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HomeMy WebLinkAboutNew Neighborhood Code Town of Ithaca New Neighborhood Code Town Code § 272 Town of Ithaca Planning Department 215 North Tioga Street Ithaca, New York 14850 http://www.town.ithaca.ny.us/newcode Town of Ithaca New Neighborhood Code Town Code § 272 • adopted November 9 2020 INTRODUCTION 1 272-101 Title 1 272-102 Purpose 1 272-103 Applicability 2 272-103.1 Jurisdiction 2 272-103.2 Compliance 2 272-103.3 Public buildings, structures, and uses 2 272-104 (Reserved) 2 272-105 Severability 2 272-106 Relationship to other planning regulations 2 272-107 Code approach 2 272-107.1 Form-based code 2 272-107.2 Scale of land use 2 NEIGHBORHOOD TRANSECT ZONES 5 272-201 Overview 5 272-202 How to use this article 5 272-203 NT-3 neighborhood edge 6 272-204 NT-4 neighborhood general 7 272-205 NT-4u neighborhood urban mix 8 272-206 NT-5 neighborhood center 9 272-207 Initial zoning 9 NEIGHBORHOOD DESIGN 11 272-301 Overview 11 272-302 How to use this article 11 272-303 Neighborhood types, location, and size 14 272-303.1 Mixed use village 14 272-303.2 Intermediate neighborhood 15 272-303.3 Town center neighborhood 15 272-304 Full and partial TND 16 272-304.1 Partial TND 16 272-304.2 Full TND 16 272-305 Transect zone distribution 17 272-306 Thoroughfare and street pattern 17 272-306.1 General layout 17 272-306.2 Blocks 17 272-307 Thoroughfare types 22 272-307.1 General 22 272-307.2 Pedestrian street 23 272-307.3 Alley 24 272-307.4 Yield street 25 272-307.5 Local street 26 272-307.6 Through street 27 272-307.7 Thoroughfare elements: roadway 28 272-307.8 Thoroughfare elements: planting strip 33 272-307.9 Thoroughfare elements: sidewalk 35 272-307.10 Fire apparatus access 35 272-308 Parks 35 272-308.1 Required parkland 35 272-308.2 Park types 36 272-308.3 Configuration 38 272-308.4 Ownership 39 272-309 Utilities 39 272-309.1 Required utilities 39 272-309.2 Utility location 39 272-309.3 Utility equipment facilities 40 272-310 Neighborhood stormwater management 41 272-310.1 General design 41 272-310.2 Performance standards 41 LOTS AND BUILDINGS 43 272-401 Overview 43 272-402 How to use this article 43 272-403 Building/lot types and disposition 44 272-403.1 Allowed building / lot type summary 44 272-403.2 Non-building lot 45 272-403.3 Detached house 46 272-403.4 Small detached house 48 272-403.5 Duplex 50 272-403.6 Paired house 52 272-403.7 Cottage court 54 272-403.8 Multiunit / collective house 56 272-403.9 Townhouse 58 272-403.10 Small apartment building 60 272-403.11 Apartment building 62 272-403.12 Courtyard apartment building 64 272-403.13 One story storefront building 66 272-403.14 Mixed use storefront building 68 272-403.15 Commercial building 70 272-403.16 Large footprint building 72 272-403.17 Neighborhood service station 74 272-403.18 Civic building 76 272-403.19 General building disposition 77 272-403.20 Site envelope 78 272-403.21 Lot usability 78 272-403.22 Lot shape 79 272-403.23 Lot siting 80 272-403.24 Zero lot line option 80 272-404 Building design 81 272-404.1 General 81 272-404.2 Building entry and frontage features 82 272-404.3 Design requirements for all building types 85 SITE IMPROVEMENTS 91 272-501 Overview 91 272-502 How to use this article 91 272-503 Parking 91 272-503.1 Parking spaces 91 272-503.2 Parking access and location 92 272-503.3 Parking design 95 272-504 Landscaping 97 272-504.1 General site landscaping 97 272-504.2 Parking lot landscaping and screening 97 272-504.3 Planting strip landscaping and hardscaping 98 272-504.4 Landscape plants 99 272-504.5 Topsoil removal and replacement 101 272-505 Fences and walls 102 272-505.1 Location and height 102 272-505.2 Materials and design 103 272-506 Waste collection, outdoor storage, and ground mounted equipment areas 103 272-506.1 Location 103 272-506.2 Screening 104 272-507 Signs and murals 105 272-507.1 General regulations for signs 105 272-507.2 Attached signs 105 272-507.3 Freestanding signs 105 272-507.4 Murals 106 272-508 Outdoor lighting 106 272-508.1 General requirements 106 USES 109 272-601 Overview 109 272-602 How to use this article 109 272-603 Allowed uses in transect zones 109 272-603.1 General 109 272-603.2 Principal uses: residential 110 272-603.3 Principal uses: lodging 111 272-603.4 Principal uses: retail, service, and office 112 272-603.5 Principal uses: vehicular 113 272-603.6 Principal uses: industrial and semi-industrial 114 272-603.7 Principal uses: civic 115 272-603.8 Principal uses: utility and communication 116 272-603.9 Semi-mobile uses 118 272-603.10 Accessory uses and single purpose structures 120 NONCONFORMITIES, RETROFITTING, AND REDEVELOPMENT 123 272-701 General 123 272-701.1 Applicability and illegality 123 272-701.2 Continuation 123 272-701.3 Relationship to other regulations 123 272-701.4 Determining legal nonconformity 123 272-702 Nonconforming uses, buildings, and site features 123 272-702.1 Nonconforming use 123 272-702.2 Nonconforming structure 124 272-702.3 Nonconforming lot 127 272-702.4 Nonconforming off-street parking areas and access 127 272-702.5 Other nonconforming site features 128 PLANNING ACTIONS AND APPROVALS 131 272-801 Overview 131 272-802 Regulating plan 131 272-802.1 Overview 131 272-802.2 Regulating plan items 131 272-802.3 Process 132 272-802.4 Changes and additions 134 272-803 Subdivision 135 272-803.1 Applicability 135 272-803.2 Process 135 272-803.3 Additional and special requirements 135 272-803.4 Other actions before final approval 136 272-803.5 Expiration and revocation 138 272-804 Site plan review 138 272-804.1 Applicability 138 272-804.2 Process 140 272-805 Administrative adjustment 140 272-805.1 Overview and applicability 140 272-805.2 Review and approval criteria 140 272-805.3 Process 141 272-805.4 Expiration and revocation 141 272-806 Other planning actions 141 INTERPRETING THIS CODE 143 272-901 Overview 143 272-902 Interpreting regulations 143 272-902.1 Conflict 143 272-902.2 References to other laws or publications 143 272-902.3 Language 143 272-902.4 Examples 144 272-902.5 Photos and graphics 144 272-902.6 Resources, guides, and industry standards 144 272-903 Interpreting measurement 144 272-903.1 Area 144 272-903.2 Distance 144 272-903.3 Height 145 272-903.4 Lot and site dimensions 146 272-903.5 Setback and build-to area 146 272-903.6 Yards 148 272-903.7 Zone boundaries 148 272-903.8 Other features 149 272-904 Glossary 150 This page is blank for two-sided printing and pagination. Article 1 (introduction) starts on the next page. Town of Ithaca New Neighborhood Code • § 272-101 • 1 Article 1: Introduction § 272-101 Title 1 § 272-102 Purpose 1 § 272-103 Applicability 2 § 272-104 (Reserved) 2 § 272-105 Severability 2 § 272-106 Relationship to other planning regulations 2 § 272-107 Code approach 2 272-101 Title This chapter of the Town Code (§ 272) is the Town of Ithaca New Neighborhood Code. 272-102 Purpose The 2014 Town of Ithaca Comprehensive Plan recommends traditional neighborhood development (TND) in emerging growth areas. These areas are close to the City of Ithaca boundary, employment and education centers, transportation corridors, and urban level infrastructure and public services. TND is modeled on historic forms of development, where a mix of mutually compatible uses are within walking distance of each other. It also features a variety of parks, and an interconnected network of streets, sidewalks, paths. TND provides a built environment that is pedestrian friendly, with human scale in mind. The New Neighborhood Code carries out the Comprehensive Plan’s goals and recommendations for TND. Regulations in this code draw on the Plan, and best practice in planning and urban design, to achieve these goals for new neighborhoods. • More predictable development. • Efficient land and infrastructure use. • A broad range of settings for residents, businesses, and civic functions. • A lively, mutually compatible mix of uses, buildings, and civic spaces and functions. • More housing types and options, accessible to people from a diverse range of income groups, household types, and life stages. • Neighborhood centers where shops, restaurants, and other everyday activities of daily living are a short walk away. • Prominent parkland areas that protect natural resources; and give residents places to gather, play, rest, and retreat to nature. • An interconnected street network with a flexible circulation pattern. • Transportation choice, whether it’s driving, walking, cycling, or using public transit. • Complete streets, designed for the comfort and safety of all users. • Site planning, streetscaping, and landscaping that define streets as civic places, and create an interesting and pleasant public realm. • Attractive, human-scale buildings that use high quality building materials. • Fiscal and environmental sustainability, with higher tax revenue per acre, and lower energy and resource use, compared to conventional suburban development. • A strong sense of community and place. 2 • § 272-103 • Town of Ithaca New Neighborhood Code 272-103 Applicability 272-103.1 Jurisdiction The New Neighborhood Code applies in parts of the Town of Ithaca (outside the Village of Cayuga Heights) that the Town zones for, or is in the process of zoning for, traditional neighborhood development (TND). Regulations in this chapter do not apply to land, structures, or uses that local, state, or federal law exempt from the Town’s zoning. 272-103.2 Compliance A person or entity may ① build, alter, reconstruct, use, or move a structure; ② develop, use, or alter land; or ③ make or alter a lot of record, only if the action follows this code and other laws that apply. 272-103.3 Public buildings, structures, and uses Public buildings, structures, and uses that are exempt from zoning must meet the requirements of this chapter as much as possible. 272-104 (Reserved) 272-105 Severability Provisions in this chapter are independent of each other. If a court voids part of this chapter, all other parts still apply, and are enforceable. 272-106 Relationship to other planning regulations This chapter supplements Town Code Chapters 270 (zoning), 234 (subdivision), and 173 (outdoor lighting). Rules for resolving conflicts with other laws are in Article 9 (§ 272-902.1). 272-107 Code approach 272-107.1 Form-based code This is a form-based zoning and neighborhood design code. Form-based zoning focuses on the design, scale, and relationships between buildings, streets, blocks, and the public realm. Regulations in a form-based code work together to help build a place with a specific character, based on a community vision, and good planning and urban design practice. 272-107.2 Scale of land use Each article in this code addresses a different scale or topic of planning concern. Each section in an article addresses a different subtopic. Town of Ithaca New Neighborhood Code • § 272-107 • 3 Focus on communities: how to plan a new neighborhood, and lay out its zones, streets, lots, and public and civic spaces. ▶ • Article 2: Neighborhood transect zones • Article 3: Neighborhood design (neighborhood types and units, transect zone distribution in a neighborhood unit, street types and pattern, parks, utilities, stormwater management) Focus on individual lots and buildings: how to configure and develop a lot, and use it for different activities. ▶ • Article 4: Lots and buildings (building lot types and sizes, building disposition, lot configuration, building design) • Article 5: Site improvements (parking, landscaping, fences and walls, screening and buffers, signs, lighting) • Article 6: Uses • Article 7: Nonconformities and retrofitting (incorporating pre-existing uses and developed sites into a TND) Development review and administration: how to use this code, and make a regulating plan for a new neighborhood. • Article 8: Planning actions and approvals. • Article 9: Interpretation (interpreting regulations, measurement, glossary). 4 • § 272-107 • Town of Ithaca New Neighborhood Code This page is blank for two-sided printing and pagination. Article 2 (neighborhood transect zones) starts on the next page. Town of Ithaca New Neighborhood Code • § 272-201 • 5 Article 2: Neighborhood transect zones § 272-201 Overview 5 § 272-202 How to use this article 5 § 272-203 NT-3 Neighborhood edge 6 § 272-204 NT-4 Neighborhood general 7 § 272-205 NT-4u Neighborhood urban mix 8 § 272-206 NT-5 Neighborhood center 9 § 272-207 Initial NT zoning 9 272-201 Over view This article describes neighborhood transect (NT) zones. Transect zones carry out the TND Medium Density and TND High Density character districts in the Comprehensive Plan. A transect defines a range of human habitat and urban form. A transect zone represents a part or “slice” of the transect. Transect zones vary by the intensity and mix of allowed development and uses. They guide the type, form, and siting of buildings, uses, streets, and landscape. Transect zones work together to make a compact, inclusive, and complete mixed use neighborhood. 272-202 How to use this article This article defines four neighborhood transect (NT) zones. NT-3 Neighborhood edge (§ 272-203) NT-4 Neighborhood general (§ 272-204) NT-4u Neighborhood urban mix (§ 272-205) NT-5 Neighborhood center (§ 272-206) A neighborhood unit area (§ 272-303) must have a mix of transect zones. Required transect zones, and the percentage of TND site area they must cover, vary for different neighborhood types (§ 272-305). Requirements for these aspects of neighborhood design, lot development, and lot activity vary, depending on the transect zone. • Blocks and alleys (§ 272-306.2 A) • Block side and perimeter length (§ 272-306.2 E) • Thoroughfare types (§ 272-307) • Pavement edge types (§ 272-307.7 F) • Street planting strip types (§ 272-307.8 A) • Building and lot types and disposition (lot size; building setback, height, and frontage) (§ 272-403) • Signs (§ 272-507) • Uses and conditions (§ 272-603) 6 • § 272-203 • Town of Ithaca New Neighborhood Code 272-203 NT-3 neighborhood edge The NT-3 zone allows detached houses and complementary uses, in a largely residential setting. Town of Ithaca New Neighborhood Code • § 272-204 • 7 272-204 NT-4 neighborhood general The NT-4 zone allows a select range of detached, attached, and multiunit housing types, and complementary uses, in a largely residential setting. 8 • § 272-205 • Town of Ithaca New Neighborhood Code 272-205 NT-4u neighborhood urban mix The NT-4u zone is a transition zone between the NT-4 and NT-5 zones. It allows attached and multiunit housing, with some complementary commercial and service uses, in an urban setting. Town of Ithaca New Neighborhood Code • § 272-206 • 9 272-206 NT-5 neighborhood center The NT-5 zone is the focal point for a TND neighborhood unit. It allows a mix of attached and multiunit housing, and office, commercial, service, and civic uses, in a “village center” or “Main Street” setting. 272-207 Initial zoning A TND regulating plan assigns transect zones to specific parts of a larger TND neighborhood unit. (The regulating plan process is in § 272-802.) 10 • § 272-207 • Town of Ithaca New Neighborhood Code This page is blank for two-sided printing and pagination. Article 3 (neighborhood design) starts on the next page. Town of Ithaca New Neighborhood Code • § 272-301 • 11 Article 3: Neighborhood design § 272-301 Overview 11 § 272-302 How to use this article 11 § 272-303 Neighborhood types, locations, and sizes 14 § 272-304 Full and partial TND 15 § 272-305 Transect zone distribution 17 § 272-306 Thoroughfare and street pattern 17 § 272-307 Thoroughfare and street types 21 § 272-308 Parks 35 § 272-309 Utilities 39 § 272-310 Neighborhood stormwater management 41 272-301 Overview Neighborhoods are the building blocks of the Town, and lots are the building blocks of neighborhoods. This article covers how to use traditional neighborhood design principles to design and build a neighborhood. It has requirements for zone distribution, street design and layout, parks and public spaces, utilities, and other aspects of neighborhood-scale design and infrastructure. Provisions in this article apply to both public and private neighborhood improvements. 272-302 How to use this article This is one possible design sequence for a traditional neighborhood development (TND) project. ① Choose a site The Comprehensive Plan future land use map shows recommended locations for TND. ② Assign neighborhood type This article defines three neighborhood types: • Mixed use village (§ 272-303.1) • Intermediate neighborhood (§ 272-303.2) • Town center neighborhood (§ 272-303.3) Each neighborhood type requires a different range of transect zones and zone area for each neighborhood unit. Goals and recommendations of the Comprehensive Plan help determine suitable neighborhood types for a location (§ 272- 303). 12 • § 272-302 • Town of Ithaca New Neighborhood Code ③ Analyze the site, and consider neighborhood unit areas The entire TND site will be a regulating plan area. ▶ A neighborhood unit is a defined area, with most housing within a short walk from a distinct mixed use center or corridor. Neighborhood units are the geographic basis for siting transect zones and other features in a TND site. A TND site includes one or more neighborhood units, depending on the site size. A regulating plan area that is < 20 acres will be a partial TND (§ 272-304.1). The site is too small for a full neighborhood unit. A partial TND must have provisions to make it an integral part of a future full neighborhood unit area. A regulating plan area that is ≥ 20 acres will be a full TND (§ 272-304.2). A full TND must have 1 or more neighborhood unit areas, depending on its size. Each neighborhood unit must be ① 20 to 250 acres, and ② based on a pedestrian shed (area a short walk away from a common destination). All land in a full TND regulating plan area must be part of a neighborhood unit. ④ Lay out a thoroughfare network Layout of blocks, streets, and alleys must meet thoroughfare and street pattern requirements in this article (§ 272-306). This article also defines street types, and the zones that allow them (§ 272-307.) Each street type allows a different configuration of roadway surface, planting strips, and sidewalks. There are also optional features like bike lanes and traffic calming. ▶ Town of Ithaca New Neighborhood Code • § 272-302 • 13 ⑤ Assign neighborhood transect (NT) zones to each neighborhood unit All land on a TND site must have neighborhood transect (NT) zoning (§ 272-203 to § 272-206). The type and percentage of transect zones that a neighborhood unit must have depends on the neighborhood type (§ 272-303). ▶ Zone distribution for a partial TND applies if the regulating plan area is < 20 acres. Zone distribution for a full TND applies if the area is ≥ 20 acres. ⑥ Lay out parkland Parkland must occupy a certain percentage (or more) of land area in a TND site and neighborhood unit. The amount of parkland depends on the neighborhood type (§ 272-308). This article defines several park types, each with different requirements for their siting, layout, and character. This code does not have a special transect zone just for parks. ▶ 14 • § 272-303 • Town of Ithaca New Neighborhood Code ⑦ Assign special frontage areas (optional) A frontage area defines a part of a thoroughfare where fronting buildings must have a specific frontage type; porch, stoop, storefront, or at-grade entry (§ 272-404.2). A neighborhood unit should have a storefront frontage area, for a traditional main street or village center (§ 272-404.2 D). ▶ 272-303 Neighborhood types, location, and size 272-303.1 Mixed use village 272-303.1 A Description A mixed use village is a largely residential neighborhood with smaller scale buildings and uses. It has a focal point, like a main street or village square, with a mix of commercial, residential, civic, cultural, and recreational uses. Residential areas may have supporting civic uses, or an occasional “corner store” use. 272-303.1 B Location A mixed use village may be in an area where the Comprehensive Plan future land use map shows a TND Medium Density character district. 272-303.1 C Neighborhood unit size Neighborhood unit size in a mixed use village must be 20 to 250 acres. Mixed use village sites 3 to < 20 acres must be planned as a partial TND. 272-303.1 D Required transect zones Partial TND (§ 272-304.1): NT-3 NT-4 Full TND (§ 272-304.2): NT-3 NT-4 NT-5 Transect zone distribution is in § 272-305. Town of Ithaca New Neighborhood Code • § 272-303 • 15 272-303.2 Intermediate neighborhood 272-303.2 A Description An intermediate neighborhood has a wide variety of commercial, residential, and civic uses and building forms. It has a main street or town square area with a mix of commercial, residential, civic, cultural, and recreational uses. Residential areas may have some civic uses, and smaller “corner store” uses. 272-303.2 B Location An intermediate neighborhood may be in an area where the Comprehensive Plan future land use map shows a TND High Density character district, or a neighboring TND Medium Density character district. 272-303.2 C Neighborhood unit size Neighborhood unit size in an intermediate neighborhood must be 20 to 250 acres. Intermediate neighborhood sites 3 to < 20 acres must be planned as a partial TND. 272-303.2 D Required transect zones Partial TND (§ 272-304.1): NT-3 NT-4 Full TND (§ 272-304.2): NT-3 NT-4 NT-4U NT-5 Transect zone distribution is in § 272-305. 272-303.3 Town center neighborhood 272-303.3 A Description A town center neighborhood has a mix of multiunit housing, commercial development, and civic uses that serve the broader community. It has a small mixed use downtown or focal point. Complementary civic uses, and smaller “corner store” uses, are embedded in its more residential areas. 272-303.3 B Location A town center neighborhood may be in an area that the Town Board chooses, based on the Comprehensive Plan future land use map. 272-303.3 C Neighborhood unit size Neighborhood unit size for a town center neighborhood must be 20 (≥ 40 preferred) to 250 acres. A town center neighborhood unit may be ≥ 15 acres, for a TND retrofit of a site with preexisting development. (See Article 7 for other requirements about retrofitting preexisting development for TND 272-303.3 D Required transect zones Partial TND (§ 272-304.1): not allowed for a town center neighborhood. Full TND (§ 272-304.2): NT-4 NT-4U NT-5 Transect zone distribution is in § 272-305. 16 • § 272-304 • Town of Ithaca New Neighborhood Code 272-304 Full and partial TND 272-304.1 Partial TND A mixed use village (§ 272-303.1) or intermediate neighborhood (§ 272-303.2) site that is too small for a full neighborhood unit may have a regulating plan for a partial TND. ▶ Partial TND size must be 3 to < 20 acres. A partial TND must have provisions to make it an integral part of a larger future neighborhood unit. 🚫 A site for a new partial TND must not have any neighboring full TNDs. 272-304.2 Full TND A full TND has one or more neighborhood units, each the site of a (future) complete neighborhood. Full TND size must be ≥ 20 acres (or ≥15 acres, only for a town center neighborhood type, where § 272-303.3 C allows). A regulating plan for a full TND must include any neighboring partial TNDs, and make them part of a larger cohesive neighborhood unit. ▶ Neighborhood unit shape must be as simple, compact, and contiguous as possible. 🚫 Protrusions, strips, or fragments of land with conventional zoning must not be in or among neighborhood unit areas. Town of Ithaca New Neighborhood Code • § 272-305 • 17 272-305 Transect zone distribution This table shows the percentage of land in a neighborhood unit that a regulating plan must distribute and map to a specific transect zone. ▼ Neighborhood type % of land area allotted to a transect zone NT-3 NT-4 NT-4u NT-5 ① Mixed use village Partial TND (3 - 10 ac) 0% - 100% 0% - 100% • • Partial TND (3 - < 20 ac) 50% - 70% 30% - 50% • • Neighborhood unit in a full TND (≥ 20 ac) 40% - 65% 30% - 50% • 5% - 20% ② Intermediate neighborhood Partial TND (3 - 10 ac) 0% - 100% 0% - 100% • • Partial TND (3 - < 20 ac) 40% - 60% 40% - 60% • 0% - 20% Neighborhood unit in a full TND (≥ 20 ac) 30% - 50% 30% - 50% 0% - 20% 10% - 20% ③ Town center neighborhood Neighborhood unit in a full TND (≥ 20 ac; ≥ 15 ac for TND retrofit) • 20% - 50% 0% - 50% 10% - 50% 272-306 Thoroughfare and street pattern 272-306.1 General layout 272-306.1 A Access (1) A thoroughfare network must ① be open to the public; and ② offer safe and direct vehicle, pedestrian, and bike access to all parts of a neighborhood unit. (2) 🚫 A thoroughfare must not have gated access. (3) 🚫 A TND site must not have a reserve or spite strip that blocks ① future connection or extension of a thoroughfare, or ② access to neighboring lots. 272-306.1 B Alignment and connectivity Thoroughfare alignment must: • meet block requirements in the next subsection (§ 272-306.2); • extend existing streets into the neighborhood unit area; • connect to existing stub street provisions; • have stub street provisions to bordering properties (§ 272-306.1 B); and • follow the route of streets on the Town of Ithaca official map, where relevant. 272-306.2 Blocks 272-306.2 A Full blocks A full block has: • vehicle streets (yield street, local street, through street (§ 272-307.4 - § 272-307.6), or other existing streets) on all sides; or • a pedestrian street (§ 272-307.2) on one block side, and vehicle streets on all other sides. (See the graphic for block side and perimeter at § 272-306.2 E.) 18 • § 272-306 • Town of Ithaca New Neighborhood Code 272-306.2 B Stub streets and partial blocks (1) A subdivision or development phase on a TND site must have stub streets extending to the boundary of neighboring land that has not yet been subdivided. ▶ (2) Stub street locations must let future neighboring development to connect in a way that makes the resulting blocks meet side and perimeter length requirements in this subsection. (Block side and perimeter length requirements are in § 272-306.2 E.) ▶ (3) Stub streets must be located so the partial block perimeter (not including half the width of alleys on the partial block) in the subject subdivision is ≤ 50% of the maximum block perimeter length for the zone. ▶ (4) A stub street must have the same level of improvements as other thoroughfares in the subdivision area, up to the boundary of the phase or subdivision area. (5) A stub street ≥ 150’ long (centerline to center point at the end) with fronting lots must have a temporary turnaround. Turnaround requirements are the same as for single outlet streets (§ 272-306.2 C 3). ▶ (6) A stub street must have a durable sign at the end, that says the street will connect to future development. (7) A stub street is optional where the neighboring land: • is a park or civic use; • will stay undeveloped (examples: agricultural zoning or future land use); or • has constraints that make a future connection or full block impractical or impossible. 272-306.2 C Single outlet streets (1) A single outlet street may be an option in a TND site only: • where site constraints make it the only way to ① develop part of a site, or ② accommodate an existing natural or built feature that is a permanent barrier to development; and • a different block structure is physically impossible. 🚫 Otherwise, a TND site must not have a single outlet street. (2) A single outlet street must have one of these forms (order: most to least preferred). ▼ • Loop lane or close. • Branch, hammerhead / T, or Y turnaround. • Cul-de-sac. Town of Ithaca New Neighborhood Code • § 272-306 • 19 (3) A turnaround or cul-de-sac must allow fire apparatus to turn around. This table shows requirements for turnarounds. ▼ Turnaround attribute Preferred NYS Uniform Code compliant Roadway width ≥ 14’ ≥ 20’ Surface width able to support fire apparatus ≥ 20’ ≥ 20’ Inside turning / curb radius (roadway) ≥ 20’ ≥ 28’ Cul-de-sac radius (roadway) ≥ 35’ ≥ 48’ Turnaround arm (branch, hammerhead / T, Y): centerline to curb face at the end (roadway) ≥ 40’ ≥ 60’ A cul-de-sac must have a landscape island. Landscape island radius is 20’ less than the paved bulb radius. Preferred dimensions consider the area that a large aerial platform truck needs to turn around. (50’ long, 10’ wide, 22’ wheelbase, AASHTO equivalent: Intercity Bus BUS-45.) Uniform Code compliant dimensions reflect minimum requirements in the 2015 New York Uniform Fire Prevention and Building Code. The New York State DCEA Syracuse Regional Board of Review may consider a variance to Uniform Code compliant turnaround dimensions (19 NYCRR § 1205). (4) The end of a single outlet street must be next to or have a ≥ 8’ wide right-of-way (or wider, if a utility easement needs it), with a shared use path that leads to the closest nearby street, park, or civic use, where possible. ▶ 272-306.2 D Alleys (1) A block in the NT-4U and NT-5 zones must have an alley (§ 272-307.3) or functionally similar common access to the rear of all building lots. A block in the NT-3 or NT-4 zone should have an alley or functionally similar common access to the rear of all building lots, to: 20 • § 272-306 • Town of Ithaca New Neighborhood Code • Reduce curb cuts, and conflicts between cars and people on the sidewalk. • Increase the amount of on street parking. • Make it easier to install and maintain utilities. • Help collect and treat stormwater. • Improve access to back yards for maintenance or construction. • Reduce paved areas in front yards, and impervious surface area on the block. • Reduce the total cost of off-street parking access, compared to street entry driveways. A partial block at the edge of a TND site does not need an alley, unless (2) applies, (2) An alley must be along the back of lots that: • allow a building with a ≤ 10’ front or corner side setback (see § 272-403 for building types and zones where this applies); or • front on a pedestrian street. (3) Alley entrances on opposite sides of a street should align with each other. (4) 🚫 An alley should not intersect a ① through street or ② storefront frontage area. (5). An alley must not have a permanent dead end. 272-306.2 E Block side and perimeter length This table shows maximum block side, perimeter, and single outlet street length. ▼ Block attribute NT-3 NT-4 NT-4u NT-5 Block perimeter length ≤ 2,400’ ≤ 2,000’ ≤ 2,000’ ≤ 2,000’ Block side length ≤ 600’ ≤ 600’ ≤ 500’ ≤ 500’ Single outlet street length (where § 272-306.2 C allows it) ≤ 300’ • • • • Block perimeter length is measured along the centerline of all thoroughfares (but not alleys) surrounding the block. ▶ • Block side length is measured along the centerline of a thoroughfare along a block, between two intersecting thoroughfares that surround the same block. If the block shape is not rectilinear, average of the 2 longest sides must be less than the minimum block length. • Single outlet street length is measured along the street centerline, from the center of the intersection to the center of the turnaround point. (See graphic in § 272-306.2 C.) • Block perimeter or side length measurement does not include any parks or civic building lots on the block. ▶ Town of Ithaca New Neighborhood Code • § 272-306 • 21 272-306.2 F Increasing maximum block side or perimeter length (1) Pedestrian passage: A block may have a side length that is ≤ 25% longer than the normal maximum for the zone, if a ≥ 20’ wide park or pedestrian passage cuts through it. (See the previous table in § 272-306.2 E for maximum block side and perimeter length.) ▶ (2) Natural and linear features: A block may have a side or perimeter length that is longer than the maximum for the zone, if existing natural or manmade linear features: • are a permanent barrier to development; or • make future cross streets impractical or impossible. If this is the case: • deviation from the maximum length must be as small as possible; and • the block must have a ≥ 20’ wide park or pedestrian passage through it, where possible. (See the previous table in § 272-306.2 E for maximum block side and perimeter length.) (3) Nonconforming buildings: The thoroughfare pattern for a TND site must meet block side and perimeter length requirements, even if a future thoroughfare route through a nonconforming building is unavoidable. ▶ If a building with a nonconforming length is in the way of a planned thoroughfare, the block it sits on may have a longer side or perimeter length than the normal maximum. (See 272- 306.2 E.) Deviation from the maximum length must be as small as possible. If the part of a nonconforming building over a planned thoroughfare area ① has < 50% of its replacement cost in damage (see § 272-702.2 I), or ② is destroyed or removed: • improvements for the planned thoroughfare must be complete; or • a performance guarantee must be in place before any final subdivision approval or rebuilding on the site. (See § 272- 803.4 A.) ▶ 22 • § 272-307 • Town of Ithaca New Neighborhood Code 272-307 Thoroughfare types 272-307.1 General 272-307.1 A Thoroughfare types, elements, and configuration in general This section defines 5 thoroughfare types. • Pedestrian street (§ 272-307.2) • Alley (§ 272-307.3) • Yield street (§ 272-307.4) • Local street (§ 272-307.5) • Through street (§ 272-307.6) A street has these parts. ▶ • Sidewalks (§ 272-307.9): solid walking path along the right-of-way edge. (Not a part of an alley.) • Planting strips (§ 272-307.8): landscaping or hardscaping area between the pavement edge and sidewalk. • Roadway (§ 272-307.7): paved street area with any vehicle and bike lanes, on-street parking areas, and curbs or edges (alley, yield street, local street, through street); or a vehicle-free open area that serves as a common green (pedestrian street). o Median strips are in the roadway area, but planting requirements are the same as for planting strips. A new or rebuilt thoroughfare must meet thoroughfare type and design (and related construction / engineering) requirements for the zone. Where transect zones or intersections of different thoroughfare types cause a conflict, requirements for the higher zone or street type apply. A private thoroughfare must meet the same thoroughfare type and design (and related construction / engineering) requirements as a public thoroughfare. Illustrations show one of many possible cross-sections for a thoroughfare type. Different cross-sections are possible by applying different options for the thoroughfare type, and working with the Town of Ithaca Department of Public Works. 272-307.1 B Existing thoroughfares For an existing thoroughfare in or along the border of a preliminary plat subdivision area of a TND site, an applicant must: • upgrade the thoroughfare; or • have a performance guarantee for upgrading the thoroughfare (§ 272-803.4 A), to meet requirements in this section much as possible: • before final plat approval for a bordering subdivision or development phase; or • when it is repaved or substantially rebuilt. Town of Ithaca New Neighborhood Code • § 272-307 • 23 272-307.2 Pedestrian street A pedestrian street is a vehicle-free thoroughfare for public pedestrian passage, and access to storefronts or residential lots that face it. A pedestrian street may accommodate occasional emergency or service vehicle access. ⌘ Allowed zones NT-3 NT-4 NT-4u NT-5 ↹ Right-of-way ≥ 36’ w ① Sidewalk (§ 272-307.9) Sidewalk On sides of the street with building lot frontage NT-3 NT-4 NT-4u ≥ 5’ w NT-5 ≥ 8’-10’ w ② Planting strip (§ 272-307.8) Greenway area NT-3 NT-4 NT-4u ≥ 26’ w NT-5 ≥ 20’ w Hardscaping coverage NT-3 NT-4 NT-4u ≤ 20% NT-5 ≤ 80% Landscaping coverage NT-3 NT-4 NT-4u ≥ 80% NT-5 ≥ 20% Other requirements • Lots that front on a pedestrian street must back onto an alley. • Distance of any part of a pedestrian street from a yield, local, or through street: ≤ 150’. • Greenway area landscaping: see § 272-307.8. • A legal and financial mechanism must ensure proper maintenance and snow removal of the sidewalk and greenway area. • A pedestrian street must serve as a public way, whether ownership is public or private. 🚫 A pedestrian street area must not be fenced or functionally privatized. 24 • § 272-307 • Town of Ithaca New Neighborhood Code 272-307.3 Alley An alley gives access to the side or rear of lots; and rear-loading garages, parking areas, and outbuildings. An alley is also a location for utility easements, and trash and recycling pickup. 🚫 An alley is not meant for through traffic. △ Geometry Corner curb / roadway radius 5’ - 30’ AASHTO design vehicle at crawl speed ≥ WB-20 (ft) / -6 (m) rear-load garbage truck Other aspects of geometry: use NYSDOT or AASHTO standards to adjust for local conditions. ♢ A planting strip may have landscaping, trash can / bin pads, driveway skirts, stormwater infrastructure, or surfaces to maneuver a vehicle. A planting strip must accommodate underground utilities. ‡ Keep materials and grade of sidewalks consistent where they cross an alley. ⌘ Allowed zones NT-3 NT-4 NT-4u NT-5 ↹ Right-of-way ≥ 28’ w ② Planting strip (§ 272-307.8) Planting strip ♢ NT-3 NT-4 ≥ 7’ w, 2 sides NT-4u NT-5 ≥ 5’ w, 2 sides ③ Roadway (§ 272-307.7) ‡ Traffic lane: 2 way shared NT-3 NT-4 14’-20’ w, 1 lane NT-4u NT-5 18’-24’ w, 1 lane Traffic lane: 2 way shared, access to lots fronting a park NT-3 NT-4 20’-24’ w, 1 lane NT-4u NT-5 n/a Town of Ithaca New Neighborhood Code • § 272-307 • 25 272-307.4 Yield street A yield street has a wide shared traffic lane, and parking on one or both sides. ⌘ Allowed zones NT-3 NT-4 NT-4u ↹ Right-of-way ≥ 50’ w ① Sidewalk (§ 272-307.9) Sidewalk ≥ 5’ w, 2 sides Sidewalk: loop lane ≥ 5’ w, outer side ② Planting strip (§ 272-307.8) Planting strip ≥ 8’ w, 2 sides Planting strip: loop lane ≥ 8’ w, outer side Center parkway: loop lane ‡ ≥ 60’ w, inner side ‡ Center parkway landscaping: see § 272-307.8. ‡ A legal and financial mechanism must ensure proper maintenance of a loop lane parkway area. ③ Roadway (§ 272-307.7) Parking lane: parallel 8’-9’ w, 1 side * Traffic lane: 2 way shared 16’-18’ w, 1 lane Traffic lane: 1 way loop lane 9’-11’ w, 1 lane △ Geometry Corner curb / roadway radius 5’-15’ AASHTO design vehicle at crawl speed ≥ SU-30 (ft) / -9 (m) Other aspects of geometry: use NYSDOT or AASHTO standards to adjust for local conditions. * Streets with 1 parking lane should have alternate side parking. 26 • § 272-307 • Town of Ithaca New Neighborhood Code 272-307.5 Local street A local street has two vehicle lanes, and parking on one or both sides. ⌘ Allowed zones NT-3 NT-4 NT-4u NT-5 ↹ Right-of-way NT-3 NT-4 ≥ 60’ w NT-4u NT-5 ≥ 66’ w ① Sidewalk (§ 272-307.9) Sidewalk ♢ NT-3 NT-4 ≥ 5’ w, 2 sides NT-4u NT-5 ≥ 6’ w, 2 sides ② Planting strip (§ 272-307.8) Planting strip ≥ 8’ w, 2 sides + Bike track (optional) 5’ - 7’ w, 2 sides ③ Roadway (§ 272-307.7) Parking lane: parallel 8’ - 10’ w, 1 or 2 sides * Traffic lane 9’ - 11’ w, 2 lanes + Center median (optional) ‡ ≥ 9’ w + Bike lane / track (optional) 5’ - 7’ w, 2 sides △ Geometry Corner curb / roadway radius 5’ - 15’ AASHTO design vehicle at crawl speed ≥ S-BUS-36 (ft) / -11 (m) school bus ≥ WB-40 (ft) / -12 (m) CITY-BUS (bus routes, for streets acting as collectors) Other aspects of geometry: use NYSDOT or AASHTO standards to adjust for local conditions. ♢ Sidewalks in storefront frontage areas should be wider, for outdoor dining or sidewalk sales, and a ≥ 6’ clear path for pedestrians. * Streets with 1 parking lane should have alternate side parking. ‡ Median landscaping: see § 272-307.8. Town of Ithaca New Neighborhood Code • § 272-307 • 27 272-307.6 Through street A through street is a minor or major arterial (in the Tompkins County Highway Functional Classification Map: Urbanized Area ) that borders or passes through a neighborhood unit area. △ Geometry Corner curb / roadway radius 10’ - 30’ AASHTO design vehicle at crawl speed ≥ WB-62 Other aspects of geometry: use NYSDOT or AASHTO standards to adjust for local conditions. ♢ Sidewalks in storefront frontage areas should be wider, for outdoor dining or sidewalk sales, and a ≥ 6’ wide clear path for pedestrians. * 🚫 Must not be a continuous two-way left turn lane (TWLTL). ‡ Median landscaping: see § 272-307.8. ¶ Through streets, or alternative parallel route ≤500’ from through street RoWs. should have bike lanes or tracks. ⌘ Allowed zones NT-3 NT-4 NT-4u NT-5 ↹ Right-of-way ≥ 70’ w ① Sidewalk (§ 272-307.9) Sidewalk ♢ NT-3 NT-4 ≥ 6’ w, 2 sides NT-4u NT-5 ≥ 8’ w, 2 sides ② Planting strip (§ 272-307.8) Planting strip ≥ 8’ w, 2 sides + Bike track (optional) ¶ 5’ - 7’ w, 2 sides ③ Roadway (§ 272-307.7) Parking lane: parallel 8’ - 11’, 2 sides Traffic lane 10’ - 12’ w, 2 or 4 lanes + Center turn lane: 1 way (optional) * 10’ - 12’ w, 1 lane + Center median (optional) ‡ ≥ 15’ w + Bike lane / track (optional) ¶ 5’ - 7’ w, 2 sides 28 • § 272-307 • Town of Ithaca New Neighborhood Code 272-307.7 Thoroughfare elements: roadway 272-307.7 A Pavement A roadway surface must be solid pavement. An alley or on- street parking area may also use pervious pavement. ▶ 272-307.7 B Accommodating design vehicles (1) Thoroughfare design must make pedestrian safety and comfort the top priority, while keeping streets accessible for freight, public transit, and cyclists where appropriate. Thoroughfare design must minimize ① the possibility of difficult vehicle turns that might hurt the pedestrian environment, ② crosswalk lengths at intersections, and ③ curb radii. (2) Roadway and intersection design must accommodate the effective turning radius and swept path of the design vehicle for the thoroughfare type. This includes design and siting of features like: • Curves, curb radii, medians, traffic calming features, on- street parking, and stop lines. • Pedestrian ways, light and signal poles, signs, fire hydrants, street furniture, and trees. “Accommodating” may allow limited crossing into adjacent traffic, turn, or bike lanes for turning movements. Use crawl speed (🚫 not design speed) to work out accommodation of a turning design vehicle. ▶ Designers should be prepared to show evidence that supports a certain thoroughfare alignment or design. The Town Engineer (or their designee) may require swept path analysis based on a larger or smaller design vehicle, if local conditions justify it. 272-307.7 C Bike lanes and tracks (1) Bike lanes on a roadway may be ① along the curb or roadway edge, or ② between on-street parking and a traffic lane. A drainage gutter pan is not part of a bike lane. (2) A bike track may be on the planting strip side of a curb. Minimum planting strip width does not include bike track width. (3) A bike lane or track may use a planting strip, curb, painted or textured buffer, tubular marker, or similar feature to separate it from a traffic lane. (4) A single bike lane or track is for one-way bike traffic. Two parallel bike lanes may be used for two-way bike traffic. (5) 🚫 Drainage inlets along a bike lane should not use surface grates. If a grate in a bike lane is unavoidable, it must be ① bike safe, and ② flush with or set back from the roadway. 🚫 A parallel bar drainage grate must not be in a bike lane. Town of Ithaca New Neighborhood Code • § 272-307 • 29 Examples of bike lane locations. Any these configurations may be for one way (one lane) or two-way (two lanes) bike traffic. On street (between traffic lane and parking lane) with visual separation. (Best for low speed environments,) On street (bike shoulder, between traffic or parking lane and curb) with visual separation. On street (between parking lane and curb) with physical separation. On street (two way bike lanes, between traffic lane and curb) with visual separation. Off street (sidewalk or shared use path with separate bike lane, between planting strip and sidewalk) with visual separation. Off street (raised cycle track, between street and planting strip) with physical separation. 30 • § 272-307 • Town of Ithaca New Neighborhood Code 272-307.7 D Traffic calming (1) A thoroughfare may have one or more of these traffic calming features. Some types of traffic calming must not be on a through street, emergency response route, or transit bus route. Traffic calming feature Description and design considerations Example 🄰 Bulbout Planting strip extension into the parking lane, narrowing a roadway at key corner and mid-block locations. 🄱 Chicane Series of alternating mid-block curb extensions or islands that narrow a roadway, and force vehicles to follow a curving path. 🚫 Must not be on a through street, emergency response route, or transit bus route. 🄲 Roundabout Circular intersection, where road traffic flows in one direction around a central island. This also includes mini-circles, which are circular islands in the middle of an intersection. 🄲 Pinch point Raised landscape island along a street edge that ① narrows travel lanes, or ② limits 2 way traffic to 1 lane. 🄲 Raised crosswalk Sidewalk or trail across a street at a constant grade, elevating the crosswalk above the roadway, and bringing motor vehicles to the pedestrian level. 🚫 Must not be on a through street, emergency response route, or transit bus route. 🄲 Raised intersection Elevated street intersection area, with sidewalks at a constant grade crossing it. 🚫 Must not be on a through street, emergency response route, or transit bus route. 🄲 Texture Pavement with a contrasting color and texture (examples: polymer cement overlay, paving blocks) that ① visually shortens or narrows the street, ② makes an intersection or crosswalk stand out, ③ cues drivers to changing surroundings, or ④ serves as public art. Town of Ithaca New Neighborhood Code • § 272-307 • 31 (2) A street may have other horizontal and psychological forms of traffic calming, on a case-by-case basis. 🚫 Traffic calming must not use ① speed bumps, or ② barriers or diversion that prevent through traffic. (3) Right-of-way, roadway, and planting width may vary from requirements for the street type, for traffic calming features. (4) A traffic calming feature may have a narrower fire apparatus access width than what the New York State Uniform Code requires, if the fire code official approves the design. (See 2015 Uniform Code § 504.3.1, or the most current version.) 272-307.7 E On-street parking (1) A thoroughfare designed for on-street parking on only one side must accommodate alternate side parking. (2) The Town may reserve specific on-street parking spaces for ADA accessible parking. Amount, location, and design of ADA accessible on-street parking space must meet state or federal accessibility guidelines or requirements. For meeting any accessibility guidelines or requirements, the NT-5 zone is a “commercial” area, and other transect zones are “noncommercial” areas. (Off-street ADA accessible parking requirements are in § 272-503.1 B.) (3) The Town may reserve parts of on-street parking lanes for other uses with a public benefit. Examples include: • Loading or waiting area. • Bus stop or bulb. • Carshare or bikeshare parking space. • Government or public safety vehicle parking space. • Taxi stand. • Vehicle charging station. • Short term valet parking. • Short term mobile food vending. (See § 272-603.9: Semi-mobile uses.) • Short term “pop up” installation. (Examples: parklet, art display, public seating.) 32 • § 272-307 • Town of Ithaca New Neighborhood Code 272-307.7 F Roadway edge A roadway must have edges on both sides. This table lists and describes pavement edge types, and the zones that allow them. Roadway edge type Description and design considerations Example - cross section Zone ① Flush edge (alley with concrete pavement only) • A flush edge is where the edge of a roadway is flush with the planting strip or landscaping area, without a shoulder or curb. NT-3 NT-4 NT-4u ② Flat curb • A flat curb is flush to a roadway and planting strip. It gives access to driveways and walkways without needing a curb cut. • A flat curb must be made of concrete, curb stones, or paving stone borders, that can support the roadway edge. NT-3 NT-4 NT-4u ‡ NT-5 ‡ ③ Mountable curb • A mountable curb (also roll curb or shoulder gutter) is a sloping face, to let a vehicle cross it without scraping tires or wheels. It may have cuts for driveways, walkways, or runoff. A flatter roll curb gives access to driveways and walkways without a cut. • A mountable curb must be made of granite, concrete, or curb stones, that can support the roadway edge. NT-3 NT-4 NT-4u ‡ NT-5 ‡ ④ Vertical curb • A vertical curb (also barrier or straight curb) has a steep ≥ 6” high face. Its design prevents vehicles from leaving the street surface. It may have cuts for driveways, walkways, or runoff. • A vertical curb must be made of granite, concrete, or curb stones, that can support the roadway edge. • A vertical curb may have a mountable face ① where service or emergency vehicle passage would be difficult without it, or ② along medians. • 🚫 A vertical curb must not be in an alley NT-3 NT-4 NT-4u NT-5 ‡ A flat or mountable curb in the NT-4u and NT-5 zones may be used only for a ① mixed street, ② park area with a hardscape surface, ③ curb or drainage cut, ④ alley access, ⑤ rain garden or swale, ⑥ traffic calming feature, or ⑦ emergency vehicle access or passage. 🚫 A curb must not be made of wheel stops or extruded asphalt, because they lack structural support, are not durable, and have an unfinished look. Town of Ithaca New Neighborhood Code • § 272-307 • 33 272-307.8 Thoroughfare elements: planting strip 272-307.8 A Planting strip types An alley, yield street, local street, and through street must have planting strips. This table lists and describes planting strip types, and the zones that allow them. Planting strip type Description and design considerations Example Zone ① Swale / bioswale • A swale is a shallow, gently sloping (≤ 6°) linear depression, with native and adapted grasses and plants. It moves, slows, and soaks up stormwater; filters pollutants; and enhances the landscape. • Swale areas must have areas for street tree planting, with average spacing of ≤ 35’. (See § 272-307.8 C.) • A swale may take the form of a small creek or stream, on one side of a street or alley in the NT-3 zone. • A planting strip may include an existing ditch. 🚫 A planting strip must not have a new ditch. NT-3 NT-4 NT-4u ② Tree lawn • A tree lawn is a linear landscape area between a roadway and sidewalk. It has manicured turf or other groundcover, and street trees. NT-3 NT-4 NT-4u NT-5 ③ Tree grate/well • A tree grate or well area has pervious pavement or hardscaping, with grates or planting wells surrounding street trees. A pervious surface lets rainwater reach tree roots. Grates and wells prevent soil compacting above roots. A tree grate or well area may also have other features, like landscaping, bike racks, or street furniture. • A tree grate or well area must have structural soil ≥ 3’ deep, along the planting strip and the neighboring sidewalk. Structural soil must have a ≥ 24” / hour infiltration rate, and ≥ 26% porosity at 100% peak density. NT-5 34 • § 272-307 • Town of Ithaca New Neighborhood Code 272-307.8 B Planting strip width Planting strip width may vary from default requirements ① on a bridge, or ② to accommodate natural features. 272-307.8 C Tree planting (1) Planting strips on both sides of a thoroughfare must have an average of ≥ 1 tall tree every 35’ along a block face. Street tree spacing must be as even as possible along a block face. (A list of tall trees is in § 272-504.4 A.) ▶ Street trees are optional in alley planting strips. A median, parkway, or pedestrian street surface area (greenway) must have: • an average of ≥ 1 tall tree every 35’ along a block face; or • ≥ 1 tall tree for every 600 ft² surface area, whatever results in more trees. Two short trees may substitute for a tall tree, for ≤ 50% of required tall trees. (A list of short trees is in § 272-504.4 B.) (2) A swale or bioswale in a planting strip must have raised areas for street tree planting. As an alternative, street trees may be on the other side of the sidewalk, in front and corner side yards. 272-307.8 D Street lighting (1) Street lighting must meet outdoor lighting performance standards in Town Code Chapter 173 (outdoor lighting). (2) This table shows maximum street light height and lighting level for each street type. Street type Street light height Average light level on the surface Roadway / median Sidewalk , bike path Intersection area, mid-block crossing Bus stop Pedestrian street ≤ 12’ ≤ 2 lux ≤ 5 lux • • Alley ≤ 12’ ≤ 3 lux • ≤ 6 lux • Yield street ≤ 12’ ≤ 4 lux ≤ 5 lux ≤ 8 lux • Neighborhood street ≤ 16’ ≤ 6 lux ≤ 5 lux ≤ 12 lux ≤ 20 lux Through street ≤ 18’ ≤ 9 lux ≤ 10 lux ≤ 18 lux ≤ 20 lux (3) Street lighting color temperature must be ≤ 3000K (warm white). ▶ (4) 🚫 A street light pole, arm, or luminaire must not be unpainted or bare metal. Color should be ① black, or ② dark green or brown (HSL color model: lightness of 15% - 30%). (5) 🚫 A street light pole must not block or be on a curb ramp or pedestrian way. 1900K 2200K 3000K 🚫 4000K 🚫 4800K 🚫 5000K color temperatures Town of Ithaca New Neighborhood Code • § 272-308 • 35 272-307.9 Thoroughfare elements: sidewalk 272-307.9 A Sidewalk surface (1) A sidewalk or transit stop pad surface must be ≥ 1 of these materials. • Concrete • Brick or paver blocks • Stone slabs (examples: bluestone, sandstone, slate) A sidewalk along the side of a park in the NT-3 , NT-4 , or NT-4u zone may also have an asphalt, stabilized crushed stone, or decomposed granite surface. ▶ (2) Sidewalk surface material must continue across intersecting driveways and alleys. 🚫 Driveway or alley surface material that is different must not cover or cross an intersecting sidewalk. 272-307.10 Fire apparatus access 272-307.10 A Clear width (1) Clear width of a roadway that serves as a fire apparatus access road must meet ① relevant Uniform Code requirements, or ② conditions of a variance to the Uniform Code. A clear width area may include surfaces with a load capacity that meets Uniform Code requirements next to the roadway. ▼ 272-308 Parks 272-308.1 Required parkland 272-308.1 A Minimum parkland area Parkland area must make up: • Town center neighborhoods: ≥ 10% of total TND site and individual neighborhood unit area. • Intermediate neighborhoods and mixed use villages: ≥ 15% of total TND site and individual neighborhood unit area. 36 • § 272-308 • Town of Ithaca New Neighborhood Code Parkland does not include these areas. • 🚫 Land left over after planning and siting for other uses. • 🚫 Land not protected from later development. • 🚫 Land that acts as part of the private realm. • 🚫 Land with a key role as something other than parkland, regardless of who owns it. • 🚫 Utility easements. • 🚫 Detention/retention pond or basin that is single purpose, fenced, or with a utilitarian design. 272-308.1 B Required parks in a neighborhood unit (1) There must be a park ≤ 1,000’ from every building lot in a neighborhood unit. ▶ (2) A neighborhood unit must have a square or green as close to the center of the pedestrian shed or most built-up area as possible. (Park type descriptions are in § 272-308.2.) ▶ 272-308.2 Park types This table describes allowed park types and configurations in a TND area. ▼ Park type Description and design considerations Example 🄰 Trail • Description: Informal linear space, with a paved or stabilized path. A longer trail may follow a natural feature; connect larger parks; link residential areas to neighborhood centers or civic uses; or be part of a larger network of trails. A trail may also be a linear park, or a shortcut through a block. • Typical uses: Passive recreation, walking, running, cycling, education. • Size: Width 20’ - 60’ (trail surface and adjoining land). • Groomed/improved area: ≥ 25%. • Street frontage: ≥ 20’ where it meets a street. 🄱 Pocket park • Description: Small-scale public space, that serves as a gathering place for people who live or work nearby. • Typical uses: Passive recreation, scenic overlook, seating, gathering, lawn games, playground, community garden. • Size: 2,500 ft² - 10,000 ft². • Groomed/improved area: ≥ 75%. • Street frontage: ≥ 20% of perimeter length. 🄲 Green • Description: Informal public space for gathering and unstructured recreation, in a largely residential setting. Streets, building frontages, and landscaping help define the space. • Typical uses: Passive recreation, seating, gathering, lawn games, playground, community garden. • Size: 10,000 ft² - 5.0 acres. • Groomed/improved area: ≥ 75%. • Street frontage: ≥ 50% of perimeter length. Town of Ithaca New Neighborhood Code • § 272-308 • 37 Park type Description and design considerations Example 🄲 Square • Description: Formal public space for gathering, unstructured recreation, and other passive or active uses. A square should define the focal point of a neighborhood unit. Streets, building frontages, and landscaping help define the space. Walkways and plantings are at all edges. • Typical uses: Unstructured recreation, gathering, casual seating, performing arts, farm or craft market, neighborhood festival. • Size: 10,000 ft² - 2.0 acres. • Groomed/improved area: 100%. • Street frontage: ≥ 75% of perimeter length. 🄲 Neighborhood park • Description: Public space with a balance of active and passive recreation. • Typical uses: Active and passive recreation, community center, athletic fields and courts, swimming pool, dog park, playground, garden plots, gathering. • Size: ≥ 1.0 acres (≥ 5.0 acres preferred). • Groomed/improved area: ≥ 75%. • Street frontage: ≥ 50% of perimeter length. 🄲 Community park • Description: Public space with a balance of active and passive recreation, that may attract more visitors from a larger area than a neighborhood park. • Typical uses: Active and passive recreation, community center, athletic fields and courts, swimming pool, dog park, playground, garden plots, gathering. • Size: ≥ 10 acres. • Groomed/improved area: ≥ 50%. • Street frontage: ≥ 30% of perimeter length. 🄲 Natural preserve • Description: Public space in a mostly undeveloped state. that preserves a natural, scenic, or agricultural resource. • Typical uses: Quiet passive recreation, nature trail, education, agriculture, conservation, wildlife corridor. • Size: ≥ 5 acres. • Groomed/improved area: ≤ 20%. • Street frontage: ≥ 20% of perimeter length. 38 • § 272-308 • Town of Ithaca New Neighborhood Code 272-308.3 Configuration 272-308.3 A Location (1) These are key factors in park location. • Ease of access from within the neighborhood. • Central location for its service area. • Site shape and compactness. • Visibility from the street and street-facing building entries. • Links to other park areas. • Presence of natural and riparian features. • Physical suitability and aesthetic qualities. (2) These primary conservation resources should be part of a park network. ▶ • Water bodies and stream setback areas. (See Zoning Code § 270.219.5: stream setbacks.) • Wetlands. • (Tompkins County) Unique Natural Areas (UNAs). (3) These secondary conservation resources should also be part of a park network. • Mature forest lands. • Prime farmland. (See criteria and surveys from the United States Department of Agriculture (USDA) Natural Resources and Conservation Service (NRCS), and New York State.) • Scenic view points and corridors. • Wildlife corridors. (4) Neighborhood design and park siting must make natural features an integral part of the public realm, where possible. ▶ 272-308.3 B Connectivity Parks should connect through trails, linear parks, or parkways where possible, to make a community-wide network. ▼ 272-308.3 C Access A park must be accessible to the public, no matter who owns it. Access may be limited when needed for agriculture, research, restoring habitat, protecting sensitive habitats, or general safety. Parks should include any streams, ponds, and wetlands on a site. Town of Ithaca New Neighborhood Code • § 272-309 • 39 272-308.4 Ownership A park must be on its own lot. It must have an ownership and legal mechanism that ① prevents later development, and ② ensures proper stewardship and perpetual maintenance. 272-309 Utilities 272-309.1 Required utilities 272-309.1 A Essential utilities Every building lot in a subdivision phase, neighborhood unit, or TND site must have service and connection points (stubouts, temporary service pedestals) for these utilities. • Public water • Sanitary sewer • Electricity • Cable television / broadband Internet • Telephone / broadband Internet (fiber; if available) Supply, capacity, and service quality of all utilities must be adequate to serve the subdivision phase. 272-309.1 B Off-grid building utility connections A ① principal building, or ② dwelling unit in an accessory building, must have public water and sanitary sewer service, even if it has no service from any other utilities. 272-309.2 Utility location 272-309.2 A Underground utilities Utilities must be underground. Existing above ground wired utilities may stay, but must not be extended. ① High voltage transmission lines (≥ 110 kV), and ② temporary construction service for wired utilities, may be underground or above ground. 272-309.2 B Utility easements (1) Utility easements for service to building lots (distribution) should be: • in an alley; • along rear and corner side lot lines; • along front and corner side lot lines, behind the sidewalk (preferred for easements in front of building lots); or • in a street right-of-way, but in a location that still allows street tree planting. A utility easement must not be: • 🚫 under a potential building footprint; or • 🚫 at a location that does not allow a usable building footprint for a lot. (See lot usability requirements in § 272-403.21.) (2) Utility easement location must: • continue alignment of existing easements into and through the TND site; and • have provisions to connect and continue the utility grid to ① neighboring parts of the TND site, and ② nearby areas where the Comprehensive Plan expects or recommends development. 40 • § 272-309 • Town of Ithaca New Neighborhood Code 272-309.3 Utility equipment facilities This subsection has requirements for neighborhood-serving utility equipment facilities. For utility and communication uses, utility substation siting and screening requirements in Article 6 also apply. (See § 272- 603.8.) For building mounted mechanical and utility equipment, building design requirements in Article 4 apply. (See § 272-404.3 L and § 272-404.3 M.) For lot-specific ground mounted mechanical equipment, equipment location and screening requirements in Article 5 apply. (See § 272-506.) 272-309.3 A Form of utility equipment facilities Utility equipment facilities must be hidden from public view as much as possible. Most to least preferred form of utility enclosure is: • Underground vault or enclosure, where possible. • Integrated into a building structure. • Ground mounted utility box ① in an alley, or ② other area that is not overtly visible from the public realm. • Ground mounted utility box ① in a yield, local, or through street right-of-way, or ② front or corner side yard, only if there are no other options. 272-309.3 B Underground utility enclosures (1) Location: An underground utility enclosure site must not: • 🚫 disrupt traffic, pedestrians, or landscaping; or • 🚫 prevent street tree planting. (2) Design: An underground utility enclosure, vent, or access cover in a roadway, driveway, or parking area must be strong enough to support a 10,000 pound (4,500 kg) wheel load. 272-309.3 C Ground mounted utility boxes (1) Location: The site of a ground mounted utility box must: • be outside sidewalks, walking and shared use paths, trails, and bike paths; • be ≥ 2’’ from a roadway; • be as hidden as possible; • be outside a 20’ clear sight triangle at street or alley intersections; and • 🚫 not undermine street tree planting. Utility boxes should be in alleys, instead of street-facing yards or planting strips, where possible. (2) Design: A utility box must be as small and unobtrusive as possible. A utility box in a street right-of-way, or front or corner side yard, must be ≤ 3’ tall; and have a ≤ 4 ft² footprint. A utility box in an alley right-of-way, interior side yard, or rear yard, must be ≤ 6’ tall; and have a ≤ 6 ft² footprint. (3) Surface: A utility box must have a graffiti resistant surface. Color must be black, or dark green or brown (HSL color model: lightness of 15% - 30%). A utility box in the public right-of-way may also be a canvas for public art, with Town Board approval. (4) Screening: A utility box in a front yard, corner side yard, park, or landscape area must have landscaping, decorative fencing, or another form of screening to make it less visible from neighboring lots and the public realm. ▲ Town of Ithaca New Neighborhood Code • § 272-310 • 41 272-310 Neighborhood stormwater management 272-310.1 General design A TND site, neighborhood unit, or subdivision phase is a single project or catchment area, for stormwater management. Stormwater management on a TND site should: • Keep a compact urban form, and walkable streets and public spaces. • Have shared neighborhood-scale stormwater infrastructure. • Use a train of treatment approach to treat water sequentially at the lot, block, and neighborhood scale. • Use context sensitive stormwater management practices (SMP). • Favor low impact SMPs over intrusive or overengineered infrastructure. ▼ • Balance potential costs and benefits fairly among all landowners in the TND site, considering ① property size, ② potential level of development, and ③ physical and legal constraints. • Draw on the latest engineering practices that are consistent with these goals. 272-310.2 Performance standards These documents serve as official guides and specifications for stormwater management. Stormwater management practices that meet the most recent or successor versions of these documents meet the performance standards of this section. • Town Code § 228 (stormwater management and erosion and sediment control). • New York State Stormwater Management Design Manual (NYS DEC). • New York State Standards and Specifications for Erosion and Sediment Control (NYS DEC). • TR-55 Urban Hydrology for Small Watersheds (United States Department of Agriculture). • Precipitation Frequency Atlas of the United States (National Oceanic and Atmospheric Administration). A TND or site may use SMPs that are not in these documents, if performance meets NYS DEC requirements. Neighborhood scale stormwater management can be a community asset, and not just a code requirement. Avoid intrusive, overengineered SMPs in the public realm. 42 • § 272-310 • Town of Ithaca New Neighborhood Code This page is blank for two-sided printing and pagination. Article 4 (lots and buildings) starts on the next page. Town of Ithaca New Neighborhood Code • § 272-401 • 43 Article 4: Lots and buildings § 272-401 Overview 43 § 272-402 How to use this article 43 § 272-403 Building/lot types and disposition 44 § 272-404 Building design 81 272-401 Overview Lot and building types make up a common vocabulary for the built environment. Requirements in this article help ensure each building fits in as a positive addition to a larger neighborhood. This article defines lot and building types, and relevant dimensional and design requirements. It also defines how buildings and structures relate to each other, their lots, and their surroundings. 272-402 How to use this article This article defines 16 building types, and 1 non-building lot type (§ 272-403). Lots for parkland; right-of-way; entry feature; utility facility or corridor; or a similar purpose. • Non-building lot (§ 272-403.2) Residential buildings. • Detached house (§ 272-403.3) • Small detached house (§ 272-403.4) • Duplex (§ 272-403.5) • Paired house (§ 272-403.6) • Cottage court (§ 272-403.7) • Multiunit / collective house (§ 272-403.8) • Townhouse (§ 272-403.9) • Small apartment building (§ 272-403.10) • Apartment building (§ 272-403.11) • Courtyard apartment building (§ 272-403.12) Commercial and mixed use buildings. • One story storefront building (§ 272-403.13) • Mixed use storefront building (§ 272-403.14) • Commercial building (§ 272-403.15) • Large footprint building (§ 272-403.16) • Neighborhood service station (§ 272-403.17) Institutional, educational, government, and community buildings. • Civic building (§ 272-403.18) Each transect zone allows a range of these building types (§ 272-403.1). A subdivision must assign a specific building/lot type to all lots (§ 272-803.3 B). Zoning must allow that building type (§ 272- 403.1). A lot must meet lot area and width requirements for its assigned building type (§ 272-403.3 - § 272-403.17), along with other lot shape and siting requirements (§ 272-403.19 - § 272-403.23). 44 • § 272-403 • Town of Ithaca New Neighborhood Code The Planning Director will assign a building type to existing buildings, that most closely matches their current form. A subdivision may assign a different future building type for the lot. While a nonconforming building is standing, provisions for that type of building apply. Provisions for future building type apply to new buildings on the lot (§ 272-702.2 A). A principal building must be the assigned building type for its lot. Specific building type assignment for a lot no longer applies ① 20 years after subdivision approval; or ② when ≥ 90% of the building lot area in the subdivision, not including non- building lots, is developed (§ 272-803.3 B). All buildings on a lot must meet siting and height requirements for the building type and zone (§ 272-403.2 - § 272-403.18). Buildings must also meet stream setback requirements in the Zoning Code. Exceptions for encroachments, frontage occupancy, and building and story height, may apply in some cases (§ 272-403.19). A new building in a TND site must meet design requirements in this article (§ 272-404). Buildings must have a specific frontage feature – a porch, stoop, storefront, or at-grade entry – depending on the building type (§ 272-404.2 A). Design requirements also govern cladding and trim, wall articulation, roof form and materials, window and door openings, blank wall areas, and mechanical equipment siting and screening (§ 272-404.3). Requirements for other features on a lot (parking, landscaping, fences and walls, service areas, signs, and outdoor lighting) are in the next article (Article 5). 272-403 Building/lot types and disposition 272-403.1 Allowed building / lot type summary This table shows building / lot types (✓) allowed in a zone. ▼ Building / lot type NT-3 NT-4 NT-4u NT-5 Non-building lot (§ 272-403.2) ✓ ✓ ✓ ✓ Detached house (§ 272-403.3) ✓ ✓ • • Small detached house (§ 272-403.4) ✓ ✓ ✓ • Duplex (§ 272-403.5) ✓ ✓ ✓ • Paired house (§ 272-403.6) ✓ ✓ ✓ • Cottage court 1 (§ 272-403.7) • ✓ ✓ ✓ Multiunit / collective house (§ 272-403.8) • ✓ ✓ ✓ Townhouse (§ 272-403.9) • ✓ ✓ ✓ Small apartment building 1 (§ 272-403.10) • ✓ ✓ ✓ Apartment building 1 (§ 272-403.11) • • ✓ ✓ Courtyard apartment building 1 (§ 272-403.12) • • ✓ ✓ One story storefront building 1 (§ 272-403.13) • • ✓ ✓ Mixed use storefront building 1 (§ 272-403.14) • • ✓ ✓ Commercial building 1 (§ 272-403.15) • • • ✓ Large footprint building 1 (§ 272-403.16) • • • ✓ Neighborhood service station 1 (§ 272-403.17) • • • ✓ ² Civic building 1 (§ 272-403.18) ✓ ✓ ✓ ✓ ✓ Allowed building type in the transect zone. 1 May need site plan review for new construction and additions (§ 272-804). ² Only 1 service station in a neighborhood unit. May only be on a through street (§ 272-307.6). Town of Ithaca New Neighborhood Code • § 272-403 • 45 272-403.2 Non-building lot 272-403.2 A Overview A non-building lot is space for a park; right-of-way; entry feature; utility facility or corridor; or similar purpose. A non-building lot must be usable for a specific purpose. 🚫 It must not be a “no man’s land” or leftover land after subdivision, or serve as a reserve or spite strip. 46 • § 272-403 • Town of Ithaca New Neighborhood Code 272-403.3 Detached house 272-403.3 A Overview A detached house is a freestanding principal building for 1 principal dwelling unit. The building or lot may also have 1 accessory dwelling unit (see § 272-603.10), either in the same building or in an accessory building. 272-403.3 B Lot characteristics NT-3 NT-4 Lot area A ≥ 6,000 ft² 3,000 - 7,500 ft² Lot width B 45’ - 100’ 35’ - 100’ 272-403.3 C Detached house siting NT-3 NT-4 Front build-to area C 15’ - 25’ 5’ - 15’ Corner side build-to area D 5’ - 25’ 5’ - 25’ Interior side setback E ≥ 5’ ≥ 5’ Interior side 1: zero lot line option (see § 272-403.24) • ≥ 0’ (≥ 7.5’ from non-ZLL lot) Interior side 2: zero lot line option • ≥ 10’ Rear setback F ≥ 25’ ≥ 25’ Alley setback G ≥ 5’ ≥ 5’’ Attached garage with street entry: see § 272-404.3 K. 272-403.3 D Accessory building siting NT-3 NT-4 Front setback H ≥ 20’ behind principal facade ≥ 20’ behind principal facade Corner side setback J ≥ 5’ ≥ 5’ Interior side setback K ≥ 5’ ≥ 5’ Interior side 1: zero lot line option • ≥ 0’ (≥ 7.5’ from non-ZLL lot) Interior side 2: zero lot line option • ≥ 10’ Rear setback L ≥ 10’ ≥ 10’ Interior side / rear: building permit exempt ≥ 0’ ≥ 0’ Alley setback M ≥ 5’ ≥ 5’ Distance from other buildings N ≥ 10’ ≥ 10’ Town of Ithaca New Neighborhood Code • § 272-403 • 47 272-403.3 E Building height NT-3 NT-4 Detached house height P 1 - 2 ½ stories 1 - 2 ½ stories Accessory building height R 1 - 2 stories 1 - 2 stories Story height: 1st story S 9’ - 15’ 9’ - 15’ Story height: upper stories T 9’ - 12’ 9’ - 12’ Story height: principal building top story U 9’ - 25’ 9’ - 25’ 48 • § 272-403 • Town of Ithaca New Neighborhood Code 272-403.4 Small detached house 272-403.4 A Overview A small detached house is a freestanding principal building with ≤ 1,500 ft² GLA, for 1 principal dwelling unit. 272-403.4 B Lot characteristics NT-3 NT-4 NT-4u Lot area A ≥ 3,000 ft² 1,500 - 5,000 ft² Lot width B 25’ - 100’ 20’ - 50’ 272-403.4 C Small detached house siting NT-3 NT-4 NT-4u Front build-to area C 15’ - 25’ 5’ - 15’ Corner side build-to area D 5’ - 25’ 5’ - 15’ Interior side setback E ≥ 3’ ≥ 3’ Interior side 1: zero lot line option (see § 272-403.24) • ≥ 0’; ≥ 7.5’ from non-ZLL lot Interior side 2: zero lot line option • ≥ 6’ Rear setback F ≥ 15’ ≥ 25’ Alley setback G ≥ 5’ ≥ 5’ Attached garage with street entry: see § 272-404.3 K. 272-403.4 D Accessory building siting NT-3 NT-4 NT-4u Front setback ≥ 20’ behind principal facade ≥ 20’ behind principal facade Corner side setback ≥ 5’ ≥ 5’ Interior side setback ≥ 5’ ≥ 3’ Interior side 1: zero lot line option • ≥ 0’; ≥ 7.5’ from non-ZLL lot Interior side 2: zero lot line option • ≥ 6’ Rear setback ≥ 10’ ≥ 10’ Interior side / rear: building permit exempt ≥ 0’ ≥ 0’ Alley setback ≥ 5’ ≥ 5’ Distance from other buildings ≥ 10’ ≥ 10’ Town of Ithaca New Neighborhood Code • § 272-403 • 49 272-403.4 E Building height NT-3 NT-4 NT-4u Small detached house height H 1 - 2 ½ stories 1 - 2 ½ stories Accessory building height 1 - 2 stories 1 - 2 stories Story height: 1st story J 9’ - 15’ 9’ - 15’ Story height: upper stories K 9’ - 12’ 9’ - 12’ 50 • § 272-403 • Town of Ithaca New Neighborhood Code 272-403.5 Duplex 272-403.5 A Overview A duplex is a principal building for 2 principal dwelling units on the same lot. A duplex may take the form of a ① stacked duplex or two-flat, ② front-to-back duplex or tandem house, or ③ side-by-side duplex. A house with a principal and accessory dwelling unit is not a duplex. 272-403.5 B Lot characteristics NT-3 NT-4 NT-4u Lot area A ≥ 6,000 ft² 3,000 - 9,000 ft² 3,000 - 9,000 ft² Lot width B 50’ - 110’ 30’ - 60’ 30’ - 60’ 272-403.5 C Duplex siting NT-3 NT-4 NT-4u Front build-to area C 15’ - 25’ 5’ - 15’ 5’ - 15’ Corner side build-to area D 5’ - 25’ 5’ - 15’ 5’ - 15’ Interior side setback E ≥ 5’ ≥ 5’ ≥ 3’ Interior side 1: zero lot line option (see § 272-403.24) • ≥ 0’; ≥ 7.5’ from non-ZLL lot ≥ 0’; ≥ 7.5’ from non-ZLL lot Interior side 2: zero lot line option • ≥ 6’ ≥ 6’ Rear setback F ≥ 25’ ≥ 15’ ≥ 15’ Alley setback G ≥ 5’ ≥ 5’ ≥ 5’ Attached garage with street entry: see § 272-404.3 K. Town of Ithaca New Neighborhood Code • § 272-403 • 51 272-403.5 D Accessory building siting NT-3 NT-4 NT-4u Front setback ≥ 20’ behind principal facade ≥ 20’ behind principal facade ≥ 20’ behind principal facade Corner side setback ≥ 5’ ≥ 5’ ≥ 5’ Interior side setback ≥ 5’ ≥ 5’ ≥ 3’ Interior side 1: zero lot line option • ≥ 0’; ≥ 7.5’ from non-ZLL lot ≥ 0’; ≥ 7.5’ from non-ZLL lot Interior side 2: zero lot line option • ≥ 6’ ≥ 6’ Rear setback ≥ 10’ ≥ 10’ ≥ 10’ Interior side / rear: building permit exempt ≥ 0’ ≥ 0’ ≥ 0’ Alley setback ≥ 5’ ≥ 5’ ≥ 5’ Distance from other buildings ≥ 10’ ≥ 10’ ≥ 10’ 272-403.5 E Building height NT-3 NT-4 NT-4u Duplex height H 1 - 2 ½ stories 1 - 2 ½ stories 1 - 2 ½ stories Accessory building height 1 - 2 stories 1 - 2 stories 1 - 2 stories Story height: 1st story J 9’ - 15’ 9’ - 15’ 9’ - 15’ Story height: upper stories K 9’ - 12’ 9’ - 12’ 9’ - 12’ Story height: principal building top story L 9’ - 25’ 9’ - 25’ 9’ - 25’ 52 • § 272-403 • Town of Ithaca New Neighborhood Code 272-403.6 Paired house 272-403.6 A Overview A paired house (also called a semidetached house) is a principal building for 2 principal dwelling units, each unit on its own lot. 272-403.6 B Lot characteristics (individual unit) NT-3 NT-4 NT-4u Lot area A ≥ 3,000 ft² 1,500 - 4,500 ft² 1,500 - 4,500 ft² Lot width B 25’ - 55’ 20’ - 30’ 20’ - 30’ 272-403.6 C Paired house siting (individual unit) NT-3 NT-4 NT-4u Front build-to area C 15’ - 25’ 5’ - 15’ 5’ - 15’ Corner side build-to area D 5’ - 25’ 5’ - 15’ 5’ - 15’ Interior side common wall setback E 0’ 0’ 0’ Interior side setback F ≥ 5’ ≥ 5’ ≥ 3’ Rear setback G ≥ 25’ ≥ 15’ ≥ 15’ Alley setback H ≥ 5’ ≥ 5’ ≥ 5’ Attached garage with street entry: see § 272-404.3 K. 272-403.6 D Accessory building siting (individual unit) NT-3 NT-4 NT-4u Front setback ≥ 20’ behind principal facade ≥ 20’ behind principal facade ≥ 20’ behind principal facade Corner side setback ≥ 5’ ≥ 5’ ≥ 5’ Interior side setback ≥ 5’ ≥ 5’ ≥ 3’ Interior side setback: party/common wall 0’ 0’ 0’ Rear setback ≥ 10’ ≥ 10’ ≥ 10’ Interior side / rear: building permit exempt ≥ 0’ ≥ 0’ ≥ 0’ Alley setback ≥ 5’ ≥ 5' ≥ 5' Distance from other buildings ≥ 10’ ≥ 10’ ≥ 10’ Town of Ithaca New Neighborhood Code • § 272-403 • 53 272-403.6 E Building height NT-3 NT-4 NT-4u Paired house height J 1 - 2½ stories ≥ 20’ behind principal facade ≥ 20’ behind principal facade Accessory building height 1 - 2 stories 1 - 2 stories 1 - 2 stories Story height: 1st story K 9’ - 15’ 9’ - 15’ 9’ - 15’ Story height: upper stories L 9’ - 12’ 9’ - 12’ 9’ - 12’ Story height: principal building top story M 9’ - 25’ 9’ - 25’ 9’ - 25’ 54 • § 272-403 • Town of Ithaca New Neighborhood Code 272-403.7 Cottage court 272-403.7 A Overview A cottage court is a group of 4 to 12 dwelling units, each with ≤ 1,500 ft² GLA, arranged around a common courtyard or open area. A cottage court site needs site plan review. (Site plan review regulations are in § 272-704.) 272-403.7 B Lot characteristics: cottage court site NT-3 NT-4 NT-4u Individual cottage lots A 4 - 12 5 - 12 Lot width B ≥ 120’ ≥ 80’ Common courtyard area (% of site area) C ≥ 20% ≥ 10% Principal building types * • Small detached house • Small detached house • Paired house • Townhouse * All units: GLA ≤ 1500 ft² 272-403.7 C Lot characteristics: cottage lot NT-3 NT-4 NT-4u Lot area D ≥ 1,750 ft² ≥ 1,000 ft² Lot width E 25’ - 50’ 20’ - 50’ 272-403.7 D Siting: all buildings on a cottage court site NT-3 NT-4 NT-4u Street RoW build-to area: front F 15’ - 25’ 5’ - 15’ Street RoW build-to area: corner side G 5’ - 25’ 5’ - 15’ Interior side setback H ≥ 5’ ≥ 5’ Rear setback J ≥ 25’ ≥ 15’ Alley setback K ≥ 5’ ≥ 5’ Other requirements • The full building footprint area must be ≤ 150’ from a ① yield, local, or through street, or ② fire apparatus road. Town of Ithaca New Neighborhood Code • § 272-403 • 55 272-403.7 E Siting: principal building on a lot NT-3 NT-4 NT-4u Front build-to area L 5’ - 15’ 5’ - 15’ Side setback: party/common wall or zero lot line 0’, ≥ 7.5’ 0’, ≥ 7.5’ Side setback: side yards on both sides M ≥ 4’ ≥ 4’ Rear setback N ≥ 10’ ≥ 10’ Alley or internal rear laneway setback P ≥ 5’ ≥ 5’ Other requirements • ≥ 75% of units in a cottage court must front a common courtyard. • Lot access must meet NYS town law access requirements (Town Law § 280-a; see 272-403.23 A) 272-403.7 F Siting: accessory building on a lot NT-3 NT-4 NT-4u Front behind principal facade behind principal facade Side setback ≥ 3’ ≥ 3’ Rear setback ≥ 10’ ≥ 10’ Alley or internal rear/side access drive setback ≥ 5’ ≥ 5’ Distance from other buildings ≥ 10’ ≥ 10’ 272-403.7 G Building height NT-3 NT-4 NT-4u Cottage court house height R 1 - 2½ stories 1 - 2½ stories Accessory building height 1 - 1½ stories 1 - 1½ stories Story height: 1st story S 19’ - 15’ 9’ - 15’ Story height: upper stories T 9’ - 12’ 9’ - 12’ Story height: principal building top story U 9’ - 25’ 9’ - 25’ 56 • § 272-403 • Town of Ithaca New Neighborhood Code 272-403.8 Multiunit / collective house 272-403.8 A Overview A multiunit / collective house is a principal building that looks like a large detached house. It has ① 3 or 4 principal dwelling units, or ② 1 principal dwelling unit with ≤ 10 bedrooms set up for collective living. (Conditions for collective living are in § 272-603.2 C.) 272-403.8 B Lot characteristics NT-4 NT-4u NT-5 Lot area A 6,000 - 18,000 ft² 6,000 - 18,000 ft² 4,000 - 8,000 ft² Lot width B 30’ - 90’ 30’ - 90’ 30’ - 60’ 272-403.8 C Multiunit / collective house siting NT-4 NT-4u NT-5 Front build-to area C 5’ - 15’ 5’ - 15’ 5’ - 15’ Corner side build-to area D 5’ - 15’ 5’ - 15’ 5’ - 15’ Interior side setback E ≥ 7.5’ ≥ 7.5’ ≥ 7.5’ - 20’ Interior side 1: zero lot line option (see § 272-403.24) ≥ 0’; ≥ 7.5’ from non-ZLL lot ≥ 0’; ≥ 7.5’ from non-ZLL lot ≥ 0’; ≥ 7.5’ from non-ZLL lot Interior side 2: zero lot line option ≥ 15’ ≥ 15’ ≥ 15’ Rear setback F ≥ 25’ ≥ 25’ ≥ 25’ Alley setback G ≥ 5’ ≥ 5’ ≥ 5’ Attached garage with street entry: see § 272-404.3 K. Town of Ithaca New Neighborhood Code • § 272-403 • 57 272-403.8 D Accessory building siting NT-4 NT-4u NT-5 Front setback ≥ 20’ behind principal facade ≥ 20’ behind principal facade ≥ 20’ behind principal facade Corner side setback ≥ 5’ ≥ 5’ ≥ 5’ Interior side setback ≥ 5’ ≥ 5’ ≥ 5’ Interior side 1: zero lot line option ≥ 0’; ≥ 7.5’ from non-ZLL lot ≥ 0’; ≥ 7.5’ from non-ZLL lot ≥ 0’, ≥ 7.5’ from non-ZLL lot Interior side 2: zero lot line option ≥ 10’ ≥ 10’ ≥ 10’ Rear setback ≥ 10’ ≥ 10’ ≥ 10’ Interior side / rear: building permit exempt ≥ 0’ ≥ 0’ ≥ 0’ Alley setback ≥ 5’ ≥ 5’ ≥ 5’ Distance from other buildings ≥ 10’ ≥ 10’ ≥ 10’ 272-403.8 E Building height NT-4 NT-4u NT-5 Multiunit / collective house height H 1 - 3 stories 1 - 3 stories 2 - 3 stories Accessory building height 1 - 2 stories 1 - 2 stories 1 - 2 stories Story height: 1st story J 10’ - 15’ 10’ - 15’ 10’ - 15’ Story height: upper stories K 9’ - 12’ 9’ - 12’ 9’ - 12’ Story height: principal building top story L 9’ - 25’ 9’ - 25’ 9’ - 25’ 58 • § 272-403 • Town of Ithaca New Neighborhood Code 272-403.9 Townhouse 272-403.9 A Overview A townhouse is: • a principal building for 3 to 10 principal dwelling units, sharing 1 or 2 common side walls; or • a freestanding principal building (rowhouse) with 1 principal dwelling unit, designed to touch a similar townhouse unit on 1 or 2 side walls. There may only be 3 to 10 townhouses in a connected row. A dwelling unit in a townhouse has its own entry from outdoors, which it does not share with other dwelling units. 272-403.9 B Lot characteristics: Townhouse unit NT-4 NT-4u NT-5 Lot area A 1,500 - 3,000 ft² 1,200 - 3,000 ft² 1,200 - 3,000 ft² Lot width B 18’ - 40’ 15’ - 40’ 15’ - 30’ 272-403.9 C Townhouse unit siting NT-4 NT-4u NT-5 Front build-to area C 5’ - 15’ 5’ - 15’ 0’ - 10’ Corner side build-to area D 5’ - 15’ 5’ - 15’ 0’ - 15’ Interior side setback: inner side or separation wall E 0’ 0’ 0’ Interior side setback: outside wall F ≥ 5’ ≥ 5’ ≥ 5’ Rear setback G ≥ 25’ ≥ 25’ ≥ 25’ Alley setback H ≥ 5’ ≥ 5’ ≥ 5’ Town of Ithaca New Neighborhood Code • § 272-403 • 59 272-403.9 D Accessory building siting: individual unit NT-4 NT-4u NT-5 Front setback ≥ 20’ behind principal facade ≥ 20’ behind principal facade ≥ 20’ behind principal facade Corner side setback ≥ 5’ ≥ 5’ ≥ 5’ Interior side setback ≥ 3’ ≥ 3’ ≥ 3’ Interior side setback: party/common wall 0’ 0’ 0’ Rear setback ≥ 10’ ≥ 10’ ≥ 10’ Interior side / rear: building permit exempt ≥ 0’ ≥ 0’ ≥ 0’ Alley setback ≥ 5’ ≥ 5’ ≥ 5’ Distance from other buildings ≥ 10’ ≥ 10’ ≥ 10’ 272-403.9 E Building height NT-4 NT-4u NT-5 Townhouse height J 1 - 3 stories 1 - 4 stories 2 - 4 stories Accessory building height 1 - 2 stories 1 - 2 stories 1 - 2 stories Story height: 1st story K 9’ - 15’ 9’ - 15’ 9’ - 15’ Story height: upper stories L 9’ - 12’ 9’ - 12’ 9’ - 12’ Story height: principal building top story M 9’ - 25’ 9’ - 25’ 9’ - 25’ 60 • § 272-403 • Town of Ithaca New Neighborhood Code 272-403.10 Small apartment building 272-403.10 A Overview A small apartment building is a principal building for 5 to 12 principal dwelling units. A townhouse row (§ 272-403.9) is not an apartment building. A small apartment building ≥ 4,000 ft² needs site plan review. (Site plan review regulations are in § 272-704.) 272-403.10 B Lot characteristics NT-4 NT-4u NT-5 Lot area A 10,000 - 36,000 ft² 7,500 - 36,000 ft² 5,000 - 30,000 ft² Lot width B 60’ - 100’ 60’ - 100’ 50’ - 100’ 272-403.10 C Small apartment building siting NT-4 NT-4u NT-5 Front build-to area C 5’ - 15’ 5’ - 15’ 0’ - 10’ Corner side build-to area D 5’ - 15’ 5’ - 15’ 0’ - 15’ Interior side setback E ≥ 7.5’ ≥ 7.5’ ≥ 7.5’ - 20’ Rear setback F ≥ 25’ ≥ 25’ ≥ 25’ Alley setback G ≥ 5’ ≥ 5’ ≥ 5’ Frontage occupancy: front elevation H No min ≥ 50% ≥ 60% 272-403.10 D Accessory building siting NT-4 NT-4u NT-5 Front setback ≥ 20’ behind principal facade ≥ 20’ behind principal facade ≥ 20’ behind principal facade Corner side setback ≥ 5’ ≥ 5’ ≥ 5’ Interior side setback ≥ 5’ ≥ 5’ ≥ 5’ Rear setback ≥ 10’ ≥ 10’ ≥ 10’ Interior side / rear: building permit exempt ≥ 0’ ≥ 0’ ≥ 0’ Alley setback ≥ 5’ ≥ 5’ ≥ 5’ Distance from other buildings ≥ 10’ ≥ 10’ ≥ 10’ Town of Ithaca New Neighborhood Code • § 272-403 • 61 272-403.10 E Building height NT-4 NT-4u NT-5 Small apartment building height J 2 - 3 stories 2 - 4 stories 2 - 4 stories Accessory building height 1 - 2 stories 1 - 2 stories 1 - 2 stories Story height: 1st story K 10’ - 15’ 10’ - 15’ 10’ - 15’ Story height: upper stories L 9’ - 12’ 9’ - 12’ 9’ - 12’ Story height: principal building top story M 9’ - 25’ 9’ - 25’ 9’ - 25’ 62 • § 272-403 • Town of Ithaca New Neighborhood Code 272-403.11 Apartment building 272-403.11 A Overview An apartment building is a principal building for 13 or more principal dwelling units. An apartment building ≥ 4,000 ft² needs site plan review. (Site plan review regulations are in § 272-704.) 272-403.11 B Lot characteristics NT-4u NT-5 Lot area A 10,000 - 72,000 ft² 7,500 - 100,000 ft² Lot width B 60’ - 150’ 40’ - 180’ 272-403.11 C Apartment building siting NT-4u NT-5 Front build-to area C 5’ - 15’ 0’ - 10’ Corner side build-to area D 5’ - 15’ 0’ - 15’ Interior side setback E ≥ 7.5’ 0’ or 7.5’ - 20’ Rear setback F ≥ 25’ ≥ 25’ Alley setback G ≥ 5’ ≥ 5’ Frontage occupancy: front elevation H ≥ 50% ≥ 60% 272-403.11 D Accessory building siting NT-4u NT-5 Front setback ≥ 20’ behind principal facade ≥ 20’ behind principal facade Corner side setback ≥ 5’ ≥ 5’ Interior side setback ≥ 5’ ≥ 5’ Rear setback ≥ 10’ ≥ 10’ Interior side / rear: building permit exempt ≥ 0’ ≥ 0’ Alley setback ≥ 5’ ≥ 5’ Distance from other buildings ≥ 10’ ≥ 10’ Town of Ithaca New Neighborhood Code • § 272-403 • 63 272-403.11 E Building height NT-4u NT-5 Apartment building height J 2 - 4 stories 2 - 4 stories Accessory building height 1 - 2 stories 1 - 2 stories Story height: 1st story K 10’ - 15’ 10’ - 15’ Story height: upper stories L 9’ - 12’ 9’ - 12’ Story height: principal building top story M 9’ - 25’ 9’ - 25’ 64 • § 272-403 • Town of Ithaca New Neighborhood Code 272-403.12 Courtyard apartment building 272-403.12 A Overview A courtyard apartment building is a principal building for 13 or more principal dwelling units. It also has a courtyard with a side open to the bordering street frontage. A courtyard apartment building with ≥ 4,000 ft² GFA needs site plan review. (Site plan review regulations are in § 272-704.) 272-403.12 B Lot characteristics NT-4u NT-5 Lot area A 10,000 - 72,000 ft² 7,500 - 100,000 ft² Lot width B 60’ - 200’ 60’ - 240’ 272-403.12 C Courtyard apartment building siting NT-4u NT-5 Front build-to area C 5’ - 15’ 0’ - 10’ Corner side build-to area D 5’ - 15’ 0’ - 15’ Interior side setback / build-to area E ≥ 7.5’ 7.5’ - 20’ Rear setback F ≥ 25’ ≥ 25’ Alley setback G ≥ 5’ ≥ 5’ Courtyard width H ≥ 20’ ≥ 20’ Courtyard depth J ≥ 30’ behind front elevation ≥ 30’ behind front elevation Frontage occupancy: front elevation K ≥ 50% ≥ 60% 272-403.12 D Accessory building siting NT-4u NT-5 Front setback ≥ 20’ behind principal facade ≥ 20’ behind principal facade Corner side setback ≥ 5’ ≥ 5’ Interior side setback ≥ 5’ ≥ 5’ Rear setback ≥ 10’ ≥ 10’ Interior side / rear: building permit exempt ≥ 0’ ≥ 0’ Alley setback ≥ 5’ ≥ 5’ Distance from other buildings ≥ 10’ ≥ 10’ Town of Ithaca New Neighborhood Code • § 272-403 • 65 272-403.12 E Building height NT-4u NT-5 Courtyard apartment building height L 2 - 4 stories 2 - 4 stories Accessory building height 1 - 2 stories 1 - 2 stories Story height: 1st story M 10’ - 15’ 10’ - 15’ Story height: upper stories N 9’ - 12’ 9’ - 12’ Story height: principal building top story P 9’ - 25’ 9’ - 25’ 66 • § 272-403 • Town of Ithaca New Neighborhood Code 272-403.13 One story storefront building 272-403.13 A Overview A one story storefront building is a single story principal building for nonresidential uses. It has ground floor storefront frontage. A one story storefront building with ≥ 4,000 ft² GFA needs site plan review. (Site plan review regulations are in § 272-704.) 272-403.13 B Lot characteristics NT-4u NT-5 Lot width A 12’ - 60’ 12’ - 60’ 272-403.13 C One story storefront building siting NT-4u NT-5 Front build-to area B 5’ - 15’ 0’ - 10’ Corner side build-to area C 5’ - 15’ 0’ - 15’ Interior side setback / build-to area D 0’ or ≥ 5’ 0’ or 5’ - 20’ Rear setback E ≥ 25’ ≥ 25’ Alley setback F ≥ 0’ ≥ 0’ Frontage occupancy: front elevation G ≥ 50% ≥ 70% 272-403.13 D Accessory building siting NT-4u NT-5 Front setback ≥ 20’ behind principal facade ≥ 20’ behind principal facade Corner side setback ≥ 5’ ≥ 5’ Interior side setback ≥ 3’ ≥ 3’ Rear setback ≥ 10’ ≥ 10’ Interior side / rear: building permit exempt ≥ 0’ ≥ 0’ Alley setback ≥ 5’ ≥ 5’ Distance from other buildings ≥ 10’ ≥ 10’ Town of Ithaca New Neighborhood Code • § 272-403 • 67 272-403.13 E Building height NT-4u NT-5 One story storefront building height H 1 story 1 story Accessory building height 1 story 1 story Story height: 1st story J 12’ - 20’ 12’ - 20’ 68 • § 272-403 • Town of Ithaca New Neighborhood Code 272-403.14 Mixed use storefront building 272-403.14 A Overview A mixed use storefront building is a multistory principal building with ① ground floor storefront frontage for nonresidential uses, and ② principal dwelling units on its upper floors. It may also have ① an ADA accessible principal dwelling unit with no storefront frontage on the ground floor, with GLA of ≤800 ft² or ≤25% of total ground floor GFA (whatever is more); and ② space for nonresidential uses on upper floors. A mixed use storefront building with ≥ 4,000 ft² GFA needs site plan review. (Site plan review regulations are in § 272-704.) 272-403.14 B Lot characteristics NT-4u NT-5 Lot area A ≥ 4,000 ft² ≥ 4,000 ft² Lot width B 20’ - 100’ 20’ - 150’ 272-403.14 C Mixed use storefront building siting NT-4u NT-5 Front build-to area C 5’ - 15’ 0’ - 10’ Corner side build-to area D 5’ - 15’ 0’ - 15’ Interior side setback / build-to area E ≥ 7.5’ 0’ or 7.5’ - 20’ Rear setback F ≥ 25’ ≥ 25’ Alley setback G ≥ 5’ ≥ 5’ Frontage occupancy: front elevation H ≥ 50% ≥ 80% 272-403.14 D Accessory building siting NT-4u NT-5 Front setback ≥ 20’ behind principal facade ≥ 20’ behind principal facade Corner side setback ≥ 5’ ≥ 5’ Interior side setback 0’ or ≥ 5’ 0’ or ≥ 5’ Rear setback ≥ 10’ ≥ 10’ Interior side / rear: building permit exempt ≥ 0’ ≥ 0’ Alley setback ≥ 5’ ≥ 5’ Distance from other buildings ≥ 10’ ≥ 10’ Town of Ithaca New Neighborhood Code • § 272-403 • 69 272-403.14 E Building height NT-4u NT-5 Principal building height J 2 - 4 stories 2 - 4 stories Accessory building height 1 - 2 stories 1 - 2 stories Story height: 1st story K 12’ - 15’ 12’ - 15’ Story height: upper stories L 9’ - 12’ 9’ - 12’ Story height: principal building top story M 9’ - 25’ 9’ - 25’ 70 • § 272-403 • Town of Ithaca New Neighborhood Code 272-403.15 Commercial building 272-403.15 A Overview A commercial building is a multistory principal building for nonresidential uses. It may have ground floor storefront frontage. A commercial building with ≥ 4,000 ft² GFA needs site plan review. (Site plan review regulations are in § 272-704.) 272-403.15 B Lot characteristics NT-5 Lot area A ≥ 4,000 ft² Lot width B 20’ - 150’ 272-403.15 C Commercial building siting NT-5 Front build-to area C 0’ - 10’ Corner side build-to area D 0’ - 15’ Interior side setback / build-to area E 0’ or 7.5’ - 20’ Rear setback F ≥ 25’ Alley setback G ≥ 5’ Frontage occupancy: front elevation H ≥ 80% 272-403.15 D Accessory building siting NT-5 Front setback ≥ 20’ behind principal facade Corner side setback ≥ 5’ Interior side setback 0’ or ≥ 5’ Rear setback ≥ 10’ Interior side / rear: building permit exempt ≥ 0’ Alley setback ≥ 5’ Distance from other buildings ≥ 10’ Town of Ithaca New Neighborhood Code • § 272-403 • 71 272-403.15 E Building height NT-5 Commercial building height J 2 - 4 stories Accessory building height 1 - 2 stories Story height: 1st story K 12’ - 15’ Story height: upper stories L 9’ - 12’ Story height: principal building top story M 9’ - 25’ 72 • § 272-403 • Town of Ithaca New Neighborhood Code 272-403.16 Large footprint building 272-403.16 A Overview A large footprint building is a principal building for nonresidential uses. It takes up a large part of a block, and has ground floor storefront frontage. A large footprint building needs site plan review. (Site plan review regulations are in § 272-704.) 272-403.16 B Lot characteristics NT-5 Lot area A 50,000 - 100,000 ft² Lot width B 200’ - 400’ 272-403.16 C Large footprint building siting NT-5 Front build-to area C 0’ - 10’ Corner side build-to area D 0’ - 10’ rear half of building frontage: 0’ - 40’ Interior side build-to area E 0’ - 60’ Rear setback F ≥ 40’ Alley setback G ≥ 40’ Frontage occupancy: front elevation H ≥ 80% 272-403.16 D Accessory building siting NT-5 Front setback ≥ 20’ behind principal facade Corner side setback ≥ 5’ Interior side setback 0’ or ≥ 5’ Rear setback ≥ 10’ Interior side / rear: building permit exempt ≥ 0’ Alley setback ≥ 5’ Distance from other buildings ≥ 10’ Town of Ithaca New Neighborhood Code • § 272-403 • 73 272-403.16 E Building height NT-5 Large footprint building height J 1 - 2 stories Accessory building height 1 - 2 stories Story height: 1st story K 12’ - 25’ Story height: upper stories L 9’ - 15’ Story height: principal building top story M 9’ - 25’ 74 • § 272-403 • Town of Ithaca New Neighborhood Code 272-403.17 Neighborhood service station 272-403.17 A Overview A neighborhood service station is a principal building for a vehicle fueling use (§ 272-603.4). It has ground floor storefront frontage. It may also accommodate other nonresidential uses. A neighborhood unit may have only one neighborhood service station. A neighborhood service station needs site plan review. (Site plan review regulations are in § 272-704.) 272-403.17 B Lot characteristics NT-5 Lot area A 8,000 - 15,000 ft² Lot width B 80’ - 150’ 272-403.17 C Neighborhood service station siting NT-5 Front build-to area C 0’ - 10’ Corner side build-to area D 0’ - 15’ Interior side setback E ≥ 25’ Rear setback F ≥ 10’ Alley setback G ≥ 10’ Frontage occupancy: front elevation H ≥ 40% 272-403.17 D Accessory building and canopy siting NT-5 Front setback J ≥ 20’ behind principal front facade Corner side setback K ≥ 20’ behind principal corner side facade Interior side setback L ≥ 25’ Rear setback M ≥ 10’ Alley setback N ≥ 10’ Distance from other buildings P ≥ 10’ Town of Ithaca New Neighborhood Code • § 272-403 • 75 272-403.17 E Building height NT-5 Neighborhood service station R 1.5 - 4 stories and ≥ 20’ Accessory building S ≤ 30’ (canopy: 14’ - 18’ to bottom of fascia) Story height: 1st story T 12’ - 20’ Story height: upper stories U 9’ - 12’ 76 • § 272-403 • Town of Ithaca New Neighborhood Code 272-403.18 Civic building 272-403.18 A Overview A civic building is a principal building specially for a civic use. (Civic uses and conditions are in § 272-603.7.) A civic building needs site plan review. (Site plan review regulations are in § 272-704.) 272-403.18 B Lot characteristics All transect zones Lot area A Determined as part of Planning Board review/approval process Lot width B 272-403.18 C Civic building siting All transect zones Front setback C Determined as part of Planning Board review/approval process Corner side setback D Interior side setback E Rear setback F Alley setback G Frontage occupancy: front elevation H 272-403.18 D Accessory building siting All transect zones Front setback Determined as part of Planning Board review/approval process Corner side setback Interior side setback Rear setback Alley setback Distance from other buildings 272-403.18 E Building height All transect zones Civic building height J Determined as part of Planning Board review/approval process Accessory building height Town of Ithaca New Neighborhood Code • § 272-403 • 77 272-403.19 General building disposition 272-403.19 A Stream setback Stream setback requirements in the Zoning Code apply to all building/lot types in a TND site. (See Zoning Code § 270-219.5: stream setback.) 272-403.19 B Building feature encroachment These building features may encroach into a minimum building setback area. Building feature Encroachment into minimum building setback area May encroach into right-of-way, easement, or common area? Accessibility ramp Enough to meet ADA requirements 🚫 No Air conditioner or ductless heating/cooling system (window or ground unit) ≤ 3’ 🚫 No Awning or solar shade (window) ≤ 3’ ✓ Yes Awning (retracting) (≥ 8’ clearance below) ≤ 8’ ✓ Yes Bay window or turret (≤ 10’ wide) ≤ 4’ 🚫 No Chimney (≤ 10’ wide) ≤ 3’ 🚫 No Flue ≤ 1.5’ 🚫 No Lighting (outside, on building) ≤ 1.5’ ✓ Yes Porte-cochere Interior side or rear: ≤ 12’ 🚫 No Screening or wing wall integral to building • Interior side or rear: to lot line • Front or corner side: ≤ 3’ 🚫 No Sill, belt course, eave, roof overhang, or similar feature ≤ 3’ ✓ Yes Sign (attached): flat wall sign or dimensional/channel letters ≤ 0.5’ ✓ Yes Sign (attached): blade or marquee sign ≤ 3’ ✓ Yes Stairs to building entry • Interior side or rear: ≤ 6’ • Front or corner side: to lot line 🚫 No Stoop (unenclosed), related portico (≤ 8’ wide) ≤ 6’ (not including stairs) 🚫 No Vestibule (≤ 10’ wide) ≤ 3’ 🚫 No 272-403.19 C Frontage occupancy exceptions Frontage occupancy measurement also includes voids from these building features. ▶ • Arcade or courtyard. • Alcove, entry door recess, or recessed upper story balcony. • Chamfered, curved, or indented corner. • Facade articulation. • Upper floor stepback. 78 • § 272-403 • Town of Ithaca New Neighborhood Code 272-403.19 D Building height exceptions Building height requirements do not apply to these building features. • Chimney, flue, or similar feature. • Cupola, dome, bell tower, minaret, monument, spire, steeple, belfry, or ornamental tower. • Elevator or stair enclosure, skylight, or rooftop patio features. • Green roof, or another stormwater management feature on a building. • Solar panel. • Parapet or rooftop equipment screening wall. • Turret, penthouse, or rooftop solarium with ≤ 25% of the GFA of the floor below. • Wireless communications facility. (For requirements that apply, see § 272-603.8, and Zoning Code § 270-219: telecommunications facilities.) 272-403.19 E Story height exceptions These building spaces are exempt from maximum story height requirements. • Atrium or light well. • Auditorium, assembly hall, or similar feature. • Ballroom, banquet room, or a similar meeting room or event space. • Entry vestibule. • Gymnasium, indoor pool, rink, or a similar athletic or recreation space. • Lobby, foyer, entrance or reception hall, or similar feature. • Skylight or clerestory windows in any room. • Stairwell, stair hall, or staircase tower. 🚫 Height of these spaces must not cause the building to be taller than its tallest possible height ([number of stories] x [max floor height for each story]) or 30’, whatever is higher. 272-403.20 Site envelope A site envelope is a virtual lot that acts as a lot of record for neighborhood and site planning purposes. ▶ (1) If a project has condominium, cooperative, or single ownership, a site plan must define a site envelope: • for each unit in a paired house or row of townhouses; or • for each principal building, on a lot or building site with ≥ 1 principal building. (2) A site envelope, and all buildings and improvements on it, must meet the same requirements as for a lot of record. ▶ 272-403.21 Lot usability A lot must be usable and buildable for its intended principal building type and use. Its size and shape must allow a reasonable building footprint, with room for access, drainage, easements, and any ancillary functions. Town of Ithaca New Neighborhood Code • § 272-403 • 79 272-403.22 Lot shape 272-403.22 A Regular shape (1) Lot shape must meet lot size and width requirements for its assigned building type. (2) A lot should have a compact shape, as close to a square, rectangle, or isosceles trapezoid as possible. 272-403.22 B Lot lines Lot lines at the side (corner side, interior side, side alley) should be as perpendicular or radial to the fronting thoroughfare as possible. Lot lines at the rear (rear, rear alley) should be as parallel to the fronting thoroughfare as possible. ▶ 272-403.22 C Flag lot (1) Use: A lot may be a flag lot, only under the following conditions at the lot site. • Proposed building / lot type will be a ① non-building lot, ② detached house, ③ small detached house, ④ duplex, ⑤ cottage court, or ⑥ multiunit / collective house. • Existing physical constraints or lot patterns make a flag lot the only practical way to develop and provide access to a site. • There is no viable alternative to a flag lot. (Examples: ① a different street or lot pattern, ② a new short street or shared driveway to the site, ③ another building / lot type that fits the site better.) (2) Size: The flag area of a flag lot (the area outside the access strip or “pole”) must meet lot size and dimension requirements for the building type and zone. ▶ (3) Access strip: An access strip must be ≤ 150’ long, and ≥ 20’ wide. It must be wide enough for the following. ▶ • Underground utility easements that serve the lot (and any future lots, if the pole area becomes a shared driveway). • A clear area for emergency and service vehicle access. (4) Siting: 🚫 A flag lot must not be next to or stacked behind another flag lot. ▶ 80 • § 272-403 • Town of Ithaca New Neighborhood Code 272-403.22 D Reserve strip 🚫 Subdivision must not make a reserve strip or spite strip. ▶ 272-403.23 Lot siting 272-403.23 A Access A lot must ① border a public or private thoroughfare, or ② have access to a thoroughfare through an alley or common land that borders a street. Access to a lot must meet NYS Town Law access requirements (Town Law § 280-a). 272-403.23 B Position (1) A lot must front on a street. Exceptions are below. 🏠 Exceptions for: ① detached house, ② small detached house, ③ duplex, paired house, ④ multiunit / collective house, ⑤ townhouse. A lot may front on a park, if the lot has alley access, and: • the alley’s paved surface is ≥ 20’; or • the full building footprint area is ≤ 150’ from a ① yield, local, or through street; or ② fire apparatus road,. 🏠 Exceptions for: cottage lots in a cottage court. A cottage lot in a cottage court may front on a common courtyard or open area, if the full building footprint area is ≤ 150’ from a ① yield, local, or through street; or ② fire apparatus road. (2) A lot that fronts on a pedestrian street must ① back onto an alley, and ② have the full building footprint ≤ 150’ from a yield, local, or through street. (3) 🚫 The front of a lot should not face the rear lot line of another lot. ▶ 272-403.24 Zero lot line option 🏠 Applies to: ① detached house, ① small detached house, ③ duplex, ④ cottage court (cottage sites), ⑤ multiunit / collective house. 272-403.24 A Overview A subdivision may have groups of lots where buildings must meet zero lot line (ZLL) setback requirements for interior side yards, instead of normal interior side setbacks. This lets a building touch one of the side lot lines, so it has one larger side yard instead of two smaller side yards. 272-403.24 B Interior side setbacks (1) ZLL lots must have ① a zero setback side (interior side Z), and ② a wide setback side (interior side W). ▼ (2) Zero setback sides (interior side Z) must be on the same side of the lot for all neighboring ZLL lots. ▼ Town of Ithaca New Neighborhood Code • § 272-404 • 81 (3) 🚫 Neighboring lots must not have touching zero setback (interior side Z) yards, where the sides of otherwise detached buildings could touch each other. ▼ (4) Interior side Z setback from a non-ZLL building lot is ≥ 7.5’ ▼ (5) A deed for a ZLL lot must designate the wide setback side (interior side W) as a “no build” area. (6) For Uniform Code purposes, an imaginary property line runs halfway between possible ZLL building envelopes. (7) Normal corner side setbacks apply to ZLL lots at a street corner. ▼ 272-403.24 C Subdivision plat for zero lot line lots A subdivision plat must show ① interior side setbacks, ② no build areas, and ③ imaginary lot lines for ZLL lots. The plat must also have easements for maintenance, drainage, and encroaching building features. 272-404 Building design 272-404.1 General 272-404.1 A Overview Building design requirements promote these aims. • A distinct identity and sense of place for traditional neighborhood development (TND) areas. • Creativity in architectural design, while ensuring each building is part of a harmonious community fabric. • Building for the long term, with design and materials that impart permanence, solidity, and integrity. • A comfortable relationship between people and the built environment. • Use of durable, natural, traditional, and sustainable building materials. • Traditional design principles of balance, connection, contrast, emphasis, form, grouping, pattern, placement, proportion, rhythm, scale, unity, and variety. 272-404.1 B Applicability (1) Design requirements in this section apply to new buildings that need a building permit. (2) All principal buildings must have a specific frontage feature on the front and corner side elevations – porch, stoop, storefront, or at-grade entry. The next subsection defines frontage feature types, their requirements, and building types that allow them. (See § 272-404.2.) 82 • § 272-404 • Town of Ithaca New Neighborhood Code (3) All building types must meet general design requirements in this section. (See § 272-404.3.) Some requirements vary for different building types; or apply only to certain building types. (4) Exceptions: Building design requirements do not apply to the following. • Existing buildings. • Farm buildings. (Examples: barn, stable, silo.) • Temporary buildings. (Example: field office.) • Common wall or fire wall built and placed to touch a neighboring building. 272-404.2 Building entr y and frontage features 272-404.2 A Required frontage feature A principal building must have a prominent entry on the front elevation, with an allowed frontage feature for the building type. This table shows allowed frontage features. ▼ Frontage feature Detached house Small detached house Duplex Paired house Cottage court Multiunit / collective house Townhouse Small apartment building Apartment building Courtyard apartment building One story storefront building Mixed use storefront building Commercial building Large footprint building Neighborhood service station Civic building Porch (§ 272-404.2 B) ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ • • • • • • • ✓ Stoop (§ 272-404.2 C) ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ • • • • • • • ✓ Storefront (§ 272-404.2 D) • • • • • • • • • • ✓ ✓ ✓ ✓ ✓ ✓ At-grade entry (§ 272-404.2 E) • • • • • • • • ✓ ✓ • • ✓ ✓ • ✓ ✓ - allowed frontage feature for the building type. • - frontage feature not allowed for the building type. 272-404.2 B Porch A porch is a raised, roofed platform that is structurally and architecturally integral to a building. It serves as an unenclosed entryway and semi-private social space. 🚫 A freestanding porch, deck, sunroom, or three-season room is not a porch. (1) Dimensions ▶ • Width: ≥ 12’. • Depth (not including stairs): ≥ 6’. • Recommended height (above grade): ≥ 1.75’ or ≥ 3 steps. (2) Requirements ▶ A porch on the front elevation must be unenclosed. The area under ground floor porch flooring and stairs must have a material that ① is visually solid, or ② has a ≥ 3:1 solid-to- void ratio, enclosing it. A roof that is architecturally integral to the building must fully cover a porch. (Stair coverage is optional.) Town of Ithaca New Neighborhood Code • § 272-404 • 83 A porch must have an entry door to the building. 272-404.2 C Stoop A stoop is a small raised platform that is structurally and architecturally integral to a building, that forms part of an entryway. 🚫 A deck, freestanding porch or landing, or prefabricated stair system is not a stoop. (1) Dimensions • Width: ≥ 4’. • Depth (not including stairs): ≥ 3’. • Height (above grade): ≥ 1.75’ or ≥ 3 steps. (2) Requirements: A stoop must have an entry to the building with ≥ 1 of these features. ▼ • Portico or porte-cochere covering ≥ 16 ft², with ≥ 8” wide support columns. • Vestibule projecting ≥ 3’ from the front building wall. • Entrance recess ≥ 2’ into the front building wall. • Pediment with flanking ≥ 8” wide pilasters. • Entry door with ① a sidelight and transom window, or ② sidelight windows on both sides. 84 • § 272-404 • Town of Ithaca New Neighborhood Code 272-404.2 D Storefront A storefront is a ground floor facade with a high window and door coverage area. It is a display area and main entry for retail, commercial, or service uses. (1) Dimensions ▶ • Bay width through vertical articulation (columns, piers, pilasters, or similar features): ≤ 30’. • Height (bottom of bulkhead to top of fascia): 9’ - 18’. • Entrance recess: 2.5’ - 6’ into the building wall. (2) Requirements: A storefront must have these features. ▶ • Pilasters, piers, or other vertical features that define the shopfront bay. • Bulkhead (masonry, cement based, wood, tile, or cast iron) below display windows, with a height of 2’ - 3’. • Display windows ≥ 6’ tall, above the bulkhead. • Fascia, signband, transom window, or potential awning area for signage. Window and door area requirements are in the next subsection. (See § 272-404.3 H.) 272-404.2 E At-grade entry An at-grade entry is a ground level (0 or 1 step) entrance into a building foyer, lobby, or entry hall. (1) Requirements: An at-grade entry must have an entry door with ≥ 1 of these features. ▼ • Architecturally integral roof, portico, or porte-cochere that covers ≥ 32 ft², with support columns ≥ 10” wide. • Entrance recess covering ≥ 32 ft², ≥ 3’ into the building wall. • Vestibule ≥ 10’ wide, projecting ≥ 3’ from the building wall. • Vertically defined bay with different cladding or fenestration than other bays. ▶ • Colonnade, gallery, or arcade ≥ 10’ deep, along ≥ 75% of the facade length. • Corner location, with ① an integral turret, ② peaked roof form, ③ tower, or ④ chamfered edge. ▲ Town of Ithaca New Neighborhood Code • § 272-404 • 85 272-404.3 Design requirements for all building types Design of all building types must meet the following requirements. 272-404.3 A Consistent design on visible elevations Elevations on a building that face a street, courtyard, or the public realm must have a similar style and quality of windows, doors, trim, decorative moldings, and wall articulation. ▼ 272-404.3 B Building construction 🚫 A principal building must not be a prefabricated or pre- engineered metal structure. ▶ Zoning Code provisions for mobile homes apply. (See § 270-215: zoning - mobile homes and trailers.) 272-404.3 C Roof form The most prominent roofline of a sloping roof must have a pitch or slope of: • Front gable end: ≥ 6:12 (26.6°). ▼ • Side gable end, hip, butterfly, shed: ≥ 5:12 (22.6°). ▼ 86 • § 272-404 • Town of Ithaca New Neighborhood Code 272-404.3 D Overhanging building parts An overhanging building part or awning must have a clear height of ≥ 8’ above a sidewalk, or any place where people walk or gather. 272-404.3 E Cladding materials This table shows allowed cladding materials for each building type. ▼ • ≥ 60% of cladding area on a wall must be one or more allowed primary (P) cladding materials. • ≤ 40% of cladding area on a wall may be one or more allowed secondary (S) cladding materials. Cladding material Detached house Small detached house Duplex Paired house Cottage court Multiunit / collective house Townhouse Small apartment building Apartment building Courtyard apartment building One story storefront building Mixed use storefront building Commercial building Large footprint building Neighborhood service station Civic building Block (polished, or integral dye or pigment color; 🚫 not “natural gray” or “cinder block” with no integral color) S S S S S S S S S S S S S S S S Brick (integral color, nominal size ≥ 3 units/ft² - utility size or smaller); individual bricks, veneer, or masonry panels P P P P P P P P P P P P P P P P Metal: corrugated or standing seam (made for architectural use) S S S S S S S S S S S S S S S S Precast masonry, ceramic, or cement based trim and cornice features P P P P P P P P P P P P P P P P Shingles or shakes: wood, fiber cement, composite, or polymer P P P P P P P P S S P S S S P P Siding (horizontal/lap or vertical): wood, fiber cement, composite, or polymer (🚫 not plywood or OSB) P P P P P P P S S S P S S S P P Siding (horizontal/lap or vertical): vinyl or steel P P P P P • • • • • • • • • • • Stone (natural or manufactured); individual units, veneer, or masonry panels P P P P P P P P P P P P P P P P Stucco or EIFS P P P P P P P P P P P P P P P P Wall panel (made for outdoor use) S S S S S S S S S S S S S S S P P - allowed as primary or secondary cladding. S - allowed as secondary cladding only. • - not allowed as cladding for the building type. 272-404.3 F Change of cladding materials on an outside wall (1) Cladding material on an outside wall may only change at: • an inside corner; ▶ • a return ≥ 2’ from an outside corner; ▶ • a horizontal plane; or ▶ • where a projecting feature like a pilaster vertically divides a facade, and separates the different cladding areas. (2) A sill or cap should define horizontal material change from masonry or cement-based materials to another material. ▶ Town of Ithaca New Neighborhood Code • § 272-404 • 87 272-404.3 G Trim Outside walls with siding must have the following trim. • Doors and windows: surround ≥ 3.5” wide on all windows and doors. ▶ • Outside corners: ① corner board ≥ 3.5” wide on all outside corners, or ② mitered edges that align materials on each wall. ▶ • Roof overhangs and eaves: frieze ≥ 3.5” wide. ▶ 272-404.3 H Window and door area (transparency area) This table shows window and door area requirements for elevations of a principal building or detached accessory unit (not including garage doors or bays). ▼ Building type Elevation Window/door area on each elevation • Detached house • Small detached house • Duplex • Paired house • Cottage court • Multiunit/collective house • To wnhouse Front, corner side, and public realm facing elevations 15% - 40% on each story • Small apartment building • Apartment building • Courtyard apartment building Front, corner side, and public realm facing elevations 15% - 40% on each story Upper stories - other walls (not including party walls) 10% - 40% on each story • One story storefront building • Mixed use storefront building • Commercial building • Large footprint building • Neighborhood service station Ground story - storefront elevation ≥ 50% between 2’ - 8’ above grade ▼ Ground story - general: front, corner side, and public realm-facing elevations 15% - 40% Upper stories - front, corner side, and public realm- facing elevations 15% - 40% on each story ▼ Upper stories - other walls (not including party walls) 10% - 40% on each story. • Neighborhood service station Ground story - elevation facing pumps, or serving as the busiest customer entry 15% - 40% 88 • § 272-404 • Town of Ithaca New Neighborhood Code 272-404.3 J Blank wall area On a building’s front elevation, horizontal spacing between window/door openings, and ① other window/door openings, or ② an outside corner on an elevation, must be ≤ 10’ on each story. ▶ 272-404.3 K Attached street entry garage A ① detached house, ② small detached house, ③ duplex, paired house, or ④ multiunit / collective house may have an attached street entry garage, only if the lot does not border an alley or similar access drive. (Also see parking requirements in the next section. (§ 272-503.2). A street entry garage must meet these requirements. • An attached garage on the front may have 1 ≤ 10’ wide garage door. The wall plane with a garage door must be ≥ 18’ behind the outside wall or porch plane closest to the street. ▶ • An attached garage on the corner side may only have 1 ≤ 18’ wide garage door, or 2 ≤ 10’ wide garage doors. The wall plane with a garage door must be ≥ 25’ behind the corner side lot line. ▶ 272-404.3 L Rooftop equipment screening (1) Rooftop HVAC, utility, communications, and mechanical equipment, enclosures, ducts, or related accessories must have screening with the same height or higher to conceal them. Screening must be ① opaque, and ② integral with the building form. (Examples: roof well, parapet wall, articulated or sloping roofline, purpose-built rooftop equipment screen or enclosure that matches building colors and materials.) Antennas and solar panels do not need screening. ▶ (2) Color of a plumbing or exhaust vent, pipe, or flue that penetrates a roof must match the roof color. Town of Ithaca New Neighborhood Code • § 272-404 • 89 272-404.3 M Wall mounted equipment screening (Screening requirements for ground mounted mechanical equipment are in § 272-506.) (1) Wall mounted utility, communications, and mechanical equipment, enclosures, ducts, or related accessories may only be on an interior side or rear elevation. (2) 🏢 Applies to: ① small apartment building, ② apartment building, ③ courtyard apartment building, ④ one story storefront building, ⑤ mixed use storefront building, ⑥ commercial building, ⑦ large footprint building, ⑧ neighborhood service station, ⑨ civic building. A building with a ≥ 2,500 ft² footprint must have opaque screening that is integral with its form, to conceal any wall mounted utility and communications equipment from ① parts of the site that casual visitors can access (example: parking lots, pedestrian passageways), and ② the public realm. ▼ A vent, through-the-wall air conditioner, or packaged terminal air conditioner (PTAC) on an outside wall must be architecturally integral or concealed. ▶ 🚫 Any vents on an outside wall must not direct exhaust air towards a walkway. Vents are above the awning, integral to the building. 90 • § 272-404 • Town of Ithaca New Neighborhood Code 272-404.3 N Accessory structure compatibility (1) 🏢 Applies to: neighborhood service station. A canopy at a neighborhood service station must have these design features. ▼ • Coverage: ≤ 2,000 ft². • Same cladding, trim, roof form and materials, and colors as the principal building. • Canopy support columns or posts ≥ 1.5’ wide, with similar cladding and trim materials as the principal building. • Fascia color must match the main color of the neighborhood service station building. • 🚫 No fascia striping, banding, or internal illumination. Town of Ithaca New Neighborhood Code • § 272-501 • 91 Article 5: Site improvements § 272-501 Overview 91 § 272-502 How to use this article 91 § 272-503 Parking 91 § 272-504 Landscaping 97 § 272-505 Fences and walls 102 § 272-506 Waste collection, outdoor storage, and ground mounted mechanical equipment 103 § 272-507 Signs 105 § 272-508 Outdoor lighting 106 272-501 Overview This article sets requirements for site improvements on a lot. Site improvements are built features of a lot, other than buildings, that add to its value and utility. 272-502 How to use this article These features on a developed lot must meet the requirements of this article. • Parking (§ 272-503): design, access, and siting. • Landscaping (§ 272-504): general site landscaping, parking lot and streetscape area landscaping, landscape plants, and topsoil removal and replacement. • Fences and walls (§ 272-505): height, placement, materials, and design. • Waste collection, outdoor storage, and ground mounted mechanical equipment (§ 272-506): location, placement, and screening. • Signs (§ 272-507). • Outdoor lighting (§ 272-508). 272-503 Parking 272-503.1 Parking spaces 272-503.1 A Off-street parking requirements (1) A building or use does not need a minimum number of off-street parking spaces. (2) A ① new parking lot with ≥ 6 parking spaces, or ② ≥ 4 new parking spaces at a parking lot with ≥ 2 spaces, needs site plan review. (Site plan review regulations are in § 272-704.) 272-503.1 B ADA accessible parking spaces Amount, design, siting, and marking of ADA accessible parking spaces and access routes in a parking lot must meet state or federal accessibility guidelines or requirements. (Requirements for ADA on-street accessible parking are in § 272-307.7 E.) 92 • § 272-503 • Town of Ithaca New Neighborhood Code 272-503.1 C Electric vehicle charging stations This table shows required provisions for Level 2 or 3 electric vehicle charging stations in parking lots. ▼ Building type ⚡ EV ready spaces in a parking lot • Cottage court • Multiunit / collective house • Townhouse • Small apartment building • Apartment building • Courtyard apartment building ≥ 1 EV ready space / 5 parking spaces (rounded up) • One story storefront building • Mixed use storefront building • Commercial building • Large footprint building • Neighborhood service station • Civic building ≥ 1 EV ready space / 10 parking spaces (rounded up) 272-503.1 D Solar carport A parking space in a parking lot may have a solar carport or canopy. Solar carport wiring must be underground. 272-503.2 Parking access and location 272-503.2 A Parking access and location: detached and semidetached housing building types 🏠 Applies to: ① detached house, ② small detached house, ③ duplex, paired house, ④ multiunit / collective house. (1) On a lot that borders an alley or similar access drive, off- street parking access may only be from the alley or access drive. 🚫 Access must not be from a street entry driveway. ▶ (2) On a lot that does not border an alley or similar access drive, off-street parking access may be from a street entry driveway. A street entry driveway must meet these requirements. ▶ • Curb cuts must be ① ≥ 30’ from an intersection, and ② ≥ 24’ from another curb cut. • At the front, ① driveway width must be ≤ 14’, and ② driveway approach width must be 9’ - 12’. • At the corner side, ① driveway width must be ≤ 20, and ② driveway approach width must be 9’ - 16’. • Driveway length must be ≥ 25’, starting at the lot line. Town of Ithaca New Neighborhood Code • § 272-503 • 93 Off-street parking in a front or corner side yard, between a building and a street, may only be on a driveway directly in front of a garage. ▶ 272-503.2 B Parking access and location: multiunit housing, mixed use, and commercial building types 🏢 Applies to: ① townhouse, ② cottage court, ③ small apartment building, ④ apartment building, ⑤ courtyard apartment building, ⑥ one story storefront building, ⑦ mixed use storefront building, ⑧ commercial building, ⑨ large footprint building. (1) An off-street parking area may only be ① behind a principal building, or ② in the rear yard area. ▶ (2) On a lot that borders an alley or similar access drive, any off- street parking access must be from the alley or rear access drive. ▶ (3) On a lot that does not border an alley or similar access drive, off-street parking access may be from 1 street entry driveway. If the lot has a street entry driveway: • Any curb cut must be ≥ 60’ from an intersection and other curb cuts. Curb cut spacing should allow efficient use of curbside areas for on-street parking. ▶ • There may only be a second driveway if the Uniform Code requires it for fire apparatus access. • For a corner lot, access may only be from the corner side street. ▶ • A one way driveway and approach must be 12’ - 14’ wide. ▶ • A two way driveway and approach must be 16’ - 20’ wide. ▶ • 🚫 Access must not be from a storefront frontage area. (Exception for common/shared parking: see (4) below.) 94 • § 272-503 • Town of Ithaca New Neighborhood Code (4) A block face with required storefront frontage may only have 1 driveway along the block face. That driveway may only be for access to a common or shared parking lot or ramp. The driveway should be as close to the middle of the block face as possible. ▶ 272-503.2 C Parking access and location: neighborhood service station and civic building types 🏢 Applies to: ① neighborhood service station, ② civic building. (1) An off-street parking area may only be in a rear or interior side yard. It must not be in a front or corner side yard. ▶ (2) A lot may have only 1 street entry driveway for each street frontage to access off-street parking. For a street entry driveway: ▶ • Any curb cut must be ≥ 60’ from an intersection and other curb cuts. Curb cut spacing should allow efficient use of curbside areas for on-street parking. • A one way driveway and approach must be 12’ - 14’ wide. • A two way driveway and approach must be 16’ - 20’ wide. 272-503.2 D Parking access and location: all building and lot types (1) Neighboring building lots may share a driveway, or have joint access to a parking area. (2) 🚫 On a single outlet street, a curb cut should not be in a place where a snow plow on the street: • cannot avoid pushing snow straight onto the driveway approach; or • must enter a driveway to turn around or clear all snow from a turnaround. 272-503.2 E Access between parking lots 🏢 Applies to: ① one story storefront building, ② mixed use storefront building, ③ commercial building, ④ large footprint building, ⑤ neighborhood service station, ⑥ civic building. Parking lot layout should have cross-access drive aisles, to connect to parking lots on bordering lots. 🚫 Property owners must not block cross-access connections or provisions. Mid-block driveway access to a common parking lot. Town of Ithaca New Neighborhood Code • § 272-503 • 95 272-503.3 Parking design 272-503.3 A Parking space, drive aisle, and driveway dimensions A parking area must meet these dimensional requirements. ▼ Parking area element Parking space angle ⦛ 0° 45° 60° 90° Parking row / space depth ≥ 7’ ≥ 19’ ≥ 20’ ≥ 18’ Parking space width ≥ 24’ ≥ 9’ CC ≥ 9’ CC ≥ 9’ CC Drive aisle width: one-way ≥ 10’ ≥ 12’ ≥ 14’ ≥ 22’ Drive aisle width: two-way ≥ 18’ ≥ 22’ ≥ 22’ ≥ 22’ Driveway width: single lane ≤ 14’ Driveway width: double lane ≤ 20’ Driveway approach width See parking access and location requirements for the building type in the previous subsection (§ 272-503.2). CC ≤ 25% of parking spaces in a surface parking lot, and all spaces in a parking garage, may be ≥ 8.5’ wide. Narrow parking spaces in a surface lot should have “compact car only” signage or marking. 272-503.3 B Slope and grade (1) This table shows maximum slope for a driveway or parking space. ▼ Feature Maximum slope Last 20’ of a driveway that serves as a parking space ≤ 5% First 20’ of a driveway that leads to a parking lot ≤ 5% Other parts of a driveway ≤ 10% Vertical curve profile breakover ≤ 10% crest ≤ 9% sag Parking space grade in any direction ≤ 5% ADA accessible parking space grade in any direction ≤ 2% (2) If driveway slope on a lot is > 5%, the lot must have a walkway with a ≤ 5% slope, from the sidewalk to the principal building front entry. 96 • § 272-503 • Town of Ithaca New Neighborhood Code 272-503.3 C Parking area surface (1) Driveway, driveway approach, and parking area surfaces must be ① solid pavement, or ② open cell pavers. ▼ Driveway surface for a ① detached house, ② small detached house, ③ duplex or paired house unit, or ④ individual cottage unit in a cottage court, may also use: • solid wheel strips (ribbon driveway: two wheel strips 2’ - 2.5’ wide; area between strips 3’ - 3.5’ wide); or ▼ • gravel or crushed stone (surface aggregate size ≤ ¾” or ≤ #57), with containment or edging that ① holds stone in place, and ② prevents stone spillage. ▼ Residential driveway examples: gravel in a cellular grid, wheel strips, solid surface (asphalt). (2) 🚫 A parking area or driveway must not be a “parking patch” with no defined spaces, drive aisles, or edges. 272-503.3 D Parking lot circulation (1) Parking lot layout must allow a vehicle to enter from and exit to the street driving forward. ▶ (2) A parking row with only one way in and out must have a turnaround area or space at the end. ▶ (3) Parking lot layout must allow service vehicles to access loading, service, or trash enclosure areas, with as little disruption to circulation and parking space access as possible. 272-503.3 E Landscaping Parking lot landscape island, perimeter buffer, and planting requirements are in the next section. (See § 272-504.2.) Town of Ithaca New Neighborhood Code • § 272-504 • 97 272-504 Landscaping 272-504.1 General site landscaping 272-504.1 A Maintained groundcover (1) Unsurfaced areas (surfaces with no buildings, pavement, or improvements) on a building lot must have maintained groundcover, with one or more of these features. • Turf or ornamental grass. • Perennial groundcover plants, but not common garden weeds. • Garden. • Mulch, granular stone, or similar nonliving material in planting beds for plants. • Pond or water feature. Landscaping examples: natural landscaping, garden in front yard, turf front lawns and tree lawns. (2) These areas do not need maintained groundcover. • Natural landscape area in a park. • Farm field or pasture. • Stream setback area, or riparian or water feature. • Natural feature that normally lacks vegetation, or where maintenance is impractical. (Example: steep slope area, rock outcrop.) 272-504.2 Parking lot landscaping and screening 272-504.2 A Perimeter area: street frontage Sides of a parking lot ① that front on a street, or ② next to a park, must have the following landscaping and screening treatment. ▶ • Manicured landscape strip, with turf grass or perennial groundcover: ≥ 5’ wide. • Brick, stone, or cast stone wall with a capstone: 2.5’ - 4.0’ tall, and 2.5’ - 3’ tall within 15’ of a vehicle entrance. • Average of ① ≥ 1 tall shrub for every 5’ of frontage, ② ≥ 1 ornamental tree for every 10’ of frontage, or a combination of the two, on street facing sides. • Foundation planting with short flowers, shrubs, or other decorative plants, on street facing sides. 98 • § 272-504 • Town of Ithaca New Neighborhood Code 272-504.2 B Perimeter area: other sides (1) Sides of a parking lot that ① do not face a street, or ② are not next to a building on the lot, must have a ≥ 5’ wide landscape strip, with turf grass or perennial groundcover. (2) 🏢 Applies to: ① one story storefront building, ② mixed use storefront building, ③ commercial building, ④ large footprint building, ⑤ neighborhood service station, ⑥ civic building, Sides of a parking lot next to one of these building / lot types must have a 6’ - 7’ tall (≤ 3’ tall in clear sight triangles, and areas ≤ 20’ from a sidewalk) masonry wall with a capstone. ▶ • Detached house • Small detached house • Duplex • Paired house • Cottage court • Multiunit / collective house • Townhouse 272-504.2 C Internal area (1) A row of parking spaces must have a terminal or endcap landscape island ≥ 9’ wide and ≥ 160 ft², with ≥ 1 tall tree for each row, at each end. On a landscape island next to a building wall, ≥ 2 short trees may substitute for 1 tall tree. ▶ (2) In a parking lot with ≥ 20 spaces, rows of parking spaces have landscape islands with one of these forms. ▶ • An interior landscape island ≥ 9’ wide and ≥ 160 ft², with ≥ 1 tall tree for each row, at an interval of ≤ 10 spaces or ≤ 90’ in a row. • A linear landscape island ≥ 4.5’ wide, with an average of ≥ 1 tall tree every 30’, between parking rows. (3) A landscape island between parking spaces with solar carport or canopy coverage does not need a tree. 272-504.2 D Stormwater runoff Parking lot landscape islands and perimeter area must allow stormwater runoff capture and infiltration where possible. Parki ng lot landscape areas should be part of the stormwater train of treatment for the site or surrounding area. 272-504.3 Planting strip landscaping and hardscaping Planting strip requirements are part of the thoroughfare and street type requirements in Article 3. (See § 272-307.8.) Requirements for general site landscaping, landscape plants, and topsoil removal and replacement in this section also apply. (See § 272-504.1, § 272-504.4, and § 272-504.5.) Town of Ithaca New Neighborhood Code • § 272-504 • 99 272-504.4 Landscape plants 272-504.4 A Tall trees A tall tree must have these traits to count for meeting landscaping requirements. • Mature height of ≥ 30’. • Diameter at breast height (DBH) at planting of ≥ 2”. A genera and species from this table. ▼ Tree genus Tall tree species (mature height ≥ 30’) Arborvitae 🌲⦻ Green Giant Beech European Birch Paper Black Tupelo all Butternut Butternut/Japanese Walnut hybrid (buartnut) Cedar 🌲⦻ Eastern Red, Northern White/Arborvitae Chestnut Chinese, American (blight-resistant cultivars) ⦻ Coffeetree Kentucky Cypress 🌲⦻ Bald Elm David, Emerald Vase, Lacebark Elm: American Dutch Elm Disease resistant cultivars: Jefferson, New Harmony, Prairie Expedition, Valley Forge Elm: hybrid Dutch Elm Disease resistant cultivars: Accolade, Commendation, Danada Charm, Discovery, Patriot, Prospector Fir 🌲⦻ Balsam, Canaan, Concolor, Douglas, Frasier, White Ginkgo Bilboa male only Gum ⦻ Black Hickory Mockernut, Red, Shagbark Holly 🌲⦻ American Hornbeam European Japanese Pagoda all Katsura all Linden American, Bigleaf, Crimean, Littleleaf, Silver Locust Honey (thornless) Maple Black, Freeman, Miyabe, Red, Sugar ⦻ Oak Black, Bur, Chinkapin, Dawn, English, Italian, Northern Red, Sawtooth, Scarlet, Shingle, Shumard, White, Willow Pine 🌲⦻ Eastern White, Jack, Pitch, Ponderosa, Scotch, Shortleaf, Yellow Planetree London (Bloodgood) Rubber Tree Hardy Sassafrass all Spruce 🌲⦻ Black, Norway, Serbian, White Tuliptree all Walnut Black Zelkova Caucasian, Japanese 🌲 - conifer. ⦻ - cannot be a street tree. 100 • § 272-504 • Town of Ithaca New Neighborhood Code 272-504.4 B Short trees A short tree must have these traits to count for meeting landscaping requirements. • Mature height of 15’ - 29.9’. • Diameter at breast height (DBH) at planting of ≥ 1.5”. A genera and species from this table. ▼ Tree genus Short tree species (mature height 15’ - 29.9’) Apple ⦻ all cultivars with ≥ 15’ mature height Beech Tricolor Birch River, Whitespire Senior Buckeye Red Cedar 🌲⦻ Atlantic white, Eastern Red (tree form cultivars with ≥ 15’ mature height) Cherry Flowering: Amanogawa, Canada Red, Choke, Cornielian, Kwanzan, Okame, Sargent, Snowgoose Elm Athena, Emerald Sunshine, Everclear, Szechuan Elm: hybrid Dutch Elm Disease resistant cultivars: Frontier, New Horizon Fringe Tree all Hawthorn Thornless Cockspur Falsecypress 🌲⦻ Hinoki (upright tree form cultivars with ≥ 15’ mature height) Holly Fosters Hophornbeam American (Ironwood) Hornbeam American Horsechestnut Red Horsechestnut Japanese Snowbell all Japanese yew🌲⦻ upright tree form cultivars with ≥ 15’ mature height Juniper 🌲⦻ upright tree form cultivars with ≥ 15’ mature height Lilac Beijing, Japanese Linden Mongolian Maackia Amur Maple David, Field/Hedge, Fullmoon ⦻, Hornbeam ⦻, Ivy-leaved ⦻, Japanese (tree form cultivars with ≥ 15’ mature height), Montpellier, Nikko, Manchurian, Paperbark, Red, Shantung, Tartarian, Three Flower, Trident Parrotia Persian Pine ⦻ (upright tree form cultivars with ≥ 15’ mature height) Redbud Eastern Serviceberry Allegheny Smoketree upright tree form cultivars with ≥ 15’ mature height Sourwood all Spruce: white🌲⦻ upright tree form cultivars with ≥ 15’ mature height Yellowhorn Chinese Yellowwood American 🌲- conifer. ⦻ - cannot be a street tree. Town of Ithaca New Neighborhood Code • § 272-504 • 101 272-504.4 C Ornamental trees, tall shrubs, and short shrubs An ornamental tree or shrub must have these traits to count for meeting landscaping requirements. ▼ Plant type Size at planting Mature height • Ornamental tree (upright tree form) ≥ 1 ¼” DBH 10’ - 14.9’ • Tall shrub • Small ornamental tree ≥ #3 (11 liter) container 3’ - 9.9’ • Short shrub ≥ #2 (6 liter) container 2’ - 2.9’ 272-504.4 D Unlisted trees and shrubs Planning staff may allow an unlisted tree or shrub genus to count in meeting landscaping requirements, if these traits make it suitable for its setting. • Lifespan. • Cold hardiness (USDA zone 5b or 6a). • Wood/branch strength. • Shape and height at maturity. • Root system direction and behavior. • Disease and insect resistance. • Salt tolerance. • Lack of invasive, toxic, negative allelopathic, thorny, or other harmful qualities. 272-504.4 E Prohibited plants 🚫 Landscape plants must not be in the current version of these lists. • New York State: Prohibited and Regulated Invasive Species regulations (6 NYCRR Part 575). • New York State Department of Environmental Conservation: New York State Prohibited and Regulated Invasive Plants (prohibited genera and species). • Tompkins County Environmental Management Council: Invasive Plants of Ithaca, New York, and Invasive Plants of Tompkins County, New York. The Town may order destruction of noxious plants or weeds, under these laws. • New York State Public Health Law (Public Health Law § 1321, Noxious weeds and growths; notice to abate; enforcement). • Town Law (Town Law § 64 5-a, General powers of town boards, Removal of fire and health hazards and weeds). • Municipal Home Rule Law. 272-504.5 Topsoil removal and replacement Any removed topsoil must stay in the neighborhood unit area. Final site work must include replacing all removed topsoil ① to the same lot where possible, or ② elsewhere in the neighborhood unit area. 102 • § 272-505 • Town of Ithaca New Neighborhood Code 272-505 Fences and walls 272-505.1 Location and height 272-505.1 A Height (1) This table shows maximum fence / wall height for different locations on a lot. ▼ Fence/wall location or type Fence/wall height Location ❶ • Front and corner side yard • Corner side yard ≤ 4’ Location ❷ • Rear and interior side yard • Interior side yard • Rear yard • Corner side yard behind principal building rear elevation (not including any attached rear garage) ≤ 6’ + optional ≥ 1’ lattice Location ❸ • 10’ clear sight triangle at driveways and alley rights-of- way ≤ 3’ Park street frontage • ≤ 4’ • ≤ 3’ in clear sight triangle ❸ Deer fence • Zoning Code fencing requirements apply. (See § 270-223: zoning - fencing.) • 🚫 No deer fences in location ❶ or ❸. • 🚫 A deer fence must not take the place of a conventional yard or boundary fence Parking lot screening wall See parking lot landscaping and screening requirements in the previous section. (§ 272-504.2) Waste collection, outdoor storage, and ground mounted equipment screening See service area screening requirements in the next section. (§ 272-506.2) Wall mounted equipment screening See building design requirements in Article 4. (§ 272-404.3 M) (2) These fence or wall elements may be taller than the maximum fence or wall height, in areas outside a clear sight triangle. • Post, pole, or another supporting member. • Pillar or column. • Arbor at an opening or gate. • Fences for athletic or ball fields. Town of Ithaca New Neighborhood Code • § 272-506 • 103 272-505.2 Materials and design 272-505.2 A Fence materials (1) A permanent fence or wall must use ≥ 1 of these materials, in a way that is customary for fence or wall construction. ▶ • Brick, stone, cast brick or stone, split face block, or glass block. • Wood, or a synthetic material that looks like wood. • Decorative or wrought metal (iron, steel, aluminum). • Hog wire, sheet or corrugated metal, glass, bamboo, or a similar material, in a board frame structure. • Welded wire with vinyl coating. • Gabion. (2) Chain link fencing may only be at ① an ancillary use (examples: athletic/ball field, backyard chicken area), or ② a construction or short term event site. Chain link fencing for an ancillary use must have vinyl coating, a supporting top rail, and knuckle selvage ends. (3) A fence or wall must not have any of these traits. • 🚫 Sharp or unfinished wires or edges. • 🚫 Barbed, razor, or concertina wire. (Exception: barbed wire at an agricultural use or active construction site, or where other laws require it.) • 🚫 Electrification. (Exception: agricultural use). • 🚫 Materials or design features that cause a hazard to ① users of a nearby sidewalk or thoroughfare, or ① nearby property. 272-505.2 B Finished side out A fence or wall with finished and unfinished sides must have its finished or “good” side facing outward, towards bordering lots or thoroughfares. 🚫 A unfinished, stringer, or “rough” side of a fence must not face out. (See Town Code § 270-223 A 9: zoning - fences and walls.) ▶ 272-506 Waste collection, outdoor storage, and ground mounted equipment areas This subsection has requirements for site-specific waste collection areas, outdoor storage, ground-mounted equipment areas, and similar service areas. (Requirements for roof and wall mounted mechanical equipment screening requirements are in § 272-404.3 L and § 272-404.3 M. Requirements for ground mounted utility boxes are in § 272-309.3 C.) 272-506.1 Location 272-506.1 A Waste collection and outdoor storage areas (1) These site features may only be in a ① rear yard, or ② interior side yard ≥ 20’ behind the front building elevation. 104 • § 272-506 • Town of Ithaca New Neighborhood Code • Dumpster. • Outdoor trash compactor. • Common waste collection or recycling area for ≥ 3 dwelling units. • Outdoor storage area, only for a ① one story storefront building, ② mixed use storefront building, ③ commercial building, ④ large footprint building, ⑤ neighborhood service station, or ⑥ civic building. 🚫 Other building types and vacant lots must not have outdoor storage. (2) Waste collection or outdoor storage areas may only be ① integral to a principal or accessory building, or ② in a separate accessory structure. 272-506.1 B Ground mounted mechanical equipment 🏢 Applies to: ① small apartment building, ② apartment building, ③ courtyard apartment building, ④ one story storefront building, ⑤ mixed use storefront building, ⑥ commercial building, ⑦ large footprint building, ⑧ neighborhood service station, ⑨ civic building. Ground mounted mechanical equipment ancillary to a principal structure may only be in the ① rear yard, or ② interior side yard. 272-506.2 Screening 272-506.2 A Waste collection and outdoor storage areas A dumpster, outdoor compactor, common waste collection or recycling area, or outdoor storage area must have screening that conceals it. Screening height must be 6’ - 8’. ▶ Screening materials must be: ▶ • brick or stone (real or simulated/precast); • split face block; • vinyl (co-extruded, ≥ 0.150” thick); or • wood or composite material in a full steel frame. Materials may also match cladding on the principal building. ▶ Gate materials must be ① metal; ② vinyl (co-extruded, ≥ 0.150” thick); or ③ wood or composite material in a full steel frame. ▶ Screening and gates ≥ 0.5’ above the ground must be 100% opaque. ▶ 272-506.2 B Ground mounted mechanical equipment (1) 🏢 Applies to: ① small apartment building, ② apartment building, ③ courtyard apartment building, ④ one story storefront building, ⑤ mixed use storefront building, ⑥ commercial building, ⑦ large footprint building, ⑧ neighborhood service station, ⑨ civic building. Ground mounted mechanical equipment must have screening that conceals it from neighboring lots and the public realm. Screening height must be tall enough to conceal the equipment, up to 8’. Elsewhere, landscape plantings, screening or wing walls, or inconspicuous siting must conceal ground mounted mechanical equipment as much as possible. Screening and gate materials and opacity requirements are the same as for waste collection and service areas. (See § 272- 506.2 A.) Equipment without opaque screening must have a surface color that ① is black, ② is dark green or brown (HSL color model: lightness of 15% - 30%); or ③ closely matches the main color on the principal building. Town of Ithaca New Neighborhood Code • § 272-507 • 105 (2) 🏠 Applies to: ① detached house, ② small detached house, ③ duplex, paired house, ④ cottage court, ⑤ multiunit / collective house, ⑥ townhouse. Ground mounted mechanical equipment must have bushes or shrubs, wing walls, inconspicuous siting, or another form of screening that conceals it as much as possible from neighboring lots and the public realm. 272-507 Signs and murals 272-507.1 General regulations for signs For building and lot types in the left column of this table, Zoning Code regulations for signs in the zone group (and specific zone, if relevant) in the right column apply. (See § 270-29: zoning - signs.) In a transect zone, special requirements for attached and freestanding signs in this section also apply. (See § 272-507.2 and § 272-507.3.) ▼ Building / lot type Sign regulations for this zone group apply • Detached house • Small detached house • Duplex • Paired house • Cottage court • Townhouse • Multiunit / collective house • Civic building • Non-building lot Residential zones MDR (medium density residential) • Small apartment building • Apartment building • Courtyard apartment building Residential zones MR (multiple residence) • One story storefront building • Mixed use storefront building • Commercial building • Large footprint building • Neighborhood service station Commercial zones N-C (neighborhood commercial) A new sign in a TND site must have a sign permit, but it does not need Planning Board review. 272-507.2 Attached signs 🚫 An attached sign must not be in the form of a ① waterfall or bubble awning, or ② light box or sign cabinet. ▶ 272-507.3 Freestanding signs 272-507.3 A Sign height Where Zoning Code sign regulations allow a freestanding sign height of ≥ 4’, the maximum freestanding sign height in a transect zone is 4’. (See § 270-29: zoning - signs.) 272-507.3 B Sign face area Where Zoning Code sign regulations allow a freestanding sign face area of ≥ 16 ft², the maximum freestanding sign face area in a transect zone is 16 ft². 106 • § 272-508 • Town of Ithaca New Neighborhood Code 272-507.3 C A-frame sign An a-frame sign is a small, easily movable sign with 2 sides, usually in the form of an upright wedge or the letter “A”. ▶ (1) Number: An establishment may only display 1 a-frame sign. (2) Dimensions: • Face area (each side): ≤ 8 ft². • Height (above grade): 3’ - 4’. (3) Location: An a-frame sign may only be on the lot in front of the establishment it identifies or advertises. 🚫 It must not ① be in the public right-of-way, or ② block a building entrance or pedestrian way. (4) Display time: An establishment may display an a-frame sign only during business hours. (5) Other requirements: An a-frame sign must stay stable and upright when it is outdoors. 🚫 Pedestrian activity, or moderate wind or rain, must not cause an a-frame sign to fold or fall. 🚫 An a-frame sign must not have ① animated, moving, or windblown parts; ② lights; or ③ changeable copy. 272-507.4 Murals A mural may only be on a one story storefront building, mixed use storefront building, commercial building, large footprint building, neighborhood service station, or civic building in the NT-4u or NT-5 zone. Regulations and permitting requirements for murals in the Zoning Code also apply to murals in a TND site. (See Zoning Code § 270-265: art murals.) 272-508 Outdoor lighting (Requirements for street and alley lighting are in § 272-307.8 D.) 272-508.1 General requirements 272-508.1 A Performance standards Outdoor lighting must meet outdoor lighting performance standards in the Town outdoor lighting law (Town Code § 173), along with requirements in this section. 272-508.1 B Freestanding light height Pole mounted lighting height must be: • NT-3 and NT-4 zone: ≤ 12’ • NT-4u and NT-5 zone: ≤ 16’ • Sports field or court: as low as possible, but ① ≤ 50’ for football, baseball, and soccer fields; and ② ≤ 25’ for pools, skate parks, and other outdoor sports courts and fields. 272-508.1 C Color temperature Outdoor lighting color temperature must be ≤ 3000K (warm white). This does not apply to ① decorative lighting using ≤ 25 lumen lights (examples: strings of holiday lights, rope lights), ② non-fixed or temporary lights, or ③ sports fields or courts. Town of Ithaca New Neighborhood Code • § 272-508 • 107 272-508.1 D Light level This table shows maximum lighting level for various parts of a lot or site. Feature Average light level on the surface Area under a canopy, patio roof, arcade, awning, porte- cochere, or similar feature ≤ 50 lux ATM and ≤10’ perimeter ≤ 50 lux Building entrance, garage door ≤ 10 lux Loading area, service area ≤ 10 lux Parking lot, drive aisles: NT-3 or NT-4 ≤ 3 lux Parking lot, drive aisles: NT-4u or NT-5 ≤ 5 lux Parking ramp ≤ 50 lux Parking ramp, uncovered top level ≤ 10 lux Path or trail in a natural preserve ≤ 1 lux Path or walkway elsewhere ≤ 5 lux; stairs ≤ 10 lux Playground, square (park type) ≤ 10 lux Sports field or court ≤ 200 lux * Elsewhere on the ground on a lot ≤ 3 lux * Lighting must be off ≤ 30 minutes after play, but 11:00 PM at the latest. This does not apply to: • Motion activated security lighting. • Construction sites or equipment yards for active construction projects. • Community events (examples: festival, fair, concert or play). 272-508.1 E Location 🚫 A light pole must not be in or block a curb ramp or pedestrian way. 108 • § 272-508 • Town of Ithaca New Neighborhood Code This page is blank for two-sided printing and pagination. Article 6 (uses) starts on the next page. Town of Ithaca New Neighborhood Code • § 272-601 • 109 Article 6: Uses § 272-601 Overview 109 § 272-602 How to use this article 109 § 272-603 Allowed uses in transect zones 109 272-601 Overview This article lists and describes allowed uses for each transect zone; and use-specific conditions and performance standards. 272-602 How to use this article Allowed uses Tables in the next section (§ 272-603) list and describe uses in several categories (residential, lodging, retail/service/office, vehicular, industrial/semi-industrial, civic, utility/communications, semi-mobile, and accessory uses/single purpose structures). A ✓ symbol in a zone column means the zone allows the use. A • symbol means the zone does not allow the use. Conditions The right column of an allowed use table lists special conditions for some uses. Some conditions may apply in some zones, but not others. 272-603 Allowed uses in transect zones 272-603.1 General 272-603.1 A Applicability A use must follow all relevant regulations and approval conditions in this article. A use must also follow all relevant local, state, and federal laws; and licensing, health, safety, maintenance, and building and fire code requirements. 272-603.1 B Unlisted uses If an unlisted use meets all these criteria, the Planning Director (or their designee) may decide this code allows it in a specific zone. • Its nature and impact are like a use the zone allows, based on American Planning Association Land Based Classification Standards (APA LBCS) activity, function, or structure dimensions. • Its nature and impact are not like a use the zone prohibits. • It is consistent with the intent of the zone. • It is consistent with the intentions of the Comprehensive Plan and other relevant plans. • It is not prone to causing a nuisance, grouping of similar uses, or other condition that could hurt neighborhood vitality. An unlisted use that does not these criteria is not allowed. 110 • § 272-603 • Town of Ithaca New Neighborhood Code 272-603.2 Principal uses: residential Use and description NT-3 NT-4 NT-4u NT-5 Conditions 🄰 Dwelling unit Separate living quarters for living, sleeping, cooking, eating, bathing, and sanitation by 1 household. ✓ ✓ ✓ ✓ Building type: Building/lot type determines the number of principal dwelling units in a building or on a lot. 🄱 Live-work dwelling unit Principal dwelling unit, with connected purpose- built space on the ground floor for an allowed nonresidential use. ✓ ✓ ✓ ✓ Area: ≤ 500'² GFA for a nonresidential use, on the 1st story, with a public entrance separate from living areas. Occupancy: The dwelling unit must be the proprietor’s primary home. Time: Business hours ≥ 8:00 AM to ≤ 8:00 PM. Use: A nonresidential use in a live-work unit may only be one of these uses. • Day care center or day care home. • Professional office • Artisan. • Retail and service: general: NT-4u NT-5 only. NT-3 other conditions Location: Corner lot only, with public entry from the corner side. 🄲 Collective living Occupancy of a dwelling unit by ≥ 3 unrelated people, where ① the living arrangement is not transient, temporary, seasonal, or connected to an academic calendar, and ② not limited to members of a club or organization. • ✓ ✓ • • Building type: Multiunit / collective house only. 🄲 Community residence Facility that meets the definition of “community residential facility for the disabled” in New York State Mental Hygiene Law § 41.34 (a) (1). ✓ ✓ ✓ ✓ • Use: Site selection provisions of Mental Hygiene Law § 41.34 apply. 🄲 Residential care facility Housing and ancillary services for people who need help with daily living activities or cannot care for themselves. (Examples: independent living, assisted living, memory care, nursing home.) • ✓ ✓ • ✓ - Allowed use in the zone; conditions may apply. • - Not allowed in the zone. Town of Ithaca New Neighborhood Code • § 272-603 • 111 272-603.3 Principal uses: lodging Use and description NT-3 NT-4 NT-4u NT-5 Conditions 🄰 Bed and breakfast inn Detached house with 2 - 4 guest rooms for overnight stays by paying guests. ✓ ✓ ✓ • Occupancy: Must be the proprietor’s primary home. Time: Guest room occupancy may only on a daily or weekly basis. 🄱 Hotel Facility with ≥ 5 guest rooms for overnight stays by paying guests. • • ✓ ✓ Time: Guest room occupancy may only on a daily or weekly basis. 🄲 Short term rental Rental of all or part of a dwelling unit for a 1 to 30 day period. These are not short-term rental uses. • Month-by-month leases. • Pet sitting, house watching, or other services where a short term occupant does not pay the long term occupant to stay in the dwelling unit. ✓ ✓ ✓ ✓ Requirements for short-term rental uses in the Zoning Code (§ 270-219.7) apply. These rules also apply. Occupancy: • The property owner must live in the principal unit as their primary home. • Hosted short-term rental: property owner is present in the principal unit during a renter’s stay. May be in ① an accessory unit (see § 272-603.10); ② a 2nd principal unit in a duplex; or ③ one suite or bedroom in the principal unit. • Unhosted short-term rental: property owner is not present during a renter’s stay. May be in ① a principal unit for ≤ 182 days / year; or ② an accessory unit. • Time: Guest room or unit occupancy may only on a daily or weekly basis. ✓ - Allowed use in the zone; conditions may apply. • - Not allowed in the zone. 112 • § 272-603 • Town of Ithaca New Neighborhood Code 272-603.4 Principal uses: retail, service, and office Use and description NT-3 NT-4 NT-4u NT-5 Conditions 🄰 Adult use The definition for “adult use” in the Town Code applies. (See Town Code § 100: adult uses.). • • • • 🚫 Must not be in a transect zone or TND site. 🄱 Commercial recreation: indoor Establishment or facility that is not part with a civic use, which provides an indoor recreation or entertainment-oriented activity to the public for a fee, as an ongoing principal use. Examples of activities that may be part of this use include: • Indoor fun center, bowling center, video/game arcade. • Laser tag, paintball, airsoft. • Movie theater. • • • ✓ 🄲 Day care center Establishment that provides any of these services to unrelated children or adults in a protective setting. • Child day care (18 NYCRR § 418.1), small day care (18 NYCRR § 418.2), school-aged child care (18 NYCRR § 414). • Adult day health care (10 NYCRR § 425), social adult day care (9 NYCRR § 6654.20). • • ✓ ✓ Use: See Day care: home (§ 272-603.10) for family day care (18 NYCRR § 417) or group family day care (18 NYCRR § 416) uses. 🄲 Funeral services Establishment for funeral services, or preparing deceased for display, off-site burial, or off-site cremation. • ✓ ✓ ✓ 🄲 Professional office Establishment that provides professional, administrative, clerical, outpatient medical or allied health care, veterinary, or technology services. • • ✓ ✓ 🄲 Restaurant / cafe / bar Establishment that prepares and serves meals or drinks to customers onsite or delivery offsite. • • ✓ ✓ Use: Alcoholic beverage production and packaging may occupy ≤ 50% of the use’s total GFA. (Examples: craft brewery or distillery.) 🄲 Retail and service: general Establishment that sells or rents a physical or intangible product to the public, or provides a service to customers onsite. • • ✓ ✓ Use: Inventory storage may only be indoors, or in a fully enclosed structure. This does not apply to sidewalk or outdoor displays during business hours. ✓ - Allowed use in the zone; conditions may apply. • - Not allowed in the zone. Town of Ithaca New Neighborhood Code • § 272-603 • 113 272-603.5 Principal uses: vehicular Use and description NT-3 NT-4 NT-4u NT-5 Conditions 🄰 Vehicle fueling Establishment with fuel sales to vehicles from a pump (gas station). (An electric vehicle charging station is not a fuel pump.) • • • ✓ Building type: Neighborhood service station (§ 272-403.17) only. Location: Main frontage must be on a through street. Number: • Only 1 vehicle fueling use in a neighborhood unit. • 🚫 Must not be in a partial TND. Use: • A retail and service use or restaurant may be part of the use. • Lot and total site size: ≤ 15,000 ft2. • 🚫 No car wash or vacuums. • 🚫 No loudspeaker or PA system, except for customer help only. • 🚫 No gas pump advertising systems with sound. 🄱 Vehicle repair: light Repair or service of light vehicles (< 14,000 pounds). • • • ✓ Building type: One story storefront (§ 272-403.13) or neighborhood service station (§ 272-403.17) only. Location: Main frontage must be on a through street. Neighborhood type: Town center neighborhood only. Number: Only 1 light vehicle repair use in a neighborhood unit. Siting: Must be in a fully enclosed structure. Use: • Lot and total site size: ≤ 15,000 ft2. • GFA (including garage and accessory building area): ≤ 2,500 ft2. • A ① new building, or ② conversion of an existing building, for a neighborhood service station use needs site plan review. (See § 272-804.1 A, § 272-804.1 B.) • 🚫 No ① heavy vehicle (≥ 14,000 pounds) maintenance or repair; ② vehicle painting, collision work, or restoring; or ③ car wash or vacuums. • Vehicles waiting for or under repair on the site overnight may only be indoors or inside a screened outdoor storage area. (Storage area requirements are in § 272-506.) • 🚫 No storage of dismantled, wrecked, or unlicensed vehicles. P - Allowed use in the zone; conditions may apply. • - Not allowed in the zone. 114 • § 272-603 • Town of Ithaca New Neighborhood Code 272-603.6 Principal uses: industrial and semi-industrial Use and description NT-3 NT-4 NT-4u NT-5 Conditions 🄰 Artisan Establishment where people make art or products by hand, using handheld tools or tabletop/benchtop equipment. • • ✓ ✓ 🄱 Industrial use: low impact Manufacture mostly from previously prepared materials, preparation, processing, or repair of products for distribution or sale; with no detectible offsite impacts. • • • ✓ Building type: ① One story storefront building, ② mixed use storefront building, ③ commercial building, or ④ large footprint building only. Occupancy: If the use occupies a storefront area, it must include sales of items made on site. 🄲 Research / laboratory Establishment conducting scientific research, investigation, testing, or experimentation. It may also include related manufacture or sale of products incidental to the main purpose of the laboratory. • • • ✓ ✓ - Allowed use in the zone; conditions may apply. • - Not allowed in the zone. Town of Ithaca New Neighborhood Code • § 272-603 • 115 272-603.7 Principal uses: civic Use and description NT-3 NT-4 NT-4u NT-5 Conditions 🄰 Community workshop Facility for people to learn, experiment, invent, or make things using shared tools and resources, in a collaborative setting. (Examples: makerspace, hackerspace, community kitchen.) • • ✓ ✓ 🄱 Cultural facility Facility for display, performance, or enjoyment of heritage, history, arts, or sciences. (Examples: museum, gallery, library, arts performance venue by a public or private entity.) • • ✓ ✓ 🄲 Farmers market (permanent site) Retail marketplace, mostly under an unenclosed structure, where merchants sell their products directly to consumers. It does not include grocery or convenience stores, or resellers. • • • ✓ Location: As a principal use, may only be on a site that is improved for permanent or interim occupancy. Use: As an intermittent, temporary, or accessory use, see the table for accessory uses (§ 272-603.10). 🄲 Park Land used for a park. ✓ ✓ ✓ ✓ Park types and requirements are in Article 3. (See § 272-308.) 🄲 Place of assembly Facility used for public/resident assembly for worship, meeting, government, or community purposes. (Examples: religious or secular congregation, community center, common house, amenity center.) This includes typical ancillary uses. (Examples: meeting room, kitchen, exercise room, laundry room, workshop, day care center, offices.) ✓ ✓ ✓ ✓ 🄲 Private club / lodge Facility of a nonprofit private club or organization, mostly open only to club members and their guests. (Examples: service or lodge-based organization, social club, veterans’ club, labor union.) • • ✓ ✓ Use: 🚫 No onsite housing. 🄲 Public safety Police or fire station, ambulance service, or other public safety service. • ✓ ✓ • 🄲 School: primary / secondary NYS recognized school for primary or secondary (K-12) education. ✓ ✓ ✓ ✓ 🄹 School: college / university / vocational NYS recognized school for post-secondary, graduate, doctoral, professional, or vocational education. • • ✓ ✓ Use: Does not include dorms, parking, stadiums, maintenance or utility buildings, or related support functions as principal uses. ✓ - Allowed use in the zone; conditions may apply. • - Not allowed in the zone. 116 • § 272-603 • Town of Ithaca New Neighborhood Code 272-603.8 Principal uses: utility and communication Use and description NT-3 NT-4 NT-4u NT-5 Conditions 🄰 Utility substation Facility for collecting, processing, or distributing a public utility commodity. (Examples: electrical substation, water tank and pumps, lift station, telephone switch.) ✓ ✓ ✓ ✓ For an open air substation: Location: As unnoticeable from the public realm and residential lots as possible. Screening • Height: Tall enough to conceal the equipment, up to 12’. • Materials: Brick or stone (real or simulated/precast); split face block. • Screening must be 100% opaque. • Gates must be ≥ 75% opaque. • The site must meet general landscaping requirements in Article 5. (See § 272-504.1.) 🄱 Wireless facility Equipment, structures, and site or designated area used to provide or relay commercial or broadcast wireless services. (Examples: cellular/PCS/AWS service, fixed wireless Internet, broadcast radio or television station.) ✓ ✓ ✓ ✓ The review process and requirements for telecommunications facilities in the Zoning Code apply. (See Zoning Code § 270-219.) These rules also apply. Visibility • Preference for a new facility is from least to most visible. Elements of visibility include size, scale, proportions, color, materials, context, contrast, and location. An applicant for a more visible facility must show that a less visible facility is not technically possible. These facility types are in order of less to more visible, or more to less preferable:. ◦ Stealth facility: design that hides its real function from a casual observer. ◦ Antenna and shroud on an existing structure. ◦ Small cell integral to a light or traffic signal pole. ◦ Small cell / DAS mounted on an existing pole. ◦ Unipole with antennas inside the pole. ◦ Monopole with antennas outside the pole. Design • Outside wall: ◦ An antenna must be as architecturally integral as possible. Town of Ithaca New Neighborhood Code • § 272-603 • 117 Use and description NT-3 NT-4 NT-4u NT-5 Conditions ◦ An antenna must be concealed in existing or new architectural elements, or the plane of the façade, instead of using visible surface mounting, where possible. ◦ If visible mounting is unavoidable, an antenna and shroud must be as flush to the wall as possible, match the color of the mounting surface, and not project past any corners or edges. • Flat roof: ◦ An antenna must be as architecturally integral as possible. ◦ An antenna must be concealed in an existing or new architectural element, or on a screening structure, where possible. ◦ If visible mounting is unavoidable, an antenna and shroud may be ≤10’ above the roof height, must be as close to the middle of the roof as technically possible, and must match the most prominent building color. • Sloping roof: An antenna and equipment on a sloping roof must be concealed in a dormer, cupola, chimney, or similar element. • Pole color: Color of a monopole, unipole, or small cell/DAS pole, and anything mounted on it, must make it blend into its surroundings as much as possible. 🚫 No uncoated or gray poles. Equipment • Cabinets, boxes, and related equipment (examples: generators, remote radio units and heads, diplexers meters, surge suppressors, cutoff switches) must be concealed as much as possible. • 🚫 No cabinets, boxes, or related equipment on a pole. • Screening and location requirements for ① rooftop and wall-mounted mechanical equipment (if on a building), ② service areas (if next to a building), ③ utility equipment facilities (if in a thoroughfare right-of-way), and ④ utility substations (if away from a building), also apply to wireless facility equipment. (See § 272-404.3 L, § 272-404.3 M, § 272-506.2, § 272-309.3, § 272- 603.8 A.) Location • Siting must not undermine lot usability. (See § 272-403.21.) • A fall zone is not a “vice versa” buffer for other structures or uses. • Fall zone requirements do not apply to facilities ① using light or traffic signal poles; or ② in the form of a clocktower, carillon, steeple, or similar structure. • Freestanding small cell / DAS facilities should be in alleys or rear yards where possible. ✓ - Allowed use in the zone; conditions may apply. • - Not allowed in the zone. 118 • § 272-603 • Town of Ithaca New Neighborhood Code 272-603.9 Semi-mobile uses Use and description NT-3 NT-4 NT-4u NT-5 Conditions 🄰 Food truck Food service operation in a parked vehicle or trailer equipped to prepare, sell, and serve food. This does not include: • Roving or route-based vending with brief stops to serve customers. (Example: ice cream truck). • Vending from a portable structure without wheels. (Example: portable shed, shipping container.) • Food carts. (Example: hot dog cart.) • Catering or food delivery to a specific customer, with no vending from a vehicle or trailer. • Mobile vending machines. ✓ ✓ ✓ ✓ Location: Food truck location may only be: • Off street: ◦ NT-3 NT-4 NT-4u : in a parking lot at a civic use, for a special event. ◦ NT-5 : in any parking lot. • On street curbside: ◦ NT-3 NT-4 NT-4u : on any street with on- street parking. For a block party; private party; or a special event at a civic use. ◦ NT-5 : on any local or through street with on- street parking. Siting • On street curbside: ◦ May only be in a parking lane, ≥ 30’ from an intersection, driveway, crosswalk, fire hydrant, fixed bus stop, or frontage of a business with food service. ◦ For a private party or special event, may only be in front of the lot where the party or event is happening. • On and off street: ◦ Must follow traffic and parking regulations, and keep a 14’ fire lane. ◦ 🚫 Must not be in the way of vehicle or pedestrian traffic. ◦ Customer window must be on the side of fixed pavement, and not face a traffic or bike lane. Time • May only use the same site for 1 day, or 2 days in a row. Afterwards, the vendor must not return to ≤ 1,000' of the site for ≥ 24 hours. • 🚫 Must not park or stay at a site when closed for business, except for a multi-day special event. Permit • Needs a food truck operating permit from the Town of Ithaca. Town of Ithaca New Neighborhood Code • § 272-603 • 119 Use and description NT-3 NT-4 NT-4u NT-5 Conditions 🄱 Food truck court Off-street facility designed to accommodate a group of food trucks and their customers. Also known as a food truck park or food truck corral. • • • ✓ Use: May only be: ◦ A secondary use on a lot with a one story storefront building, mixed use storefront building, commercial building, large footprint building, or neighborhood service station; or ◦ An interim standalone use on a vacant lot that the subdivision plat designates for one of those building types. Site design • Number: ≤ 1 in a neighborhood unit. • Spaces for food trucks/trailers: 2 to 8. • Spacing between food trucks/trailers: ≥ 10’. • Surfaces for pedestrians and food truck/trailer parking must have solid or pervious pavement, or a fine aggregate surface (≤ 3/8” or ≤ #57 stone) that is stable, firm, and free of dust and mud. • Food trucks/trailers must be ≤ 150’ from a fire lane or apparatus road. • 🚫 No food trucks/trailers, seating, tables, or other items in the way of vehicle or pedestrian traffic. • 🚫 Customer window must not be on the side of a traffic lane, drive aisle, driveway, parking space, landscaping, or an unimproved surface. • Ancillary structures: ◦ The only immobile/fixed structures may be open air shelters, pavilions, or stages; playground equipment; trash/recycling containers and enclosures; dumpster enclosures; and bathroom facilities connected to public sewer and water. ◦ 🚫 No portable toilets. • Siting of food trucks/trailers; seating, play, and performance areas, bathroom and trash facilities, and other amenities must minimize potential noise, glare, and other nuisances to neighboring lots. Planning Board approval • Needs site plan review. (See § 272-804.) • Approval expires after 5 years. An applicant may ask for renewal from the Planning Board before approval expires. Permit • Food trucks at a food truck court must have a food truck operating permit from the Town of Ithaca. ✓ - Allowed use in the zone; conditions may apply. • - Not allowed in the zone. 120 • § 272-603 • Town of Ithaca New Neighborhood Code 272-603.10 Accessory uses and single purpose structures An accessory use or single purpose structure must: • be associated with a principal use on the same lot; • be secondary to the principal use, in area and function; • meet building disposition requirements for the zone, except where this code allows; • 🚫 not subdivided or sold separately; and • 🚫 not be a principal use on a lot, except where this article allows it. Use / structure and description NT-3 NT-4 NT-4u NT-5 Conditions 🄰 Antenna: radio hobbyist Outdoor antenna, and tower or supporting structure (if any), for amateur radio or other radio hobby use. ✓ ✓ ✓ ✓ Requirements for amateur radio facilities in the Zoning Code apply (§ 270-219.3), except for height requirements. Height: ① ≤ 20’ above principal building roof peak, or ② ≤ 40’ above grade, whatever is taller. An antenna on a retracting or crank-up tower may be raised higher than 40’ during active use. 🄱 Day care: home Group family day care (18 NYCRR § 416) or family day care (18 NYCRR § 417) in a protective setting, in a dwelling unit. ✓ ✓ ✓ ✓ Ownership: The operator must live in the dwelling unit as their primary home. Use: Number of children/adults under care at the same time: ◦ Family day care: ≤ 3-6 (+ 2 school-age children). ◦ Group family day care: ≤ 7-12 (+ 2 school-age children). 🄲 Donation collection box Outdoor container for collecting donations of clothes and nonperishable items. • • • • 🚫 Must not be in a transect zone or TND site. 🄲 Drive-through facility Facility for providing products or services to customers in queued or waiting vehicles. • • • ✓ Planning Board approval: Needs site plan review. (See § 272-804.) Use: • 🚫 Must not be the main way to serve customers. • 🚫 Speakers must not be audible past the lot line. Stacking lane and window: • May only be in a rear yard, or as inconspicuous from the public realm as possible. 🚫 Must not be in a front or corner side yard.) • Must have an escape lane to allow a vehicle to leave the drive-through line at any point. • 🚫 Must not allow stacked vehicles to block on- site or off-site vehicle or pedestrian traffic, or parking or loading spaces. • Must be ≥ 60’ from the edge of a NT-3 , NT-4 , or NT-4u zone. • Access may only be from inside the parking lot. 🚫 It must not use a separate curb cut for access. • Lot landscaping and screening requirements in Article 5 apply. (See § 272-504.2.) • Must have striping, curbing, or another way to mark the lane. Town of Ithaca New Neighborhood Code • § 272-603 • 121 Use / structure and description NT-3 NT-4 NT-4u NT-5 Conditions 🄲 Farmers market (recurrent or one time) Recurring or one-time retail marketplace, where the principal merchants are farmers selling their products directly to consumers. It does not include grocery or convenience stores, or resellers. • • ✓ ✓ Location: May only be in a park, parking lot, or courtyard or plaza area. Siting: May only be outdoors, or under an unenclosed structure. Use: As a principal or permanent use: see the table for civic uses (§ 272-603.7). 🄲 Farm stand Sale of produce or value added farm or food products (NY AGM § 282.2), in a farm setting. ✓ ✓ ✓ ✓ Siting: May only be outdoors, or under a temporary unenclosed structure. Area: ≤ 100 ft². 🄲 Home occupation Business activity subordinate to a residential use in a dwelling unit. ✓ ✓ ✓ ✓ Use: Requirements for a home occupation in the Zoning Code (§ 270-219.2) apply in a transect zone. 🄲 Housing: accessory unit Secondary dwelling unit subordinate to a principal dwelling unit. ✓ ✓ • • Requirements for accessory units in the Zoning Code (§ 270-219.2 B) apply to an accessory unit in a transect zone. These requirements also apply. Area: GLA ≤ 70% of the principal unit, or ≤ 800'², whatever is less. Building type: Accessory to a detached house (§ 272-403.3) only. 🚫 Other building / lot types must not have accessory units. Construction: 🚫 No VIN, vehicle title, wheels, integral trailer chassis, or parts for towing or roadgoing. (Examples: trailer, recreational vehicle, tiny house on wheels.) Location: May only be ① in the same building as the principal unit, or ② an accessory building on the same lot. Number: Only 1, on a detached house lot. Occupancy: The property owner must live in the principal or accessory unit as their primary home. Utilities: Must have the same utilities as the principal dwelling. (See § 272-309.1 for required utilities.) Utility lines to an accessory unit in an accessory building must be underground. 🄹 Solar energy system ✓ ✓ ✓ ✓ Zoning Code regulations for solar energy systems as an accessory use apply in a transect zone. (See Zoning Code § 270-219.1: solar energy systems.) These rules also apply. Height (ground mounted): ≤ 12’ at maximum tilt. Location (ground mounted): Accessory building siting requirements for the building type apply. Use: 🚫 A solar farm (solar energy system as a principal use) must not be in a transect zone or TND site. NT-4u NT-5 : 🚫 No freestanding solar energy systems or panels. P - Allowed use in the zone; conditions may apply. • - Not allowed in the zone. 122 • § 272-603 • Town of Ithaca New Neighborhood Code This page is blank for two-sided printing and pagination. Article 7 (nonconformities, retrofitting, and redevelopment) starts on the next page. Town of Ithaca New Neighborhood Code • § 272-701 • 123 Article 7: Nonconformities, retrofitting, and redevelopment § 272-701 General 123 § 272-702 Nonconforming uses, structures, and site features 123 272-701 General 272-701.1 Applicability and illegality Provisions in this article apply only to uses, structures, lots, and site features that met all zoning, subdivision, and other relevant regulations in effect when they were built or established, but because of later changes to regulations or the underlying zoning, do not fully meet the New Neighborhood Code. These provisions do not protect uses, structures, lots, and site features that were not legally established. A use, building, structure, lot, or site feature that the law did not allow before the effective date of this code is still illegal. 272-701.2 Continuation A nonconforming use, structure, or site improvement may stay, subject to the rules of this section. It may have routine repairs, maintenance, grounds keeping, and updates that meet the rules of this section. 🚫 A nonconforming aspect of a use, structure, or site improvement must not increase. 🚫 Location of a nonconforming use, structure, or site improvement must not change. 272-701.3 Relationship to other regulations A nonconforming use, structure, or site improvement must meet all federal, state, and local requirements that apply. (Examples: licensing, health, safety, building and fire code requirements.) 272-701.4 Determining legal nonconformity An applicant is responsible for showing a nonconformity is legal, when applying for a permit or approval that affects it. The Director of Code Enforcement (or their designee) will decide if a legal nonconformity exists. An applicant may appeal their decision to the Zoning Board of Appeals. 272-702 Nonconforming uses, buildings, and site features 272-702.1 Nonconforming use 272-702.1 A End or change of use (1) If all or part of a nonconforming use changes to a conforming use, the part that came into conformance must not change back to the nonconforming use. (2) If active and continuous operation of all or part of a nonconforming use stops for ≥ 1 year, the discontinued part must n ot restart. (3) 🚫 A nonconforming use must not change to another nonconforming use. 124 • § 272-702 • Town of Ithaca New Neighborhood Code 272-702.1 B Nonconforming use in a damaged or destroyed structure (1) If all or part of a nonconforming use stops because the structure it is in has < 50% of its replacement cost in damage (see § 272-702.2 I), the use may restart in the same structure within 1 year of the date of damage, if: • the use has the same or smaller extent than from before the damage; and • the structure it was in is repaired. The Zoning Board of Appeals may grant one 1-year extension to restarting the use, within 1 year of the date of damage. Otherwise, the nonconforming use must not restart. (2) If a nonconforming use stops because the structure it is in is destroyed or has ≥ 50% of its replacement cost in damage (see § 272-702.2 I), the use must not restart in the repaired or replacement structure. 272-702.1 C Nonconforming spacing between uses If a use met a separation or buffer requirement when it first started, that use does not become nonconforming if another use later encroaches into the separation or buffer area. (Example: a New York State law requires an entry door to a bar to be ≥ 200’ from an entry door to a place of worship. A bar is established, with no places of worship nearby, Later, a congregation builds their sanctuary next door, and its entry is 150’ from the bar entrance. For the purposes of this code, the bar does not become nonconforming.) 272-702.2 Nonconforming structure 272-702.2 A Transitional and future building type assignment to nonconforming buildings (1) Transitional building type. The Planning Director (or their designee) will assign a transitional building type to all existing nonconforming buildings on a TND site. The transitional building type will most closely match the current form and function of the building. (Example: a freestanding fast food restaurant or chain drugstore is like a one story storefront building.) The owner of a building may appeal its building type assignment to the Zoning Board of Appeals. ▶ Requirements in this code for the assigned transitional building type apply to existing nonconforming buildings. Exceptions are in this section. (2) Future building type. A subdivision plat in a TND site must assign a future building / lot type for all lots with an exi sting nonconforming building. Future building type may be the same as or different than the transitional building type. The zone must allow the building type. Requirements in this code for the future building type apply to new buildings on a lot. 272-702.2 B Alteration (1) A nonconforming structure may have exterior changes (including additions) only if they: • reduce, remove, or do not affect the extent of nonconformity; and • meet all relevant requirements of this section and code. (2) For the purposes of this code, new screening structures, architectural elements, roof forms, or solar panels or wireless facilities on a nonconforming building do not increase the extent of nonconformity, if they meet all relevant requirements. Town of Ithaca New Neighborhood Code • § 272-702 • 125 272-702.2 C Addition: front and side Any front or corner side addition to a nonconforming structure must reach the build-to area for its building type. The addition does not need to meet minimum frontage occupancy for the building type. ▶ An interior side addition to a nonconforming structure must be in the front build-to area for its building type, unless the building meets minimum frontage occupancy requirements. ▶ These requirements do not apply if a ① liner building, or ② designated pad site for a future liner building, is between the street and proposed addition. ▶ 126 • § 272-702 • Town of Ithaca New Neighborhood Code 272-702.2 D Addition: rear A nonconforming structure may have a rear addition. A nonconforming structure on a through lot may have a rear addition only if: • a ① liner building or ② designated pad site for a future liner building is between the street and proposed addition; or ▶ • the addition will function as a second front for the building. If this is the case, the addition must extend to the build-to area for the second street frontage. ▶ 272-702.2 E Building and floor height of an addition (1) An addition to a nonconforming structure may have a floor height that matches the nonconforming floor height of the existing structure. (2) 🚫 An addition to a nonconforming structure must not add stories. 272-702.2 F Building and site design requirements for an addition (1) An addition to a nonconforming structure must meet these building and site design requirements . • Design consistency on visible elevations (§ 272-404.3 A). • Building construction (§ 272-404.3 B). • Overhanging building parts (§ 272-404.3 D). • Change of cladding materials on an outside wall (§ 272-404.3 F). • Window and door area (§ 272-404.3 H). • Blank wall area (§ 272-404.3 J). • Rooftop equipment screening (§ 272-404.3 L). • Wall mounted equipment screening (§ 272-404.3 M). • Waste collection, outdoor storage, and ground mounted equipment areas (§ 272-506). • Storefront frontage feature, if the transitional building type is a ① one story storefront building, ② mixed use storefront building, ③ large footprint building, or ④ neighborhood service station. (2) An addition may have the same ① cladding materials, ② windows and door shape and pattern, and ③ roof shape as the existing nonconforming building. 272-702.2 G New buildings on a lot with an existing nonconforming building Any new building on a lot with a nonconforming building must meet build-to area requirements for the building type, until the minimum frontage occupancy for the lot is met. ▶ 272-702.2 H Mechanical equipment New, moved, and replacement rooftop and wall-mounted mechanical equipment must have screening that meets equipment screening requirements in this code. (See § 272- 404.3 L, § 272-404.3 M.) Town of Ithaca New Neighborhood Code • § 272-702 • 127 272-702.2 I Damage, destruction, or removal (1) If a nonconforming structure has < 50% of its replacement cost in damage, its owner may repair or rebuild it to the condition it had just before the damage. Repair or rebuilding must: • reduce or remove nonconformities where possible; and • 🚫 not expand or create new nonconformities. (2) If a nonconforming structure is removed or destroyed, or has ≥ 50% of its replacement cost in damage, its owner must: • repair or rebuild it in a way that makes it meet building disposition and site improvement requirements for the assigned future building type on the lot; or • demolish and clear it from the lot (3) If a part of a nonconforming structure in the path of a planned thoroughfare right-of-way is ① destroyed, or ② has ≥ 50% of its replacement cost in damage, the building owner must demolish and clear it from the lot. (Also see § 272-306.2 F: Nonconforming buildings and block length.) (4) Replacement cost of a structure is based on: • The sale price of that structure within the last 2 years. If not available: • A fair market value appraisal within the last 2 years by a New York State certified real estate appraiser. If not available: • The most recent assessment from the Tompkins County Department of Assessment. If not available: • The amount that the structure was insured for, on the date of its damage or destruction. If this is ① not available, or ② the Director of Code Enforcement (or their designee) finds its insured value is much higher than its replacement value: • A forensic appraisal based on what is known about the structure just before its damage or destruction. If not available: • An alternative method that the Director of Code Enforcement (or their designee) accepts. 272-702.3 Nonconforming lot 272-702.3 A Subdivision and nonconforming structures (1) The first preliminary and final subdivision plat for a subdivision phase in a TND may make a new nonconforming lot without the need for a variance, only to accommodate an existing nonconforming building and its site. Later replats must not ① make new nonconforming lots, or ② increase the level of nonconformity for a lot. (2) If all principal buildings on a nonconforming lot are removed or destroyed, resubdivision to meet these requirements must happen before any redevelopment: • Building type, lot size, and lot dimensions for future building types. (See § 272-403: building/lot types and disposition.) • Thoroughfare and street pattern. (See § 272-306.2 F: nonconforming buildings and block length.) 272-702.4 Nonconforming off-street parking areas and access 272-702.4 A Upgrading nonconforming parking Nonconforming off-street parking areas on a lot must be changed or rebuilt to meet all off-street parking design, access, siting, and landscaping/screening requirements of this code, as much as possible, when one of these actions happens. These actions also need a zoning permit. 128 • § 272-702 • Town of Ithaca New Neighborhood Code • Adding new off-street parking spaces. • Reconstructing or repaving ≥ 25% of the total parking area surface over a ≤ 5 year period. (“Reconstructing” is removing old paving material, and replacing it with new or recycled paving material. “Repaving” is placing a new layer of paving material over an existing surface.) • Increasing the principal building footprint or GFA on the lot by ≥ 25% over a ≤ 5 year period. • Remodeling of principal buildings where the cost over a ≤ 5 year period (as shown on building permit applications, adjusted for inflation) is ≥ 25% of the current assessed value of the structures. • Removing or replacing principal buildings. Nonconforming parking in the front or corner side yard between a principal building and thoroughfare may stay, only if: • it is ≥ 20’ from right-of-way line into the lot; and ▶ • the area between parking and the street has improvements to make it a site for future liner buildings. (Example: removed parking, graded “shovel ready” pad site, utility provisions.) ▶ A nonconforming access drive in the front or corner side yard between a principal building and a thoroughfare may stay, only if it is ① critical for site circulation, or ② required as a fire lane. The area between an access drive and thoroughfare must have improvements to make it a site for future liner buildings, where possible. A nonconforming parking area or access drive in the front or corner side yard that stays must have screening that conceals it from neighboring lots and the public realm as much as possible. 272-702.4 B Removing nonconforming parking The owner of a lot must remove all its nonconforming off-street parking within 2 years of one of these actions. • All principal buildings on a lot are removed or destroyed, and no pending or approved site plan proposes reusing part of the old parking area. • Site plan or subdivision approval creates a lot or assigns the area for a building type or park. 272-702.4 C Thoroughfare improvements and removing nonconforming access Access to an existing parking or service area from a new, repaved, or upgraded thoroughfare must meet relevant access requirements in this code. (See § 272-503.2.) Thoroughfare construction, repaving, or upgrading projects must ① reduce oversized or continuous curb cuts to conform to this code, and ② remove any redundant curb cuts or access points. 272-702.5 Other nonconforming site features 272-702.5 A Damaged or destroyed site feature If nonconforming fencing, a dumpster enclosure, outdoor storage screening, or a light pole is damaged or destroyed beyond reasonable repair or ≥ 30% of its replacement cost, the responsible person or entity must: • remove the site feature; or • replace it with a site feature that meets relevant requirements for the feature in this code. (See § 272-505, § 272-506, § 272-508.) Town of Ithaca New Neighborhood Code • § 272-702 • 129 272-702.5 B Extent of a nonconforming service area If the extent of a nonconforming service area grows (examples: added dumpster, storage area, or ground-mounted mechanical equipment), the entire service area must meet all relevant requirements for the feature in this code. (See § 272-506.) 272-702.5 C Upgrading nonconforming landscaping, screening, and service areas (1) If any of the actions that trigger the need for upgraded nonconforming parking happen (§ 272-702.4 A), the lot must be brought into compliance with all landscaping, fencing, service area (waste collection, outdoor storage, and ground-mounted mechanical equipment areas), and outdoor lighting requirements of this code. (See § 272-504, § 272-505, § 272-506, § 272- 508.) (2) If part of a parking area is reconstructed, repaved, or removed, that part of the parking area must be brought into compliance with all landscaping, waste collection area, outdoor storage area, and outdoor lighting requirements of this code. (See § 272-504, § 272-506, § 272-508.) 272-702.5 D Nonconforming signs Provisions for nonconforming signs in the Zoning Code also apply to nonconforming signs in a TND site. (See § 270-259, signs - sign maintenance and removal, nonconforming signs.) The owner of a nonconforming freestanding sign must ① remove it, or ② change it to or replace it with a conforming sign, within 3 years of the underlying regulating plan’s effective date, unless the Zoning Board of Appeals grants a variance for a longer time. 130 • § 272-702 • Town of Ithaca New Neighborhood Code This page is blank for two-sided printing and pagination. Article 8 (planning actions and approvals) starts on the next page. Town of Ithaca New Neighborhood Code • § 272-801 • 131 Article 8: Planning actions and approvals § 272-801 Overview 131 § 272-802 TND regulating plan 131 § 272-803 Subdivision 135 § 272-804 Site plan review 138 § 272-805 Administrative adjustment 140 § 272-806 Other planning actions 141 272-801 Overview This article sets out review and decision processes for certain planning actions related to traditional neighborhood development (TND). This includes: • Regulating plans, which serve as zoning, street, and master plans for new neighborhoods (§ 272-802). • Added requirements for subdivision review (§ 272-803). • Projects and actions that need site plan review (§ 272-804). • Administrative adjustment, which allows the Planning Director (or their designee) to review and approve a small adjustment to some dimensional requirements, if meeting them causes practical difficulty (§ 272-805). For planning actions that this article does not mention, processes and requirements in the Zoning Code and Town Code apply. 272-802 Regulating plan 272-802.1 Overview A regulating plan is a master development and zoning plan for a TND project. The subdivision process may happen after the Town Board approves a regulating plan. (The subdivision process is in § 272- 803.) 272-802.2 Regulating plan items (1) A regulating plan must have these items. • Bounding area, and current lot lines. • Neighborhood unit boundaries. (See § 272-303.) • Transect zone location, boundaries, and area. (See § 272-203 - § 272-206, § 272-305.) • Thoroughfare location and type. (See § 272-306, § 272-307.) • Park sites, types, and area. (See § 272-308.) • Civic building sites (if any). (See § 272-403.18) • Required storefront frontage areas (if any). (See § 272-404.2 D.) • Plan for stormwater management, if it is on a neighborhood scale. (See § 272-310.) • Estimated housing density. (2) A regulating plan may have other elements to: • apply best planning practices; • create a specific built outcome or character; • use natural or built site features to their best advantage; or • better meet the intentions of the Comprehensive Plan. 132 • § 272-802 • Town of Ithaca New Neighborhood Code These are some examples. • Terminating vista or view corridor locations. • Street frontages where buildings must have a specific frontage feature. (See § 272-404.2 for frontage features.) • A pattern book; or added architecture, landscaping, or site planning standards. • Historic buildings or structures, and laws that apply to them. • Emergency response routes. (3) A regulating plan may have a development agreement that sets: • terms for how development and infrastructure improvements will go ahead; and • rights and responsibilities of the applicant, Town, and other involved parties. (4) A regulating plan may show building or lot locations, but they are nonbinding. Subdivision lot sites, building/lot type and disposition requirements, and later approved site plans (if applicable), control building location. (5) The development concept in a regulating plan should follow the outcome of the charrette or sketch plan review, where possible. However, it must: • meet relevant requirements in this code; and • be workable, given the size, shape, location, topography, and natural features of the site. 272-802.3 Process 272-802.3 A Requesting a regulating plan A regulating plan may apply to an area where the Town envisions walkable mixed use development. These parties may ask for a regulating plan. • Property owner, group of owners, controlling interest, or an agent: full TND (§ 272-304.2) or partial TND (§ 272-304.1). • Owners of ≥ 50% of the subject land area: full TND only. • Town Board, or Town staff on their behalf, in an official capacity: full or partial TND. Before formal review Pre-application review (§272-802.3 B 1) Early concept review (§272-802.3 B 2) Design charrette (§272-802.3 B 3) (required for full TND, may be required for partial TND) Late concept review (§272-802.3 B 4 ) Regulating plan review Application (§272-802.3 C 1) Town staff review (§272-802.3 C 2) Planning Board review (public hearing) (§272-802.3 C 3) Town Board review (public hearing) (§272-802.3 C 4) Town Board approval (§272-802.3 C 5): • makes the regulating plan a binding master plan • rezones the site • adds its thoroughfares to the official Town map Subdivision (§272-803) Town of Ithaca New Neighborhood Code • § 272-802 • 133 272-802.3 B Before formal review (1) Pre-application review Pre-application review is an informal meeting between Town representatives, and the applicant for a regulating plan, at the concept stage of a TND proposal. The meeting lets the applicant and the Town consider and discuss these topics. • The basic concept, scope, and intent of a project. • Relevant requirements. • The submittal and review process. • Potential issues or problems, preferences for development, and alternatives. (2) Early concept review Concept plan review is a public meeting (not a public hearing) between a review body (Town Board, or a committee they choose), Town staff, and the applicant for a regulating plan, at the early formative stage of a possible TND proposal. The meeting lets Town staff and Town Board members consider and discuss ① concept plans; and ② possible issues, outcomes, and alternatives. (3) Design charrette A design charrette is a multi-day open planning process. During a charrette, stakeholders take part in a series of collaborative design exercises. A design team drafts a plan based on the outcome of those exercises, stakeholder comments, and the neighborhood and site design requirements of this code. A partial TND needs a design charrette if the Town Board, review committee, or Town staff finds the complexity or scope of the proposal, or the difficulty of integrating it into a future full TND, justifies or would benefit from a collaborative design process. A full TND needs a design charrette. Planning staff must approve the charrette structure. This includes format, agenda, schedule, location, stakeholders, public outreach, and how to make Planning staff aware of its progress and outcome. The charrette structure should follow model strategies from the National Charrette Institute (NCI). The resulting plan must be workable, and meet all relevant requirements of this code. However, it is advisory, and not binding. (4) Late concept review Late concept plan review is a public meeting (not a public hearing) between a review body (Town Board, or a committee they choose), Town staff, and an applicant for a regulating plan, at the late formative stage of a possible TND proposal. The meeting lets the applicant and the Town: • discuss the outcome of the charrette (if any); • review, discuss, and suggest changes to the charrette results or late concept plan, so the proposed regulating plan meets this code, the intentions of the Comprehensive Plan, and good planning practice; and • discuss the formal review process. Discussions and outcomes of late concept review are advisory and nonbinding. 272-802.3 C Regulating plan review The regulating plan review process generally follows: • the rezoning process in the Zoning Code (§ 270-179 - § 270-181: creation of new zones); • requirements of New York State Town Law (Town Law § 264 - § 270-265) and General Municipal Law for rezoning; and • the New York State Environmental Quality Review Act (SEQRA). Public notification follows requirements of New York State Town Law and General Municipal Law. 134 • § 272-802 • Town of Ithaca New Neighborhood Code (1) Application and submittal The Planning Department receives applications for a regulating plan. The review and decision period starts when Planning staff finds the application is complete. An application is complete when the applicant: • completes all necessary forms, including any SEQRA-related forms; • submits all required plans and support materials; and • pays all fees and public notice costs. Application requirements are in a separate guide. (2) Staff review Planning staff may refer the proposed regulating plan to other affected or interested departments for review. The departments must return comments or recommendations to Planning staff within 14 days of referral. (3) Planning Board review Planning staff will send the application and a staff report to the Planning Board. The Planning Board will hold a public hearing on the proposed regulating plan. The Planning Board will recommend ① approval, ② approval with modifications or conditions, or ③ disapproval of the regulating plan proposal. The recommendation is advisory and nonbinding. The Planning Board will send the application and their recommendation to the Town Board (4) Town Board review The Town Board will hold a public hearing on the proposed regulating plan after review by the Planning Board. The Town Board will ① approve, ② approve with modifications or conditions, or ③ disapprove the regulating plan proposal. (5) Zoning and official map amendment Town Board approval: • makes the regulating plan a binding master plan; • rezones the site to reflect transect zones on the regulating plan; and • adds thoroughfares on the regulating plan to the official Town map. (See official map regulations in NYS Town Law § 270 and § 273.) 272-802.4 Changes and additions 272-802.4 A Changes The Planning Director (or their designee) may review and decide about these minor changes to a regulating plan, if those changes meet criteria for an administrative adjustment (see § 272-805.2). • Shift a planned thoroughfare ≤ 50’ from its original centerline. • Shift a planned park, or civic area location or edge, ≤ 50’ from its original location. • Add or change a traffic calming feature. • Add or change bike lane location. • Change a thoroughfare type. Zone boundary criteria in Article 9 determine zoning district boundaries. (See § 272-903.7 for criteria.) Otherwise, changes to a regulating plan need approval from the Town Board. Town of Ithaca New Neighborhood Code • § 272-803 • 135 272-802.4 B Additions A request to increase an existing regulating plan’s area must follow the same process for a new regulating plan. 272-803 Subdivision 272-803.1 Applicability The subdivision process in this section applies to all subdivision and lot line adjustment activity in a TND site. 272-803.2 Process The preliminary and final subdivision review and approval process generally follows: • the process in Town subdivision regulations (Town Code § 234: subdivision regulations); and • subdivision provisions in New York State Town Law (Town Law § 276 - § 279). For a TND site, some aspects of the review and approval process are different than for a conventional subdivision. Provisions in the following subsections (§ 272-803.3 - § 272-803.5), set out and explain these additional and special requirements. 272-803.3 Additional and special requirements 272-803.3 A Consistency with the regulating plan A subdivision must conform to the underlying regulating plan. 272-803.3 B Building and lot type assignment A subdivision must assign a building or lot type to each lot. The size and shape of a lot must meet requirements for its assigned building type. (Building/lot type requirements are in § 272-403.) Building type assignment for a lot no longer applies: • ≥ 20 years after subdivision approval; or • after building out ≥ 90% of the building lot area (not including non-building lots) in the subdivision. 272-803.3 C Phasing plan Development of a TND site may be incremental, in phases over time, instead of all at once. A phasing plan: • shows what parts of a TND site or subdivision are in distinct phases; and • guides final plat submittal, and building improvements and amenities, for each part of a larger project. If there will be a single preliminary plat for a subdivision, but final plat approvals and subdivision development will happen in multiple phases, the subdivision must have a phasing plan. A phasing plan must promote a logical development pattern. This includes: • improvements, utilities, stormwater management, public facilities, and amenities in each phase; and • the relationship of phases to each other. Each phase must be able to stand on its own, with all improvements and amenities needed to serve development in that phase. The level of improvements and amenities in each phase, and any earlier phases, must be enough to serve all development in the phase(s). 136 • § 272-803 • Town of Ithaca New Neighborhood Code 272-803.4 Other actions before final approval The following actions must happen after the Planning Board approves a final plat in a TND site (phase or full site), but before the Planning Board chair signs it, or the Tompkins County Clerk records it. 272-803.4 A Full improvements or performance guarantee (for new thoroughfares, infrastructure, and related improvements). (1) Before Planning Board chair signature on or recording of a final plat, an applicant must: • have thoroughfares, infrastructure, and related improvements complete, to the satisfaction of the Town Engineer; or • have a performance guarantee with financial security, per subdivision provisions in New York State Town Law. (See Town Law § 277.2 C and § 277.9.) 🚫 A guarantee with no financial backing must not take the place of financial security. (Example: a hold on building permit or certificate of occupancy approval.) (2) Financial security must have a term of ≤ 3 years. The Planning Board may extend the security term, per New York State Town Law. (See Town Law § 277 9 d.) Financial security must cover 125% of the full cost of required thoroughfares, infrastructure, and related improvements. Financial security may also include contingency for inflation, fluctuating material or labor costs, or other unexpected expenses. (3) Financial security is effective until Town Staff finds that ① required thoroughfares, infrastructure, and related improvements are complete, and ② meet performance guarantee terms and any other approval conditions. (4) If required thoroughfares, infrastructure, and related improvements are not complete when the security agreement term ends, the Town Board will declare the security is in default. The Town will use remaining security funds to pay the cost of completing thoroughfares, infrastructure, and related improvements. (5) Required thoroughfares, infrastructure, and related improvements are complete when: • the Town Engineer certifies full installation; • the applicant submits final as-built plans; and • the applicant provides a 2 year warranty to guarantee against defects and faults in materials, workmanship, and design. The warranty may be a maintenance bond or another type of financial security. If the applicant plans to dedicate infrastructure and related improvements to the Town, the Town Board may adopt a resolution to accept them after they are complete. 272-803.4 B Joint maintenance and access agreement (if the TND site will have private thoroughfares, infrastructure, or related improvements) (1) If a TND site will have private thoroughfares, infrastructure, or related improvements, there must be a joint maintenance and access agreement between the applicant and the Town, before any final plat approval, filing or recording. A joint maintenance and access agreement runs with the land and binds benefited lots. It is also part of the deed for every lot that a private thoroughfare serves. The agreement must cover these subjects, where relevant. • Cost to build and maintain private thoroughfares, infrastructure, and related improvements. • Dedicating private thoroughfares, infrastructure, and related improvements to the Town, at a threshold of added lots or uses. • Access easements. • Right of access by all lots that a private thoroughfare serves. • Public access for pedestrians and cyclists, through and detour traffic, visitors, delivery and service vehicles, government functions, public transit, and public safety and emergency vehicles. • Ensuring the thoroughfare acts as part of the public realm. • Disclosure to potential property owners that their lot has access from a private thoroughfare, • Homeowners’ association covenants and restrictions, that covers maintenance of private streets, alleys, and other community improvements. Town of Ithaca New Neighborhood Code • § 272-803 • 137 • Liability for defects or claims related to private thoroughfares, infrastructure, and related improvements, including a waiver or indemnification and hold harmless agreement to benefit the Town. • Right for the Town to enter and perform needed repairs, if the person or entity responsible for maintenance does not act on a violation notice. There must also be a maintenance agreement that ensures proper maintenance of improvements. “Proper maintenance” means: • Roadway and sidewalk surface rating of 7-10 (good to excellent), under the criteria of the PASER manual for the surface material. (See https://epd.wisc.edu/tic/resources/publications-available-for-download/ .) • Snow removal from roadways, with specific criteria in the agreement. • Healthy, safe street trees, with specific criteria in the agreement. • Healthy groomed landscaping of entry features, medians, loop lane parks, and similar features, with specific criteria in the agreement. Perpetual maintenance of the stormwater management system following the SWPPP, and stormwater maintenance requirements of the Town Code. (See Town Code § 228-11: maintenance, inspection, and repair of stormwater management practices.) (2) If a private thoroughfare, or related infrastructure or improvement does not have proper maintenance, the Town will give a violation notice to the person or entity that is responsible for maintenance. The notice will describe: • the violation and location; • repairs needed and timeframe to make them; and • what actions the Town will take (fine, penalties, repair) if repairs are not made to the Town’s satisfaction. If repairs do not happen by the end of the repair timeframe, the Town may make the repairs itself, and follow up by: • filing a claim against the maintenance bond or other type of financial security, if it is still in effect; or • charging the costs, expenses, and interest back to the owners of benefitted lots. The Town may use one of these options to ① charge costs back to, and ② recover interest at the rate of 9% per year from, the owners of benefitted lots, including property that is tax exempt. • If the Town makes repairs and sends a billing notice for reimbursement, and owners of benefitted lots dispute either the need for or the costs of the repairs, the owners (or a representative) must deliver a notice of contest to the Town Clerk within 10 days of receiving billing notice. The notice of contest must state why the need for repairs, or its cost, is in dispute, o If the notice of contest is delivered on time, the Town will arrange for a hearing with the Town Board within 45 days of receipt. Failure to serve a notice of contest waives any claim or defense that the cost is not justified. o The Town will send the owners notice of the hearing date at least 15 days before the hearing. o The Town Board will issue a resolution with their decision about the dispute, based on any relevant materials presented by the Town Engineer and the owner, within 10 days after the hearing. o The Town Board resolution will be filed with the Town Clerk. The Town will arrange to send a copy of the resolution to the owners within 5 days of filing. • Billing and collections. The responsible people or entities, or owners of benefitted lots, must pay within ① 10 days of receiving billing notice, or ② 30 days of the final Town Board or court decision (if the responsible people, parties, or owners pursue that option). If a property owner does not pay, the unpaid amount will be a lien on their benefitted properties. The Town may also pursue legal action to collect costs, interest, and recoverable attorneys’ fees; or to foreclose on the lien. • As an alternative, the Town may file a certificate with the Tompkins County Department of Assessment, that states the costs and interest accruing, with a statement identifying the property and landowner. The Tompkins County Department of Assessment will assess the unpaid costs and interest on such property for the next assessment roll, The amount will: o be included as a special ad valorem levy (administered as a move tax) against the property; o be a lien; and 138 • § 272-804 • Town of Ithaca New Neighborhood Code o be collected and enforced in the same way, by the same proceedings, at the same time, and under the same penalties as provided by law for collecting and enforcing real property taxes in the Town of Ithaca. The Town may also use other remedies that the law allows. 272-803.5 Expiration and revocation 272-803.5 A Preliminary plat: subdivision without phases An applicant has 6 months from the preliminary plat approval date to apply for final plat approval. An applicant may ask the Planning Board for one 1-year extension. Otherwise, preliminary plat approval expires. Preliminary plat: subdivision with phases An applicant has 6 months from the preliminary plat approval date to apply for final plat approval for the first phase. An applicant may ask the Planning Board for one 1-year extension for the first phase. Otherwise, preliminary plat approval for all phases expires. An applicant has 3 years from the final plat approval date for the previous phase to apply for a final plat for the next phas e. An applicant may ask the Planning Board for one 2-year extension for the next phase. Otherwise, preliminary plat approval for remaining phases expires. As an option, a phasing plan may regulate the timeline, sequence, and expiration of phasing. (Phasing plan requirements are in § 272-803.3 C.) 272-803.5 B Final plat An applicant has 62 days from the final approval date to file a final plat with the County Clerk. (See NYS Town Law § 276 4 f, § 276 11) Otherwise, final plat approval expires. Expiration and extension of conditional approval of a final plat is also governed by NYS Town Law § 276 7 c. 272-804 Site plan review 272-804.1 Applicability Some types of site specific projects in a TND site need site plan review and approval by the Planning Board. The types and thresholds of projects that need site plan review are different from the Zoning Code, but the review process is the same. (See Zoning Code § 270-182 to § 270-194.) 272-804.1 A New construction These types of projects need site plan review and approval before the Town approves a building permit. • New ① small apartment building, ② apartment building, ③ courtyard apartment building, ④ one story storefront building, ⑤ mixed use storefront building, or ⑥ commercial building, with ≥ 4,000 ft² GFA. This includes GFA from multiple buildings or accessory buildings on the same lot. • New ① large footprint building, ② neighborhood service station, or ③ civic building. • New cottage court, but not individual buildings in a cottage court. • New building for a vehicle fueling or vehicle repair use. (See § 272-603.5). • New mobile food vendor court. • New parking lot or garage with ≥ 6 parking spaces. • New drive-through facility. • Wireless facility, where the Zoning Code requires site plan review. (See Zoning Code § 270-219: telecommunications facilities.) Town of Ithaca New Neighborhood Code • § 272-804 • 139 272-804.1 B Changes or additions These types of changes or additions to a building or site needs site plan review and approval. • Addition to a building, at once or from a series of additions, that makes the building GFA reach the threshold for site plan review. (See the previous provision for new construction.) (Example: a building with 2,000 ft² GFA has two 800 ft² additions, making it 3,600 ft². A third addition of 800 ft² needs site plan approval, because the result is a building with 4,400 ft² GFA.) ▶ • Adding ≥ 2,000 ft² GFA to a building or site with 4,000 ft² to 19,999 ft² GFA, at once or from a series of additions since the last time it had site plan review. (Example: a building with 4,000 ft² GFA has two 800 ft² additions. A third addition of 800 ft² GFA needs site plan approval, because the additions total 2,400 ft² GFA.) ▶ • Adding ≥ 10% GFA to a building or site with ≥ 20,000 ft² GFA, at once or from a series of additions since the last time it site plan review. (Example: a building with 30,000 ft² GFA has two 2,000 ft² additions. The first addition did not need site plan review, because it increased the original GFA by 6.7%. The second addition needs site plan review, because all the additions increase the original GFA by 13.3%.) ▶ • Adding a site for ≥ 1 dwelling unit at a cottage court. • Adding a site for ≥ 1 mobile food vendor at a mobile food vendor court. • Adding ≥ 4 parking spaces to a parking lot or garage with ≥ 2 parking spaces. • Modifying or adding to an existing building for a new vehicle fueling or vehicle repair use. (See 272-603.5). 272-804.1 C Formal site plan review for by-right projects The Planning Director (or their designee) may refer a by-right development proposal (project that only needs a building permit) to the Planning Board for site plan review if: 140 • § 272-805 • Town of Ithaca New Neighborhood Code • it does not meet recommended guidelines (“should” provisions); and • its siting, design, form, or mass: o detracts from a visually harmonious community fabric; o results in a monotonous streetscape; or o does not honor architectural design principles of balance, connection, contrast, emphasis, form, grouping, pattern, placement, proportion, rhythm, scale, unity, or variety. or: • incremental building of earlier similar projects reaches a point where the outcome will: o detract from a visually harmonious community fabric; or o result in a monotonous streetscape. 272-804.2 Process The site plan review process generally follows the process in the Zoning Code (§ 270-182 - § 270-194: site plan review) and New York State Town Law (Town Law § 274-A). 272-804.2 A Sketch plan review The Planning Director (or their designee) may require sketch plan review for a site plan, if they find: • the complexity or potential impact of the proposal calls for more review and consideration; and • it will result in more informed decision making by the Planning Board. Otherwise, sketch plan review is optional. 272-804.2 B Minor site plan review The Planning Director (or their designee) may find the simplicity or low potential impact of a proposal justifies a 1-step (joint preliminary and final) site plan review process, instead of a 2-step (separate preliminary and final site plan) review processes. 272-805 Administrative adjustment 272-805.1 Overview and applicability An administrative adjustment gives relief from a requirement that causes a minor practical difficulty. It is not a waiver or variance. Administrative adjustment may vary these requirements. • Building setbacks or build-to area: raise or lower minimum or maximum setbacks ≤ 10%. • Lot width: raise or lower minimum or maximum lot width ≤ 5%. • Frontage occupancy: raise or lower minimum frontage occupancy ≤ 5 percentage points. • Secondary cladding material (§ 272-404.3 E): allow on ≤ 50% of the cladding area on a wall. • Window and door area (§ 272-404.3 H): lower minimum window and door area on a wall ≤ 2 percentage points. • Blank walls (§ 272-404.3 J): increase maximum blank wall length ≤ 5’. • Dimensional requirements of frontage features (§ 272-404.2): raise or lower ≤ 5%. • Dimensional requirements for parking spaces or aisles (§ 272-503): raise or lower ≤ 5%. 272-805.2 Review and approval criteria The Planning Director (or their designee) must find the adjustment meets these criteria, where relevant, as the basis for a decision. Town of Ithaca New Neighborhood Code • § 272-806 • 141 • It responds to a minor practical difficulty from unique conditions of the property. • It is the minimum needed to relieve the minor practical difficulty. • It is a suitable or better solution for the site or need, and results in similar or higher quality development than what would happen by meeting this code. • 🚫 It does not affect neighboring lots more than what would happen by meeting this code. • 🚫 It does not harm the public realm and pedestrian experience. • 🚫 It does not harm public health, safety, or welfare. • 🚫 It does not violate other relevant laws. 272-805.3 Process 272-805.3 A Application/submittal A property owner, controlling interest, or an agent may ask for an administrative adjustment. The review and decision period starts when Town staff finds the application is complete. 272-805.3 B Staff review and decision The Planning Director (or their designee) is the decision making body for an administrative adjustment. They may refer an administrative adjustment request to other affected or interested departments for review. The departments must return comments or recommendations to referring staff within 14 days of referral. The Planning Director (or their designee) may ① approve, ② approve with conditions or changes, or ③ deny an administrative adjustment, within 28 days of starting review. An applicant may appeal the decision to the Zoning Board of Appeals. 272-805.4 Expiration and revocation An applicant has 1 year from the administrative adjustment approval date to get a building permit. If the applicant ① does not get a building permit, or ② the building permit expires, the administrative adjustment expires. 272-806 Other planning actions These Zoning Code provisions for administration and enforcement apply to actions that this code does not address : • Enforcement (§ 270-231) • Applications for approvals, remedies, and relief (§ 270-231) • Building permits (§ 270-233) • Certificates of occupancy and compliance (§ 270-233) • Building permits (§ 270-234) • Zoning Board of Appeals (variances, appeals to decisions) (§ 270-235) • Planning Board (§ 270-236) • Posting of notices (§ 270-237) • Entry and inspection (§ 270-238) • Violations and penalties (§ 270-239) • Amendments (§ 270-240) • Validity (§ 270-241; also see § 272-105 Severability) • Fees (§ 270-243) • Transition (§ 270-235) 142 • § 272-806 • Town of Ithaca New Neighborhood Code This page is blank for two-sided printing and pagination. Article 9 (interpreting this code) starts on the next page. Town of Ithaca New Neighborhood Code • § 272-901 • 143 Article 9: Interpreting this code § 272-801 Overview 143 § 272-802 Interpreting regulations 143 § 272-803 Interpreting measurement 144 § 272-804 Glossary 150 272-901 Overview This article explains how to interpret this code. It also defines specific words. This makes it easier to understand the rules and regulations of this code, and apply them consistently and fairly. 272-902 Interpreting regulations 272-902.1 Conflict If a provision in this code is more restrictive than what another law, regulation, license, or permit also imposes, this code applies. If a provision in this code conflicts with another provision in the Town Code, this code applies. If a provision with a more specific scope conflicts with a provision that has a broader scope, the more specific provision applies. If a provision in this code conflicts with policy or custom, this code applies. If the meaning of text in this code conflicts with a photo or graphic, text applies. Regardless of what this code allows, the Uniform Code and Energy Conservation Construction Code always apply. The New York State DCEA Regional Board of Review may consider a variance to these codes (19 NYCRR § 1205). 272-902.2 References to other laws or publications A reference to another law or publication is to its most recent version or successor. 272-902.3 Language 272-902.3 A Mandatory and discretionary terms May expresses permission. May with a limit, range, or other attribute, expresses conditional permission. Must expresses requirement or duty. Will expresses future action or contingency. Should expresses recommendation. Must not and will not express prohibition. 272-902.3 B Conjunctions And expresses all connected words or provisions apply. Or expresses connected words or provisions apply singly or in any combination. 144 • § 272-903 • Town of Ithaca New Neighborhood Code 272-902.3 C Tense and number Present tense includes past and future tenses. The future tense includes the present tense. Singular number includes the plural, and vice versa. 272-902.4 Examples Such as, like, or example in a list express examples, not all possibilities. 272-902.5 Photos and graphics Photos and graphics help explain some of the regulations or concepts in this code. Graphics may not always be to scale, or depict a scene where everything meets this code. 272-902.6 Resources, guides, and industry standards Resources, guides, and industry standards that reflect good current practice in urban planning and allied fields may guide interpretation. These materials do not change provisions in this code. 272-903 Interpreting measurement 272-903.1 Area Area is measured on a horizontal plane. It does not follow slope. Gross area of a TND site or neighborhood unit also includes these areas. • Existing and planned rights-of-way and thoroughfares through the site. • Land needed or reserved for public use. • 50% of the area of bounding thoroughfare rights-of-way. Net area is the area of a lot or development site, not including these areas. • Existing or planned rights-of-way and thoroughfares through or bounding the site. • Land needed or reserved for public use, or access to other lots without direct frontage on a public right-of-way. If private street width is uncertain, the area left out is based on the closest equivalent in thoroughfare and street type requirements. (See § 272-307.) • For a flag lot, the “pole” or access strip area, outside the “flag” part. Lot area or site area is the net area of the lot or lots (tax parcel(s) or site envelope(s)) that make up a site. Parking area is the net onsite surface area used or improved for vehicle parking, loading, access, maneuvering, queueing, and storage. This includes driveways, drive aisles, drive-through lanes, and parking and loading spaces. Gross floor area (GFA) and gross living area (GLA) mean the same as current Uniform Code definitions. 272-903.2 Distance Distance measurement is on a horizontal plane. It does not follow slope. Town of Ithaca New Neighborhood Code • § 272-903 • 145 272-903.3 Height 272-903.3 A Building height in units of length Building height in feet (or other units) is from the average level of where the highest and lowest points of a foundation or outside walls touch natural grade level, to: • Flat roof: top of the highest horizontal plane of the roof, coping, or parapet, whatever is higher. ▶ • Mansard roof: deck line. ▶ • Sloped (gable, hip, gambrel, shed, clerestory, butterfly) roof: halfway between the eave and ridge. ▶ Building height does not include allowed building height encroachments. (Building height exceptions are in § 272-403.19 D.) 272-903.3 B Building height in stories A story is a habitable level in a building, not including an attic or basement. A half story is the top habitable level in a building: • under a flat roof, where: o GFA with a ≥ 7’ ceiling height is ≤ 50% of the GFA of the story underneath; and o all enclosed floor area is ≥ 20’ behind the front facade; or ▶ • under a peaked roof, where GFA or attic with a ≥ 7’ ceiling height is ≤ 75% of the GFA area of the story underneath. ▶ A top story is a habitable building level or wing with no stories above. A ground level or 1st story is the top story if no stories are above it. Story height is the distance from the floor to ① the floor of the story above; or ② for the top floor, the top of the ceiling joists above. Fence height is the distance from original finished grade to the visual top of its parts. (Examples: picket, rail, lattice, wire, wall cap.) Height does not include support posts, arbors, or other secondary features. ▶ 146 • § 272-903 • Town of Ithaca New Neighborhood Code 272-903.3 C Pole mounted lighting height Height of pole mounted lighting is the distance from ground level to the bottom of the cutoff shade or shield. ▶ 272-903.3 D Other structure height Height of other structures is the distance from average ground level under the structure to its highest point. 272-903.4 Lot and site dimensions Lot or site width at the front of the lot is the distance between side lot lines at the front or principal street frontage, along a straight line or chord of the lot line. ▶ Minimum lot width measurement is at the minimum front setback or build-to area line (see the next subsection) for the principal building type and zone. ▶ 272-903.5 Setback and build-to area A setback is the distance at a right angle (⊥ 90°) from a lot line into the lot. Setbacks define an area in a lot where this code allows certain buildings, structures, or improvements. A setback is distinct from, but usually included in a yard area (see the next subsection). ▼ Front setback (F on the next graphic) is distance from a front lot line. ▼ Corner side setback (C) is the distance from a corner side lot line along or following a street right-of-way. ▼ Interior side setback (S) is the distance from an interior side lot line that is not next to a street right-of-way. ▼ Rear setback (R) is the distance from a rear lot line. For a pie slice-shaped lot that is not a corner lot, rear setback measurement is from the point where side lot lines meet in the back yard. ▼ Alley setback (A) is the distance from the alley lot line. ▼ Town of Ithaca New Neighborhood Code • § 272-903 • 147 148 • § 272-903 • Town of Ithaca New Neighborhood Code A build-to area is an area on a lot where all or part of a principal building’s front or corner side façade must be placed. It is measured as a minimum setback range from the street lot line. ▶ Part of a building façade may be behind a build-to area, but it must not be in front of it. If a building type has a minimum frontage occupancy requirement (see below), the part of the façade behind the build-to area does not count for calculating frontage occupancy width. ▶ Frontage occupancy is the distance or percentage of lot frontage width that a building façade or elevation takes up, in a build-to area. ▶ 272-903.6 Yards A yard is the part of a lot between a principal structure and the bounding lot line. A front yard is the part of a lot between the front lot line, and the contextual front façade of a principal structure, extended from the rearmost corners of the front façade and the side lot lines. ▶ A corner side yard is the part of a lot between a principal structure and the corner side lot line, not including front yard area. ▶ A side yard or interior side yard is the part of a lot between a principal structure and the interior side (or side alley) lot line, not including front yard or rear yard area. ▶ A rear yard is the part of a lot between a principal structure and: ▶ • the rear (or rear alley) lot line; or • for a pie slice-shaped lot, the point where the side lot lines meet behind the structure. It includes areas behind the shortest line that connects a structure rear corner and the nearest side lot line, but not the corner side yard area. 272-903.7 Zone boundaries If the zoning or regulating plan map shows a zone boundary that roughly follows a lot line or town boundary, the zone boundary is that line or boundary. If the map shows a zone boundary that divides a block lengthways, and the block does not have an alley, the boundary follows rear lot lines. If the map shows a zone boundary that roughly follows the centerline of a thoroughfare, right-of-way, other straight feature, or watercourse, the boundary is the feature centerline. If the map shows a zone boundary that is roughly parallel to a thoroughfare, right-of-way, other straight feature, or watercourse, the boundary parallels the feature. Town of Ithaca New Neighborhood Code • § 272-903 • 149 If the map shows a zone boundary that follows a shoreline, the zone boundary is the lot line along a shoreline or the high water mark, whatever is the larger area. If the map does not show zoning for thoroughfares, zoning extends from fronting lots to the thoroughfare centerline. ① Map scale, ② relation to built or natural features, or ③ relation to easements or historic boundaries, shows the exact location of a zone boundary crossing a lot or parcel. If a feature is roughly straight (examples: forest edge, windbreak, hedgerow), the boundary is straight. If the exact zone boundary location is uncertain, Planning or Building staff may decide where it is. 272-903.8 Other features Driveway approach or curb cut width does not include corner return or driveway apron flare areas. ▶ Window or door area is the building elevation area (not counting a roof or non-walkout basement) occupied by windows and entry doors (not including garage doors). ▼ Roof pitch is the ratio of vertical rise (Δ h) in inches to 12” of horizontal run (d). (Example: a roof with 6” of rise for every 12” of horizontal run has a 6:12 (26.6°) slope.) ▶ Corner radius (also called “actual radius”) is the radius of a curb or roadway at an intersection. ▼ Effective turning radius is the radius of a vehicle’s path when turning. 150 • § 272-904 • Town of Ithaca New Neighborhood Code 272-904 Glossary Words that are not in this glossary have their ordinary meaning. Technical terms not in this glossary have their most common meaning in planning or an allied field, depending on context. These are some reference guides to technical terms. • Dictionary of Architecture and Construction (McGraw-Hill) • The Language of Towns and Cities (Rizzoli) • The Lexicon of New Urbanism (DPZ) • Planners Dictionary (American Planning Association, Planning Advisory Service) • SmartCode (uncalibrated) (Center for Applied Transect Studies) • United States Census Bureau glossary (www.census.gov/glossary) Definitions for uses are in the allowed use tables in Article 6 (Uses). A Alternate side parking: requirement that dictates what side of a roadway allows on-street parking on given days. (Example: from Sunday at 4:00 PM to Wednesday at 4:00 PM, on-street parking may only be on the odd address side. From Wednesday at 4:00 PM to Sunday at 4:00 PM, on-street parking may only be on the even address side.) This ensures one side of a roadway is always clear for fire apparatus, street sweeping or plowing, or maintenance. Architectural feature: design element or detail that helps express an architectural style. Architectural wall panel: cladding in the form of a panel, usually with a rectangular shape and a flat or light texture. ▶ Articulation: varying massing, setback, or height of a building, through features like bay windows, pilasters, porches, entrances, wings, or eaves. ▶ Awning: projecting shading device mounted above a door or window on an outside wall. ▶ Town of Ithaca New Neighborhood Code • § 272-904 • 151 B Bay (context of building): ① spatial structural unit of a building elevation, or ② part of a structure that juts out from a wall. ▶ Belt course: row of molding or masonry that runs horizontally along a building face, often in line with window sills. (See graphic for cornice.) Block (context of streets or thoroughfares): land surrounded by bordering thoroughfares, not including alleys. Block face: one side of a block, along the curb. ▶ Bordering: next to or touching a subject lot, use, or something else. (Compare to neighboring.) ▶ Building, accessory: building or structure built or used for a purpose that is incidental to a principal structure or use on the same lot or parcel. An accessory building is structurally freestanding and separate from a principal building, or connected with an open breezeway. ▶ Building, principal: building or structure on a lot used for a principal use. ▶ 152 • § 272-904 • Town of Ithaca New Neighborhood Code Building, temporary: building that occupies, or is designed to occupy, a site for a limited time. ▶ Built environment: places, spaces, structures, and features that humans created and changed, which make up the setting for human activity. C Canopy (context of structure): attached or detached roof structure that extends from an enclosed part of a building. ▶ Civic: characterizing uses, structures, land, or not-for-profit organizations devoted to arts, culture, education, community recreation, government, or public transportation. Character: physical qualities and features that make up and distinguish a place or development project; and give it a sense of purpose, function, definition, and uniqueness. Cladding: surface material or treatment on a building. Clear sight triangle: triangular area between points on flow lines that follow lot lines a certain distance from an intersection or driveway/drive aisle edge, for a clear view of possible hazards. ▶ Commercial: characterizing workplace, office, retail, and lodging uses. Common area: active and passive parks, plazas, community buildings and sites, mailbox kiosks, or other meeting and gathering areas in a development. This does not include streetside planting strips, streets, utility areas, dumpster and recycling areas, or parking lots. Common destination: area of focused community activity, usually at or near the center of a neighborhood or pedestrian shed. Complete neighborhood: a neighborhood where resident needs for living, work, gathering, recreation, and health are met within a comfortable walkable distance. This includes a variety of housing options, stores and other commercial services, parks, recreational facilities, options for transportation, and civic amenities. A complete neighborhood is also built at a walkable and bikeable human scale, and meets the needs of people of all ages and abilities. Comprehensive Plan: 2014 Town of Ithaca Comprehensive Plan. Connectivity: link directness and connection density of a transportation network. Context: background, environment, or setting of a certain building, site, or area. Compatibility: state where ① different uses or conditions stably coexist relatively close to each other over time, and ② no use or condition directly or indirectly harms another use or condition. Corner board: board that covers the exposed ends of siding at a building corner. Town of Ithaca New Neighborhood Code • § 272-904 • 153 Cornice: horizontal projecting element that crowns a building wall. ▶ Curb: defined edge of vehicular pavement, made from a different material than the pavement. D Development (verb): any of these actions. • Dividing a lot into ≥ 2 lots. • Building, rebuilding, converting, making structural or aesthetic changes, moving, or enlarging a structure (not including ordinary maintenance). • Using or changing use of land or a structure. • Clearing, grading, excavating, improving, or otherwise moving land. Diameter at breast height (DBH): tree trunk diameter, measured 4.5’ from the ground. ▶ Dormer: gabled extension through a sloping roof, with a vertical window that opens into a room. ▶ Drive aisle: lane in a parking lot for vehicle passage. A lane for queuing and stacking is not a drive aisle. Driveway: short passageway for vehicle access to a parking lot, building, garage, or similar area. A driveway alone is not a parking lot. ▶ Driveway approach: part of a driveway that connects a street to a lot line. ▶ Driveway apron: part of the driveway approach between a curb or street edge and a sidewalk. ▶ 154 • § 272-904 • Town of Ithaca New Neighborhood Code Dumpster: large container that receives and transports waste. This includes front loader and rear loader containers, and rolloff debris containers. ▶ Dwelling unit: building, house, apartment, or room or group of connected rooms, occupied or set up as separate living quarters for living, sleeping, cooking, eating, bathing, and sanitation by a household. Dwelling unit, principal: ① the only dwelling unit on a site, or ② a dwelling unit that is not subordinate in role or occupancy to another dwelling unit or use on the same lot. E Easement: grant of a property right by an owner to another person or entity, or the public. Eave: lower part of a sloping roof, that overhangs a wall. ▶ Elevation (context of structure): side or face of a building, from a head-on parallel projection view. Elevation, corner side: for a building on a corner lot, the building side facing a bounding secondary street, usually at a right angle to the front elevation. Elevation, front: building side facing a street, court, or other common area, that acts as the building’s “face”. Emergency response route: defined route that can best move emergency vehicles to where they are needed. Environment: total of social and physical conditions that influences the life of the individual or community. F Façade: building surface or face, defined by ① context, ② visibility, or ③ location of its prominent entries. Fenestration: form and position of windows and other wall openings on a structure. ▶ Footprint: ground area that a structure or feature covers. Form: shape and structure of an object. Frieze: board or decorative band along a wall, eave, cornice, or underside of a roof. Frontage: part of a building, lot, or other object along a certain feature. G Gabion: fence or wall made with a rock-filled wirework container. Town of Ithaca New Neighborhood Code • § 272-904 • 155 Gable: end of a building where roof shape defines the wall area. A triangular gable shape is most common. A gambrel or double pitch roof forms a non-triangular gable. ▶ Green roof: roof covered by plants and soil, or a growing medium, over a waterproofing membrane. Groundcover: low growing plants and grasses that are native to the land, or grown for ornamental or environmental value. Invasive plants or common garden weeds are not groundcover. I Improvement: immovable built item that is part of, on, or added to real estate. Improvement (context of subdivision): thoroughfare, street, alley, sidewalk, bikeway, walkway, water or wastewater system, storm drainage network, park grounds, landscaping, or similar facilities. L Landscape: land area with its landforms, geology, aquatic features, atmosphere, and associated biodiversity, affected by ongoing natural processes and often changed by human activities. Landscaping: intentional placement of: • living plants like trees, shrubs, plants, ground cover, or turf grass (softscaping); and • any complementary materials, features, furniture, or art that improve the landscape by design (hardscaping). Liner building: building that is designed and placed to screen a nonconforming building, parking lot or garage, blank wall, or service area from a street frontage. Loading space: parking space for loading or unloading people, goods, or materials. Lot: land area that a legal plat or subdivision defines, with fixed boundaries and a single tax ID number, next to ① a public street right-of-way, or ② a private street or drive with permanent access to the public right-of-way. Lot, building: lot legally approved for development. Lot, corner: lot having street frontage around its front and side, with: ▼ • ≥ 2 intersecting streets with an interior intersection angle of ≤ 120°; or • 1 street, with an interior curve angle of ≤ 120° for the lot frontage. Lot, flag: lot with a shape like a flag, funnel, or object on a pole, where access to the main body of the lot is through a long, narrow pole-shaped extension. ▼ Lot, interior: lot other than a corner lot. ▼ Lot, platted: lot that is part of a recorded subdivision. (Also called lot of record or recorded lot.) Lot, remnant: part of a lot that remains after subdividing a lot (or lots) from it. Lot, through: interior lot that fronts on two streets at opposite ends of the lot. A lot that backs onto an alley is not a through lot. ▼ Lot line: ① boundary that legally and geometrically demarcates a lot, or ② site envelope boundary. For a lot with no direct frontage on a thoroughfare (examples: flag lot, lot that fronts a courtyard), site context and façade orientation decide front, corner side, side, and rear lot lines. ▼ Lot line, alley: lot line that borders an alley at the lot side or rear. ▼ 156 • § 272-904 • Town of Ithaca New Neighborhood Code Lot line, front: lot line that borders a public frontage or contextual lot front, or separates a lot from a thoroughfare (not including alleys). ▼ • At a corner lot, a front lot line follows the shorter of the two public frontages, or the contextual lot front. • At a through lot (double frontage lot), a front lot line is the line crossed for main access to the lot, or the contextual lot front. Lot line, corner side: on a corner lot, a lot line that borders a public frontage, or separates a lot from a thoroughfare (not including alleys); and opposite the interior side lot line. ▼ Lot line, interior side or lot line, side: lot line off the front lot line, not bordering a thoroughfare (not including alleys). ▼ Lot line, rear: lot line opposite the front lot line, not bordering a thoroughfare or alley. ▼ • For a corner lot, a rear lot line is the lot line running roughly parallel to the rear façade of a structure. • For a lot where side lot lines meet in a point at the rear, the rear lot line (for measuring setbacks) is an imaginary 5’ wide line parallel to the front lot line, that connects the side lot lines. • For a through lot, a rear lot line is the line that borders a public frontage, opposite the functional or contextual front lot line. Lux: SI unit of measure of the intensity of light on a surface (illuminance), equal to 1 lumen per square meter, or about 0.09 foot-candles. Town of Ithaca New Neighborhood Code • § 272-904 • 157 M Mass (context of building form): three dimensional bulk (height, width, and depth) of an object. Masonry: ① natural stone; bricks or blocks made from stone, clay, concrete, tile, or similar materials; and ② stone and cement-based products that look like brick or natural stone. Masonry does not include EIFS, cement stucco, tilt-up and precast concrete panels, or fiber cement siding. Mixed street: a street with little or no physical separation or distinction between different users (vehicles, pedestrians, cyclists), where pedestrians and cyclists have priority over vehicles. A street without a sidewalk is not a mixed street. Mixed use: different uses in the same building or general area, by adjacency or sharing the same space. N Natural features: trees, plants, creeks, water bodies, view corridors, and other aspects of the environment that are not manmade or artificial. Neighboring: ① next or diagonally opposite to a lot, use, or object; or ② directly or diagonally opposite to a lot, use, or object, but separated by a street, alley, right-of-way, easement, or other linear common or shared area. (Compare to bordering.) ▶ Nonconformity: legally established use, lot, or aspect of the built environment that does not meet regulations that now apply to it. A nonconformity is usually the result of a change in ① planning regulations; ② zoning, lot line or right-of-way location, or ③ natural feature location. A variance to a provision in this code does not make a nonconformity. P Parcel: a lot, or assembly of bordering lots. (This code does not use “lot” and “parcel” interchangeably.) ▶ Parking lot: area for parking vehicles, with a durable paved surface, driveways, access aisles, and individual parking spaces. A driveway alone is not a parking lot. Pattern book: guide with ① a collection of architectural or site planning elements, and ② standards for how to combine those elements into a distinct style. This may include standards and examples for these elements. • Building types, context, setting, and location. • Styles of architecture, and their important design elements. • Building and roof massing, shape, orientation, and materials. • Wall, wainscot, and eave design, divisions, and materials. • Window, door, and awning arrangement, proportions, size, trim, and materials. • Porch and entryway siting, massing, roof form, columns and railings, and materials. • Other building features (carport, chimney, gutter and downspout, lighting). • Other structures (fence, garage, sheds, mailboxes, screening). • Color palette. • Landscaping, hardscaping, street furniture, outdoor lighting, or stormwater management. • Integrating solar panels and renewable energy facilities. 158 • § 272-904 • Town of Ithaca New Neighborhood Code Pavement, solid: finished or fixed surface of asphalt, concrete, paving stones with a tight fit, or similar durable pervious or impervious materials. Solid pavement also includes porous asphalt, concrete, and similar monolithic surfaces. Stabilized or compacted soil or stone is not solid pavement. Pavement, pervious: finished durable surface that lets water pass through gaps or pores. Pervious pavement includes paving stones, concrete open cell pavers (grasscrete), and similar products. Pervious pavement also includes ribbon/double track driveways with concrete wheel strips. Porous asphalt or concrete is both solid and pervious pavement. Pervious pavement does not include plastic grid pavers, crushed stone, loose materials, groundcover, dirt, or unimproved surfaces. Pavement, textured: pavement with paving stones, or stamped and colored concrete. Pedestrian: person traveling by foot, wheelchair or mobility aid, or unpowered device with small wheels (examples: roller skates, stroller). Pedestrian shed: area centered on a common destination, with an average ¼ mile (≈ 1,300’, ≈ 400 m) radius or ≈ 2,000’ (≈ 600 m) walk; or about a 5 to 10 minute walk at a leisurely pace. Pilaster: flat pier with a slight projection on an outside wall. ▶ Planning Department: Town of Ithaca Planning Department. Porte-cochère: portico-like roof that extends from a building entry over a driveway. A carport is not a porte-cochere. ▶ Portico: entry shelter roof, usually supported by columns. ▶ Town of Ithaca New Neighborhood Code • § 272-904 • 159 Pre-engineered metal building: nonresidential building fabricated largely off-site, with metal standing seam roof panels on steel purlins spanning between rigid frames, and metal wall cladding that may be on girts (with or without another material as a veneer). A pre-engineered building usually has load bearing main frame columns and rafters, instead of a skeleton frame or bearing walls. This term also includes quonset huts. (Also known as a PEMB, pre-engineered building (PEB), pre- fabricated metal building, steel building, or metal building.) ▶ Public realm: outdoor area that is accessible to the public, and supports public life and social interaction. This includes thoroughfares, sidewalks, parks, trails, and civic spaces. R Rain garden: shallow depression with native or adapted plants or trees, that captures stormwater. Reserve strip: parcel along an edge of a subdivision, that restricts or blocks access from a bordering lot, thoroughfare, or right-of-way. Residential: premises built for long term human habitation. Retrofitting: restructuring a site that was developed or improved: • under conventional residential, commercial, industrial, or planned development zoning (§ 270, § 271, or previous or successor zoning or subdivision articles of the Town Code); or • before the Town adopted zoning or subdivision regulations, for ① TND; and ② changes or continued development that meets the requirements in this article (§ 272), based on a neighborhood unit (§ 272-303) and regulating plan (§ 272-802). Return (architecture): part of an architectural feature that continues around a corner. ▶ Right-of-way: lot, grant, or easement for a travel or transmission path, route, or corridor. Right-of-way, public: right of way for public travel. S Scale: relationship between height, width, and depth of a building. Sense of place: collective traits of a place’s built or natural environment, making it stand out to a casual observer in a positive way, compared to other landscapes or places in upstate New York. Sensitive area: ① unique natural area (UNA), ② critical natural area (CNA), ③ water bodies, ④ wetland < 0.1 acre (4,350 ft²), ⑤ slopes ≥ 25%, or ⑥ 100-year floodplain. Setting, suburban: landscape of privately kept and formally assigned spaces. (Examples: lawns, yards, ball fields, parking areas between buildings, and between buildings and thoroughfares.) Setting, urban: landscape of buildings, thoroughfares, public spaces and gathering areas, and the relationships between them. Shrub: woody plants with a bushy form. 160 • § 272-904 • Town of Ithaca New Neighborhood Code Sidelight: glass panel on one or both sides of an entry door, often integral with the door unit. ▶ Sill: framing member that forms the lower part of a window or door opening. Site: lot or group of neighboring lots that a person or entity owns or controls, for a specific use or development. Site envelope: land area on an approved site plan, that is functionally the same as a lot of record for neighborhood and site planning. Storefront frontage area: street frontage area where all buildings have ground floor storefronts that face the street. Street tree: tree in a public right-of-way or planting strip along a thoroughfare or trail. Structural soil: load-bearing mixture of crushed stone, soil, and other materials that can support pavement, soak up water, and let tree roots grow and absorb nutrients. Stub street: improved street for future access and extension of a street network to a neighboring property. Surface, impervious: mostly nonabsorbent surface that blocks water passage. Surface, pervious: area where water can soak into the ground as fast as or faster than undisturbed soils of the same depth. Swept path: envelope that a vehicle body covers in a turn or along its route. T Terminating vista: focal point at a curve, bend, or end of a street or corridor. ▶ Thoroughfare: area of land that is not part of a lot, devoted for use as a public way (whether it has public or private ownership) for travel, gathering, utility infrastructure, and related amenities. town (lowercase t): geographic area of the Town of Ithaca, New York. Lowercase-t “town” does not include the Village of Cayuga Heights. Town (uppercase T): Town of Ithaca government. Train of treatment: system of sequential stormwater management practices that move and treat stormwater from its source to its final receiving area. Transom: glass panel over a door or window, which lets more natural light into a room or hallway. ▶ Town of Ithaca New Neighborhood Code • § 272-904 • 161 Turret: small tower integrated into a larger building, usually at a corner. ▶ U Uniform Code: New York State Uniform Fire Prevention and Building Code. Use: activity that a building, lot, or space is improved, occupied, or kept for. V Vestibule: small room or passage that is part of the entryway into a building. A vestibule may project from a building wall. ▶ W Walk: travel on foot, a wheelchair, or a mobility aid. If the context is travel distance or time (examples: “10 minute walk”, “walking distance”), it means travel on foot by a typical adult. Walkable: quality of an area to support and foster walking for transportation, exercise, and leisure. These are some traits of a walkable place. • Comfort and safety for people of all ages and abilities. • Presence, location, and quality of sidewalks and paths. • Choice of routes between two places. • Varied streetscape with attractive human-scale buildings, site features, and landscaping. • Street trees that give shade and beauty. • Seating or places to rest. • Clear wayfinding. • Low vehicle speeds. • Public transportation within walking distance. • Shops, gathering places, parks, and civic uses within walking distance of homes. • Presence of other people outside. • No long blank walls, tall fences, or parking lots fronting streets. • No objects that block the path. Wall (context of building): any exterior upright side of a building. Wall (context of freestanding structure): upright structure that ① carries a load; or ② defines, encloses, divides, or screens an area. 162 • § 272-904 • Town of Ithaca New Neighborhood Code Where possible: that something must meet a requirement, unless it is not practical or possible because of built or natural features, topography, utilities, existing lot lines or easements, or overriding regulations. Wildlife corridor: corridor of wildlife habitat that joins larger areas of similar wildlife habitat. Zoning Code: Town of Ithaca Town Code Chapter 270. Abbreviations, acronyms, and symbols • < 𝑥 less than 𝑥, under 𝑥, below 𝑥. • ≤ 𝑥 less than or equal to 𝑥, up to 𝑥, 𝑥 or less, 𝑥 at most. 𝑥 = maximum. • > 𝑥 more/greater than 𝑥, above 𝑥. • ≥ 𝑥 more/greater than or equal to 𝑥, at least x. 𝑥 = minimum. • = 𝑥 equals 𝑥. • ≅ 𝑥, ≈ 𝑥 roughly equals 𝑥. • + 𝑥 plus 𝑥. • − 𝑥 minus 𝑥. • ± 𝑥 plus or minus 𝑥. • × 𝑥 times 𝑥. • ÷ 𝑥 divided by 𝑥. • “ inches (double prime symbol) • ’ foot (single prime symbol) • ° degrees (angle or temperature, depending on context) • ac acre (43,560 ft², ≅ 0.45 ha) • ADA Americans with Disabilities Act • ft foot • ft² square foot • GFA gross floor area • GLA gross living area • K Kelvin (color temperature) • L liter • m meter • m² square meter • max maximum • min minimum • n/a not applicable • NYS New York State • RoW right of way • SEQRA (New York) State Environmental Quality Review Act • TND traditional neighborhood development