HomeMy WebLinkAboutLL 13 of 2009 Zoning Basement Definition.docTOWN OF ITHACA
LOCAL LAW NO. 13 OF THE YEAR 2009
A LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA
CODE REGARDING DEFINITIONS OF BASEMENT, GRADE PLANE
AND STORY ABOVE GRADE
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270 (Zoning), Article III (Terminology) of the Town of Ithaca
Code, Section 270-5, entitled "Definitions," is amended by deleting the definition for
"BASEMENT" and replacing it with the following definition:
"BASEMENT — That portion of a building that is partly or completely below grade and is
not considered a `story above grade', as that term is defined in this section."
Section 2. Chapter 270 (Zoning), Article III (Terminology) of the Town of Ithaca
Code, Section 270-5, entitled "Definitions," is amended by adding the following definition for
"GRADE PLANE":
"GRADE PLANE -- A reference plane representing the average of the finished ground
level adjoining the building at all exterior walls. Where the finished ground level slopes
away from the exterior walls, the reference plane shall be the average of the lowest points
within the area between the building and the lot lines or, where any lot line is more than 6
feet from the building, the reference plane shall be the average of the lowest points within
the area between the building and a perimeter 6 feet from the building."
Section 3. Chapter 270 (Zoning), Article III (Terminology) of the Town of Ithaca
Code, Section 270-5, entitled "Definitions," is amended by adding the following definition for
"STORY ABOVE GRADE":
"STORY ABOVE GRADE — Any story having its finished floor surface entirely above
grade, except that a basement shall be considered as a story above grade where the
finished surface of the floor above the basement is:
A. More than 6 feet above the grade plane, or
B. More than 6 feet above the finished ground level for more than 50 percent of the
total building perimeter, or
C. More than 12 feet above the finished ground level at any point."
Section 4. In the event that any portion of this law is declared invalid by a court of
competent jurisdiction, the validity of the remaining portions shall not be affected by such
declaration of invalidity.
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Section 5. This local law shall take effect upon publication of the local law or an abstract
of same in the official newspaper of the Town, or upon its filing with the New York Secretary of
State, whichever is the last to occur.
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