In Medium Density Residential Zones yards of at least the following dimensions are required: A. Front yard: Not less than the average depth of the front yards of buildings on lots immediately adjacent. However, the front yard depth shall not be less than 25 feet or need it be greater than 50 feet. B. Rear yard: Not less than 30 feet in depth. C. Side yards: Each not less than 15 feet in width, except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be 10 feet from a side line which is not a street line. D. Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard provisions. E. Accessory buildings: In Medium Density Residential Zones accessory buildings other than garages may not occupy any open space other than a rear yard. Accessory buildings, in the aggregate, may occupy not more than 40% of any required rear yard and, if other than a garage, shall be not less than three feet from any side or rear lot line. Notwithstanding the foregoing, a private garage that serves dwellings on two separate lots may be built across a common lot line with a party wall by mutual agreement between adjoining property owners provided that there is at least one garage bay on each lot. Any accessory building on a corner lot shall not be less than five feet from the rear lot line. Where the average natural slope of a lot exceeds 8% rise or fall directly from the street line, a private garage not over one story in height and housing not in excess of two cars may be located in the front or side yard not less than five feet from said street line upon receiving a special approval from the Board of Appeals. 270:54 06-15-2007 § 270-72 ZONING § 270-72 §270-72. Building area. The maximum building area shall not exceed 20% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. 270:54.1 06-15-2007 § 270-79 ZONING § 270-81 §270-79. Permitted accessory buildings and uses. The following accessory buildings or uses are permitted as of right in a High Density Residential Zone: A. Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article, but subject to provisions of§ 270-227 of this chapter. B. Where the principal use is as a one- or two-family dwelling, private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the occupants of the dwelling. C. Up to three accessory buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or larger, in which event the aggregate area of the accessory building may not exceed 2,000 square feet. D. A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area. Such buildings may not be continued for more than one year except upon receipt of a special approval from the Board of Appeals. E. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. F. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. G. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-20071 §270-80. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in a High Density Residential Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Elder cottages pursuant to, and subject to, the provisions of§ 270-216 of this chapter. B. (Reserved) §270-81. Height limitations. In High Density Residential Zones, no building shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, 7. Former Subsection B,Home occupation,was repealed 2-12-2007 by L.L.No.1-2007. 270:57 06-15-2007 § 270-81 ITHACA CODE § 270-84 or extended to exceed 30 feet in height. Accessory buildings shall in no case exceed 15 feet in height. §270-82. Yard regulations. In High Density Residential Zones yards of at least the following dimensions are required: A. Front yard: Not less than the average depth of the front yards of buildings on lots immediately adjacent. However, the front yard depth shall not be less than 25 feet or need it be greater than 50 feet. B. Rear yard: Not less than 30 feet in depth. C. Side yards: Each not less than 10 feet in width, except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be seven feet from a side line which is not a street line. D. Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard provisions. E. Accessory buildings: In High Density Residential Zones accessory buildings other than garages may not occupy any open space other than a rear yard. Accessory buildings, in the aggregate, may occupy not more than 40% of any required rear yard and, if other than a garage, shall be not less than three feet from any side or rear lot line. Notwithstanding the foregoing, a private garage that serves dwellings on two separate lots may be built across a common lot line with a party wall by mutual agreement between adjoining property owners provided that there is at least one garage bay on each lot. Any accessory building on a corner lot shall not be less than five feet from the rear lot line. Where the average natural slope of a lot exceeds 8% rise or fall directly from the street line, a private garage not over one story in height and housing not in excess of two cars may be located in the front or side yard not less than five feet from said street line upon receiving a special approval from the Board of Appeals. §270-83. Building area. The maximum building area shall not exceed 25% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. §270-84. Size and area of lot. Lots in High Density Residential Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least 9,000 square feet; and B. Minimum width at the street line shall be 60 feet; and C. Minimum width at the maximum required front yard setback line (50 feet from the street line) shall be 75 feet; and 270:58 06-15-2007 § 270-84 ZONING § 270-89 D. Minimum depth from the highway right-of-way shall be 120 feet. §270-85. Special properties. In the case of publicly owned properties, properties of universities, colleges, cemeteries, or other private institutions, located in High Density Residential Zones, which comprise at least six acres in area and are traversed by interior roads or driveways, the front, side, and rear yard requirements set forth above shall apply only along the exterior public street frontages and boundaries with adjacent properties. §270-86. Parking. Parking requirements shall be as set forth in Article XXVII. ARTICLE XI Mobile Home Park Zones §270-87. Purpose. The purpose of the Mobile Home Park Zone is to provide an area in which concentrated development utilizing mobile homes may occur to encourage alternative and less costly housing accommodations in the Town. §270-88. Minimum area. A minimum tract of at least five acres is required for a mobile home park. §270-89. Permitted principal uses. Only the following buildings or uses are permitted as a matter of right in a Mobile Home Park Zone: A. Mobile homes, each to be occupied by not more than: (1) One family, or (2) One family plus no more than two boarders, roomers, lodgers, or other occupants. B. Not more than one one-family dwelling (other than a mobile home) to be occupied by no more than one family. C. Publicly owned park or playground including accessory buildings and improvements. D. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to residences in the zone in which the substations or similar structures are constructed. 270:59 06-15-2007 § 270-89 ITHACA CODE § 270-93 E. Day-care homes, family day-care homes and group family day-care homes. F. Community residence. §270-90. Principal uses authorized by special permit only. The following uses are permitted in a Mobile Home Park Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Child day-care center. §270-91. Permitted accessory uses. The following accessory buildings or uses are permitted as of right in a Mobile Home Park Zone: A. Automobile parking and garages, subject to the further requirements of this article. B. Structures and open land for recreation, intended for use by the residents of the mobile home park. C. Such areas and structures as may be necessary for housekeeping activities, such as a common laundry or garden plots. The use of any such area or structure may be limited to residents of the mobile home park. D. Storage buildings for storage of belongings of the residents of the mobile home park. E. Maintenance buildings, storage buildings, and one central office building, all of which must be utilized solely in connection with the operation of the mobile home park. F. Community building for use by the residents of the mobile home park and their guests. G. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. H. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-20071 §270-92. (Reserved) 8 §270-93. Height limitations. In Mobile Home Park Zones the following height restrictions shall apply: 8. Editor's Note: Former §270-92, Accessory buildings and uses authorized by special approval only, was repealed 2-12-2007 by L.L.No.1-2007. 270:60 06-15-2007 § 270-93 ZONING § 270-93 A. No mobile home or one-family dwelling shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower. 270:60.1 06-15-2007 § 270-97 ZONING § 270-100 approval. The fee for the operating permit shall be in accordance with the following schedule based on the number of mobile homes then located in the mobile home park: Number of Units Operating Permit Fee 1 to 4 $25.00 5 to 9 $50.00 10 to 24 $100.00 25 to 49 $200.00 50 to 100 $400.00 Over 100 (No. of Units) times ($4) L. Building permits. Notwithstanding any other provision of this chapter of the Building Code, a building permit shall be required for each mobile home and/or structure to be sited or constructed. §270-98. Site plan approvals. No building permit shall be issued for a structure in a Mobile Home Park Zone unless the proposed structure is in accordance with a site plan approved by the Planning Board and, if required, by the Tompkins County Health Department. No subdivision of a mobile home park site plan is permitted without approval of the Town Board, following Planning Board review. No alteration, amendment or change in a mobile home park site plan is permitted without approval of the Planning Board. ARTICLE XII Multiple Residence Zones §270-99. Purpose. The purpose of the Multiple Residence Zone is to permit, where appropriate, the construction and development of multiple-family residences in the Town. At the same time, the Town does not desire the large-scale development of these units to the extent that large areas of the Town would be devoted to such use and single-family residences would be incompatible. Accordingly, additional areas may be zoned as a Multiple Residence Zone upon application for a specific proposal in accordance with the normal rezoning procedures. Generally, such rezoning will be permitted only in areas where public water and sanitary facilities are available, where public transportation may be readily available, and where other resources and facilities that complement multiple residence occupancy are found. In reaching its decision on whether to rezone to a Multiple Residence Zone, the Town Board shall consider the general criteria set forth in this chapter, the most current Comprehensive or Master Plan for the Town, and this statement of purpose. §270-100. Permitted principal uses. Only the following buildings or uses are permitted of right in a Multiple Residence Zone: 270:63 06-15-2007 § 270-100 ITHACA CODE § 270-102 A. One-family dwellings, two-family dwellings and multiple-family dwellings. Each dwelling unit in a Multiple Residence Zone shall be occupied by no more than: (1) One family, or (2) One family plus no more than two boarders, roomers, lodgers or other occupants. B. Day-care homes, family day-care homes and group family day-care homes. §270-101. Permitted accessory buildings and uses. Only the following accessory buildings or uses are permitted of right in a Multiple Residence Zone: A. Automobile parking and garages, subject to the further requirements of this article. B. Structures or use of open land for recreation, intended for residents of the Multiple Residence Zone, including swimming pools, tennis courts, and other similar recreational facilities. C. Such uses as may be necessary for housekeeping activities, such as drying yards or structures in which laundry facilities are maintained but any such use must be limited to residents of multiple dwellings. D. Storage buildings for storage of belongings of the residents of the Multiple Residence Zone. E. Maintenance buildings and one central office building, all of which must be utilized solely in connection with the operation of multiple-family dwellings in the Multiple Residence Zone. F. Community building for use by the residents of multiple-family dwellings in the Multiple Residence Zone and their guests. G. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. H. Home occupations, subject to the limitations on home occupations set forth in §270-219.2. [Added 2-12-2007 by L.L. No. 1-20071 §270-102. Principal uses authorized by special permit only. The following uses are permitted in a Multiple Residence Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Bed-and-breakfast. B. Adult care facility. 270:64 06-15-2007 § 270-102 ZONING § 270-107 C. Child day-care center. §270-103. (Reserved) 9 §270-104. Minimum area for multiple residence zone. A minimum tract of two acres is required for the development of a Multiple Residence Zone. Such tract shall contain a minimum of 3,500 square feet of gross lot area for each dwelling unit to be constructed. §270-105. Height limitations. In Multiple Residence Zones, no building shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower. §270-106. Yard regulations. A. Except as may be specifically otherwise authorized in this chapter, in Multiple Residence Zones yards of at least the following dimensions are required: (1) Front yard: Not less than 50 feet in depth. (2) Rear yard: Not less than 50 feet in depth. (3) Side yards: None required with respect to buildings all on the same lot, but not less than 50 feet from any structure to a side property line. (4) Courts shall be completely open on one side, with a width not less than the height of the tallest opposite structure and a depth not more than one and one-half the width. (5) Spaces between buildings: the distance between any two structures shall be no less than 20 feet. B. The foregoing requirements may include any required buffer areas and shall not be in addition to any required buffer areas. § 270-107. Building area. The maximum building area shall not exceed 30% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. 9. Editor's Note: Former §270-103, Accessory buildings and uses authorized by special approval only, was repealed 2-12-2007 by L.L.No.1-2007. 270:65 06-15-2007 § 270-108 ITHACA CODE § 270-111 §270-108. Minimum usable open space. Minimum usable open space shall be not less than 30% of the lot area. For this purpose "usable open space" shall mean that portion of the lot area not covered by any structure (as defined in Article III) or driveway, and generally intended to be occupied by suitable vegetation or landscaping. §270-109. Size and area of lot. Lots in Multiple Residence Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least 30,000 square feet if public sewer facilities are available, otherwise the minimum lot area shall be at least two acres; and B. Minimum width at the street line shall be 100 feet; and C. Minimum width at the maximum required front yard setback line (50 feet from the street line) shall be 150 feet; and D. Minimum depth from the street line shall be 200 feet. §270-110. Parking. Parking requirements shall be as set forth in Article XXVII. §270-111. Additional special requirements. Additional special requirements include the following: A. Access and sidewalks. Access drives shall be paved with blacktop, concrete, or other solid material. Driveways and walkways shall provide safe access, egress and traffic circulation within the site. The placement, size and arrangement of access to public streets shall be subject to the approval of the appropriate highway authority. Where density of population, traffic, bus routes, or other safety issues make it desirable, the developer or applicant for rezoning shall install sidewalks with the approval of the appropriate highway authority. B. Recreation. The developer or applicant shall provide recreation areas for children on the premises, such as playgrounds, parks, or other recreational facilities, in such amount as may be necessary to protect the health, safety and general welfare of the children and residents in the district. C. Screening of waste and refuse. No waste or refuse shall be placed outside any building in a Multiple Residence Zone except that an area common to all buildings, or a separate area for each building shall be reserved at the rear of the structure or structures. This area shall contain bins, or other receptacles adequate to prevent the scattering of waste and refuse, and shall be planted or fenced so as to be screened from the public view. Such area and receptacles shall not be located in the buffer area set forth above. No refuse shall be burned on the premises. 270:66 06-15-2007 § 270-111 ZONING § 270-112 D. Buffer areas. No structure shall be placed nearer to any other Residence Zone, Agricultural Zone, Commercial Zone or Industrial Zone than double the maximum distance of the side yard requirement of the adjoining zone (e.g., if the Multiple Residence Zone adjoins a Low Density Residence Zone, and if the maximum side yard requirement in such Low Density Zone is 40 feet (excluding the fifteen-foot side yard applicable to garages, as such fifteen-foot distance is not the maximum side yard requirement), no structure in the Multiple Residence Zone shall be closer than 80 feet to such Low Density Zone). A strip at least 10 feet wide within such buffer area shall be suitably planted to screen a Multiple Residence Zone from other present or future residences outside the zone, or a suitable screening fence shall be erected. The Planning Board, in reviewing the site plan, may alter or waive the vegetative requirement along the public street side. E. Additional screening. In addition to the landscaping, screening, fencing and buffer requirements set forth above, the Planning Board in-the site plan review process may require additional landscaping, fencing, screening, or earth berm to be provided in any area where the proposed structure or use would, in the opinion of the Planning Board, create a hazardous condition or would detract from the value of neighboring property if such additional landscaping, fencing, screening, or berm were not provided. §270-112. Site plan approval. No building permit shall be issued for a building or structure within a Multiple Residence Zone unless the proposed building is in accordance with a site plan approved pursuant to the provisions of Article XXIII. In addition to the site plan requirements set forth such provisions, the site plan shall be subject to the following additional requirements as authorized by Town Law § 274-a: A. Such site plan shall show, when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes. B. Land for park, playground or other recreational purposes shall not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such finding shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular site plan will contribute. Such evaluation may also include reference to any current Parks, Recreation and Open Space Plan existing in the Town. C. In the event the Planning Board makes a finding pursuant to Subsection B of this section that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Planning Board may require a sum of money in lieu thereof in an amount to be established by the Town Board. In making such determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. Any 270:67 06-15-2007 § 270-112 ITHACA CODE § 270-114 monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property. D. Notwithstanding the foregoing, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to § 276 of the Town Law or pursuant to Chapter 234, Subdivision of Land, of the Code of the Town of Ithaca (as either may be amended from time to time), the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the requiring the reservation of additional parkland or additional money to be donated in lieu thereof. E. If the Town Board, by resolution or local law, has established the amounts, or a formula by which amounts payable in lieu of land reservation may be determined, the amounts payable pursuant to this section shall be as set forth in, or determined by, such local law. ARTICLE XIII Commercial Zones Generally §270-113. Purpose. The purpose of the establishing Commercial Zones and the following regulations is to establish certain areas where retail businesses and other commercial uses of land will be encouraged and to establish standards by which development in these areas shall occur. § 270-114. Permitted accessory uses. Permitted accessory uses in all Commercial Zones shall be the following: A. Automobile parking and off-street loading areas, subject to the further requirements of this chapter. B. Accessory storage buildings, but not to include outside storage. C. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. D. The dwelling of a guard, caretaker or custodian but not more than one dwelling unit per building. E. Child day-care centers upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter. F. Where the use is as a dwelling, home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-2007] 270:68 06- 15-2007 § 270-145 ZONING § 270-148 (2) If the type of adult entertainment business is not one specified in § 270-227 the minimum parking requirement shall be 300 square feet of parking area, including lanes and driveways, for each 100 feet of floor area, exclusive of basements used for storage (e.g., if the adult entertainment business is a massage parlor, the minimum parking area shall be 300 square feet for each 100 feet of floor area). (3) The minimum parking requirements may be reduced in accordance with the criteria and procedures referred to § 270-227. §270-146. Permitted accessory buildings and uses. Only the following accessory buildings or uses are permitted of right in a Light Industrial Zone: A. Automobile parking and off-street loading areas subject to the further requirements of this article. B. Accessory storage buildings, but not to include outside storage. C. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. D. The dwelling of an owner, operator, or manager, or of a guard, caretaker, or custodian, provided that no more than one dwelling unit per industry shall be established. E. Guardhouse. F. Child day-care centers upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter. G. Cafeteria or lunchroom. H. Recreational facilities including playfields, ballfields, tennis and volleyball courts, swimming pools and fitness centers. I. Fences up to eight feet in height if approved by the Planning Board as appropriate and necessary for the proposed use. J. Where the use is as a dwelling, home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-2007] § 270-147. Minimum area for a light industrial zone. A minimum tract of 10 acres is required for the development of a Light Industrial Zone. §270-148. Height limitations. Except as may be specifically otherwise authorized in this chapter, in Light Industrial Zones no building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, and no structure other than a building shall exceed 36 feet in height. 270:81 06-15-2007 § 270-149 ITHACA CODE § 270-153 §270-149. Yard regulations. A. Except as may be specifically otherwise authorized in this chapter, in Light Industrial Zones yards of at least the following dimensions are required: (1) Front yard: Not less than 150 feet in depth. (2) Rear yard: Not less than 60 feet in depth. (3) Side yards: None required with respect to buildings all on the same lot, but not less than 60 feet from any structure to a side property line. (4) Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard requirements. B. The foregoing requirements may include any required buffer areas and shall not be in addition to any required buffer areas. §270-150. Building area. The maximum building area shall not exceed 30% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. §270-151. Minimum usable open space. Minimum usable open space shall be not less than 30% of the lot area. For this purpose "usable open space" shall mean that portion of the lot area not covered by any structure (as defined in Article III) or driveway, and generally intended to be occupied by suitable vegetation or landscaping. §270-152. Size and area of lot. Lots in Light Industrial Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least two acres; and B. Minimum width at the street line shall be 150 feet; and C. Minimum width at the maximum required front yard setback line (150 feet from the street line) shall be 200 feet; and D. Minimum depth from the street line shall be 300 feet. §270-153. Parking. Parking requirements shall be as set forth in Article XXVII. 270:82 06-15-2007 § 270-158 ZONING § 270-160 expressly enumerated below. Certain uses or facilities, set forth below, are permitted only upon receipt of a special permit from the Planning Board as set forth below. §270-159. Prohibited uses. The following uses are prohibited in an Industrial Zone: A. Dwelling units, except as an accessory use as set forth below. B. Sales of any products at retail to the general public except as the same may be related to and an incidental by-product of a permitted principal use such as manufacturing. C. Restaurants of any nature except for cafeterias or other similar facilities that are incidental to and related specifically to a permitted principal use such as manufacturing. D. Motel. E. Hotel. F. Adult entertainment business. G. Any of the following factories or works: arsenal, blast furnace, boiler works, iron, steel, brass or copper foundry, metal ore, smelting, planing mill, rolling mill and stockyards or slaughterhouse. H. The manufacturing or storage of explosives and gas, oil and other flammables or petroleum products. §270-160. Permitted accessory buildings and uses. Only the following accessory buildings or uses are permitted of right in an Industrial Zone: A. Automobile parking and off-street loading areas subject to the further requirements of this article. B. Accessory storage buildings. C. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. D. The dwelling of an owner, operator, or manager, or of a guard, caretaker, or custodian, provided that no more than one dwelling unit per industry shall be established. E. Guardhouse. F. Child day-care centers upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter. G. Cafeteria or lunchroom incidental to and related specifically to a permitted use. H. Recreational facilities including playfields, ballfields, tennis and volleyball courts, swimming pools and fitness centers. 270:85 06-15-2007 § 270-160 ITHACA CODE § 270-164 I. Fences up to eight feet in height if approved by the Planning Board as appropriate and necessary for the proposed use. J. Where the use is as a dwelling, home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-20071 §270-161. Placement of accessory structures. Accessory structures or buildings may be placed in any required side or rear yard but no closer than five feet to the boundary of the property. Except as herein otherwise provided, no structures shall be placed in any required buffer zone. Parking, signs, guardhouses, and fences may be placed in a front yard provided the Planning Board finds the location of such structures is in accordance with the criteria for approval of the site plan and the location is shown on an approved site plan. Signs, guardhouses and fences if placed in a required front yard may also be placed in any required buffer zone that is in the front of the property. §270-162. Minimum area for an industrial zone. A minimum tract of 10 acres is required for the development of an Industrial Zone. §270-163. Height limitations. Except as may be specifically otherwise authorized in this chapter, in Industrial Zones no building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, and no structure other than a building shall exceed 36 feet in height. §270-164. Yard regulations. A. Except as may be specifically otherwise authorized in this chapter, in Industrial Zones yards of at least the following dimensions are required: (1) Front yard: Not less than 150 feet in depth. (2) Rear yard: Not less than 60 feet in depth. (3) Side yards: None required with respect to buildings all on the same lot, but not less than 60 feet from any structure to a side property line. (4) Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard requirements. B. The foregoing requirements may include any required buffer areas and shall not be in addition to any required buffer areas. 270:86 06-15-2007 § 270-165 ZONING § 270-165 § 270-165. Building area. The maximum building area shall not exceed 30% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. 270:86.1 06-15-2007 § 270-219 ZONING § 270-219.1 existing structure or facilities will be artificially lighted or marked as a result of the addition of the new facility; and [61 Will be built, operated and maintained to acceptable industry standards, including but not limited to the most recent, applicable standards of the Institute of Electric and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI), and will meet generally accepted good engineering practices and industry standards, including but not limited to acceptable standards as to stability, wind and ice loads, and bird protection. (g) A statement as to whether site plan review is required for accessory structures and/or equipment. (h) Any applicable application fees or other fees. (9) If site plan approval is required for accessory structures and/or equipment, the Building and Zoning Enforcement Officer shall advise the Planning Board whether all other building permit application requirements have been met and shall not further process the building permit application until Planning Board site plan approval has been granted. (10) Miscellaneous. (a) Any building permit or site plan approval issued hereunder shall be valid only for the dimensions and number of antennas, equipment and structures for the telecommunications facility as so approved. Any subsequent changes or modifications shall require a new application for same following the procedures set forth in this section. (b) Whenever reference is made to an engineer's certificate or report in this section, the same shall be provided by a professional engineer licensed in the State of New York who is reasonably satisfactory to the Building and Zoning Enforcement Officer. §270-219.1. Solar collectors and installations. [Added 10-16-2006 by L.L. No. 11-20061 A. Rooftop and building-mounted solar collectors are permitted in all zoning districts in the Town. Building permits shall be required for installation of rooftop and building-mounted solar collectors. B. Ground-mounted and freestanding solar collectors are permitted as accessory structures in all zoning districts of the Town, subject to the following requirements: (1) The location of the solar collector meets all applicable setback requirements of the zone in which it is located. (2) The height of the solar collector and any mounts shall not exceed 20 feet when oriented at maximum tilt. 270:126.5 06-15-2007 § 270-219.1 ITHACA CODE § 270-219.2 (3) The total surface area of all ground-mounted and freestanding solar collectors on the lot shall not exceed 1,000 square feet. (4) A building permit has been obtained for the solar collector. (5) The solar collector is located in a side or rear yard. C. Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed solar collectors. Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in § 270-191 of this chapter are met, including but not limited to proposed changes to or additions of solar collectors where such changes or additions meet a § 270-191 threshold. D. All solar collector installations must be performed by a qualified solar installer, and prior to operation the electrical connections must be inspected by the Town and by the New York Board of Fire Underwriters or other appropriate electrical inspection agency as determined by the Town. In addition, any connection to the public utility grid must be inspected by the appropriate public utility. E. When solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of Tompkins County and other applicable laws and regulations. F. If a solar collector ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment and facilities by no later than 90 days after the end of the twelve-month period. §270-219.2. Limitations on home occupations. [Added 2-12-2007 by L.L. No. 1-20071 Home occupations shall meet all of the following requirements: A. An area of no more than 25% of the floor space of the dwelling (whether the home occupation is conducted in the dwelling or in an accessory building) or 500 square feet (whichever is less) shall be used for the home occupation. B. No more than four persons (full- or part-time), including the household resident, shall be involved in on-site business operations. C. The owner and chief operating officer of the business must be a full-time resident of the property on which the business is conducted. D. No goods shall be offered for sale on the premises excepting those created, assembled, or reconditioned completely on the property. E. There shall be no exterior display or sign except as permitted by this chapter or Chapter 221, Signs, of the Code of the Town of Ithaca, no exterior storage of materials, equipment (including commercial vehicles), or other items of commerce, and no other 270:126.6 06-15-2007 § 270-219.2 ZONING § 270-221 exterior indication of the home occupation or variation from the residential character of the lot, district or surrounding neighborhood. F. No offensive noise, vibration, smoke, dust, odor, heat, glare or electronic disturbance shall be produced beyond the boundary line of the property occupied by the business. G. The business shall not generate traffic in any greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the use shall be met off the street and in accordance with any other regulation of this chapter. H. The business or use shall not be detrimental to the residential character of the lot on which the business is located nor of the surrounding neighborhood. I. The lot on which the business is operated shall be large enough to allow such business to be conducted with minimal impact on the neighbors. J. All business activities that are conducted within the bounds of the lot on which the business is located must be conducted wholly within the dwelling or accessory building. ARTICLE XXVII General Provisions §270-220. Building floor area. No dwelling in any zone shall be erected or altered so as to provide for less than 600 square feet of net enclosed floor area. §270-221. Side yard on corner lot. On a corner lot in a residence zone the yard width on the side street shall be at least 1/2 the required front yard for adjoining properties on the side street, but in no event less than 10 feet On a corner lot in any other zone, the yard depth on both streets shall be equal to the required front yard for adjoining properties on both streets. 270:126.7 06-15-204Y7 § 270-230 ZONING § 270-231 (1) Such mobile home shall be physically located within a County Agricultural District. (2) If more than one mobile home is to be located on a farm, no building permit shall be issued for such second or additional mobile home unless the proposed mobile home is shown on, and located in accordance with, a site plan approved pursuant to the provisions of Article XXIII. (3) Such mobile home shall only be used in connection with the operation of a farm and shall be leased to, or occupied by, only persons who are, or families at least one member of which is, employed by the farm operator operating the lands on which the mobile home is located. (4) In conducting the site plan review, in addition to any other authority granted the Planning Board by this chapter, the Board is authorized to reduce the minimum lot size from that otherwise required by the terms of this chapter to the minimum permitted by the Tompkins County Health Department, if on-site septic systems are to be used, or 15,000 square feet, whichever is larger. (5) The farm labor home shall be subject to the same residential setback and other yard requirements of the zone in which the same is located. (6) The provisions prohibiting more than one principal building on a lot are waived for farm labor homes in a County Agricultural District. (7) Such mobile home shall be removed if not utilized for housing farm laborers for three or more successive years, or if the property on which the mobile home is located ceases to be a farm operation for a period of three or more years. (8) Any site plan approval granted under this section shall be for a period requested by the applicant, but in no event longer than five years, provided that the same shall be renewed for additional periods of up to five years each upon application of the farm operator if the conditions relating to the granting of the initial site plan approval still exist. B. For the purpose of this section, the term "land used in agricultural production" shall have the same meaning as set forth in Agriculture and Markets Law § 301 (4) or any replacement or successor statute. ARTICLE XXVIII Administration §270-231. Enforcement. This chapter shall be enforced by the Director of Building and Zoning or any other person designated by the Town Board, and duly appointed deputies, all herein collectively referred to from time to time as the Code Enforcement Officer. 270:133 06-15-2007 § 270-232 ITHACA CODE § 270-235 §270-232. Applications for approvals, remedies or relief. — Every applicant for any approval, remedy or any other relief under this article or any other article of this Zoning Chapter shall disclose the information required by § 809 of the General Municipal Law. §270-233. Permit to build. [Amended 12-29-2006 by L.L. No. 16-2006] A. No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, repair, removal, or demolition of any building or structure (including signs, except as specified in Chapter 221, Signs, of the Code of the Town of Ithaca), nor install heating equipment, nor undertake any other work which must conform to New York State's Uniform Fire Prevention and Building Code, without having applied for and obtained a building permit from a Code Enforcement Officer pursuant to Chapter 125 of the Code of the Town of Ithaca. Notwithstanding the foregoing, no building permit shall be required under those circumstances specified in § 1254A of the Code of the Town of Ithaca for which no building permit is required. B. No permit to build shall be issued except pursuant to written order of the Board of Appeals, where the proposed construction, alteration, or use would be in violation of any provision of this chapter. §270-234. Certificate of occupancy. [Amended 12-29-2006 by L.L. No. 16-20061 A certificate of occupancy shall be required for all work and other circumstances specified in § 125-7 of the Code of the Town of Ithaca. § 270-235. Zoning Board of Appeals. There is hereby established a Zoning Board of Appeals which shall function in the manner prescribed by law (except as the same may be superseded by the terms of this chapter as set forth below). A. Membership. (1) There shall be five members of the Zoning Board of Appeals. The members of the Zoning Board of Appeals shall be residents of the Town of Ithaca and shall be appointed by the Town Board to serve for terms as prescribed by law. Vacancies occurring in said Board by expiration of term or otherwise shall be filled in the same manner. No person who is a member of the Town Board shall be eligible for membership on the Zoning Board of Appeals. (2) Alternate members. [Amended 11-13-2006 by L.L. No. 14-20061 (a) There may be appointed additionally up to two alternate members of the Zoning Board of Appeals. Alternate members shall be appointed by resolution of the Town Board for terms established by the Town Board. 270:134 06-15-20m § 270-235 ZONING § 270-235 (b) The Chairperson of the Zoning Board of Appeals shall designate an alternate member to substitute for a regular member in the event that a regular member is unable or unwilling to vote because of a conflict of interest, recusal, absence, abstention, or any other reason and an alternate member is present at the meeting when the designation takes place. (c) If more than one alternate member is present at a meeting when the Chairperson is designating an alternate member to substitute for a regular member, the Chairperson shall designate the alternate member who has not served on a case or matter the most recently. If that alternate member is not able or willing to vote for a reason listed in Subsection A(2)(b) above, then the Chairperson shall designate the other alternate member to serve. (d) To the extent this provision is inconsistent with Town Law § 267(11), it is intended to supersede such section, in accordance with Municipal Home Rule Law § 10(1)(ii)d(3). All other rights, responsibilities and procedures related to alternate members set forth in said § 267 shall apply. B. The Town Board shall designate the Chairperson of the Zoning Board of Appeals. The Zoning Board of Appeals shall choose its own Vice Chairperson who shall preside in the absence of the Chairperson. In the absence of both the Chairperson and Vice Chairperson, the Zoning Board of Appeals shall choose one of its number as Acting Chairperson. Such Chairperson, or the party acting as Chairperson in the Chairperson's absence, may administer oaths and compel the attendance of witnesses. The Zoning Board of Appeals may appoint a secretary who shall take minutes of all its meetings and keep its records. C. The Zoning 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 resolutions and orders shall be in accordance therewith. D. Any person aggrieved by any decision of any officer of the Town charged with the enforcement of this chapter may take an appeal to the Zoning Board of Appeals. E. The Zoning Board of Appeals shall, in accordance with the provisions of this chapter and in accordance with the provisions of Town Law § 267 et seq. heal-and determine appeals from any refusals of a building permit or certificate of occupancy by the person designated by the Town Board, or review any order or decision of said person where such order or decision is based upon the requirements of this chapter. F. The Zoning Board of Appeals, on appeal from the decision or determination of the Code Enforcement Officer, shall have the power to grant use and area variances (as the same are defined in Town Law§ 267). In doing so, in addition to any other requirements set forth in this chapter, the Zoning Board of Appeals, in determining whether to grant a use or an area variance shall consider all of the matters set forth in Town Law §267-b including specifically the considerations set forth in § 267-b, 2 and 3, or any successor statute. G. The Zoning Board of Appeals shall also hear and decide all matters referred to it or upon which it is required to pass by the terms of this chapter. In deciding such matters referred 270:135 06-15-2007 § 270-235 ITHACA CODE § 270-236 to it by the terms of this chapter and in granting special approval the Zoning Board of Appeals shall follow the procedures and apply the criteria set forth in Article XXIV, Special Permits and Special Approvals, of this chapter. H. At the option of the Zoning Board of Appeals, it may refer a matter to the Planning Board for a recommendation before taking action. Such referral shall not extend the time within which the Zoning Board of Appeals, by law, must act. Failure of the Planning Board to timely respond to such a referral shall not preclude action by the Zoning Board of Appeals nor otherwise affect the validity of any actions taken by the Zoning Board of Appeals. 1. In granting variances or special approvals the Board may impose upon the applicant such reasonable conditions as are directly related to and incidental to the proposed use of the property or the period of time such variance or special approval shall be in effect. Such conditions shall be consistent with the spirit and intent of the Zoning Ordinance or Local Law, and shall be imposed for the purpose of minimizing any adverse impact such variance or approval may have on the neighborhood or community. J. Unless work has commenced in accordance with the variance or special approval given by the Zoning Board of Appeals within one year from the issuance of the building permit authorizing such work, or within 18 months of the granting of such variance or special approval, whichever is earlier, not only the building permit but the variance or special approval shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the issuance of such special approval or variance. §270-236. Planning Board. There is hereby established a Planning Board which shall function in the manner prescribed by law (except as the same may be superseded by the terms of this chapter as set forth below). A. Membership. (1) There shall be seven members of the Planning Board. The members of the Planning Board shall be residents of the Town of Ithaca and shall be appointed by the Town Board to serve for terms as prescribed by law. Vacancies occurring in said Board by expiration of term or otherwise shall be filled in the same manner. No person who is a member of the Town Board shall be eligible for membership on the Planning Board. To the extent reasonably possible, and in the sole discretion of the Town Board, one or more of the members may be an agricultural member as defined in § 271 of the Town Law. (2) Alternate members. [Amended 3-12-2007 by L.L. No. 4-20071 (a) There may be appointed additionally up to two alternate members of the Planning Board. Alternate members shall be appointed by resolution of the Town Board for terms established by the Town Board. (b) The Chairperson of the Planning Board shall designate an alternate member to substitute for a regular member in the event that a regular member is 270:136 06-15-2007 § 270-236 ZONING § 270-236 unable or unwilling to vote because of a conflict of interest, recusal, absence, abstention, or any other reason and an alternate member is present at the meeting when the designation takes place. (c) If more than one alternate member is present at a meeting when the Chairperson is designating an alternate member to substitute for a regular member, the Chairperson shall designate the alternate member who has not served on a case or matter the most recently. If that alternate member is not able or willing to vote for a reason listed in Subsection A(2)(b) above, then the Chairperson shall designate the other alternate member to serve. (d) To the extent this provision is inconsistent with Town Law § 271(15), it is intended to supersede such section, in accordance with Municipal Home Rule Law § 10(1)(ii)d(3). All other rights, responsibilities and procedures related to alternate members set forth in said § 271 shall apply. B. The Town Board shall designate the Chairperson of the Planning Board. The Planning Board shall choose its own Vice Chairperson who shall preside in the absence of the Chairperson. In the absence of both the Chairperson and Vice Chairperson, the Planning Board shall choose one of its number as Acting Chairperson. Such Chairperson, or the party acting as Chairperson in the Chairperson's absence, may administer oaths and compel the attendance of witnesses. The Planning Board may appoint a Secretary who shall take minutes of all its meetings and keep its records. C. The Planning Board 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 resolutions and orders shall be in accordance therewith. D. The Planning Board shall, in accordance with the provisions of this chapter and in accordance with the provisions of Town Law § 271 et seq. hear and determine site plan approval requests, special permit requests, subdivision applications, and such other matters as may be referred to such Board under this chapter or otherwise. E. The Planning Board, in making any determination shall have the powers granted to Planning Boards by, and shall apply the procedures and criteria set forth in, this chapter, the laws of the State of New York, and any other law, ordinance, or resolution duly adopted at any time by the Town Board or Planning Board. F. In granting site plan approvals, special permits, subdivision approvals, or in taking any other actions in response to any application, the Board may impose upon the applicant such reasonable conditions as are directly related to and incidental to the proposed use of the property or the period of time such special permit or other approval shall be in effect. 270:137 06-15-2007 Chapter DL DISPOSITION LIST §DL-1.Disposition of legislation. The following is a chronological listing of legislation of the Town of Ithaca adopted since the publication of the Code, indicating its inclusion in the Code or the reason for its exclusion. [Enabling legislation which is not general and permanent in nature is considered to be non-Code material (NCM).] Information regarding legislation which is not included in the Code nor on this list is available from the office of the Town Clerk. The last legislation reviewed for the original publication of the Code was L.L. No. 3-2004, adopted 2-9-2004. § DL-1. Disposition of legislation. ' Local Adoption Law No. Date Subject Disposition 3-8-2004 Operation of watercraft Ch. 254 3-8-2004 Stop signs amendment Ch. 250, Art. III 4-2004 3-15-2004 Zoning Map amendment NCM 4-12-2004 Parking amendment Ch. 250, Art. III 5-2004 5-10-2004 Fees amendment Chs. 125 and 153 6-2004 6-7-2004 Subdivision of land amendment Ch. 234 7-2004 7-12-2004 Adoption of Code Ch. 1, Art. I 8-2004 Zoning Map amendment NCM 9-2004 11-4-2004 Water rates amendment Ch. 261 10-2004 12-13-2004 Signs amendment Ch. 221 11-2004 12-13-2004 Special land use districts Ch. 271 amendment 1-2005 1-10-2005 Parking; stop and yield Ch. 250, Art. III intersections amendment 2-2005 4-11-2005 Public Works Department Ch. 59 3-2005 4-11-2005 Environmental quality review Ch. 148 4-2005 4-11-2005 Fees amendment Ch. 153 5-2005 5-9-2005 Zoning amendment Ch. 270 (telecommunications facilities) 6-2005 6-13-2005 Zoning: Special Land Use Ch. 271 Districts amendment 7-2005 8-1-2005 Zoning amendment (agricultural Ch. 270 activities) DL:1 06-15-2007 § DL-1 ITHACA CODE § DL-1 Local Adoption Law No. Date Subject Disposition 8-2005 9-12-2005 Zoning amendment (South Hill Chs. 270; 271 Business Campus) 9-2005 10-17-2005 Fees amendment Chs. 125; 153 1-2006 1-9-2006 Zoning amendment Ch. 270 2-2006 1-9-2006 Zoning Map amendment NCM 3-2006 2-13-2006 Taxation: historic barn exemption Ch. 239, Art. VI 4-2006 2-13-2006 Taxation: exemption for Ch. 239, Art. VI improvements to property made pursuant to Americans with Disabilities Act 5-2006 3-13-2006 Streets and sidewalks: Hanshaw Ch. 230, Art. III Road Walkway 6-2006 3-13-2006 Citizen and staff advisory Ch. 18 committees 7-2006 4-10-2006 Zoning Map amendment NCM 8-2006 5-8-2006 Noise Ch. 184 9-2006 6-12-2006 Zoning amendment Ch. 270 10-2006 9-11-2006 Stormwater management Ch. 228 11-2006 10-16-2006 Zoning amendment (solar Ch. 270 collectors and installations) 12-2006 10-16-2006 Outdoor lighting; signs Chs. 173, 221 and 270 amendment; zoning amendment 13-2006 11-13-2006 Notification of information Ch. 51 security breaches 14-2006 11-13-2006 Zoning amendment Ch. 270 15-2006 12-29-2006 Building construction and fire Ch. 125 prevention 16-2006 12-29-2006 Zoning amendment Ch. 270 17-2006 12-29-2006 Fees amendment Ch. 153 18-2006 12-29-2006 Appearance tickets amendment Ch. 9 1-2007 2-12-2007 Zoning amendment Ch. 270 2-2007 2-12-2007 Taxation: exemption for certain Ch. 239, Art. IV disabled persons with limited incomes amendment 3-2007 2-12-2007 Taxation: senior citizens Ch. 239, Art. I exemption amendment 4-2007 3-12-2007 Zoning amendment Ch. 270 DL:2 06- 15-2007 GENERAL CODE INSTRUCTIONS Town of Ithaca Code Supplement No. 11 The enclosed new and/or replacement pages should be placed in your Code volume immedi- ately! The dateline, on the bottom of the page, does not indicate the adoption date of the Code changes,but rather identifies the pages printed with this supplement. This instruction page should be placed in the front of your Code volume. REMOVE INSERT 270:1 —270:6 270:1 —270:6 270:9—270:10 270:9—270:10 270:10.1 270:17—270:20 270:17—270:20 270:20.1 270:25—270:26 270:25—270:26 270:26.1 270:31—270:34 270:31 —270:34 270:34.1 270:39—270:40 270:39—270:40 270:40.1 270:47—270:48 270:47—270:48 270:48.1 270:53—270:54 270:53—270:54 270:57—270:60 270:57—270:60 270:60.1 270:60.1 270:63—270:64 270:63—270:64 270:64.1 270:67—270:68 270:67—270:68 270:79—270:82 270:79—270:82 270:82.1 270:85—270:86 270:85—270:86 270:126.7 270:126.7—270:126.8 271:1 —271:2 271:1—271:2 271:19—271:24 271:19—271:24 271:24.1 DL:1 —DL:2 DL:1 —DL:3 Index Pages 1—23 Index Pages 1 —24 Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 5-2007; 6- 2007; 7-2007; 8-2007. 09-15-2007 Chapter 270 ZONING ARTICLE I §270-15. Accessory buildings and uses Title authorized by special approval only. §270-1. Title. §270.16. Height limitations. ARTICLE II §270-17. Yard regulations. Purpose §270-18. Lot coverage. §270-19. Size and area of lot. §270-2. Purpose. §270-20. Clustering. §270-21. Parking. ARTICLE III Terminology §270-22. Additional requirements and restrictions. §270-3. Word usage. §270-23. Park and recreation setasides §270-4. Controlling regulation. and fees in lieu thereof. §270-5. Definitions. §270-24. Site plan approval. ARTICLE IV ARTICLE VI Establishment of Zones Agricultural Zones §270-6. Enumeration of zones. §270-25. Purpose. §270-7. Continuation of special land §270-26. Permitted principal uses. use districts. §270-27. Principal uses authorized by §270-8. Zone boundaries. special permit only. §270-9. Prohibition of uses. §270-28. Principal uses authorized by special approval only. ARTICLE V §270-29. Permitted accessory Conservation Zones buildings and uses. §270-30. Accessory buildings and uses §270-10. Purpose. authorized by special §270-11. Permitted principal uses. approval only. §270-12. Principal uses authorized by §270-31. Height limitations. special permit only. §270-32. Yard regulations. §270-13. Additional requirements for §270-33. Building area. special permit. §270-34. Size and area of lot. §270-14. Permitted accessory §270-35. Density limitations and buildings or uses. limitations on subdivision of parent tracts. 270:1 09-15-2007 ITHACA CODE §270-36. Parking. §270-58. Accessory buildings and uses §270-37. Additional special authorized by special permit requirements. only. §270-38. Site plan approval. §270-59. Height limitations. §270-39. Right to farm. §270-60. Yard regulations. §270-61. Building area. ARTICLE VII §270-62. Size and area of lot. Lakefront Residential Zones §270-63. Special properties. §270-40. Purpose. §270-64. Parking. §270-41. Permitted principal uses. ARTICLE IX §270-42. Principal uses authorized by Medium Density Residential Zones special permit only. §270-43. Permitted accessory §270-65. Purpose. structures and uses. §270-66. Permitted principal uses. §270-44. Accessory buildings and uses §270-67. Principal uses authorized by authorized by special special permit only. approval only. §270-68. Permitted accessory §270-45. Accessory structures and buildings and uses. uses authorized by special permit only. §270-69. Accessory buildings and uses authorized by special §270-46. Height limitations. approval only. §270-47. Yard regulations. §270-70. Height limitations. §270-48. Building area. §270-71. Yard regulations. §270-49. Size and area of lot. §270-72. Building area. §270-50. Special properties. §270-73. Size and area of lot. §270-51. Parking. §270-74. Special properties. §270-52. Special requirements. §270-75. Parking. ARTICLE VIII ARTICLE X Low Density Residential Zones High Density Residential Zones §270-53. Purpose. §270-76. Purpose. §270-54. Permitted principal uses. §270-77. Permitted principal uses. §270-55. Principal uses authorized by §270-78. Principal uses authorized by special permit only. special permit only. §270-56. Permitted accessory §270-79. Permitted accessory buildings and uses. buildings and uses. §270-57. Accessory buildings and uses authorized by special approval only. 270:2 09-15-2007 ZONING §270-80. Accessory buildings and uses §270-106. Yard regulations. authorized by special §270-107. Building area. approval only. §270-81. Height limitations. §270-108. Minimum usable open space. §270-109. Size and area of lot. §270-82. Yard regulations. §270-110. Parking. §270-83. Building area. §270-111. Additional special §270-84. Size and area of lot. requirements. §270-85. Special properties. §270-112. Site plan approval. §270-86. Parking. ARTICLE XIII ARTICLE XI Commercial Zones Generally Mobile Home Park Zones §270-113. Purpose. §270-87. Purpose. §270-114. Permitted accessory uses. §270-88. Minimum area. §270-115. Minimum area for §270-89. Permitted principal uses. commercial zone. §270-90. Principal uses authorized by §270-116. Height limitations. special permit only. §270-117. Yard regulations. §270-91. Permitted accessory uses. §270-118. Building area. §270-92. (Reserved) §270-119. Minimum usable open space. §270-93. Height limitations. §270-120. Size and area of lot. §270-94. Yard regulations. §270-121. Parking. §270-95. Building area. §270-122. Additional special §270-96. Lot area. requirements. §270-97. Special requirements. §270-123. Drive-through operations. §270-98. Site plan approvals. §270-124. Site plan approval. ARTICLE XII ARTICLE XIV Multiple Residence Zones Neighborhood Commercial Zones §270-99. Purpose. §270-125. Purpose. §270-100. Permitted principal uses. §270-126. Permitted principal uses. §270-101. Permitted accessory §270-127. Principal uses authorized by buildings and uses. special permit only. §270-102. Principal uses authorized by §270-128. Maximum building size. special permit only. §270-103. (Reserved) §270-104. Minimum area for multiple residence zone. §270-105. Height limitations. 270:3 09-15-2W ITHACA CODE ARTICLE XV §270-145. Adult entertainment uses Office Park Commercial Zones authorized by special approval only. §270-129. Purpose. §270-146. Permitted accessory §270-130. Permitted principal uses. buildings and uses. §270-131. Principal uses authorized by §270-147. Minimum area for a light special permit only. industrial zone. §270-132. Additional permitted §270-148. Height limitations. accessory uses. §270-149. Yard regulations. ARTICLE XVI §270-150. Building area. Community Commercial Zones §270-151. Minimum usable open space. §270-152. Size and area of lot. §270-133. Purpose. §270-153. Parking. §270-134. Permitted principal uses. §270-154. Additional special §270-135. Principal uses authorized by requirements. special permit only. §270-155. Performance standards. §270-156. Site plan approval. ARTICLE XVII Vehicle Fueling and Repair Commercial ARTICLE XX Zones Industrial Zones §270-136. Purpose. §270-157. Purpose. §270-137. Permitted principal uses. §270-158. Permitted principal uses. §270-138. Principal use authorized by §270-159. Prohibited uses. special permit only. §270-160. Permitted accessory ARTICLE XVIII buildings and uses. Lakefront Commercial Zones §270-161. Placement of accessory structures. §270-139. Purpose. §270-162. Minimum area for an §270-140. Permitted principal uses. industrial zone. §270-141. Principal uses authorized by §270-163. Height limitations. special permit only. §270-164. Yard regulations. §270-142. - Accessory uses authorized by §270-165. -Building area. special permit only. §270-166. Minimum usable open space. §270-142.1.Additional yard regulations. §270-167. Size and area of lot. ARTICLE XIX §270-168. Parking. Light Industrial Zones §270-169. Additional special requirements. §270-143. Purpose. §270-170. Performance standards. §270-144. Permitted principal uses. 270:4 09-15-200 ZONING §270-171. Site plan approval. §270-192. Letter of credit. §270-193. Completion of ARTICLE XXI improvements. Planned Development Zones §270-194. Expiration of site plan approval. §270-172. Purpose. §270-173. Establishment and location. ARTICLE XXIV §270-174. Permitted principal and Special Permits and Special Approvals accessory uses. §270-175. Additional requirements. §270-195. Purpose. §270-176. Minimum area for Planned §270-196. Requirement preceding Development Zone. issuance of building permit §270-177. Yard and other regulations. or certificate of occupancy. §270-178. Site plan approval. §270-197. Applicability. §270-198. Procedure. ARTICLE XXII §270-199. Waiver of requirements. Procedures for Creation of New Zones §270-200. Considerations for approval. §270-201. Modifications of special §270-179. Zones to which applicable. permits or special approvals. §270-180. General provisions. §270-202. Expiration of special permit §270-181. Procedures for creation of a or special approval. zone. ARTICLE XXV ARTICLE XXHI Nonconforming Uses Site Plan Review and Approval Procedures §270-203. Nonconforming lots of record. §270-182. Purpose. §270-204. Nonconforming uses of land. §270-183. Site plan required prior to §270-205. Nonconforming structures. building permit or certificate of occupancy. §270-206. Nonconforming uses of structures. §270-184. Applicability. §270-185. Procedure. §270-207. Interruption of nonconforming use. §270-186. Site plan requirements. §270-208. Dwellings on nonconforming §270-187. Waiver of requirements. lots. §270-188. Considerations for approval. §270-209. Continuation of construction. §270-189. Limitations on construction. §270-210. Alterations in use. §270-190. Reservation of parkland on §270-211. Restoration. site plans containing §270-212. Board of Appeals residential units. determination. §270-191. Modifications of site plans. 270:5 09-15-2007 ITHACA CODE §270-213. Variance criteria. §270-224. Projections in yards. §270-214. Amortization of certain §270-225. Reduction of lot area. nonconforming uses relating §270-226. More than one building on a to pre-1991 residential lot. occupancies. §270-227. Parking facilities. §270-214.1.Nonconforming farms in Medium Density Residential §270-228. Approval of County Health Department. Zones. §270-229. Abandoned cellar holes and ARTICLE XXVI buildings. Special Regulations §270-230. Agricultural lands in County Agricultural Districts. §270-215. Mobile homes and trailers. §270-216. Elder cottages. ARTICLE XXVIII §270-217. Extraction or deposit of fill Administration and related products. §270-231. Enforcement. §270-218. Limitations on vehicle repair garages and gasoline sales §270-232. Applications for approvals, remedies or relief. stations. §270-219. Telecommunications §270-233. Permit to build. facilities. §270-234. Certificate of occupancy. §270-219.1.Solar collectors and §270-235. Zoning Board of Appeals. installations. §270-236. Planning Board. §270-219.2.Limitations on home §270-237. Posting of notices. occupations. §270-238. Entry and inspection. §270-219.3.Amateur radio facilities. §270-239. Violations and penalties. ARTICLE XXVII §270-240. Amendments. General Provisions §270-241. Validity. §270-242. Existing Zoning Ordinance §270-220. Building floor area. amended, readopted and §270-221. Side yard on corner lot. reenacted. §270-222. Porches and carports. §270-243. Fees. §270-223. Fences and walls. §270-244. Effective date. §270-245. Transition provisions. [HISTORY: Adopted by the Town Board of the Town of Ithaca 12-8-2003 by L.L. No. 7-2003. Amendments noted where applicable.] 270:6 09-15-2007 § 270-5 ZONING § 270-5 (1) Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, slides or other visual representations, which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, or (2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. C. Adult cabarets meaning any nightclub, bar (including establishments which do not serve alcoholic beverages), restaurant, or similar establishment, which regularly features live performances characterized by exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes, slides or other photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. D. Adult motion-picture theater where, for any form of consideration, films, motion pictures, video cassettes, slides or other photographic reproductions are regularly shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. E. Adult theater meaning a theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances in which a substantial portion of the total presentation time is devoted to the exposure of specified sexual activities or specified anatomical areas. F. Massage parlor where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment or manipulation of the human body is administered, unless by a medical practitioner, chiropractor, acupuncturist, physical therapist, licensed massage therapist, or similar professional person licensed by the state. This definition shall not be deemed to include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service. G. Peep show where, for any form of consideration, persons may observe from individual enclosures shows which regularly feature live performances characterized by exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes, slides, computer generated images, or other photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. ALTERATION— A. As applied to a building or structure: (1) An enlargement by increasing in height or by extending on a side, front, or back; (2) Moving from one location or position to another; (3) Any change, addition, or removal of the structural parts; or 270:9 09-15-2007 § 270-5 ITHACA CODE § 270-5 (4) Any change, addition, or removal of partitions, or any change in walls, ceiling, windows, or doors. B. The term "ALTER," in its various modes and tenses and its participial form, refers to the making of an alteration. AMATEUR RADIO FACILITIES— Structures and equipment used by amateur radio operators who are licensed by the Federal Communications Commission, including antennas, towers, rotors, mounts, guy wires and anchors, but this term shall not include mobile equipment that is contained in a car or other motor vehicle or is completely portable and not affixed in any manner to realty (the exception for mobile equipment does not extend to any antennas attached, directly or indirectly, such as on a tower or other structure, to realty or to other facilities used in connection with such mobile equipment). [Added 8-13-2007 by L.L. No. 7-20071 BASEMENT— That space of a building that is partly below grade which has half, or more than half, of its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building. BED-AND-BREAKFAST— A building originally built and used as a dwelling other than a hotel or motel in which accommodations for transients are regularly offered for compensation and which accommodations include provision of at least one meal, and in which building no more than four bedrooms are utilized for such accommodations. BUILDING— A structure having a roof supported by columns or by walls and intended for shelter, housing, protection or enclosure of persons, animals or property. BUILDING, ACCESSORY— A detached building subordinate and clearly incidental to the principal building on the same lot and used for purposes customarily incidental to those of the principal building. BUILDING AREA— The total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps. BUILDING CODE— The New York State Uniform Fire Prevention and Building Code (9 NYCRR Part 600 et seq.) as the same may be amended from time to time, and any successor regulations, laws or codes. BUILDING LINE— The line formed by the intersection of the vertical plane that coincides with the most projected exterior point of a building on any side and the ground. Front, side, and rear building lines are respectively the building lines closest to the highway right-of-way, side property line and rear property line. BUILDING, PRINCIPAL— A building within which is conducted the primary uses of the lot on which the building is located. CATERER— A person or enterprise that prepares food for hire for consumption predominantly off premises. 270:10 09-15-2007 § 270-5 ZONING § 270-5 CELLAR— That space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling,below the average finished grade of the ground adjoining the building. CHILD DAY-CARE CENTER— A facility, home, or other establishment defined as a child day-care center in § 390 of the Social Services Law providing child care for seven or more children for hire licensed by the New York State Department of Social Services at which day care is provided for hire, and which is not a school, day-care home, family day-care home, or group family day-care home. (See also "day-care home," "family day-care home," "group family day-care home.") 270:10.1 09-15-2007 § 270-5 ZONING § 270-5 additional cubic capacity. A mobile home may also be designed as two or more separately towable components designed to be joined into one integral unit capable of again being separated into the components for repeated towing. This definition excludes travel or camping trailers towed by a motor vehicle and neither wider than eight feet nor longer than 32 feet. Self-propelled motor homes, or modular housing which is not built with an integral chassis and which must be transported on a separate vehicle from factory to housing site are also excluded from this definition. A mobile home shall be considered a one-family dwelling only for purposes of determining the number of occupants permitted. MOBILE HOME LOT— A parcel of land used for the placement of a single mobile home and the exclusive use of its occupants. A mobile home lot shall be located in a mobile home park as defined by this chapter. MOBILE HOME PARK— A parcel of land owned by an individual, partnership, or corporation which has been planned and improved for the placement of mobile homes. MOBILE HOME STAND— That part of an individual mobile home lot which has been reserved and improved for the placement of the mobile home, appurtenant structures and additions. MULTIPLE-FAMILY DWELLING— A building or group of buildings on one lot containing three or more dwelling units. NATURAL AREA— An area of land designated as a Critical Environmental Area, Unique Natural Area, or other similar environmental designation in accordance with regulations promulgated by the New York State Department of Environmental Conservation or any similar successor state agency, or by any other federal, state, or local governmental unit, and any area specifically designated as a Significant Natural Area by the Town Board of the Town of Ithaca after notice to the owner or owners of the area and a public hearing on such designation. NONCONFORMING USE— A use of land existing at the time of enactment of this chapter and its amendments which does not conform to the zoning regulations of the district in which it is situated. NURSERY— A lot or structure where trees, shrubs, flowering and other plants are cultivated, grown or stored and sold. NURSING OR CONVALESCENT HOME— A building other than a hospital where sick or infirmed persons are lodged, furnished with meals and nursing care for hire and licensed by the State of New York. ONE-FAMILY DWELLING— A detached building containing a single dwelling unit. ORDINARY HIGH WATER LINE— The line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. [Added 9-10-2007 by L.L. No. 8-2007] 270:17 09-15-2007 § 270-5 ITHACA CODE § 270-5 PARKING SPACE— An area for the temporary parking of a motor vehicle 180 square feet in size exclusive of the parking lot circulation areas. PUBLIC PARKING GARAGE— A garage or other structure used for the parking of automobiles for the public for a fee on an itinerant basis. QUALIFIED SOLAR INSTALLER— A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. Persons who are not on NYSERDA's list of eligible installers or NABCEP's list of certified installers may be deemed to be qualified solar installers if the Town determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts. [Added 10-16-2006 by L.L. No. 11-2006] SEQR— Article eight of the New York State Environmental Conservation Law, or any similar successor statute, together with any state regulations (presently six NYCRR Part 617) and local regulations promulgated thereunder. SHORELINE— The mean high-water elevation of Cayuga Lake along the shore. SOLAR COLLECTOR— A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat. [Added 10-16-2006 by L.L. No. 11-2006] SOLAR STORAGE BATTERY— A device that stores energy from the sun and makes it available in an electrical form. [Added 10-16-2006 by L.L. No. 11-2006] SPECIFIED ANATOMICAL AREAS— The following areas of the human body: A. Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and B. Human male genitals in a discernible turgid state even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES— The following activities: A. Human genitals in a state of sexual stimulation or arousal; or B. Acts of human masturbation, sexual intercourse or sodomy; or C. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast. 270:18 09-15-2W § 270-5 ZONING § 270-5 STREET LINE or HIGHWAY RIGHT-OF-WAY LINE— The limit of the right-of-way of a street, road or highway. Where the word "street" appears this also means highway or road. STORAGE— The outdoor accumulation or laying-up of manufactured products or raw materials, or the keeping of one or more pieces of movable equipment other than pleasure automobiles. STRUCTURE— Anything that is constructed or erected on the ground or upon another structure or building. "Structure" also includes anything that is constructed or erected underground and projects up to the ground surface or above, or anything that is constructed or erected wholly underground other than utility lines, septic and water systems, or other similar types of underground construction wholly ancillary to a principal building or structure on the premises. "Structure" also includes constructed parking spaces. The term "structure" includes a building. There is excluded from the term "structure," however, underground graves, vaults or other underground facilities for the interment of bodies. TELECOMMUNICATIONS FACILITY— Any equipment, other than: (A.) equipment used by amateur radio licensees regulated by the Federal Communications Commission; or (B.) equipment that is used by a governmental unit or agency that is statutorily expressly exempt from regulation by the Town of Ithaca; or (C.) mobile equipment that is contained in a car or other motor vehicle or is completely portable and not affixed in any manner to realty [the exception for mobile equipment does not extend to any antenna(s) attached, directly or indirectly, such as on a tower or other structure, to realty or to other facilities used in connection with such mobile equipment]; or (D.) devices covered by the Federal Communication Commission's over-the-air reception devices rule, found at 47 C.F.R. Section 1.4000; or (E.) antennas that are not licensed by the Federal Communications Commission and are one meter or less in diameter or diagonal measurement or(for whip antennas) are one meter or less in length and no more than three inches thick; used in connection with the provision of two-way communication services of which at least one of the directions of communications is wireless, including cellular telephone services, personal communications services, private radio communications services, fire and emergency communications, and any other private or public radio communications transmissions regulated by the Federal Communications Commission in accordance with the Telecommunications Act of 1996 and other federal laws. Such uses shall include private commercial uses as well as public uses. A telecommunications facility shall include monopole, guyed, or latticework tower(s), as well as antenna(s), switching stations, principal and accessory telecommunications equipment and supporting masts, wires, structures and buildings. [Amended 5-9-2005 by L.L. No. 5-2005] TWO-FAMILY DWELLING— A detached building containing two dwelling units. VEHICLE REPAIR GARAGE— A facility at which the principal activity is the servicing or repairing of motor vehicles for hire. Such facilities include but are not limited to mechanic's shops, speedy-type oil and lubrication facilities, and muffler and brake repair facilities. YARD— An open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise permitted herein. YARD, FRONT— The yard between the street right-of-way line and the front facade of the principal building, extended from each rearmost exterior corner of the front facade to the adjacent side lot line. [Amended 8-13-2007 by L.L. No. 6-2007] 270:19 09-15-2007 § 270-5 ITHACA CODE § 270-6 YARD, REAR— The yard between the rear lot line and the rear facade of the principal building, extended from each most forwardly exterior corner of the rear facade to the adjacent side lot line." [Amended 8-13-2007 by L.L. No. 6-2007] YARD, SIDE— The yard between the principal building and a side lot line, but excluding a front yard or rear yard. [Amended 8-13-2007 by L.L. No. 6-2007] ARTICLE IV Establishment of Zones §270-6. Enumeration of zones. A. For the purpose of this chapter the Town of Ithaca is hereby divided into the following types of zones (also sometimes hereinafter referred to as "districts"): [Amended 8-1-2005 by L.L. No.7-20051 Conservation Zones Agricultural Zones Lakefront Residential Zones Low Density Residential Zones Medium Density Residential Zones High Density Residential Zones Mobile Home Park Zones Multiple Residence Zones Neighborhood Commercial Zones Office Park Commercial Zones Community Commercial Zones Vehicle Fueling and Repair Commercial Zones Lakefront Commercial Zones Light Industrial Zones Industrial Zones Planned Development Zones Areas of Special Flood Hazard Special Land Use Districts (Limited Mixed Use) - In accordance with and pursuant to Local Law No. 2-1984 Special Land Use District No. 1 - In accordance with and pursuant to Local Law No. 3-1984 [Wiggins] Special Land Use District No. 2 - In accordance with and pursuant to Local Law No. 4-1984 [Sapsucker Woods] Special Land Use District No. 3 (Limited Mixed Use) - In accordance with and pursuant to Local Law No. 4-1986 [Biggs Complex] 270:20 09-15-2007 § 270-6 ZONING § 270-6 Special Land Use District No. 4 (Limited Mixed Use) - In accordance with and pursuant to Local Law No. 1-1987 as amended by Local Law No. 2-2002 [Statler West] Special Land Use District No. 5 (Limited Mixed Use) - In accordance with and pursuant to Local Law No. 2-1988 [Chamber of Commerce] Special Land Use District No. 7 (Limited Mixed Use) - In accordance with and pursuant to Local Law No. 1-1994 [Ithacare] Special Land Use District No. 8 (Limited Mixed Use) - In accordance with and pursuant to Local Law No. 1-1995 as amended by Local Law No. 4-2001 [Ecovillage] Special Land Use District No. 9 (Limited Mixed Use) - In accordance with and pursuant to Local Law No. 14-1995 [Cornell Precinct 71 Special Land Use District No. 10 (Limited Mixed Use) - In accordance with and pursuant to Local Law No. 6-1998 [Sterling House/Sterling Cottage] Special Land Use District No. 11 (Limited Mixed Use) - In accordance with and pursuant to Local Law No. 7-1998 [Cornell Chilled Water Plant] Planned Development Zone No. 12 - In accordance with and pursuant to Local Law No. 8-2005 [South Hill Business Campus] B. Said districts are set forth on the map accompanying this chapter, Town of Ithaca Zoning Map (the "Zoning Map"), dated August 25, 2003, and signed by the Town Clerk. Said 270:20.1 09-15-2W § 270-14 ZONING § 270-15 D. Day-care homes, family day-care homes, and group family day-care homes. E. Adult day-care facilities serving no more than four clients at any one time. F. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. G. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3. [Added 8-13-2007 by L.L. No. 7-2007] §270-15. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in a Conservation Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Elder cottages. B. A second dwelling unit in a building other than the principal building, provided that: (1) All of the general criteria set forth elsewhere in this chapter for the issuance of a special approval have been satisfied; (2) The location of the second dwelling, and the building in which it is located, does not adversely impact in any significant manner the adjoining neighbors; (3) The building containing such second dwelling is located at least 50 feet from any side boundary of the lot, and is not constructed in any required front yard; (4) There is adequate off-street parking for the proposed number of occupants, including occupants of both the principal building and the dwelling unit for which special approval is sought; (5) The floor area of the second dwelling (inclusive of floor area on all floors dedicated to such dwelling) does not exceed 50% of the floor area of the primary dwelling on the lot; (6) The second dwelling is located in a building that is accessory to the principal dwelling; (7) The building containing the primary dwelling does not contain more than one dwelling; and (8) There are no elder cottages or other buildings on the lot containing dwellings other than the building containing the primary dwelling and the building for which special approval is sought. 270:25 09-15-2007 § 270-16 ITHACA CODE § 270-19 §270-16. Height limitations. Except as may be specifically otherwise authorized in this chapter, in Conservation Zones no nonagricultural building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, and no nonagricultural structure other than a building shall exceed 30 feet in height. Nonagricultural accessory buildings shall in no case exceed 15 feet in height. §270-17. Yard regulations. Except as may be specifically otherwise authorized in this chapter, in Conservation Zones yards of at least the following dimensions are required: A. Front yard: Not less than the average depth of the front yards of building immediately adjacent. However, except for roadside stands authorized by § 270-11, the front yard shall not be less than 50 feet nor need it be greater than 75 feet in depth. B. Rear yard: Not less than 200 feet in depth. C. Side yards: Each not less than 50 feet. D. Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard provisions. E. Buffer areas: The foregoing requirements may include any required buffer areas and shall not be in addition to any required buffer areas. F. Accessory buildings: In Conservation Zones accessory buildings other than garages may not occupy any open space other than a rear yard. The total lot area covered by nonagricultural accessory buildings may not occupy more than 1,000 square feet of any required rear yard and shall be not less than 50 feet from any side or rear lot line. §270-18. Lot coverage. The maximum building area shall not exceed 10% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. For the purposes of this zone, roads, driveways, parking areas, and other paved areas shall be considered buildings in computing the percentage of lot coverage. §270-19. Size and area of lot. Lots in Conservation Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least seven acres; and B. Minimum lot width at the street line shall be 300 feet; and C. Minimum width at the maximum required front yard setback line (75 feet from the street line) shall be 300 feet; and 270:26 09-15-2om § 270-19 ZONING § 270-19 D. Minimum depth from the street line shall be 450 feet. 270:26.1 09-15-2007 § 270-26 ZONING § 270-27 (1) One family, or (2) One family plus no more than one boarder, roomer, lodger, or other occupant. G. A two-family dwelling provided that: (1) Each dwelling unit is occupied by no more than one family; and (2) The floor area of the second dwelling unit is not more than 50% of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed entirely within the basement area, it may exceed 50%. H. Publicly owned park or playground including accessory buildings and improvements. I. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to residences in the district in which the substations or similar structures are constructed. J. Day-care homes, family day-care homes and group family day-care homes. K. Community residence. L. Forest management and other forest resource uses, including the harvesting of timber in conformance with environmentally sound forestry practices. M. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3. [Added 8-13-2007 by L.L. No. 7-2007] §270-27. Principal uses authorized by special permit only. The following uses are permitted in an Agricultural Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Retail sales related to agricultural operations. (1) Except as permitted as of right in the preceding section retail sales of machinery, products, supplies, or produce primarily related to, or derived from, agricultural operations subject to the following limitations: (a) Any building devoted to such activity may be no larger than 4,000 square feet; (b) No more than six persons may be engaged in or employed by the activity; (c) No more than three acres, inclusive of building, parking, driveways, well, septic system and other ancillary facilities, be dedicated to the use; (d) No outside storage other than temporary day-time only display of products, unless otherwise authorized by the Planning Board. 270:31 09-15-2007 § 270-27 ITHACA CODE § 270-27 (2) In determining whether to grant such authorization, the Planning Board shall consider, in addition to other criteria set forth in this chapter, that: (a) The nature of the business generally requires outside storage; (b) There is adequate space on the lot for the proposed storage; (c) The premises are screened or otherwise buffered so that the outside storage does not adversely impact the neighboring properties and property owners; and (d) The proposed outside storage will not adversely affect the character of the surrounding neighborhood. B. Veterinary offices or hospitals. C. Church or other places of worship, convent and parish house. D. Cemetery and the buildings and structures incident thereto. E. Public, parochial and private schools, public library, public museum, nursery school, and any institution of higher learning relating to agricultural pursuits. F. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. G. Golf course or driving range with related facilities such as clubhouse, restaurant, and pro shop. H. Cross-country ski center with related facilities such as lodge, ski shop and restaurant. I. Commercial composting facility where composting occurs for sale, utilizing more than 400 square feet of land in which event the following additional requirements shall apply: (1) The lot on which the facility is located shall be at least two acres in size; (2) The composting facility shall be located at least 100 feet from any roadway and any lot line, except for lot lines adjacent to Residential Zones, in which event the setback from the Residential Zone line shall be increased to 250 feet and shall have a buffer of vegetation or fencing to screen the facility from the Residential Zone; (3) The facility shall be operated in a clean and orderly manner so that it does not create a nuisance to any neighboring property. J. Hunting preserves, lodges, or clubhouses. K. Bed-and-breakfast. L. Television, commercial radio, telecommunication, microwave, satellite or other electronic transmission facility operated pursuant to a license from the Federal Communications Commission or any successor federal or state agency. [Amended 8-13-2007 by L.L. No. 7-2007] 270:32 09-15-2007 § 270-27 ZONING § 270-29 M. Research facilities principally dedicated to research in agriculture or animal husbandry. [Amended 8-1-2005 by L.L. No. 7-20051 N. Farm retreat. O. Adult day-care facilities serving no more than four clients at any one time. §270-28. Principal uses authorized by special approval only. The following uses are permitted in an Agricultural Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Mining, subject to the following requirements in addition to the normal requirements for a special approval: (1) No special approval shall be granted until: (a) The Planning Board approves a site plan for the proposed mining operations; and (b) The appropriate New York State authorities (DEC or other regulatory body) has approved a reclamation plan and the plan and any required security for the performance of the plan has been provided to the State of New York. (2) There shall be a buffer area of at least 100 feet around the perimeter of the mined area between the mined area and any surrounding property, such buffer to consist of natural vegetation, plantings, berms, fences, or other screening as deemed reasonable by the Board of Appeals to minimize the auditory and visual impacts of the mining operations on surrounding properties. (3) A fill permit shall be obtained in accordance with the fill permit requirements of this chapter before commencement of any mining operations. (4) Hours of operation shall be limited to business days (days other than weekends and holidays) from 8:00 a.m. to 5:00 p.m. local time unless the applicant, for good cause shown, demonstrates to the Zoning Board of Appeals that special circumstances exist which compel that the times be extended. (5) Notwithstanding the foregoing, if the material to be mined is soil, gravel, or other similar types of fill, up to 50 cubic yards of such product may be mined in any one calendar year without special approval. If more than 50 cubic yards but not more than 250 cubic yards in any one year are being mined, the special approval may be issued by the Director of Engineering of the Town. In all other cases, the special approval shall be obtained as set forth above. §270-29. Permitted accessory buildings and uses. The following accessory buildings or uses are permitted as of right in an Agricultural Zone: 270:33 09-15-2007 § 270-29 ITHACA CODE § 270-30 A. Any farm-related structure not otherwise expressly referred to or limited by any provision in this chapter. B. If the principal use is as a farm, one or more one- or two-family dwellings, subject to the occupancy limitations set forth above for one- and two-family dwellings and subject to the overall density limitations set forth below in § 270-35. C. If the principal use is as one- or two-family dwelling or as a farm with dwellings; a private swimming pool,tennis court, or other similar recreational facility for the principal private use of the occupants of the dwelling. D. If the principal use is as a one- or two-family dwelling, up to three accessory buildings, all such accessory buildings in the aggregate not to exceed a total of 1,500 square feet in size. E. Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article, but subject to provisions of§ 270-227. F. A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area. Such buildings may not be continued for more than one year except upon receipt of a special approval from the Board of Appeals. G. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. H. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. I. Home occupations, subject to the limitations on home occupations set forth in §270-219.2. [Added 2-12-2007 by L.L. No. 1-20071 J. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in §270-219.3. [Added 8-13-2007 by L.L. No. 7-20071 §270-30. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in an Agricultural Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Elder cottages. B. If the property is not used for agricultural purposes, a second dwelling unit in a building other than the principal building on the lot, provided that: (1) All of the general criteria set forth elsewhere in this chapter for the issuance of a special approval have been satisfied; 270:34 09-15-2W § 270-30 ZONING § 270-30 (2) The location of the second dwelling, and the building in which it is located, does not adversely impact in any significant manner the adjoining neighbors; (3) The building containing such second dwelling is located at least 40 feet from any side boundary of the lot, and is not constructed in any required front yard; 270:34.1 09-15-2W § 270-40 ZONING § 270-42 ARTICLE VII Lakefront Residential Zones §270-40. Purpose. The purposes of the Lakefront Residential Zone are to minimize excessive and undesirable development in fragile lakefront areas, to protect the natural beauty and ambiance of the lakeshore in the Town of Ithaca for all of the citizens of the community to enjoy, and to enhance the experience provided to those living near, and those who use, the resource provided by Cayuga Lake. §270-41. Permitted principal uses. Only the following buildings or uses are permitted as a matter of right in a Lakefront Residential Zone: A. A one-family dwelling to be occupied by no more than: (1) One family, or (2) One family plus no more than one boarder, roomer, lodger, or other occupant. B. A two-family dwelling provided that: (1) Each dwelling unit is occupied by no more than one family; and (2) The floor area of the second dwelling unit is not more than 50% of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed entirely within the basement area, it may exceed 50%. C. Publicly owned park or playground including accessory buildings and improvements. D. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to residences in the district in which the substations or similar structures are constructed. E. Day-care homes, family day-care homes and group family day-care homes. F. Community residence. §270-42. Principal uses authorized by special permit only. The following uses are permitted in a Lakefront Residential Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Church or other places of worship, convent and parish house. B. Public library, public museum, and public schools. 270:39 09-15-2M § 27042 ITHACA CODE § 27043 C. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. D. Clubhouse or lodge, provided that no building so used shall be within 100 feet from any street or within 150 feet of the lot line of any adjoining owner or within 200 feet of any lakeshore. E. Bed-and-breakfast. §270-43. Permitted accessory structures and uses. The following accessory structures or uses are permitted as of right in a Lakefront Residential Zone: A. Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article, but subject to provisions of §270-227 and further subject to the requirement that no vehicle parking shall occur within 100 feet of any shoreline. B. Where the principal use is as a one- or two-family dwelling, private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the occupants of the dwelling. C. Up to two accessory storage buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size. D. A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area. Such buildings may not be continued for more than one year except upon receipt of a special approval from the Board of Appeals. E. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. F. Adult day-care facilities serving no more than four clients at any one time. G. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. H. Home occupations, subject to the limitations on home occupations set forth in §270-219.2. [Added 2-12-2007 by L.L. No. 1-2007] I. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in §270-219.3. [Added 8-13-2007 by L.L. No. 7-20071 270:40 09-15-2007 § 270-44 ZONING § 270-44 §270-44. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in a Lakefront Residential Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: 270:40.1 09-15-2W § 270-54 ZONING § 270-55 E. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to residences in the district in which the substations or similar structures are constructed. F. Day-care homes, family day-care homes and group family day-care homes. G. Community residence. H. Any lawful farm purpose, including usual farm buildings and structures, but excluding rendering plants, on lands the principal use of which is as a farm and which are located within a county agricultural district created under the provisions of Article 25-AA of the New York State Agriculture and Markets Law, notwithstanding the provisions of Subsection C above and regardless of the size of the lot, provided that such use is in compliance with all other provisions, such as yard regulations, building area, and other provisions governing Low Density Residential Zones. [Added 8-1-2005 by L.L. No. 7-2005] §270-55. Principal uses authorized by special permit only. The following uses are permitted in a Low Density Residential Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Church or other places of worship, convent and parish house. B. Cemetery and the buildings and structures incident thereto. C. Public, parochial and private schools, public library, public museum, day-care center, nursery school, and any institution of higher leaming including dormitory accommodations. D. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. E. Golf course, driving range or miniature golf course. F. Clinic and nursing or convalescent home, provided that no building so used shall be within 100 feet from any street or within 150 feet of the lot line of any adjoining owner. G. Clubhouse or lodge, provided that no building so used shall be within 100 feet from any street or within 150 feet of the lot line of any adjoining owner. H. Bed-and-breakfast. I. Equestrian facility, provided that adequate provision is made to prevent nuisance to adjoining residences and provided: (1) The lot size is at least two acres (three acres if public sewers are not available); (2) There is a nonoccupied and nonused buffer of at least 50 feet around the perimeter of the lot; 270:47 09-15-2007 § 270-55 ITHACA CODE § 270-56 (3) Any building in which farm animals are kept shall be at least 100 feet from any lot line or street line; and (4) No manure shall be stored within 100 feet of any lot line or street line. §270-56. Permitted accessory buildings and uses. The following accessory buildings or uses are permitted as of right in a Low Density Residential Zone: A. Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article, but subject to provisions of§ 270-227. B. Where the principal use is as a one- or two-family dwelling, private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the occupants of the dwelling. C. Up to three accessory buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or larger, in which event the aggregate area of the accessory building may not exceed 2,000 square feet. D. A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area. Such buildings may not be continued for more than one year except upon receipt of a special approval from the Board of Appeals. E. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. F. The keeping of domestic animals in accessory buildings, provided that no such building shall be nearer than 30 feet to any lot line of any adjoining owner, and further provided that there shall be no raising of fur-bearing animals, or kennels for more than three dogs over six months old. G. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. H. A roadside stand or other structure, not exceeding 500 square feet of enclosed space, for the display and sale of farm or nursery products related to farming and as a seasonal convenience to the owner or owners of the land. The majority of the products sold at such stand shall be, or be derived from, products produced on the farm on which the roadside stand is located. Any such stand shall be located a minimum of 30 feet from the street line, in such a manner as to permit safe access and egress for automobiles, and parking off the highway right-of-way. I. Adult day-care facilities serving no more than four clients at any one time. J. Home occupations, subject to the limitations on home occupations set forth in §270-219.2. [Added 2-12-2007 by L.L. No. 1-2007] 270:48 09-15-2007 § 270-56 ZONING § 270-56 K. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in §270-219.3. [Added 8-13-2007 by L.L. No. 7-2007] 270:48.1 09-15-2007 § 270-68 ZONING § 270-69 G. Adult day-care facilities serving no more than four clients at any one time. H. Horne occupations, subject to the limitations on home occupations set forth in §270-219.2. [Added 2-12-2007 by L.L. No. 1-2007] I. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3. [Added 8-13-2007 by L.L. No. 7-2007] §270-69. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in a Medium Density Residential Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Elder cottages pursuant to, and subject to, the provisions of§ 270-216 of this chapter. B. A second dwelling unit in a building other than the principal building, provided that:6 (1) All of the general criteria set forth elsewhere in this chapter for the issuance of a special approval have been satisfied; (2) The location of the second dwelling, and the building in which it is located, does not adversely impact in any significant manner the adjoining neighbors; (3) The building containing such second dwelling is located at least 15 feet from any side boundary of the lot, and is not constructed in any required front yard; (4) There is adequate off-street parking for the proposed number of occupants, including occupants of both the principal building and the dwelling unit for which special approval is sought; (5) The floor area of the second dwelling (inclusive of floor area on all floors dedicated to such dwelling) does not exceed 50% of the floor area of the primary dwelling on the lot; (6) The second dwelling is located in a building that is accessory to the principal dwelling; (7) The building containing the primary dwelling does not contain more than one dwelling; and (8) There are no elder cottages or other buildings on the lot containing dwellings other than the building containing the primary dwelling and the building for which special approval is sought. C. The keeping of domestic animals in accessory buildings, provided that: (1) The lot on which such accessory building is located is at least two acres in size unless the Zoning Board of Appeals requires a larger lot in order to prevent 6. Editor's Note:Former Subsection B,Home occupation,was repealed 2-12-2007 by L.L.No.1-2007.This local law also provided for the renumbering of former Subsections C and D as Subsections B and C,respectively. 270:53 09-15-2007 § 270-69 I THACA CODE § 270-71 adverse effects on the adjacent or surrounding neighbors, in which event the lot size shall be the minimum reasonably established by such Board; and (2) No such accessory building shall be nearer than 30 feet to any lot line of any adjoining owner; and (3) There shall be no raising of fur-bearing animals, or kennels for more than three dogs over six months old. §270-70. Height limitations. In Medium Density Residential Zones, no building shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. Accessory buildings shall in no case exceed 15 feet in height. §270-71. Yard regulations. In Medium Density Residential Zones yards of at least the following dimensions are required: A. Front yard: Not less than the average depth of the front yards of buildings on lots immediately adjacent. However, the front yard depth shall not be less than 25 feet or need it be greater than 50 feet. B. Rear yard: Not less than 30 feet in depth. C. Side yards: Each not less than 15 feet in width, except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be 10 feet from a side line which is not a street line. D. Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard provisions. E. Accessory buildings: In Medium Density Residential Zones accessory buildings other than garages may not occupy any open space other than a rear yard. Accessory buildings, in the aggregate, may occupy not more than 40% of any required rear yard and, if other than a garage, shall be not less than three feet from any side or rear lot line. Notwithstanding the foregoing, a private garage that serves dwellings on two separate lots may be built across a common lot line with a party wall by mutual agreement between adjoining property owners provided that there is at least one garage bay on each lot. Any accessory building on a corner lot shall not be less than five feet from the rear lot line. Where the average natural slope of a lot exceeds 8% rise or fall directly from the street line, a private garage not over one story in height and housing not in excess of two cars may be located in the front or side yard not less than five feet from said street line upon receiving a special approval from the Board of Appeals. 270:54 09-15-2007 § 270-79 ZONING § 270-80 §270-79. Permitted accessory buildings and uses. The following accessory buildings or uses are permitted as of right in a High Density Residential Zone: A. Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article, but subject to provisions of§ 270-227 of this chapter. B. Where the principal use is as a one- or two-family dwelling, private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the occupants of the dwelling. C. Up to three accessory buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or larger, in which event the aggregate area of the accessory building may not exceed 2,000 square feet. D. A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area. Such buildings may not be continued for more than one year except upon receipt of a special approval from the Board of Appeals. E. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. F. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. G. Home occupations, subject to the limitations. on home occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-20071 H. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in §270-219.3. [Added 8-13-2007 by L.L. No. 7-2007] §270-80. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in a High Density Residential Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Elder cottages pursuant to, and subject to, the provisions of§ 270-216 of this chapter. B. (Reserved) 7. Former Subsection B,Home occupation,was repealed 2-12-2007 by L.L.No.1-2007. 270:57 09-15-tom § 270-81 ITHACA CODE § 270-84 §270-81. Height limitations. In High Density Residential Zones, no building shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. Accessory buildings shall in no case exceed 15 feet in height. §270-82. Yard regulations. In High Density Residential Zones yards of at least the following dimensions are required: A. Front yard: Not less than the average depth of the front yards of buildings on lots immediately adjacent. However, the front yard depth shall not be less than 25 feet or need it be greater than 50 feet. B. Rear yard: Not less than 30 feet in depth. C. Side yards: Each not less than 10 feet in width, except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be seven feet from a side line which is not a street line. D. Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard provisions. E. Accessory buildings: In High Density Residential Zones accessory buildings other than garages may not occupy any open space other than a rear yard. Accessory buildings, in the aggregate, may occupy not more than 40% of any required rear yard and, if other than a garage, shall be not less than three feet from any side or rear lot line. Notwithstanding the foregoing, a private garage that serves dwellings on two separate lots may be built across a common lot line with a party wall by mutual agreement between adjoining property owners provided that there is at least one garage bay on each lot. Any accessory building on a corner lot shall not be less than five feet from the rear lot line. Where the average natural slope of a lot exceeds 8% rise or fall directly from the street line, a private garage not over one story in height and housing not in excess of two cars may be located in the front or side yard not less than five feet from said street line upon receiving a special approval from the Board of Appeals. §270-83. Building area. The maximum building area shall not exceed 25% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. §270-84. Size and area of lot. Lots in High Density Residential Zones shall meet the following minimum requirements: 270:58 09-15-2007 § 270-84 ZONING § 270-89 A. Minimum lot area shall be at least 9,000 square feet; and B. Minimum width at the street line shall be 60 feet; and C. Minimum width at the maximum required front yard setback line (50 feet from the street line)shall be 75 feet; and D. Minimum depth from the highway right-of-way shall be 120 feet. §270-85. Special properties. In the case of publicly owned properties, properties of universities, colleges, cemeteries, or other private institutions, located in High Density Residential Zones, which comprise at least six acres in area and are traversed by interior roads or driveways, the front, side, and rear yard requirements set forth above shall apply only along the exterior public street frontages and boundaries with adjacent properties. §270-86. Parking. Parking requirements shall be as set forth in Article XXVII. ARTICLE XI Mobile Home Park Zones §270-87. Purpose. The purpose of the Mobile Home Park Zone is to provide an area in which concentrated development utilizing mobile homes may occur to encourage alternative and less costly housing accommodations in the Town. §270-88. Minimum area. A minimum tract of at least five acres is required for a mobile home park. §270-89. Permitted principal uses. Only the following buildings or uses are permitted as a matter of right in a Mobile Home Park Zone: A. Mobile homes, each to be occupied by not more than: (1) One family, or (2) One family plus no more than two boarders, roomers, lodgers, or other occupants. B. Not more than one one-family dwelling (other than a mobile home) to be occupied by no more than one family. C. Publicly owned park or playground including accessory buildings and improvements. 270:59 09-15-2007 § 270-89 ITHACA CODE § 270-91 D. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to residences in the zone in which the substations or similar structures are constructed. E. Day-care homes, family day-care homes and group family day-care homes. F. Community residence. §270-90. Principal uses authorized by special permit only. The following uses are permitted in a Mobile Home Park Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Child day-care center. §270-91. Permitted accessory uses. The following accessory buildings or uses are permitted as of right in a Mobile Home Park Zone: A. Automobile parking and garages, subject to the further requirements of this article. B. Structures and open land for recreation, intended for use by the residents of the mobile home park. C. Such areas and structures as may be necessary for housekeeping activities, such as a common laundry or garden plots. The use of any such area or structure may be limited to residents of the mobile home park. D. Storage buildings for storage of belongings of the residents of the mobile home park. E. Maintenance buildings, storage buildings, and one central office building, all of which must be utilized solely in connection with the operation of the mobile home park. F. Community building for use by the residents of the mobile home park and their guests. G. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. H. Home occupations, subject to the limitations on home occupations set forth in §270-219.2. [Added 2-12-2007 by L.L. No. 1-20071 I. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in §270-219.3. [Added 8-13-2007 by L.L. No. 7-20071 270:60 09-15-2007 § 270-92 ZONING § 270-93 §270-92. (Reserved) 8 §270-93. Height limitations. In Mobile Home Park Zones the following height restrictions shall apply: A. No mobile home or one-family dwelling shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower. 8. Editor's Note: Former $270-92, Accessory buildings and uses authorized by special approval only, was repealed 2-12-2007 by L.L.No.1-2007. 270:60.1 09-15-2007 § 270-97 ZONING § 270-100 approval. The fee for the operating permit shall be in accordance with the following schedule based on the number of mobile homes then located in the mobile home park: Number of Units Operating Permit Fee 1 to 4 $25.00 5 to 9 $50.00 10 to 24 $100.00 25 to 49 $200.00 50 to 100 $400.00 Over 100 (No. of Units) times ($4) L. Building permits. Notwithstanding any other provision of this chapter of the Building Code, a building permit shall be required for each mobile home and/or structure to be sited or constructed. §270-98. Site plan approvals. No building permit shall be issued for a structure in a Mobile Home Park Zone unless the proposed structure is in accordance with a site plan approved by the Planning Board and, if required, by the Tompkins County Health Department. No subdivision of a mobile home park site plan is permitted without approval of the Town Board, following Planning Board review. No alteration, amendment or change in a mobile home park site plan is permitted without approval of the Planning Board. ARTICLE XII Multiple Residence Zones §270-99. Purpose. The purpose of the Multiple Residence Zone is to permit, where appropriate, the construction and development of multiple-family residences in the Town. At the same time, the Town does not desire the large-scale development of these units to the extent that large areas of the Town would be devoted to such use and single-family residences would be incompatible. Accordingly, additional areas may be zoned as a Multiple Residence Zone upon application for a specific proposal in accordance with the normal rezoning procedures. Generally, such rezoning will be permitted only in areas where public water and sanitary facilities are available, where public transportation may be readily available, and where other resources and facilities that complement multiple residence occupancy are found. In reaching its decision on whether to rezone to a Multiple Residence Zone, the Town Board shall consider the general criteria set forth in this chapter, the most current Comprehensive or Master Plan for the Town, and this statement of purpose. §270-100. Permitted principal uses. Only the following buildings or uses are permitted of right in a Multiple Residence Zone: 270:63 09-15-2U07 § 270-100 ITHACA CODE § 270-102 A. One-family dwellings, two-family dwellings and multiple-family dwellings. Each dwelling unit in a Multiple Residence Zone shall be occupied by no more than: (1) One family, or (2) One family plus no more than two boarders, roomers, lodgers or other occupants. B. Day-care homes, family day-care homes and group family day-care homes. §270-101. Permitted accessory buildings and uses. Only the following accessory buildings or uses are permitted of right in a Multiple Residence Zone: A. Automobile parking and garages, subject to the further requirements of this article. B. Structures or use of open land for recreation, intended for residents of the Multiple Residence Zone, including swimming pools, tennis courts, and other similar recreational facilities. C. Such uses as may be necessary for housekeeping activities, such as drying yards or structures in which laundry facilities are maintained but any such use must be limited to residents of multiple dwellings. D. Storage buildings for storage of belongings of the residents of the Multiple Residence Zone. E. Maintenance buildings and one central office building, all of which must be utilized solely in connection with the operation of multiple-family dwellings in the Multiple Residence Zone. F. Community building for use by the residents of multiple-family dwellings in the Multiple Residence Zone and their guests. G. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. H. Home occupations, subject to the limitations on home occupations set forth in §270-219.2. [Added 2-12-2007 by L.L. No. 1-2007] I. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in §270-219.3. [Added 8-13-2007 by L.L. No. 7-20071 §270-102. Principal uses authorized by special permit only. The following uses are permitted in a Multiple Residence Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: 270:64 09-15-2007 § 270-102 ZONING § 270-102 A. Bed-and-breakfast. B. Adult care facility. 270:64.1 09-15-2009 § 270-111 ZONING § 270-112 D. Buffer areas. No structure shall be placed nearer to any other Residence Zone, Agricultural Zone, Commercial Zone or Industrial Zone than double the maximum distance of the side yard requirement of the adjoining zone (e.g., if the Multiple Residence Zone adjoins a Low Density Residence Zone, and if the maximum side yard requirement in such Low Density Zone is 40 feet (excluding the fifteen-foot side yard applicable to garages, as such fifteen-foot distance is not the maximum side yard requirement), no structure in the Multiple Residence Zone shall be closer than 80 feet to such Low Density Zone). A strip at least 10 feet wide within such buffer area shall be suitably planted to screen a Multiple Residence Zone from other present or future residences outside the zone, or a suitable screening fence shall be erected. The Planning Board, in reviewing the site plan, may alter or waive the vegetative requirement along the public street side. E. Additional screening. In addition to the landscaping, screening, fencing and buffer requirements set forth above, the Planning Board in the site plan review process may require additional landscaping, fencing, screening, or earth berm to be provided in any area where the proposed structure or use would, in the opinion of the Planning Board, create a hazardous condition or would detract from the value of neighboring property if such additional landscaping, fencing, screening, or berm were not provided. §270-112. Site plan approval. No building permit shall be issued for a building or structure within a Multiple Residence Zone unless the proposed building is in accordance with a site plan approved pursuant to the provisions of Article XXHI. In addition to the site plan requirements set forth such provisions, the site plan shall be subject to the following additional requirements as authorized by Town Law § 274-a: A. Such site plan shall show, when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes. B. Land for park, playground or other recreational purposes shall not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such finding shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular site plan will contribute. Such evaluation may also include reference to any current Parks, Recreation and Open Space Plan existing in the Town. C. In the event the Planning Board makes a finding pursuant to Subsection B of this section that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan,the Planning Board may require a sum of money in lieu thereof in an amount to be established by the Town Board. In making such determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. Any 270:67 09-15-2007 § 270-112 ITHACA CODE § 270-114 monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property. D. Notwithstanding the foregoing, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to § 276 of the Town Law or pursuant to Chapter 234, Subdivision of Land, of the Code of the Town of Ithaca (as either may be amended from time to time), the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the requiring the reservation of additional parkland or additional money to be donated in lieu thereof. E. If the Town Board, by resolution or local law, has established the amounts, or a formula by which amounts payable in lieu of land reservation may be determined, the amounts payable pursuant to this section shall be as set forth in, or determined by, such local law. ARTICLE XIII Commercial Zones Generally §270-113. Purpose.. The purpose of the establishing Commercial Zones and the following regulations is to establish certain areas where retail businesses and other commercial uses of land will be encouraged and to establish standards by which development in these areas shall occur. §270-114. Permitted accessory uses. Permitted accessory uses in all Commercial Zones shall be the following: A. Automobile parking and off-street loading areas, subject to the further requirements of this chapter. B. Accessory storage buildings, but not to include outside storage. C. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. D. The dwelling of a guard, caretaker or custodian but not more than one dwelling unit per building. E. Child day-care centers upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter. F. Where the use is as a dwelling, home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-20071 G. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3. [Added 8-13-2007 by L.L. No. 7-2007] 270:68 09-15-2007 § 270-140 ZONING § 270-142.1 A. Boat harbor and marina. §270-141. Principal uses authorized by special permit only. The following uses are permitted in a Lakefront Commercial Zone upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Restaurant or other place for the serving of food. If alcoholic beverages are served, the place of business shall be located at least 200 feet from a school or church or 150 feet from a residence district. B. Hotel or motel, provided that the principal building is set back at least 100 feet from the shoreline. C. Clubhouse or lodge, provided that no buildings so used shall be within 100 feet of any street, or within 150 feet of the lot line of an adjoining owner. D. Mixed use commercial and residential, provided the commercial use is a use that would be permitted in a Lakefront Commercial Zone if it were not in a mixed use facility and provided that any residential component of any building is set back at least 100 feet from the shoreline. E. Any municipal or public utility purpose necessary to the maintenance of utility services involving construction on not more than 5,000 square feet of land. F. Institution of higher-learning facilities principally dedicated to water-related research, education and recreational activities, excluding dormitory accommodations. [Added 9-10-2007 by L.L. No. 8-2007] §270-142. Accessory uses authorized by special permit only. In addition to accessory uses authorized in all Commercial Zones, the following accessory use is permitted in a Lakefront Commercial Zone but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Retail sales of candy, ice cream, baked goods, flowers, and other small items. §270-142.1. Additional yard regulations. [Added 9-10-2007 by L.L. No. 8-2007] In addition to the yard regulations applicable to all Commercial Zones, the following requirements shall apply to Lakefront Commercial Zones: A. Minimum setback from shoreline. Any principal building, parking area, cabana, gazebo, boathouse or other accessory structure, excluding such uncovered facilities as docks, piers, wharves, sea walls, boat ramps, boatlifts, boat hoists and moorings, shall be located at least 30 feet inland from the ordinary high water line of the shoreline. 270:79 09-15-2W § 270-142.1 ITHACA CODE § 270-144 B. Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed structures, including piers, docks, wharves, sea walls, boat lifts, boat hoists, boat ramps, and moorings. The Planning Board, during site plan review, may establish a minimum setback of greater than 30 feet from the ordinary high water line based on due consideration by the Board of the preservation and protection of sensitive environmental features, and the maintenance of the wooded character of the shoreline area (if applicable), as well as scenic views and vistas. Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in § 270-191 of this chapter are met, including but not limited to proposed changes to or additions of piers, docks, wharves and similar structures where such changes or additions meet a § 270-191 threshold. ARTICLE XIX Light Industrial Zones §270-143. Purpose. The purpose of the Light Industrial Zone is to permit, where appropriate, the construction of research and development oriented industries, high technology enterprises, light manufacturing facilities, and other moderately intensive industrial activities which would not generally be appropriate in residential areas but which may not require the same level of separation from residential areas as more intensive industrial uses. Areas may be zoned as a Light Industrial Zone by the Town Board or upon application for a specific proposal, all in accordance with the normal rezoning procedures. Generally, such rezoning will be permitted only in areas where public water and sanitary facilities are available, where public transportation may be readily available, and where other resources and facilities that complement multiple light industrial uses are found. In reaching its decision on whether to rezone to a Light Industrial Zone, the Town Board shall consider the general criteria set forth in this chapter, the most current Comprehensive or Master Plan for the Town, and this statement of purpose. §270-144. Permitted principal uses. Only the following buildings or uses are permitted of right in a Light Industrial Zone: A. Business, administrative or professional offices. B. Industrial uses employing electric power or other motor power, or utilizing hand labor for fabrication or assembly. C. Indoor warehousing and indoor storage including self-service storage facilities. D. Printing, publishing and bookbinding. E. Research and development facilities utilizing office spaces, indoor scientific laboratories, and other similar indoor spaces. F. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in §270-219.3. [Added 8-13-2007 by L.L. No. 7-2007] 270:80 09-15-2007 § 270-145 ZONING § 270-146 §270-145. Adult entertainment uses authorized by special approval only. Adult entertainment businesses are permitted in certain Light Industrial Zones, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter after receipt of a favorable recommendation for same from the Planning Board, and only upon the conditions set forth below: A. Adult entertainment businesses are permitted only in those Light Industrial Districts which adjoin a State Highway (e.g., New York State Route 13). B. The Board of Appeals, after favorable recommendation of the Planning Board, grants a special approval for same in accordance with the provisions of Article XXIV, Special Permits and Special Approvals, of this chapter utilizing the criteria set forth or referred to in said article for the granting of a special approval. C. The building in which the business is conducted, and the related parking areas, are located at least 150 feet from any highway right-of-way line, at least 280 feet from the boundary of any other zoning district, and at least 280 feet from any public park, school, or church. For this purpose, the Finger Lakes Trail is considered a public park, and the boundaries of such trail are deemed to be the lines on each side of the center line that are parallel to, and 20 feet from, the center line of the trail. D. The building and lot upon which it is located comply in all other respects with the requirements set forth in the provisions of this article governing Light Industrial Zones, except as modified by this section and with the following further exceptions: (1) If the type of adult entertainment business is one specified in § 270-227 the minimum parking requirements shall be those set forth in such section for that type of structure (e.g., if the adult entertainment business is a theater, there shall be one parking space for each five seats). (2) If the type of adult entertainment business is not one specified in § 270-227 the minimum parking requirement shall be 300 square feet of parking area, including lanes and driveways, for each 100 feet of floor area, exclusive of basements used for storage (e.g., if the adult entertainment business is a massage parlor, the minimum parking area shall be 300 square feet for each 100 feet of floor area). (3) The minimum parking requirements may be reduced in accordance with the criteria and procedures referred to § 270-227. §270-146. Permitted accessory buildings and uses. Only the following accessory buildings or uses are permitted of right in a Light Industrial Zone: A. Automobile parking and off-street loading areas subject to the further requirements of this article. B. Accessory storage buildings, but not to include outside storage. C. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. 270:81 09-15-2M § 270-146 ITHACA CODE § 270-149 D. The dwelling of an owner, operator, or manager, or of a guard, caretaker, or custodian, provided that no more than one dwelling unit per industry shall be established. E. Guardhouse. F. Child day-care centers upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter. G. Cafeteria or lunchroom. H. Recreational facilities including playfields, ballfields, tennis and volleyball courts, swimming pools and fitness centers. I. Fences up to eight feet in height if approved by the Planning Board as appropriate and necessary for the proposed use. J. Where the use is as a dwelling, home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-20071 K. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in §270-219.3. [Added 843-2007 by L.L. No. 7-20071 §270-147. Minimum area for a light industrial zone. A minimum tract of 10 acres is required for the development of a Light Industrial Zone. §270-148. Height limitations. Except as may be specifically otherwise authorized in this chapter, in Light Industrial Zones no building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, and no structure other than a building shall exceed 36 feet in height. §270-149. Yard regulations. A. Except as may be specifically otherwise authorized in this chapter, in Light Industrial Zones yards of at least the following dimensions are required: (1) Front yard: Not less than 150 feet in depth. (2) Rear yard: Not less than 60 feet in depth. (3) Side yards: None required with respect to buildings all on the same lot, but not less than 60 feet from any structure to a side property line. (4) Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard requirements. 270:82 09-15-2007 § 270-149 ZONING § 270-153 B. The foregoing requirements may include any required buffer areas and shall not be in addition to any required buffer areas. §270-150. Building area. The maximum building area shall not exceed 30010 of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. §270-151. Minimum usable open space. Minimum usable open space shall be not less than 30% of the lot area. For this purpose "usable open space" shall mean that portion of the lot area not covered by any structure (as defined in Article III) or driveway, and generally intended to be occupied by suitable vegetation or landscaping. §270-152. Size and area of lot. Lots in Light Industrial Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least two acres; and B. Minimum width at the street line shall be 150 feet; and C. Minimum width at the maximum required front yard setback line (150 feet from the street line) shall be 200 feet; and D. Minimum depth from the street line shall be 300 feet. §270-153. Parking. Parking requirements shall be as set forth in Article XXVII. 270:82.1 09-15-2007 § 270-158 ZONING § 270-160 expressly enumerated below. Certain uses or facilities, set forth below, are permitted only upon receipt of a special permit from the Planning Board as set forth below. §270-159. Prohibited uses. The following uses are prohibited in an Industrial Zone: A. Dwelling units, except as an accessory use as set forth below. B. Sales of any products at retail to the general public except as the same may be related to and an incidental by-product of a permitted principal use such as manufacturing. C. Restaurants of any nature except for cafeterias or other similar facilities that are incidental to and related specifically to a permitted principal use such as manufacturing. D. Motel. E. Hotel. F. Adult entertainment business. G. Any of the following factories or works: arsenal, blast furnace, boiler works, iron, steel, brass or copper foundry, metal ore, smelting, planing mill, rolling mill and stockyards or slaughterhouse. H. The manufacturing or storage of explosives and gas, oil and other flammables or petroleum products. §270-160. Permitted accessory buildings and uses. Only the following accessory buildings or uses are permitted of right in an Industrial Zone: A. Automobile parking and off-street loading areas subject to the further requirements of this article. B. Accessory storage buildings. C. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. D. The dwelling of an owner, operator, or manager, or of a guard, caretaker, or custodian, provided that no more than one dwelling unit per industry shall be established. E. Guardhouse. F. Child day-care centers upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter. G. Cafeteria or lunchroom incidental to and related specifically to a permitted use. H. Recreational facilities including playfields, ballfields, tennis and volleyball courts, swimming pools and fitness centers. 270:85 09-15-2007 § 270-160 ITHACA CODE § 270-164 I. Fences up to eight feet in height if approved by the Planning Board as appropriate and necessary for the proposed use. J. Where the use is as a dwelling, home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-2007] K. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in §270-219.3. [Added 8-13-2007 by L.L. No. 7-2007] §270-161. Placement of accessory structures. Accessory structures or buildings may be placed in any required side or rear yard but no closer than five feet to the boundary of the property. Except as herein otherwise provided, no structures shall be placed in any required buffer zone. Parking, signs, guardhouses, and fences may be placed in a front yard provided the Planning Board finds the location of such structures is in accordance with the criteria for approval of the site plan and the location is shown on an approved site plan. Signs, guardhouses and fences if placed in a required front yard may also be placed in any required buffer zone that is in the front of the property. §270-162. Minimum area for an industrial zone. A minimum tract of 10 acres is required for the development of an Industrial Zone. §270-163. Height limitations. Except as may be specifically otherwise authorized in this chapter, in Industrial Zones no building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, and no structure other than a building shall exceed 36 feet in height. §270-164. Yard regulations. A. Except as may be specifically otherwise authorized in this chapter, in Industrial Zones yards of at least the following dimensions are required: (1) Front yard: Not less than 150 feet in depth. (2) Rear yard: Not less than 60 feet in depth. (3) Side yards: None required with respect to buildings all on the same lot, but not less than 60 feet from any structure to a side property line. (4) Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard requirements. B. The foregoing requirements may include any required buffer areas and shall not be in addition to any required buffer areas. 270:86 09-15-2007 § 270-219.2 ZONING § 270-219.3 exterior indication of the home occupation or variation from the residential character of the lot, district or surrounding neighborhood. F. No offensive noise, vibration, smoke, dust, odor, heat, glare or electronic disturbance shall be produced beyond the boundary line of the property occupied by the business. G. The business shall not generate traffic in any greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the use shall be met off the street and in accordance with any other regulation of this chapter. H. The business or use shall not be detrimental to the residential character of the lot on which the business is located nor of the surrounding neighborhood. I. The lot on which the business is operated shall be large enough to allow such business to be conducted with minimal impact on the neighbors. J. All business activities that are conducted within the bounds of the lot on which the business is located must be conducted wholly within the dwelling or accessory building. §270-219.3. Amateur radio facilities. [Added 8-13-2007 by L.L. No. 7-20071 A. Amateur radio facilities located within a building are permitted in all zoning districts in the Town. B. Amateur radio facilities located outside of a building are permitted as specified in Articles V through XX of this chapter and shall meet all of the following requirements: (1) The height of each amateur radio facility shall not exceed 65 feet from the ground elevation. (2) Where the amateur radio facilities are an accessory use, they shall be located on the roof of a building, or in a side or rear yard only, except feed lines connecting the radio to the antenna and rotor control wires may also be located in a front yard. (3) The location of the amateur radio facilities shall meet all applicable setback and buffer requirements of the zone in which they are located. (4) A fall zone must exist around any tower constructed as part of an amateur radio facility and must have a radius at least equal to the height of the tower and any attached antennas. The fall zone may not include public roads and must be entirely located on the property on which the amateur radio facilities are located and/or on property which the tower user owns or for which the tower user has obtained an easement. (5) Any towers shall not be artificially lighted or marked beyond the requirements of the Federal Aviation Administration or any successor agency. (6) Co-location of equipment or facilities that are not used for amateur radio purposes on an amateur radio tower is prohibited. 270:126.7 09-15-2M § 270-219.3 ITHACA CODE § 270-221 (7) The placement of more than two amateur radio towers on one lot is permitted only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter. (8) When required by Chapter 125, Building Construction and Fire Prevention, of the Town of Ithaca Code, a building permit must be obtained for the amateur radio facilities. C. An accessory building that is part of an amateur radio facility is subject to all requirements applicable to accessory buildings other than garages in the zone in which it is located, except such accessory buildings may be located in side yards as well as rear yards. D. Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed amateur radio facilities. Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in § 270-191 of this chapter are met, including but not limited to proposed changes to or additions of amateur radio facilities where such changes or additions meet a § 270-191 threshold. E. If a tower that is part of an amateur radio facility ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the tower, antennas, mounts and associated equipment and facilities by no later than 90 days after the end of the twelve-month period. ARTICLE XXVII General Provisions §270-220. Building floor area. No dwelling in any zone shall be erected or altered so as to provide for less than 600 square feet of net enclosed floor area. §270-221. Side yard on corner lot. On a corner lot in a residence zone the yard width on the side street shall be at least 1/2 the required front yard for adjoining properties on the side street, but in no event less than 10 feet On a corner lot in any other zone, the yard depth on both streets shall be equal to the required front yard for adjoining properties on both streets. 270:126.8 09-15-2M Chapter 271 ZONING: SPECIAL LAND USE DISTRICTS §271-1. Special regulations applicable to §271-8. Planned Development Zone No. stated special land use districts. 7 (Limited Mixed Use, §271-2. Special Land Use Districts: Ithacare). Limited Mixed Use. §271-9. Special Land Use District No. 8 §271-3. Special Land Use District No. 1 (Limited Mixed Use, (Wiggins). EcoVillage). §271-4. Special Land Use District No. 2 §271-10. Special Land Use District No. 9 (Sapsucker Woods). (Limited Mixed Use, Cornell §271-5. Special Land Use District No. 3 Precinct 7). (Limited Mixed Use, Biggs §271-11. Special Land Use District No. Complex). 10 (Limited Mixed Use, Sterling §271-6. Special Land Use District No. 4 House/Sterling Cottage). (Limited Mixed Use, Statler §271-12. Special Land Use District No. West). 11 (Limited Mixed Use, Cornell §271-7. Special Land Use District No. 5 Chilled Water Plant). (Limited Mixed Use, Chamber §271-13. Planned Development Zone No. of Commerce). 12. [HISTORY: Adopted by the Town Board of the Town of Ithaca as indicated.in section histories.Amendments noted where applicable.] GENERAL REFERENCES Zoning—See Ch.270. §271-1. Special regulations applicable to stated special land use districts. [Added 7-12-2004 by L.L. No. 7-20041 The following provisions, regulations and requirements shall apply to existing special land use districts (now considered planned development zones) and to specific special land use districts as stated in the following sections. §271-2. Special Land Use Districts: Limited Mixed Use. [Adopted 8-13-1984 by L.L. No. 2-1984] A. This section amends Section 1 of Article II of the Town of Ithaca Zoning Ordinance,by adding to the list of permissible districts which may be designated as Special Land Use District (Limited Mixed Use). 1. Editor's Note: Numbering refers to the Zoning Ordinance as it existed in 1984,when this section was adopted.See now§270-6. 271:1 09-15-2007 § 271-2 ITHACA CODE § 271-2 B. The uses permitted in such district will be such a combination of the uses permitted in a residential and agricultural district and in Business Districts A, B, and E as the Town Board may permit. The diverse uses must be combined in a unified plan. C. The establishment of any such district shall lie in the sole discretion of the Town Board, as a legislative body. It shall be established by amending the Zoning Ordinance to permit such establishment. The enactment and establishment of such a district shall be a legislative act. No owner of land or other person having an interest in land shall be entitled as a matter of right to the enactment or establishment of any such district. D. The provisions of the Zoning Ordinance and Planning Board Regulations, as they may be amended from time to time, and any other regulations, orders, rules and resolutions shall apply to the establishment of any such district. In addition, the Town Board may impose such conditions and restrictions governing the establishment and regulating the use of land in any such district as the Town Board deems necessary and desirable. E. Subject to the provisions below, the procedures governing an application for site plan approval as provided in Section 46 and 46(a)2shall apply except that: [Amended 6-9-1986 by L.L. No.3-1986] (1) Before submitting a general site plan to the Planning Board, the applicant shall submit the general site plan to the Town Board. (2) The Town Board, in its discretion may require additional information, may refer the matter to the Planning Board for recommendation, or may establish a public hearing date on the proposed district. (3) No application for the establishment of any such district shall be referred to the Planning Board except by the Town Board. (4) The Town Board may impose other procedural requirements with respect to any application or with respect to a specific application as the Town Board may deem necessary and desirable. F. Projects such as the Wiggins "La Tourelle" Project, the Rocco Lucente Sapsucker Woods Project and the Lake Shore West Project which have been in the process of being reviewed by the Town Board and the Planning Board shall be deemed to have been referred to the Planning Board and the Town Board may amend the Zoning Law to establish such Special Land Use Districts, if final approval or recommendation has been made by the Planning Board. G. If any portion of this section is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 2. Editor's Note: Numbering refers to the Zoning Ordinance as it e3dsted in 1984,when this section was adopted and amended. 271:2 09-15-2007 § 271-7 ZONING: SPECIAL LAND USE DISTRICTS § 271-7 (4) No activities will be conducted in said Special Land Use District which will cause disturbing noise, odors, or glare to any adjacent landowners. G. The area encompassed and rezoned in accordance with this section to Special Land Use District No. 5 is described on Schedule A to this section.15 The Official Zoning Map of the Town of Ithaca is hereby amended by adding such district at the location described. H. In the event that any portion of this section is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Schedule A Description of Enlarged Special Land Use District No.5 [Amended 4-11-1988 by L.L. No.4-1988] ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins and State of New York, bounded and described as follows: COMMENCING at a point in the center line of East Shore Drive, State Route 34, at or near the northeast corner of premises of the City of Ithaca (Liber 204 of Deeds at Page 274) which premises are known generally as the site of the Ithaca Youth Bureau; running thence northerly and along the center line of East Shore Drive 60 feet to the southeast corner of lands reputedly of Leo M. Wells (see 379 Deeds 410); continuing northerly along the center line of East Shore Drive a distance of 79.5 feet to the northeast corner of said Wells property and also the southeast comer of other premises reputedly owned by Wells (see Liber 466 of Deeds at Page 230); continuing northerly along the center line of East Shore Drive 117.3 feet to the northeast corner of said second Wells parcel; running thence southwesterly and along premises now or formerly reputedly of Signorelli (590 Deeds 1128) a distance of approximately 223 feet to the east line of premises now or formerly of the Lehigh Valley Railroad Company; thence southwesterly along the easterly line of said railroad company a distance of approximately 141 feet to a point; thence southerly running along the westerly line of the second Wells parcel described above; the first Wells parcel described above and the premises now or formerly of Bowman (see Book 585 of Deeds at Page 594) a total distance of 82.8 feet to a point, which point is the southwest corner of said Bowman parcel; running thence easterly and in part along the City of Ithaca Youth Bureau site and in total along the southerly line of said Bowman parcel a total distance of 264 feet to the east line of East Shore Drive; continuing thence in the same direction a distance of approximately 33 feet to the center line of East Shore Drive at the point or place of beginning. 15. Editor's Note:Said Schedule A is included at the end of 4 271-7. 271:19 09-15-2007 § 271-8 ITHACA CODE § 271-8 §271-8. Planned Development Zone No. 7 (Limited Mixed Use, Ithacare). 16[Adopted 1-13-1994 by L.L. No. 1-1994; amended 3-11-1996 by L.L. No. 2-1996; 11-7-2002 by L.L. No. 7-2002; 5-7-2007 by L.L. No. 5-20071 A. Section 270-6 of the Town of Ithaca Code includes in the list of permissible districts a district designated as "Special Land Use District No. 7 (Limited Mixed Use)," which district is now considered and hereafter referred to as "Planned Development Zone No. 7." B. The uses permitted in Planned Development Zone No. 7 are: (1) One multiple-family dwelling consisting of at least 40 dwelling units and up to 193 dwelling units aggregated with central dining, kitchen, activity, administration, and maintenance areas, and other related community service space, such multiple-family dwelling being intended to provide congregate residential care, including independent, assisted-living and nursing home accommodations. Each dwelling unit in said multiple-family dwelling may be occupied by no more than two persons, related or otherwise. (2) Subject to special approval and site plan approval by the Planning Board the following accessory uses are permitted: (a) Off-street garage or parking spaces for the residents of, employees working at, and visitors to the permitted facilities. (b) One pavilion not exceeding 3,000 square feet in size. (c) Accessory buildings such as storage sheds, pavilions [in addition to the pavilion authorized in Subsection B(2)(b) above], gazebos, and other similar small buildings provided that no single building [other than the pavilion permitted by Subsection B(2)(b) above] exceeds more than 200 square feet in size and provided further that the size and location of each such building is approved by the Planning Board. (d) Common recreational areas including walkways, parks, community gardens, and other similar outdoor recreational facilities. (e) Any municipal or public utility structures necessary to the provision of utility services for the permitted facilities. (f) Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. C. Any use in this district shall be governed by all of the requirements, including side yards, setbacks, building coverage, building height, and similar requirements, of a Medium Density Residential Zone, except as the same may be specifically modified by the terms of this section. 16. Editor's Note:Special Land Use District No.6(Indian Creek Retirement Community),adopted 3-13-1989 by L.L.No. 2-1989,was repealed in 1995. 271:20 09-15-2007 § 271-8 ZONING: SPECIAL LAND USE DISTRICTS § 271-8 D. In addition to the requirements and restrictions imposed by the Town of Ithaca Zoning Ordinance, the area being rezoned to Planned Development Zone No. 7 shall be subject to the following conditions: (1) The exterior design, specifications, and plans for all buildings and other improvements to be constructed on the premises and the development of the grounds and construction of all outside facilities including lighting and signs shall have been shown on a final site plan and design drawings approved by the Planning Board, and any construction thereafter shall be in accordance with said site plan and drawings as finally approved. In determining whether or not to approve the site plan, the Planning Board shall employ the same considerations as it would employ in approving the site plan pursuant to Article XXHI and §270-236 of the Town of Ithaca Zoning Ordinance. (2) Building permits shall be required for any construction, including construction of signs and outdoor lighting facilities. Such permits shall not be issued until the Planning Board has approved the design and specifications for such proposed construction. (3) Notwithstanding any provision of the Town of Ithaca Zoning Ordinance to the contrary, in Planned Development Zone No. 7, no building shall be erected, altered, or extended to exceed 37 feet in height from the lowest interior grade or 30 feet in height from the lowest exterior grade, whichever is lower, except, however, that the one multifamily dwelling permitted pursuant to Subsection B(1) above may exceed said height limitations, provided such building is constructed substantially in accordance with the elevations and plans numbered SK-L1J (Preliminary Site Plan - Alternative B.3), L-4 (Planting & Materials Plan), L-5 (Trail Plan), L-6 and L-7 (Details), and A-6R (Elevations), prepared by L. Robert Kimball & Associates and dated January 30, 1996 (hereinafter collectively referred to as the "January 30, 1996, Site Plan"), and elevations and plans numbered C1.1 (Site Plan), C1.2 (Site Grading Plan), C1.8 (Viewshed Section and Elevation Studies), and A2.1, A2.2, and A2.3 (Exterior Elevations), prepared by Schopfer Architects LLP and dated October 16, 2006, revised February 8, 2007, copies of which are on file with the Town of Ithaca Planning Department. The heights shown on said plans shall constitute the maximum heights permitted for such building. Notwithstanding the foregoing, under no circumstances shall the highest point on the building exceed an elevation of 607 feet above City of Ithaca datum. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. (4) Except as specifically provided for herein any construction for which a permit is granted shall comply with all applicable laws, codes, ordinances, rules and regulations. (5) The dwelling units in this Planned Development Zone No. 7 shall be occupied by persons over the age of 54 years, except that adult persons under 55 years of age may reside in the units if because of disabling conditions said adult persons require the services provided by the owner, provided that no more than 10% of the occupants of the facility are under the age of 55. 271:21 09-15-2007 § 271-8 ITHACA CODE § 271-8 (6) All of the area rezoned pursuant to this section shall be owned by the same party and there shall be no subdivision of the area contained in Planned Development Zone No. 7. (7) There shall be provided at least two parking spaces for every three dwelling units, except that the Planning Board may reduce the required number of spaces by no more than 20% in accordance with the criteria set forth in Chapter 270, § 270-227, of the Town of Ithaca Code. If the Planning Board permits such a reduction, the Planning Board may impose such reasonable conditions, including the conditions set forth with respect to reductions of parking spaces in § 270-227 as referenced above, as may, in the judgment of the Planning Board, be necessary to assure that such reduction will not cause congestion, create undesirable traffic flows or hazards, or otherwise be adverse to the general welfare of the community. In any event, unless expressly waived by the Planning Board, such reduction shall be subject to the same mandatory conditions as are set forth in Chapter 270, § 270-227, of the Town of Ithaca Code. E. In accordance with the provisions of the Zoning Ordinance, a final site plan shall be submitted to and approved by the Town of Ithaca Planning Board before issuance of any building permits. A site plan that has received final site plan approval may be modified upon the application of the owner to the Planning Board for such modification. Such application shall be in accordance with the provisions of this section and the provisions of the Zoning Ordinance and the procedures applicable to such application shall be the same as are applicable to an initial application for site plan approval as set forth in the Zoning Ordinance. (1) Notwithstanding the foregoing, Planning Board approval of a modification shall not be required: (a) If the modification does not involve: [1] Construction of an addition of more than 1,000 square feet of enclosed space attached to a residential building whether on one or more stories (provided such construction is in accordance with the height limitations and other requirements of this section and the Zoning Ordinance); nor [2] Construction or relocation of more than three parking spaces nor construction or relocation of any parking spaces to an area that is not adjacent to the original planned parking area; nor [3] Construction, alterations, or renovations affecting the exterior of a building or the site anticipated to cost more than $20,000; nor [4] Construction, alteration, or renovation of the interior of a building involving a change in occupancy or use; nor [5] Enlargement of an existing or previously approved building that involves an increase of square footage of more than 15% of the existing square footage of the existing or previously approved building; nor 271:22 09-15-2007 § 271-8 ZONING: SPECIAL LAND USE DISTRICTS § 271-8 [6] Reduction of an existing or previously approved building that involves a decrease of square footage of more than 15% of the existing or previously approved building; nor [7] Alteration of traffic flows and access nor a significant increase in the volume of traffic; nor [8] A significant (in the judgment of the Director of Planning) change in the aesthetic appearance of any structure or site plan element including landscape and lighting details from that presented at the time of the prior approval; nor [9] A change in the impacts of the project on surrounding properties, such as an increase in noise, water runoff, light illumination, or obstructions to views; nor [10] Violation of any express conditions (including, without limitation, buffer zones, setbacks, and similar restrictions) imposed by the Planning Board in granting prior site plan approval, or (b) If the modification does not involve a movement or shift of a location of one or more buildings more than two feet laterally or six inches vertically from the location or elevation shown on the final site plan where: [1] Such shift does not alter proposed traffic flows or access; and [2] Such shift does not directly violate any express conditions (including, without limitation, buffer zones, setbacks, etc.) imposed by the Planning Board in granting prior site plan approval. (2) The numerical criteria for the exceptions from the requirement of obtaining Planning Board approval are an aggregate maximum [i.e., if a 700 square foot addition is constructed without obtaining Planning Board approval pursuant to Subsection E(1)(a)[I] above, construction of a second addition larger than 300 square feet would require Planning Board approval of a modified site plan]. (3) This waiver of the requirement of Planning Board approval is not intended to permit construction in violation of any other provision of this section nor of the Zoning Ordinance including height, setback, side yard, and similar regulations, nor the requirement to obtain a building permit in those circumstances when otherwise required by the terms of this section, the Zoning Ordinance or the Building Code. (4) A demolition, or a proposed demolition, of an existing building, or of a previously approved building on a previously approved site plan, is a modification of a site plan subject to the terms of this section. F. The area encompassed and rezoned in accordance with this section to Planned Development Zone No. 7 is described on Schedule A to this section_»The Official 17. Editor's Note:Said Schedule A is included at the end of$271.8. 271:23 09-15-2007 § 271-8 ITHACA CODE § 271-8 Zoning Map of the Town of Ithaca is hereby amended by adding such district at the location described. G. Any violations of the terms of this section shall constitute a violation of the Town of Ithaca Zoning Ordinance and shall be punishable as set forth in said ordinance and in § 268 of the Town Law of the State of New York. Each week's continued violation shall constitute a separate offense. Notwithstanding the foregoing, the Town reserves for itself, its agencies and all other persons having an interest, all remedies and rights to enforce the provisions of this section, including, without limitation, actions for any injunction or other equitable remedy, or action and damages, in the event the owner of the parcel covered by this section fails to comply with any of the provisions hereof. H. In the event that any portion of this section is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Schedule A Description of Property Zoned as Planned Development Zone No. 7 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins, State of New York, bounded and described as follows: BEGINNING at an iron pin set at the intersection of the westerly highway line of the State of New York as appropriated for the Ithaca-Danby State Highway No. 5043 and delineated on Map 15 Parcel 22 and recorded in the Tompkins County Clerk's Office with the northerly line of lands reputedly of John M. Kelly as described in Liber 693 of Deeds at Page 255, said pin being located a perpendicular distance from the present center line of the Danby Road, State Highway Route No. 96B of 110.0 feet and is located 7.7 feet northerly from a granite highway monument found; Running thence westerly an average bearing of north 83 degrees 26 minutes 05 seconds west along the northerly line of lands reputedly of Kelly, reputedly of Payne as described in Liber 340 of Deeds at Page 365 and Liber 368 of Deeds at Page 371, and continuing along the lands reputedly of Cofer as described in Liber 611 of Deeds at Page 160, for a distance of 1,434.92 feet to an iron pipe found, said iron pipe marks the northeasterly corner of lands reputedly of Turk as described in Liber 458 of Deeds at Page 522; Running thence north an average bearing of north 04 degrees 26 minutes 55 seconds east along the easterly line of lands reputedly of Berggren as described in Liber 624 of Deeds at Page 79 and continuing along lands reputedly of Puerta as described in Liber 577 of Deeds at Page 613 and continuing along the lands reputedly of Goodloe as described in Liber 656 of Deeds at Page 590, for a distance of 714.42 feet to an existing iron pipe, said iron pipe marks the northeasterly corner of lands of Goodloe; Running thence north 89 degrees 57 minutes 24 seconds east along a proposed new division line through the lands of Ithaca College for a distance of 1,375.48 feet to an iron pin set; 271:24 09-15-20W § 271-8 ZONING: SPECIAL LAND USE DISTRICTS § 271-8 Running thence south 78 degrees 28 minutes 05 seconds east and continuing through the lands of Ithaca College for a distance of 230.0 feet to an iron pin set in the westerly highway line of New York State Route 96B, Danby Road; 271:24.1 09-15-2007 Chapter DL DISPOSITION LIST §DL-1.Disposition of legislation. The following is a chronological listing of legislation of the Town of Ithaca adopted since the publication of the Code, indicating its inclusion in the Code or the reason for its exclusion. [Enabling legislation which is not general and permanent in nature is considered to be non-Code material (NCM).] Information regarding legislation which is not included in the Code nor on this list is available from the office of the Town Clerk. The last legislation reviewed for the original publication of the Code was L.L. No. 3-2004, adopted 2-9-2004. §DL-1. Disposition of legislation. Local Adoption Law No. Date Subject Disposition 3-8-2004 Operation of watercraft Ch. 254 3-8-2004 Stop signs amendment Ch. 250, Art. III 4-2004 3-15-2004 Zoning Map amendment NCM 4-12-2004 Parking amendment Ch. 250, Art. III 5-2004 5-10-2004 Fees amendment Chs. 125 and 153 6-2004 6-7-2004 Subdivision of land amendment Ch. 234 7-2004 7-12-2004 Adoption of Code Ch. 1, Art. I 8-2004 Zoning Map amendment NCM 9-2004 11-4-2004 Water rates amendment Ch. 261 10-2004 12-13-2004 Signs amendment Ch. 221 11-2004 12-13-2004 Special land use districts Ch. 271 amendment 1-2005 1-10-2005 Parking; stop and yield Ch. 250, Art. III intersections amendment 2-2005 4-11-2005 Public Works Department Ch. 59 3-2005 4-11-2005 Environmental quality review Ch. 148 4-2005 4-11-2005 Fees amendment Ch. 153 5-2005 5-9-2005 Zoning amendment Ch. 270 (telecommunications facilities) 6-2005 6-13-2005 Zoning: Special Land Use Ch. 271 Districts amendment 7-2005 8-1-2005 Zoning amendment(agricultural Ch. 270 activities) DL:1 09-15-2007 § DL-1 ITHACA CODE § DL-1 Local Adoption Law No. Date Subject Disposition 8-2005 9-12-2005 Zoning amendment(South Hill Chs. 270; 271 Business Campus) 9-2005 10-17-2005 Fees amendment Chs. 125; 153 1-2006 1-9-2006 Zoning amendment Ch. 270 2-2006 1-9-2006 Zoning Map amendment NCM 3-2006 2-13-2006 Taxation: historic barn exemption Ch. 239, Art. VI 4-2006 2-13-2006 Taxation: exemption for Ch. 239, Art. VI improvements to property made pursuant to Americans with Disabilities Act 5-2006 3-13-2006 Streets and sidewalks: Hanshaw Ch. 230,Art. III Road Walkway 6-2006 3-13-2006 Citizen and staff advisory Ch. 18 committees 7-2006 4-10-2006 Zoning Map amendment NCM 8-2006 5-8-2006 Noise Ch. 184 9-2006 6-12-2006 Zoning amendment Ch. 270 10-2006 9-11-2006 Stormwater management Ch. 228 11-2006 10-16-2006 Zoning amendment (solar Ch. 270 collectors and installations) 12-2006 10-16-2006 Outdoor lighting; signs Chs. 173, 221 and 270 amendment; zoning amendment 13-2006 11-13-2006 Notification of information Ch. 51 security breaches 14-2006 11-13-2006 Zoning amendment Ch. 270 15-2006 12-29-2006 Building construction and fire Ch. 125 prevention 16-2006 12-29-2006 Zoning amendment Ch. 270 17-2006 12-29-2006 Fees amendment Ch. 153 18-2006 12-29-2006 Appearance tickets amendment Ch. 9 1-2007 2-12-2007 Zoning amendment Ch. 270 2-2007 2-12-2007 Taxation: exemption for certain Ch. 239, Art. IV disabled persons with limited incomes amendment 3-2007 2-12-2007 Taxation: senior citizens Ch. 239, Art. I exemption amendment 4-2007 3-12-2007 Zoning amendment Ch. 270 5-2007 5-7-2007 Zoning: special land use districts Ch. 271 amendment DL:2 09-15-2007 § DL-1 DISPOSITION LIST § DL-1 Local Adoption Law No. Date Subject Disposition 6-2007 8-13-2007 Zoning amendment Ch. 270 7-2007 8-13-2007 Zoning amendment Ch. 270 8-2007 9-10-2007 Zoning amendment Ch. 270 9-2007 9-10-2007 Moratorium NCM DL:3 09-15-2007