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Home My WebLink About2011 Sections 125 205 225 270 Town of Ithaca PC1CodeBook for Windows Chapter 125, BUILDING CONSTRUCTION AND FIRE PREVENTION ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... [HISTORY: Adopted by the Town Board of the Town of Ithaca 12-29-2006 by L.L. No. 15-2006.'EN Amendments noted where applicable.] GENERAL REFERENCES Appearance tickets--See Ch.9. Unsafe buildings--See Ch.129. Fees--See Ch.153. Flood damage prevention--See Ch. 157. Property maintenance--See Ch.205. Signs--See Ch.221. Streets and sidewalks--See Ch.230. Subdivision of land--See Ch.234. Zoning--See Ch.270. § 125-1. Scope. This chapter shall provide the basic method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code(hereinafter referred to as the "Uniform Code") in the Town of Ithaca, and shall establish powers, duties, and responsibilities in connection therewith. § 125-2. Administration. The Code Enforcement Officers are hereby designated to administer and enforce the Uniform Code within the Town of Ithaca. The Town Board may also designate by resolution other individuals or entities to administer and enforce the Uniform Code,provided that such individuals and entities shall not have the power to issue building permits, certificates, orders and appearance tickets unless they are public officers. Any individuals or entities designated by the Town Board to administer and enforce the Uniform Code shall have qualifications comparable to those of an individual who has met the requirements of 19 NYCRR Part 434 (Minimum Standards for Code Enforcement Personnel in the State of New York), as amended, or any successor regulation. § 125-3. Rules and regulations. A. The Town Board may adopt rules and regulations for the administration and enforcement of the Uniform Code. Such rules and regulations shall not conflict with the Uniform Code, this chapter, or any other provision of law. B. The Town Board shall publish all rules and regulations at least 30 days prior to the effective date thereof in a newspaper of general circulation within the Town of Ithaca. § 125-4. Building permits. A. No person, firm, corporation, association or other organization shall commence the erection, 1 Town of Ithaca PC1CodeBook for Windows construction, enlargement, alteration, improvement, repair, removal, or demolition of any building or structure (including signs, except as specified in Chapter 221, Signs, of the Code of the Town of Ithaca), nor install heating equipment, nor undertake any other work which must conform to the Uniform Code, without having applied for and obtained a building permit from a Code Enforcement Officer. Notwithstanding the foregoing, no building permit shall be required for: (1) Construction or installation of a one-story accessory building in an agricultural or residential district associated with one- or two-family dwellings or multiple single-family dwellings (townhouses),provided that such building: (a) Is used for a tool or storage shed,playhouse or other similar use; (b) Costs less than $3,000; (c) Is less than 12 feet in height and has a gross floor area that does not exceed 144 square feet; (d) Does not involve the installation or extension of electrical,plumbing, or heating systems; and (e) Does not include the installation of solid fuel-burning heating appliances and associated chimneys and flues. (2) Construction of parking spaces for one- or two-family dwellings or multiple single-family dwellings (townhouses); (3) Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses); (4) Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses)where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; (5) Installation of fences which are not part of an enclosure surrounding a swimming pool and which are not over six feet high above the natural grade; (6) Construction of retaining walls, unless such walls support a surcharge, impound Class I, II or IIIA liquids as defined in the Uniform Code, or are over six feet high above the natural grade; (7) Construction of temporary motion picture, television and theater stage sets and scenery; (8) Installation of window awnings that do not extend further than four feet beyond the exterior face of the exterior wall, measured horizontally, and that are supported by an exterior wall of a one-or two- family dwelling or multiple single-family dwellings (townhouses); (9) Installation of partitions or movable cases less than five feet nine inches in height; (10)Painting, wallpapering, tiling, carpeting, or other similar finish work; (11)Installation of listed portable electrical,plumbing, heating, ventilation or cooling equipment or appliances; (12)Replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; and (13)Repairs,provided that such repairs do not involve: (a) The removal or cutting away of a load-bearing wall,partition, or portion thereof, or of any structural beam or load-bearing component; (b) The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (c) The enlargement, alteration, replacement or relocation of any building system; 2 Town of Ithaca PC1CodeBook for Windows (d) The removal from service of all or part of a fire-protection or fire-detection system for any period of time; and (e) In the case of buildings that are subject to site plan approval procedures, do not materially alter the exterior appearance of the building. B. An exemption from the requirement to obtain a permit shall not be deemed an authorization for work to be performed in violation of the Uniform Code and shall in no case relieve the property owner from compliance with other provisions of this chapter or of the Uniform Code, or any successor laws, ordinances, statutes or regulations. C. Applications for building permits may be obtained from the Code Enforcement Officer. (1) An application for a building permit shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with the requirements of the Uniform Code, this chapter, Chapter 270, Zoning, of the Code of the Town of Ithaca, and other applicable state and local laws, ordinances and regulation. All applications shall include the following information and documentation: (a) A description of the proposed work; (b) The Tax Map number and the street address; (c) The occupancy classification, as defined by the Uniform Code, of any affected building or structure; (d) Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; (e) At least two sets of construction documents (drawings and/or specifications) that define the scope of the proposed work; (f) The full name and address of the owner and applicant and, if either be a corporation, the names and addresses of responsible officers; (g) The estimated cost of the proposed work with appropriate substantiation as may be required by the Code Enforcement Officer; (h) The signature of the applicant or authorized agent; (i) The building permit fee as set from time to time by Town Board resolution. [Amended 12-7-2009 by L.L. No. 18-2009"EN] (j) A statement that the work shall be performed in compliance with Chapter 270, Zoning, the Uniform Code, and other applicable state and local laws, ordinances, and regulations; and (k) Such other materials, information, or items as may be reasonably required by the Code Enforcement Officer in order to determine whether the proposed work will be in compliance with all applicable laws, rules, and regulations, including Chapter 270, Zoning, the Uniform Code, and this chapter. (2) Construction documents shall not be accepted as part of an application for a building permit unless such documents: (a) Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; (b) Indicate with sufficient clarity and detail the nature and extent of the work proposed; (c) Substantiate that the proposed work will comply with the Uniform Code and the State Energy Conservation Construction Code; and (d) Where applicable, include a site plan that shows any existing and proposed structures on the site, the location of any existing or proposed well or septic system, 3 Town of Ithaca PC1CodeBook for Windows the location of the intended work, the distances between the structures and the lot lines, and any other information required by Article XXIII of Chapter 270, Zoning, of the Code of the Town of Ithaca. (3) Applications for a building permit or for an amendment thereto shall be examined to ascertain whether the proposed construction is in substantial conformance with the requirements of the Uniform Code, Chapter 270, Zoning, and any other applicable laws, rules or regulations. Provisions shall be made for construction documents accepted as part of a permit application to be so marked in writing or by stamp. One set of accepted construction documents shall be retained by the Town. One set shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Officer. D. A permit will be issued when the Code Enforcement Officer determines the application is complete and the proposed work will conform to the requirements of the Uniform Code, Chapter 270, Zoning, and any other applicable laws, rules or regulations. The authority conferred by such permit may be limited by conditions, if any, contained therein. The permit shall require the applicant to notify the Code Enforcement Officer immediately of any changes in the information contained in the application during the period for which the permit is in effect, or of any changes occurring during construction. E. All work performed pursuant to such permit shall be in accordance with the information and representations made in the application for a permit, and with the accepted construction documents, and there shall be no deviations therefrom without the prior approval of the Code Enforcement Officer. Such approval may be withheld until sufficient information is provided to the Code Enforcement Officer in form and substance reasonably satisfactory to the Code Enforcement Officer to demonstrate that the proposed deviation is in compliance with the Uniform Code, Chapter 270, Zoning, this chapter, and all other applicable laws, rules and regulations. F. Building permits shall be required to be visibly displayed at the work site and to remain visible until the project has been completed. G. A building permit, once issued, may be suspended or revoked if the Code Enforcement Officer or other appropriate officer determines that the work to which it pertains is not proceeding in conformance with the application, with the Uniform Code, with Chapter 270, Zoning, with any other law, rule,regulation or ordinance, with any condition attached to such permit, or if information submitted in connection with the application for the permit was incorrect, inaccurate or incomplete. Such suspension or revocation shall be in effect until such time as the permit holder demonstrates to the Code Enforcement Officer's satisfaction that all work completed and all work proposed shall be in compliance with these items and requirements, and in the case of a revoked permit, the holder of the revoked building permit applies for and receives a new building permit. H. A building permit shall expire one year from the date of issuance or upon the issuance of a certificate of occupancy (other than a temporary certificate of occupancy), whichever occurs first. The permit may, upon written request, be renewed for successive one-year periods, provided that the permit has not been revoked or suspended at the time the application for renewal is made; the relevant information in the application is up-to-date; and a renewal fee is paid as set from time to time by Town Board resolution. At the option of the Code Enforcement Officer, where the work disclosed by the application may reasonably be expected to take longer than one year, the Code Enforcement Officer may issue an initial 4 Town of Ithaca PC1CodeBook for Windows building permit for a term of greater than one year,but in no event greater than three years, the term to be the length of time it would be reasonably anticipated to complete the work set forth in the application. [Amended 12-7-2009 by L.L. No. 18-2009...EN] I. Permits to construct a foundation, only in circumstances where it is contemplated that a building will be constructed on the foundation, may be issued in the discretion of the Code Enforcement Officer under the following circumstances and subject to the following limitations: (1) The circumstances under which foundation permits may be issued are as follows: (a) There has been supplied to the Code Enforcement Officer plans which, in the Code Enforcement Officer's judgment, are adequate for him to evaluate and review the proposed construction of the foundation. (b) The applicant provides information satisfactory to the Code Enforcement Officer, such as an engineer's or architect's certification, that the foundation will be adequate to carry the load of the proposed permanent structure. (c) The need for the foundation permit is established to the satisfaction of the Code Enforcement Officer(e.g., onset of adverse weather conditions, immediate availability of masons,proposed construction to be on a fast-track basis, or other reasonable basis for early issuance of a permit for only part of the building). (2) Issuance of a foundation permit is wholly discretionary with the Code Enforcement Officer and the applicant shall have no right to the issuance of same. (3) In addition to the conditions on such permits imposed by this chapter, the Code Enforcement Officer may impose such conditions on the issuance of such permits as the Code Enforcement Officer may reasonably require to protect the health, safety and welfare of the public, including the persons that may be in or around the proposed foundation. Such conditions may also include the requirement that the applicant post security in the form of a bond, cash, or letter of credit with the Town, with the designation of form of security left to the Town's discretion, to assure that the foundation will be removed if a building permit for the entire building is not issued within a stated period of time, such security to be available to the Town to enable the Town to restore the premises to their condition prior to the construction of the foundation for which the permit was issued. (4) The issuance of any foundation permit by the Code Enforcement Officer may be revoked by the Town Board if, in its discretion, the Town Board determines the issuance of the foundation permit was inappropriate. (5) Issuance of a foundation permit does not relieve the applicant from fulfilling any and all requirements for the issuance of a full building permit for the proposed construction. (6) Issuance of a foundation permit shall not be construed to be a determination that a building permit will be automatically issued for the balance of the structure. (7) Foundation permits may be revoked at any time by the Code Enforcement Officer if the Code Enforcement Officer in his discretion: (a) Determines that the foundation will not be adequate to support the balance of the structure; (b) Determines the applicant is not taking proper precautions to prevent endangering life, health,property, or the public welfare in the course of constructing the foundation; (c) Determines, in his judgment, that the applicant is not proceeding diligently and 5 Town of Ithaca PC1CodeBook for Windows properly to provide complete and adequate plans for the issuance of a full building permit; (d) Becomes aware of information not previously submitted or available that makes issuance of a foundation permit inappropriate or inadvisable; (e) Determines the existence of any other circumstance which reasonably requires the revocation of the permit. (8) If a building permit for the remainder of the building has not been issued within six months of the date of the foundation permit, the foundation permit automatically expires. However, the Code Enforcement Officer may renew the permit for one or more successive periods of not more than six months per application upon payment of a fee calculated as if each application were an application for the original issuance of such a permit. (9) Upon the revocation or the expiration of a foundation permit without a renewed foundation permit or a building permit for the balance of the building having been issued, the foundation constructed pursuant to the foundation permit must be removed and the ground restored by the owner to substantially the condition it was prior to the commencement of any excavation and construction. (10)The fee for the issuance of a foundation permit shall be as specified in Chapter 153, Fees, of the Code of the Town of Ithaca. § 125-5. Construction inspections. A. Permitted work shall be required to remain accessible and exposed until inspected by the Town or its designee and accepted by the Code Enforcement Officer. Permit holders shall be required to notify the Code Enforcement Officer when construction work is ready for inspection. B. Provisions shall be made for inspection of the following elements of the construction process, where applicable: (1) Work site prior to the issuance of a permit; (2) Footing and foundation; (3) Preparation for concrete slab; (4) Framing; (5) Building systems, including underground and rough-in; (6) Fire-resistant construction; (7) Fire-resistant penetrations; (8) Solid fuel-burning heating appliances, chimneys, flues or gas vents; (9) Energy code compliance; and (10)A final inspection after all work authorized by the building permit has been completed. C. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code. Construction work not in compliance with Uniform Code provisions shall be required to remain exposed until it has been brought into compliance with the Uniform Code,been reinspected, and been found satisfactory as completed. D. To facilitate such inspection and to ensure compliance with appropriate Zoning and Uniform Code requirements, the Code Enforcement Officer may require submission at the appropriate stage of documentation to substantiate such compliance including, without limitation, the 6 Town of Ithaca PC1CodeBook for Windows following items: (1) As-built survey maps by a licensed surveyor showing the location of the foundation relative to property boundary lines and dimensions of the structure; (2) Appropriate certifications from an engineer relative to water, sewage, structural integrity, and such other items as the Code Enforcement Officer may deem reasonably appropriate certifying that the stated items are in accordance with all applicable laws, rules and regulations; (3) Certificates from appropriate electrical inspection persons or agencies, as determined by the Town, certifying that the electrical work is in compliance with all applicable laws, codes, rules and regulations. [Amended 4-12-2010 by L.L. No. 3-2010] E. The Code Enforcement Officer or other person designated by the Town Board pursuant to § 125-2 shall have the power to order, in writing, the remedying of any condition found to exist in, on, or about any building, structure or premises in violation of the Uniform Code, Chapter 270, Zoning, or any other applicable law, rule or regulation, and shall have the authority to state the time period within which such condition must be remedied. Such orders may be served upon the owner or his authorized agent personally or by registered or certified mail sent to the address set forth in the application for any permit submitted to the Town of Ithaca or to the owner's or agent's last known address. If such condition is not remedied within the time set forth, among any other remedies that may be available to the Town of Ithaca, the Code Enforcement Officer or other person lawfully designated by the Town Board may revoke the building permit for such construction and no further construction shall occur until a new permit has been issued as specified in § 1254G. F. The Code Enforcement Officer or other person lawfully designated by the Town Board shall have the right of entry, at all reasonable hours, to any building, structure, or site where work or activity is contemplated or being done under the provisions of this chapter, or to any building or site alleged to be unsafe to life or health, upon the exhibition of proper evidence of their position at or authorization from the Town. Interference with such authorized entry in an official capacity shall be punishable as a violation of this chapter. § 125-6. Stop-work orders. A. Authority to issue. The Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Code Enforcement Officer shall issue a stop-work order to halt: (1) Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or State Energy Conservation Construction Code, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or (2) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or (3) Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked. B. Content of stop-work orders. Stop-work orders shall be in writing,be dated and signed by the 7 Town of Ithaca PC1CodeBook for Windows Code Enforcement Officer, state the reason or reasons for issuance, and if applicable, state the conditions which must be satisfied before work will be permitted to resume. C. Service of stop-work orders. The Code Enforcement Officer shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the building permit holder, on the building permit holder)personally or by certified mail. The Code Enforcement Officer shall be permitted,but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order,personally or by certified mail;provided,however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order. D. Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the building permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order. E. Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 125-13 or other sections of this chapter or under any other applicable local law or State law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order. § 125-7. Certificates of occupancy. A. A certificate of occupancy shall be required for all work for which a building permit is required to be issued under this chapter, any other Code provision, local law, ordinance, rule or regulation of the Town of Ithaca, or the Uniform Code or any successor statute or regulation. Further, a certificate of occupancy shall be required for all buildings, structures, or portions thereof, which are converted from one general use or occupancy classification or subclassification, as defined by the Uniform Code, to another. The following requirements shall also apply: (1) Except as set forth below in Subsection B, a building or structure for which a building permit is required to be issued shall not be used or occupied in whole or in part until the certificate of occupancy shall have been issued by the Code Enforcement Officer or such other person lawfully designated by the Town of Ithaca. The Code Enforcement Officer or designee shall inspect the building, structure or work prior to the issuance of a certificate of occupancy. In addition, where applicable, a written statement of structural observations and/or a final report of special inspections, and flood hazard certifications, prepared at the expense of the applicant in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or are otherwise acceptable to the Code Enforcement Officer, must be received by the Code Enforcement Officer prior to the issuance of the certificate. Such certificate of occupancy shall be issued when, after final inspection, it is determined that the construction and other work has been completed in compliance with the Uniform Code, Chapter 270, Zoning, and other applicable laws, rules and regulations. 8 Town of Ithaca PC1CodeBook for Windows (2) A certificate of occupancy shall contain the following information: (a) The building permit number, if any; (b) The date of issuance of the permit, if any; (c) The name, address and Tax Map number of the property; (d) If the certificate is not applicable to an entire structure, a description of that portion of the structure for which the certificate is issued; (e) The use and occupancy classification of the structure; (f) The type of construction of the structure; (g) The assembly occupant load of the structure, if any; (h) If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required; (i) Any special conditions imposed in connection with the issuance of the building permit; and (j) The signature of the official issuing the certificate and the date of issuance. (3) The fees for certificates of occupancy are set from time to time by Town Board resolution. The applicable fee shall be paid before a certificate of occupancy is issued. [Amended 12-7-2009 by L.L. No. 18-2009'°EN] B. Upon request, the Code Enforcement Officer may issue a temporary certificate of occupancy for a building or structure, or part thereof,pending completion of the work and before the entire work covered by a building permit has been completed, only if the structure or portions thereof may be occupied safely, any installed fire- and smoke-detecting or fire protection equipment is operational, all required means of egress from the structure have been provided, and the conditions set forth below are met. (1) Before issuing a temporary certificate of occupancy the Code Enforcement Officer must find: (a) The portion or portions of the work for which the certificate is sought may be used or occupied temporarily without endangering life,property or the public welfare; and (b) Practical difficulties exist in completing the building, structure or site improvements to the point where the building, structure or site improvements would qualify for a permanent certificate of occupancy because of: [1] Construction delays resulting from: [a] Unfavorable and unusually difficult weather conditions; or [b] Inability to timely obtain materials; or [c] Other conditions found by the Code Enforcement Officer to warrant early occupancy. [2] The need to occupy the premises before a building qualifies for a permanent certificate of occupancy is related to the normal seasonal occupancy dates (e.g., late August when the community has the normal influx of university-related residents); or [3] Any other reason found by the Code Enforcement Officer to be appropriate for the issuance of such temporary certificate. (2) The granting of a temporary certificate of occupancy is solely within the discretion of the Code Enforcement Officer and no applicant shall have a right to same. (3) In addition to the conditions on such certificates imposed by this chapter, the Code Enforcement Officer may impose such conditions on the issuance of such certificates as the Code Enforcement Officer may reasonably require to protect the health, safety and 9 Town of Ithaca PC1CodeBook for Windows welfare of the public, including the persons that may be in or around the building or structure being partially occupied. Such conditions may also include the requirement that the applicant post security in the form of a bond, cash, or letter of credit with the Town, with the designation of form of security left to the Town's discretion, to assure that the building or structure for which a temporary certificate of occupancy is sought will be fully completed and qualify for a permanent certificate of occupancy for the entire building within a stated period of time, or will be vacated if no such certificate is obtained within such period of time, such security to be available to the Town to enable the Town to bring an action to enjoin continued occupancy in the absence of a permanent certificate and to take such other steps as may be reasonably necessary or appropriate to protect the public health and welfare. (4) If the Town Board, in its discretion, deems the granting of the temporary certificate of occupancy inappropriate, the Town Board may overrule the Code Enforcement Officer, in which event the temporary certificate shall terminate 30 days after its issuance or 15 days after the decision overruling the Code Enforcement Officer, whichever is later. (5) The issuance of a temporary certificate of occupancy does not relieve the applicant from fulfilling any and all requirements not yet completed at the date of the issuance of the temporary certificate of occupancy. (6) Issuance of a temporary certificate of occupancy is not to be construed as a determination that a final certificate of occupancy will be automatically issued. (7) In addition to the Town Board's privilege of revoking the temporary certificate of occupancy, it may also be revoked by the Code Enforcement Officer at any time under one or more of the following circumstances: (a) The Code Enforcement Officer becomes aware of a condition which presently endangers, or in the future may endanger, life, health,property, or the public welfare, including the health or welfare of any persons in or around the premises subject to the temporary certificate. (b) The Code Enforcement Officer determines in his judgment that the applicant is not proceeding diligently and properly to complete whatever work remains in order to obtain a permanent certificate of occupancy. (c) The Code Enforcement Officer becomes aware of information not previously submitted or available that makes issuance of a temporary certificate of occupancy reasonably inappropriate or inadvisable. (d) The Code Enforcement Officer determines the existence of any other circumstance which reasonably requires the revocation of the certificate. (8) The temporary certificate of occupancy shall be issued for such period as the Code Enforcement Officer may elect,but not in any event to exceed six months, except as provided below. However, the Code Enforcement Officer may renew the certificate for one or more successive periods of not more than six months per application upon payment of a fee calculated as if each application were an application for the original issuance of such a temporary certificate. (9) Discretionary actions. (a) Notwithstanding the foregoing provisions of Subsection B(8) above,however, the Town Board may, after public hearing on at least five days' notice upon the application of the property owner, authorize the Code Enforcement Officer: [1] To issue a temporary certificate of occupancy for a period greater than six 10 Town of Ithaca PC1CodeBook for Windows months if the Board finds: [a] It is likely the conditions which require the issuance of a temporary certificate of occupancy will extend for a period in excess of six months; and [b] Denial of an extended period for the certificate would create a significant hardship to the applicant; and [c] It is reasonably anticipated that the applicant can complete the project and obtain a permanent certificate no later than the expiration date of the extended period; and [d] The life of the temporary certificate, including any extended period, is not greater than three years; and [e] All other conditions for the issuance of a temporary certificate of occupancy set forth in this § 125-713 have been met. [2] To reduce or waive the fee charged for a temporary certificate of occupancy if the Board finds: [a] The fee for the original building permit was sufficiently large to cover the costs to the Town, including Code Enforcement Officer inspection time and review time, of processing, reviewing and overseeing the issuance and implementation of the original building permit, the final certificate of occupancy, and any temporary occupancy certificates including the one for which a reduction in fee is requested; and [b] The payment of the fee as normally determined hereunder would be a significant financial hardship to the applicant; and [c] The need for the temporary certificate of occupancy was not created by the lack of diligence of the applicant in prosecuting the work of the project to completion; and [d] The reduction in fee is the minimum necessary to alleviate the hardship to the applicant and still cover the costs to the Town referred to above; and [e] All other conditions for the issuance of a temporary certificate of occupancy set forth in this § 125-713 have been met. (b) The Town Board, in granting an application for a longer temporary certificate of occupancy or a reduction in fee may impose such reasonable conditions as it deems appropriate under the circumstances pertaining. (10)A temporary certificate of occupancy can also be granted by the Code Enforcement Officer in those circumstances not involving new construction where a violation of Chapter 270, Zoning, or other rule or regulation becomes apparent to the Code Enforcement Officer, the owner or other person in possession is taking action(either by construction or by application for an appropriate variance)to correct the violation, and the issuance of the temporary certificate of occupancy will not endanger life, health, property, or the public welfare. The issuance of a temporary certificate of occupancy under these circumstances and the right to revoke same are governed by the same provisions relating to the issuance of a temporary certificate of occupancy based upon construction pursuant to a building permit. (11)The fee for the issuance of a temporary certificate of occupancy shall be as set from time to time by Town Board resolution. [Amended 12-7-2009 by L.L. No. 18-2009°EN] C. A certificate of occupancy may be issued for any building or individual dwelling unit at any 11 Town of Ithaca PC1CodeBook for Windows other time after inspection thereof by request, determination of compliance and payment of the fees as set from time to time by Town Board resolution. [Amended 12-7-2009 by L.L. No. 18-2009v'EN] D. Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate of occupancy was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate. § 125-8. Operating permits. A. No person, firm, corporation, association, or other organization or entity shall conduct the activities or use or occupy any of the facilities listed below unless the owner or authorized agent of the owner has applied for and has, after inspection as set forth in Subsection C of this section and § 125-9 below, obtained an operating permit: (1) Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4), of the Fire Code of New York State (see 10 NYCRR Part 1225). (2) Hazardous processes and activities, including but not limited to commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling. (3) Use of pyrotechnic devices in assembly occupancies. (4) Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more. (5) Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the Code Enforcement Officer. (6) Multiple residences involving buildings containing three or more dwelling units. (7) Health care facilities where more than 10 people normally sleep nightly, including hospitals, nursing homes, infirmaries, and sanitariums. (8) Child and adult day-care centers and facilities as defined in Chapter 270, Zoning, of the Code of the Town of Ithaca. (9) Dormitories providing accommodations for sleeping for hire for more than four people. (10)Motels or hotels providing sleeping accommodations for hire for more than four people. B. Any individual or entity who proposes to undertake the types of activities or operate the types of facilities listed in Subsection A of this section shall be required to obtain an operating permit from the Town prior to commencing such operation. An application for an operating permit shall be on a Town-provided form and shall contain sufficient information to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. Tests or reports that the Code Enforcement Officer determines are necessary to verify conformance shall be required at the expense of the applicant and shall be conducted by such persons as may be designated by or are otherwise acceptable to the Code Enforcement Officer. C. The Code Enforcement Officer shall inspect the subject premises prior to the issuance of an operating permit. D. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating 12 Town of Ithaca PC1CodeBook for Windows permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities. E. An operating permit shall be valid for a period of three years from its date of issuance,unless earlier revoked or suspended. F. The operating permit shall be displayed on the property or premises covered by the operating permit. G. Revocation of operating permits. Operating permits may be suspended or revoked when it is determined that there is a violation of a condition under which the permit was issued, if information submitted in connection with the permit application or with a condition of the permit was incorrect, inaccurate, or incomplete, where activities do not comply with applicable provisions of the Uniform Code, or where there is a violation of applicable law under which the operating permit was issued which would have precluded issuance of the permit had such violation been in existence at the date of issuance of the permit. § 125-9. Firesafety and property maintenance inspections. A. The Code Enforcement Officer shall conduct firesafety and property maintenance inspections of areas of public assembly, as defined in the Uniform Code, at least once per year. Such inspections may be made at any reasonable time. B. The Code Enforcement Officer shall conduct firesafety and property maintenance inspections of all multiple dwellings and all nonresidential occupancies at least once every three years, except inspections shall occur at least once every year for all health care facilities where more than 10 people normally sleep nightly(including hospitals, nursing homes, infirmaries, and sanitariums), all child and adult day-care centers and facilities, as defined in Chapter 270, Zoning, of the Code of the Town of Ithaca, and all dormitory buildings,regardless of the number sleeping accommodations. Such inspections may be made at any reasonable time. Upon completion of the inspection if the Code Enforcement Officer is satisfied that the buildings so inspected are in compliance with the Uniform Code, Chapter 270, Zoning, and other laws of the Town of Ithaca relating to the safety of buildings, the Code Enforcement Officer shall issue an operating permit, where one is required by § 125-8, upon payment of the applicable fees for the inspection and the permit. C. An inspection of a building or dwelling unit may be performed at any other time upon a request of the owner or authorized agent; or receipt of reasonable and reliable information that a violation of the Uniform Code, this chapter, Chapter 270, Zoning, or other law, rule or regulation exists. D. If entrance to make an inspection is refused or cannot be obtained, the Code Enforcement Officer or his designee may apply to any court of competent jurisdiction for a warrant to make an inspection and upon receipt of same shall have the right to make such inspections as are set forth above in this chapter. E. Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of any federal, state or local agency. No inspection by any federal, state or local agency shall supersede, limit or impair the powers, duties and responsibilities of the Town. § 125-10. Notification regarding fire or explosion. The chief of any fire department providing fire-fighting services for a property within the Town 13 Town of Ithaca PC1CodeBook for Windows shall notify the Code Enforcement Officer by the next business day of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent. § 125-11. Complaints. A. The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with this chapter, Chapter 270, Zoning, of the Code of the Town of Ithaca, the Uniform Code, the New York State Energy Conservation Construction Code, or any other local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the New York State Energy Conservation Construction Code. B. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate: (1) Performing an inspection of the conditions and/or activities alleged to be in violation and documenting the results of such inspection. (2) If a violation is found to exist,providing the owner of the affected property and any other person or entity who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding as described in § 125-12, Violations, and§ 125-13, Penalties for offenses, of this chapter. (3) If appropriate, issuing a stop-work order. (4) If a violation which was found to exist is abated or corrected,performing an inspection to ensure that the violation has been abated or corrected,preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. § 125-12. Violations. A. A person owning, operating, occupying or maintaining property or premises within the scope of the Uniform Code or this chapter shall comply with all provisions of the Uniform Code, this chapter, and all orders, notices, rules, regulations or determinations issued in connection therewith. B. Whenever the Code Enforcement Officer finds that there has been a violation of the Uniform Code, this chapter, or any rule or regulation adopted pursuant to this chapter, a violation order may be issued to the person or persons responsible. C. Violation orders shall be in writing, shall identify the property or premises, shall specify the violation and remedial action to be taken, shall provide a reasonable time limit for compliance, and shall state the time within which an appeal may be taken. D. Violation orders may be served by personal service, by mailing by registered or certified mail sent to the address set forth in the application for any permit submitted to the Town or to the property address, or by posting a copy thereof on the premises that are the subject of the notice of violation and mailing a copy on the same day as posted, enclosed in a prepaid wrapper, addressed to the last known address of the owner as set forth in the Town of Ithaca records, or if none, in the most recent tax roll available to the Town of Ithaca. E. In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, a request to take appropriate legal action shall be made to the Attorney for the Town of Ithaca. 14 Town of Ithaca PC1CodeBook for Windows § 125-13. Penalties for offenses. A. Failure to comply with any provision of the Uniform Code, this chapter, rules or regulations adopted pursuant to this chapter, or a violation order shall be deemed a violation and the violator shall be liable for a fine of not less than $100, or imprisonment not to exceed 30 days, or both, and each day such violation continues shall constitute a separate violation. The Code Enforcement Officer is hereby authorized to issue an appearance ticket for any violation of this chapter pursuant to Chapter 9, Appearance Tickets, of the Code of the Town of Ithaca. B. An action or proceeding in the name of the Town of Ithaca may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the Uniform Code, this chapter, rule or regulation adopted pursuant to this chapter, or a violation order, or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law. § 125-14. Records. The Town Building and Zoning Department and Town Clerk shall keep official records of all permits, inspection reports,recommendations, complaints, violation orders and fees charged and collected pursuant to this chapter, in compliance with the applicable record-retention requirements of the New York State Archives and Records Administration. § 125-15. Removal of dangerous buildings or structures. A. A building or structure, or part thereof, which is an imminent danger to life and safety of the public as a result of a fire or explosion or unsafe equipment is hereby declared to be a public nuisance. B. Whenever the Code Enforcement Officer finds a building or structure, or part thereof, to be an imminent danger to life and safety of the public as a result of a fire or explosion or unsafe equipment, the Code Enforcement Officer may cause it to be demolished and removed or may cause work to be done in and about the building, structure or equipment as may be necessary to remove the danger. C. The Code Enforcement Officer may require the occupants of any such building or structure, or part thereof, to vacate the premises forthwith. No person shall use or occupy such building or structure, or part thereof,until it is made safe. D. Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections,repairs, or to demolish and remove such building, structure or equipment, or part thereof. E. All costs and expenses incurred by the Town of Ithaca in connection with any work done to remove the danger, or in connection with the demolition and removal of any such building, structure or equipment, shall be assessed against the land on which such building or structure is located, and a bill for such costs and expenses shall be presented to the owner of the property, or if the owner cannot be ascertained, then such bill shall be posted in a conspicuous place on the premises. If the owner shall fail to pay for such costs and expenses within 10 days after the bill is presented or posted, then such unpaid costs, expenses and interest accruing at the rate of 9%per annum from the date of the Town's work shall 15 Town of Ithaca PC1CodeBook for Windows constitute a lien upon such land. A legal action or proceeding may be brought to collect such costs, expenses, interest and recoverable attorney's fees, or to foreclose such lien. As an alternative to the maintenance of any such action, the Code Enforcement Officer may file a certificate of the actual costs and expenses incurred and interest accruing as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred, and the owner thereof with the Tompkins County Department of Assessment, who shall in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included as a special ad valorem levy(administered as a move tax) against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. § 125-16. Variance and review. A. A request for a variance from the requirements of Chapter 270, Zoning, shall be processed in accordance with the provisions of Chapter 270, Zoning. B. A request for a variance from the provisions of the Uniform Code and an appeal to review determination of or failure to render a determination by the Code Enforcement Officer based upon the Uniform Code shall be processed with the appropriate Board of Review as provided in Title 19 of the New York Official Compilation of Codes, Rules and Regulations, Part 1205, or any successor rules, regulations or statutes. Where proposed construction, alteration, use or other work related to a building, structure or equipment would be in violation of any provision of the Uniform Code or any successor statute, no building permit shall be issued except pursuant to written order of the appropriate Board of Review. Chapter 205, PROPERTY MAINTENANCE ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... [HISTORY: Adopted by the Town Board of the Town of Ithaca 6-13-2011 by L.L. No. 5-2011.°"EN Amendments noted where applicable.] GENERAL REFERENCES Unsafe buildings--See Ch.129. Construction and repair of sidewalks--See Ch.230,Art.II. Zoning--See Ch.270. § 205-1. Purpose and authority. The purpose of this chapter is to assist in the enforcement of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code (hereafter referred to as the "State Property Maintenance Code") and,pursuant to the authority granted to the Town of Ithaca by Town Law Article 16 of the State of New York and Executive Law Article 18 of the State of New York, to promote the general health, safety and welfare of the residents of the Town of Ithaca,protect the value of real property in the Town of Ithaca, and promote and perpetuate the attractive appearance of neighborhoods in the community,by requiring proper maintenance of 16 Town of Ithaca PC1CodeBook for Windows real property within the Town of Ithaca. This legislation is intended to expressly supersede the provisions of New York Town Law §§ 274-a (4), 268, and 282 pursuant to the provisions of the Municipal Home Rule Law of the State of New York, specifically,but not exclusively, in relation to the jurisdiction of the Zoning Board of Appeals, including by expanding such jurisdiction to determine matters related to New York Town Law Article 16, even if not enacted wholly pursuant to the authority of said Town Law Article 16. § 205-2. Prohibited acts. A. It shall be a violation of this chapter for any owner or other occupant of real property in the Town of Ithaca, or for any person having control of real property in the Town of Ithaca charged with the maintenance of the property, to deposit, abandon, maintain, keep or allow the accumulation on his or her real property, outside of any building, of any personal property,junk, trash, rubbish, garbage, refuse, debris, discarded materials,bulk items, and/or any other material which, if thrown or deposited as herein prohibited, tends to create a danger to the public health, safety and welfare, or creates degradation through unsightliness or noisomeness, or which creates a public or private nuisance. (1) Examples of such materials are as follows: (a) Putrescible animal and vegetable wastes resulting from the handling,preparation, cooking and consumption of food, except for composted materials placed inside an enclosure and located at least three feet from a property line, or composted materials located at least 10 feet from a property line if not placed inside an enclosure. (b) Putrescible and nonputrescible solid wastes (except body wastes), such as garbage, rubbish, ashes, street cleanings, dead animals, and solid market and industrial wastes. (c) Nonputrescible solid wastes consisting of combustible or noncombustible wastes, such as felled or cut trees or limbs stored within three feet of the property line, lumber or construction materials not actively and presently being used to construct or repair a building or make any other improvement on the premises, broken glass, discarded bedding, broken crockery, discarded furniture or toys, accumulation of items (including but not limited to magazines and other paper goods, tools and parts, paints, varnishes and lacquers, containers,boxes and jars), and similar materials or parts thereof, whether mixed together or otherwise, and in any amount. (d) Any boat, snowmobile, all-terrain vehicle, or other such device, which is in a state of disrepair or is otherwise dilapidated,broken, or abandoned. (e) Abandoned, discarded,broken, or inoperable refrigerators, washing machines or other machinery or parts thereof. Any such items stored on any yard or lot for a period of more than 60 days shall be presumed to be abandoned. (f) Any automobile, truck, or other vehicle originally intended for use on the public highways which is no longer intended or in condition for legal use on the public highways, including such vehicles which are in a state of disrepair or otherwise dilapidated, broken, or abandoned. For the purpose of this subsection, a vehicle shall be presumed to be no longer intended or in condition for legal use on the public highways if any of the following apply: [1] It does not bear and display upon such vehicle, in a location prescribed by the Commissioner of Motor Vehicles, a current registration from the State of New 17 Town of Ithaca PC1CodeBook for Windows York or other recognized registering jurisdiction; or [2] It does not bear and display upon such vehicle, in a location prescribed by the Commissioner of Motor Vehicles, an inspection certificate issued within the last 12 months in accordance with the laws of the State of New York or the laws of any other recognized inspecting jurisdiction if required for use on public highways; or [3] Such vehicle is not able to be moved by its own power. [4] Notwithstanding the foregoing, the following vehicles are allowed to be kept outside a building: [a] Farm vehicles that meet criteria [1] and/or [3] above,provided they have been registered within the last 12 months; and [b] A private vehicle meeting criteria [1], [2] and/or [3] above that is offered for sale for no longer than a ninety-day period,provided that no more than one private vehicle meeting criteria [1], [2] and/or [3] above may be offered for sale on any parcel within any twelve-month period. (2) Such list of examples is not exclusive and is not in limitation of the prohibition contained in this section. B. Except to the extent that a health, safety or fire hazard is found to exist, or if the storage of such items would constitute a nuisance, it shall not be a violation of this chapter to maintain on real property items of the kind and nature set forth in Subsection A above if such items are stored inside a building or if they are stored in such manner that they are not visible to neighboring properties or from a highway. C. Notwithstanding the foregoing Subsection B, outside storage in a front yard of items of the kind and nature set forth in subsection A above is prohibited. "Front yard" shall have the same definition as "yard, front" in Chapter 270, Zoning, of the Town of Ithaca Code.°"'EN § 205-3. Penalties for offenses. A. A violation of this chapter shall be a violation as defined in § 10.00 of the Penal Law of the State of New York and shall be punishable by a fine not to exceed$500 or a sentence of imprisonment not to exceed 15 days, or both. B. Persons and other entities that violate a provision of this chapter shall be liable for a civil penalty of up to $500 for each such violation. Each day a violation exists shall constitute a separate violation. The Attorney for the Town or his or her designee may commence an action or special proceeding against the violator in a court of competent jurisdiction to collect these penalties, together with costs, disbursements and recoverable attorneys' fees, and/or to compel compliance with this chapter or restrain by injunction any such violation. C. Violations of the State Property Maintenance Code shall be punishable as set forth in § 382 of the Executive Law of the State of New York. § 205-4. Enforcement. A. This chapter shall be enforced by the Director of Code Enforcement or any other person designated by the Town Board, and their duly appointed deputies, all herein collectively referred to from time to time as the "Code Enforcement Officer." The Code Enforcement Officer of the Town of Ithaca is hereby authorized to enforce the provisions of this chapter, 18 Town of Ithaca PC1CodeBook for Windows the Executive Law of the State of New York, and the State Property Maintenance Code, each as now exists or as hereafter amended, reauthorized, or recodified. B. Upon receiving a complaint or upon any inspection of a property, the Code Enforcement Officer shall determine whether or not there appears to be a violation of this chapter and/or the State Property Maintenance Code. Upon finding or making a determination that this chapter and/or the State Property Maintenance Code has been or is being violated, the Code Enforcement Officer shall give the owner of the real property, and may also give an occupant of the real property, and/or the person having control of said real property charged with the maintenance of the property, written notice of such violation or noncompliance, and such notice shall be called and labeled as a "Failure to Maintain Property Notice" (herein, the "FMPN"). (1) Such FMPN shall contain: (a) A brief description of the premises, and for this purpose a street address is sufficient; (b) The nature and existence of the violation; (c) The provision(s) of this chapter and/or the State Property Maintenance Code that has been or is being violated; (d) An order that the violation be terminated or corrected; (e) A date by which compliance is mandated; and (f) A date by which the owner, occupant or person having control may object in writing to the notice, which objection(s) shall be deemed to be a request for a hearing before the Zoning Board of Appeals of the Town of Ithaca, established pursuant to Chapter 270, Zoning, of the Town of Ithaca Code. Such objection or request for a hearing may be filed to appeal the determination of noncompliance, the date mandated for compliance, the terms and conditions of any order for compliance, or for a variance from the requirements of this chapter, or for any other reason. (2) Written notice of the FMPN shall be considered given when: (a) Personally served upon the owner, and(where they are also recipients of the FMPN, as the case may be) any other known occupant or person having control of such real property in the Town of Ithaca who is required to maintain the property; and (b) After also mailing the same by regular and certified mail to the owner's address as reflected in the last completed official assessment roll and to the address for the real property so affected. C. If the owner, or other occupant or person having control of real property in the Town of Ithaca, fails to remedy the violation by the date upon which compliance is mandated and fails to request a hearing by the date specified in the FMPN, the Code Enforcement Officer shall cause a compliance and remediation plan to be presented to and approved by the Town Board, and the Town shall, through such plan, cause the condition to be corrected through the use of reasonably efficient and cost-effective measures to keep the expenses low and reasonable in respect to the nature of the violation and the measures needed to effect compliance with this chapter(including any necessary remediation activities). After the condition has been corrected, the Code Enforcement Officer shall file with the Accounting Department of the Town of Ithaca a statement of all the direct costs of the same, together with a 50% surcharge as compensation to the Town of Ithaca for administering, supervising, and handling said work in accord with the provisions of this chapter. The Accounting Department will verify the cost and prepare a verified statement(herein, the "Verified Statement") and file the same in the Office of the Town Clerk. The Verified Statement shall 19 Town of Ithaca PC1CodeBook for Windows itemize and clearly state the specific amount claimed due and be delivered by: (1) Personally serving the same upon the owner, and(where they were also recipients of the FMPN, as the case may be) any other known occupant or person having control of such real property in the Town of Ithaca who is required to maintain the property; and (2) Mailing the same by regular and certified mail to the owner's address as reflected in the last completed official assessment roll and to the address for the real property so affected. D. Any person aggrieved by the filing of a Verified Statement may file a written objection thereto and request a hearing by the Town Board to challenge the validity of the Verified Statement or to determine the actual or reasonable costs of compliance or remediation incurred by the Town of Ithaca as listed in the Verified Statement. Such objection must be filed within 30 days of service and mailing of Verified Statement. Notice of the date of the hearing before the Town Board shall be served by: (1) Personally serving the same upon the objecting party and the owner, if different; and (2) Mailing the same by regular and certified mail to the objecting party's and the owner's address (again, if different) as reflected in the last completed official assessment roll and to the address for the real property so affected. E. Absent any objection or request for a hearing, if the sum stated in the Verified Statement as due is not paid within 30 days of the date of service of the Verified Statement, the Town may file a certificate with the Tompkins County Department of Assessment stating the cost of abatement and administrative costs to the Town, as detailed in the Verified Statement, together with a statement identifying the property and landowner. The Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner,by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The assessment of such costs shall be effective even if the property would otherwise be exempt from real estate taxation. F. If an objection or request for a hearing upon the FMPN is filed within the date by which the owner, or other occupant or person having control of real property in the Town of Ithaca, may object to the notice or request a hearing, then the owner, or other occupant or person having control of real property in the Town of Ithaca charged with the maintenance of the property, shall be served with a written notice(as aforedescribed) of the time and place that the hearing before the Zoning Board of Appeals of the Town of Ithaca will take place. This hearing before the Zoning Board of Appeals of the Town of Ithaca shall be held not less than 30 days, nor more than 60 days, after the objection or request for a hearing is filed, and the determination of the Zoning Board of Appeals of the Town of Ithaca shall be made and issued to the objecting party and the owner of the subject property, if different, by: (1) Personally serving the same upon the objecting party and the owner, if different; and (2) Mailing the same by regular and certified mail to the objecting party and the owner (again, if different) to said person's address(es) as provided to the Zoning Board of Appeals of the Town of Ithaca or as reflected in the last completed official assessment roll, and to the address for the real property so affected. G. If, upon the completion of the appeal to the Zoning Board of Appeals of the Town of Ithaca, the Zoning Board of Appeals of the Town of Ithaca denies the appeal or sets conditions of a 20 Town of Ithaca PC1CodeBook for Windows variance, and the owner, or other occupant or person having control of real property in the Town of Ithaca charged with the maintenance of the property, fails, neglects, or refuses to terminate or correct the violation, or fails to abide by the conditions of the variance set by the Zoning Board of Appeals within 30 days of the decision being filed with the Town Clerk, then the Code Enforcement Officer shall cause the condition to be corrected through the use of reasonably efficient and cost-effective measures to keep the expenses low and reasonable in respect of the nature of the violation and the measures needed to effect compliance with the law (including any necessary remediation activities). After the condition has been corrected, the Code Enforcement Officer shall then file with the Accounting Department of the Town of Ithaca a statement of all the direct costs of the same, together with a 50% surcharge as compensation to the Town of Ithaca for administering, supervising and handling said work in accord with the provisions of this chapter. The Accounting Department will verify the cost and prepare a Verified Statement and file the same in the Office of the Town Clerk. The Verified Statement shall itemize and clearly state the specific amount claimed due and be delivered by: (1) Personally serving the same upon the owner, and(where they were also recipients of the FMPN, as the case may be) any other known occupant or person having control of such real property in the Town of Ithaca who is required to maintain the property; and (2) Mailing the same by regular and certified mail to the owner's address as reflected in the last completed official assessment roll and to the address for the real property so affected. H. If an objection or request for a hearing upon the Verified Statement is filed within the date by which the owner, or other occupant or person having control of real property in the Town of Ithaca, may object to such notice, then the owner and objecting party, if different, shall be served with written notice(as aforedescribed) of the time and place that the hearing before the Town Board will take place. (1) This hearing before the Town Board shall be held not less than 30 days, nor more than 60 days, after the objection or request for a hearing is filed, and the determination of the Town Board shall be made and issued to all parties and the owner of the subject property by: (a) Personally serving the same upon the objecting party and the owner, if different; and (b) Mailing the same by regular and certified mail to the objecting party and the owner (again, if different) to said person's address(es) as provided to the Town Board or as reflected in the last completed official assessment roll, and to the address for the real property so affected. (2) If the Town Board upholds the Verified Statement, and if the sum stated in the Verified Statement is not paid within 30 days of the date of the Town Board's determination, then the Town may file a certificate with the Tompkins County Department of Assessment stating the cost of abatement and administrative costs to the Town, as detailed in the Verified Statement, together with a statement identifying the property and landowner. The Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs upon such property. Such amount shall be included as a special ad valorem levy(administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The 21 Town of Ithaca PC1CodeBook for Windows assessment of such costs shall be effective even if the property would otherwise be exempt from real estate taxation. (3) If the Town Board rules that the amount of the Verified Statement shall be adjusted downward, and if the adjusted costs of abatement and administrative costs are not paid within 30 days of the date of the determination of the Town Board, then the Town may file a certificate with the Tompkins County Department of Assessment stating the cost of abatement and administrative costs to the Town, as detailed in the Verified Statement, together with a statement identifying the property and landowner. The Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The assessment of such costs shall be effective even if the property would otherwise be exempt from real estate taxation. (4) If the Town Board invalidates the Verified Statement, or makes such other determination as to preclude the validity or enforceability of the Verified Statement, then the Town of Ithaca shall not seek to enforce the Verified Statement by collection or assessment, and instead shall take such actions as are allowed by law to compel compliance with this chapter and the State Property Maintenance Code, including,but not limited to, the pursuit of civil or criminal enforcement actions, or by reissuance of a FMPN, if applicable. The Town Board shall not have the authority to increase the amount claimed due or owing upon any Verified Statement until and unless a new or amended Verified Statement is generated in accordance with the substantive and procedural requirements of this chapter. L The Town's rights to carry out compliance and remediation plans and to recover the costs from the landowner are in addition to all other rights and remedies allowed by this chapter or by law or in equity. § 205-5. Variance procedures. The Zoning Board of Appeals established pursuant to Chapter 270, Zoning, of the Town of Ithaca Code may grant variances from the application of this chapter upon the following conditions: A. Any variance shall be prospective in its application and shall not relieve any person from the fines and penalties for violating this chapter by conditions that existed prior to the granting of the variance. B. An application for a variance shall be submitted to the Building and Code Enforcement Department in a form substantially indicating the name and owner of the real property, the nature of the condition for which a variance waiver is sought, and the reasons for which a variance is sought. C. The applicant shall pay the Town the same fee as that set from time to time by Town Board resolution for appeals to the Zoning Board of Appeals for area variances from zoning requirements. D. The Zoning Board of Appeals shall hold a public hearing on the application and shall publish 22 Town of Ithaca PC1CodeBook for Windows legal notice of said public hearing at least five days prior to its date. The Zoning Board of Appeals notice of said application shall also be given to all landowners owning property adjoining the property for which a variance is sought. The Zoning Board of Appeals notice that a variance is sought shall also be posted on the property in accordance with the posting provisions of§ 270-237 of the Town of Ithaca Code. E. The Zoning Board of Appeals may grant a variance if it determines that the benefit to the applicant, if the variance is granted, outweighs the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board may consider, among other matters: (1) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; (2) Whether the benefits sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; (3) Whether the requested variance is substantial; (4) Whether the requested variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or zoning district; (5) Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals but shall not necessarily preclude the granting of the variance; (6) Whether the compliance order can or will substantially interfere with the use or enjoyment of the real property; (7) Whether granting the variance would be in keeping with the intent and spirit of this chapter and is in the best interests of the community; and (8) Whether there are special circumstances involved in the particular case, and such circumstances are recited in the minutes. F. The Zoning Board of Appeals, if it chooses to grant the variance, shall grant the minimum degree of variance as it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. G. The Zoning Board of Appeals shall, in the granting of such variance, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property and/or the period of time such variance shall be in effect. Such conditions may include a time limit on the variance, including a time variance related to the occupancy of the premises by the applicant. Such conditions shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community. H. All procedures relating to applications for, hearings upon, determinations upon, and all other related procedural matters pertaining to variances, shall be in accordance with the procedures outlined for area variances in New York Town Law Article 16 and Chapter 270 of the Town of Ithaca Code, except to the extent expressly provided otherwise herein or superseded hereby. To the extent not so provided, any other procedure shall be administratively adopted by the Zoning Board of Appeals, approved by the Town Board, and published in the official Minutes of the Town Board of the Town of Ithaca. L The actions and determinations of the Town of Ithaca, the Zoning Board of Appeals, the Town Board, and the Code Enforcement Officer, as referenced in this chapter, shall be deemed final determinations for purposes of Article 78 of the New York Civil Practice Laws 23 Town of Ithaca PC1CodeBook for Windows and Rules (CPLR). Notwithstanding this, standing under said Article 78 of the CPLR shall only be appropriate after the exhaustion of any administrative reviews and/or appeals as provided for in this chapter. Chapter 225, SPRINKLER SYSTEMS ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... [HISTORY: Adopted by the Town Board of the Town of Ithaca 7-11-1988 by L.L. No. 7-1988. Amendments noted where applicable.] GENERAL REFERENCES Building construction and fire prevention--See Ch. 125. Property maintenance--See Ch.205. § 225-1. Applicability. This chapter shall apply to all parts of the Town of Ithaca outside the Village of Cayuga Heights. § 225-2. Definitions and word usage. A. As used in this chapter, the following terms shall have the meanings indicated: APPROVED SPRINKLER SYSTEM --A sprinkler system that meets the requirements of the New York State Uniform Fire Prevention and Building Code and the standards of the National Fire Protection Association or other nationally recognized approval organization, as determined by the Town Code Enforcement Officer. Such system, to be approved, shall meet all standards of installation and operation as prescribed by such approval bodies and the manufacturer of the system. Any such installation and the operation thereof shall be also subject to the approval of the Town of Ithaca Building Inspector. [Amended 4-12-2010 by L.L. No. 3-2010] SMOKE DETECTOR -- A smoke detector approved by the Town of Ithaca Building Inspector. Such approval shall be given by such officer if the smoke detector, as installed, whether battery-powered or hard-wired, meets the requirements of the New York State Uniform Fire Prevention and Building Code, the National Fire Protection Association, or other nationally recognized approval organizations as determined by the Town Building Inspector. [Added 10-1-1990 by L.L. No. 10-1990] B. All other terms shall have their commonly understood meanings. Where there is an ambiguity in the commonly understood meaning of a word reference shall be made to the definitions contained in Chapter 270, Zoning, of the Code of the Town of Ithaca, and the New York State Uniform Fire Prevention and Building Code. Where there is a conflict in definition between such Chapter 270, Zoning, and such Building Code, the definitions contained in Chapter 270, Zoning, shall control. [Added 11-10-1988 by L.L. No. 10-1988] § 225-3. New buildings required to have sprinkler systems. A. All classifications of buildings listed below, which buildings are constructed after the effective date of this chapter, shall be required to have approved sprinkler systems installed and operational: (1) Multiple dwellings (except no system will be required in enclosed closets 50 square feet 24 Town of Ithaca PC1CodeBook for Windows or less in area and in bathrooms). (2) Office buildings. (3) Administrative buildings. (4) Bank buildings. (5) Professional buildings. (6) Retail and personal service buildings (mercantile). (7) Industrial buildings. (8) Storage buildings. (9) Amusement park buildings. (10)Armories. (11)Art galleries. (12)Assembly halls. (13)Auditoriums. (14)Bathhouses. (15)Bowling alleys. (16)Club rooms. (17)Coliseums and stadiums. (18)Courtrooms and buildings. (19)Dance halls. (20)Exhibition halls or buildings. (21)Gymnasiums. (22)Indoor tennis courts or other sport courts. (23)Lecture halls. (24)Libraries. (25)Lodge halls or rooms. (26)Hotels. (27)Motels. (28)Lodging and boarding houses (including bed-and-breakfast establishments). (29)Motion-picture theaters. (30)Museums. (31)Nightclubs. (32)Recreation centers. (33)Restaurants. (34) Skating rinks. (35)Theaters. (36)Churches, synagogues and similar places of worship. (37) Schools, colleges and similar places of education including dormitories. (38)Outpatient clinics. (39)Day-care centers. (40)Any building in which child care is provided for hire for more than three children unless smoke detectors are provided in all rooms of the facility(except kitchens,bathrooms, and enclosed closets of 50 square feet or less in area), in which event no sprinkler system shall be required unless child care is provided for hire for more than 14 children. The exceptions permitted by this subsection shall not alter the requirements for sprinkler systems in day-care centers. [Amended 10-1-1990 by L.L. No. 10-1990; 11-7-1995 by L.L. No. 11-1995] 25 Town of Ithaca PC1CodeBook for Windows (41)Clinics. (42)Hospitals. (43)Infirmaries. (44) Sanatoriums. (45)Boathouses. (46)Nursing homes. (47)Nightclubs. (48)Group homes. (49)Halfway houses. (50)(Reserved)'XEN (51)Any other buildings, except detached one- and two-family dwellings, the use of which includes regular overnight sleeping by human occupants.XEN [Amended 11-10-1988 by L.L. No. 10-1988] § 225-4. Building permit. A. No building permit shall be issued for the construction of any new building, structure or portion required to have an approved sprinkler system pursuant to this chapter unless an approved sprinkler system is included in the plans for such construction submitted for the building permit. B. If an application for a building permit for repairs, conversions, alterations, additions to, or for removal of, an existing building is submitted; and the building, upon completion of the work for which the building permit is sought, is or will be a building listed in § 225-3; and by reason of the work identified in the building permit application, the entire building would normally thereafter have to be in compliance with Subchapter B of the New York State Uniform Fire Prevention and Building Code or any similar successor statute (e.g., if the cost of alterations exceeds 50% of the replacement cost of the building), such building permit shall not be issued unless an approved sprinkler system is included in the plans for the work submitted for the building permit. [Amended 9-13-1999 by L.L. No. 8-1999] § 225-5. Certificate of occupancy. No certificate of occupancy shall be issued for occupancy or use of any building, structure, or portion thereof, required to have an approved sprinkler system unless such system is installed, inspected, tested and approved to the satisfaction of the Town of Ithaca Building Inspector. § 225-6. Exception. [Amended 4-12-2010 by L.L. No. 3-2010] Notwithstanding the terms of this chapter, sprinklers shall not be required to be installed in spaces where the discharge of water would be hazardous. In such places, other fire-extinguishing equipment shall be provided that meets the requirements of the New York State Uniform Fire Prevention and Building Code and the standards of the National Fire Protection Association or other nationally recognized approval organization, as determined by the Town Code Enforcement Officer. § 225-7. Penalties for offenses. 26 Town of Ithaca PC1CodeBook for Windows A. Failure to comply with any provision of this chapter shall be deemed a violation and the violator shall be liable for a fine up to $100, or imprisonment not to exceed 30 days, or both, and each day such violation continues shall constitute a separate violation. The Building Inspector is hereby authorized to issue an appearance ticket for any violation of this chapter pursuant to Chapter 9, Appearance Tickets, of the Code of the Town of Ithaca and any successor statutes. B. An action or proceeding in the name of the Town of Ithaca may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this chapter, or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law. § 225-8. Variances. A. Where practical difficulties or unnecessary hardship may result from enforcement of the strict letter of any provision of this chapter applications for variances consistent with the spirit of this chapter may be made to and acted upon by the Zoning Board of Appeals of the Town of Ithaca. The Board is empowered to grant a variance when the Board has found: (1) The application of the strict letter of this chapter would create a practical difficulty or unnecessary hardship for the applicant. (2) The omission of an approved sprinkler system from all or part of a building will not significantly jeopardize human life. B. In granting any variances the Zoning Board of Appeals may impose such conditions as such Board may reasonably determine necessary to mitigate the consequences of the omission of an approved sprinkler system from all or any part of a building, including the requirement that alternative forms of fire extinguishing equipment be provided or a requirement of additional alarms or other devices to ameliorate the effects of having no sprinkler systems. § 225-9. Administration. The requirements set forth in this chapter shall be in addition and shall supplement the requirements set forth in Chapter 125, Building Construction and Fire Prevention, of the Code of the Town of Ithaca. The plans, specifications, rating body approvals and other materials required by the Building Inspector relating to the sprinkler systems shall be submitted to the Building Inspector in conjunction with an application for a building permit pursuant to said Chapter 125 and pursuant to Chapter 270, Zoning, of the Code of the Town of Ithaca. § 225-10. Mixed use buildings. [Added 10-1-1990 by L.L. No. 10-1990] If there is more than one use in a building, and one of the uses in the building requires sprinklers, the entire building shall have sprinklers installed. Chapter 270, ZONING ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... [HISTORY: Adopted by the Town Board of the Town of Ithaca 12-8-2003 by L.L. No. 7-2003. Amendments noted where applicable.] 27 Town of Ithaca PC1CodeBook for Windows GENERAL REFERENCES Appearance tickets--See Ch.9. Conservation Board--See Ch.23. Adult uses--See Ch. 100. Agricultural assessments--See Ch. 104. Building construction and fire prevention--See Ch. 125. Unsafe buildings--See Ch.129. Environmental quality review--See Ch.148. Fees--See Ch.153. Flood damage prevention--See Ch. 157. Freshwater wetlands--See Ch. 161. Property maintenance--See Ch.205. Signs--See Ch.221. Subdivision of land--See Ch.234. Special land use districts--See Ch.271. ARTICLE I, Title § 270-1. Title. This chapter shall be known as the "Town of Ithaca Zoning Ordinance" whether adopted as an ordinance or local law. Hereinafter, this law is sometimes referred to as "this chapter." ARTICLE II, Purpose § 270-2. Purpose. This chapter is adopted pursuant to the laws of the State of New York in order to protect and promote the health, safety and welfare of the community. Among other purposes this chapter is intended to prevent the overcrowding of lands, to avoid undue concentration of population, to facilitate the adequate provisions of transportation, water, sewage disposal, schools,parks, and other public requirements, to consider the value of property, and to establish zones in which regulations concerning the use of lands and structures, the density of development, the amount of open space that must be maintained, size of yards, the provision of parking and control of signs, and other provisions will be set forth to encourage the most appropriate development of the Town in accordance with the Comprehensive Land Use Plan of the Town of Ithaca as the same may be amended and updated by the Town. ARTICLE III, Terminology § 270-3. Word usage. 28 Town of Ithaca PC1CodeBook for Windows For the purposes of this chapter certain terms and words shall be interpreted as follows: A. Unless otherwise specifically defined herein or otherwise indicated, all words used in this chapter shall carry their customary meanings. B. Words used in the present tense include the future. C. The plural usage includes the singular. D. The word "shall" is mandatory. E. The word"may" is permissive. F. The word "lot" includes the word "plot" or "parcel." G. The words "occupied" or "used" shall be considered as though followed by the words "or intended, arranged, or designed to be used or occupied." H. The words "he," or "she" includes the opposite gender and in both instances includes the word"it." § 270-4. Controlling regulation. Where provisions of this chapter impose greater restrictions than those of any statute, other ordinance, law, or regulation, the provisions of this chapter shall be controlling. When the provisions of any statute, other ordinance, law, or regulation impose greater restrictions than this chapter, the provisions of such other statute, ordinance, law, or regulation shall be controlling. § 270-5. Definitions. For the purpose of this chapter certain words and terms shall have the following meanings unless the context otherwise requires: ADULT CARE FACILITY --An establishment for adults which provides for hire residential care and services to adults who,by reason of choice,physical or other limitations associated with age,physical or mental disabilities or other factors, are unable or substantially unable to live independently or choose not to live independently. Such establishment includes an adult care facility as defined in the New York Social Services Law which has received and continues to maintain a validly issued operating permit as an adult care facility from New York State Department of Social Services or a County Department of Social Services. Such definition also includes retirement homes and communities which provide residences for the elderly with some supportive services. ADULT DAY-CARE FACILITY -- An establishment for adults which provides for hire day-care services to adults who,by reason of physical or other limitations associated with age, physical or mental disabilities or other factors, are unable or substantially unable to live independently without supervision. ADULT ENTERTAINMENT BUSINESS -- A business involving one or more of the following: A. Adult arcades where, for any form of consideration, one or more motion-picture projectors, slide projectors, video cassette players, computers, or similar machines, for viewing by five or fewer persons each are used to show films, motion pictures, video cassettes, slides, computer generated images, or other photographic reproductions, which are characterized by emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. B. Adult bookstores which have as a substantial(50% or more)portion of its stock-in-trade and offers for sale, for any consideration, any one or more of the following: 29 Town of Ithaca PC1CodeBook for Windows (1) Books, magazines,periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, slides or other visual representations, which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, or (2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. C. Adult cabarets meaning any nightclub,bar(including establishments which do not serve alcoholic beverages),restaurant, or similar establishment, which regularly features live performances characterized by exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes, slides or other photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. D. Adult motion-picture theater where, for any form of consideration, films, motion pictures, video cassettes, slides or other photographic reproductions are regularly shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. E. Adult theater meaning a theater, concert hall, auditorium or similar establishment which, for any form of consideration,regularly features live performances in which a substantial portion of the total presentation time is devoted to the exposure of specified sexual activities or specified anatomical areas. F. Massage parlor where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment or manipulation of the human body is administered, unless by a medical practitioner, chiropractor, acupuncturist,physical therapist, licensed massage therapist, or similar professional person licensed by the state. This definition shall not be deemed to include an athletic club,health club, school, gymnasium,reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service. G. Peep show where, for any form of consideration, persons may observe from individual enclosures shows which regularly feature live performances characterized by exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes, slides, computer generated images, or other photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. ALTERATION A. As applied to a building or structure: (1) An enlargement by increasing in height or by extending on a side, front, or back; (2) Moving from one location or position to another; (3) Any change, addition, or removal of the structural parts; or (4) Any change, addition, or removal of partitions, or any change in walls, ceiling, windows, or doors. B. The term "ALTER," in its various modes and tenses and its participial form, refers to the making of an alteration. AMATEUR RADIO FACILITIES -- Structures and equipment used by amateur radio operators who are licensed by the Federal Communications Commission, including antennas, towers, rotors, mounts, guy wires and anchors,but this term shall not include mobile equipment that is 30 Town of Ithaca PC1CodeBook for Windows contained in a car or other motor vehicle or is completely portable and not affixed in any manner to realty(the exception for mobile equipment does not extend to any antennas attached, directly or indirectly, such as on a tower or other structure, to realty or to other facilities used in connection with such mobile equipment). [Added 8-13-2007 by L.L. No. 7-2007] BASEMENT -- That portion of a building that is partly or completely below grade and is not considered a "story above grade," as that term is defined in this section. [Amended 10-19-2009 by L.L. No. 13-2009] BED-AND-BREAKFAST --A building originally built and used as a dwelling other than a hotel or motel in which accommodations for transients are regularly offered for compensation and which accommodations include provision of at least one meal, and in which building no more than four bedrooms are utilized for such accommodations. BOAT -- A vehicle designed for travel in or on water. [Added 7-13-2009 by L.L. No. 10-2009] BOAT LAUNCH/RAMP -- Facility to launch and retrieve boats. [Added 7-13-2009 by L.L. No. 10-2009] BOAT LIFT/BOAT HOIST -- Any mechanical device used to raise or lift a boat out of the water for waterside storage or storage above the water's surface. [Added 7-13-2009 by L.L. No. 10-2009] BUILDING -- A structure having a roof supported by columns or by walls and intended for shelter, housing,protection or enclosure of persons, animals or property. BUILDING, ACCESSORY -- A detached building subordinate and clearly incidental to the principal building on the same lot and used for purposes customarily incidental to those of the principal building. BUILDING AREA -- The total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps. BUILDING CODE -- The New York State Uniform Fire Prevention and Building Code (9 NYCRR Part 600 et seq.) as the same may be amended from time to time, and any successor regulations, laws or codes. BUILDING LINE -- The line formed by the intersection of the vertical plane that coincides with the most projected exterior point of a building on any side and the ground. Front, side, and rear building lines are respectively the building lines closest to the highway right-of-way, side property line and rear property line. BUILDING-MOUNTED SMALL WIND ENERGY FACILITY --A small wind energy facility that is specifically designed for installations on the roofs, sides or other elevated surfaces of buildings. [Added 8-11-2008 by L.L. No. 13-2008] BUILDING, PRINCIPAL -- A building within which is conducted the primary uses of the lot on which the building is located. CATERER -- A person or enterprise that prepares food for hire for consumption predominantly off premises. CELLAR -- That space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling,below the average finished grade of the ground adjoining the building. CHILD DAY-CARE CENTER -- A facility, home, or other establishment defined as a child day-care center in § 390 of the Social Services Law providing child care for seven or more children for hire licensed by the New York State Department of Social Services at which day care is provided for hire, and which is not a school, day-care home, family day-care home, or group family day-care home. (See also "day-care home," "family day-care home," "group family 31 Town of Ithaca PC1CodeBook for Windows day-care home.") CLINIC -- A building or any part of a building which is used for the group practice of medicine by several physicians in which certain facilities other than reception are shared by the occupants and in which patients are diagnosed or treated by physicians practicing as a group. CLUBHOUSE or LODGE -- A building or premises used exclusively by members of an organization and their guests which premises or buildings are devoted to recreational or athletic purposes, not primarily conducted for gain. It excludes commercial and merchandising activities for other than its own membership. COMMERCIAL COMPOSTING FACILITY --A facility which accepts materials for composting from locations other than the property on which the facility is located. A commercial composting facility does not include composting facilities where the materials deposited for composting originate solely from the property on which the facility is located, or from a property on which activities are conducted by the owner of the composting facility that are related to the activities that are conducted on the property on which the facility is located. [Added 8-1-2005 by L.L. No. 7-2005] COMMUNITY RESIDENCE --A facility for adult residents operated by or subject to licensure by the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities of the State of New York defined as a Community Residence in the Mental Hygiene Law. DAY-CARE HOME -- A facility, home, or other establishment at which day care is provided for hire for more than three hours per day per child for no more than two children. DEER FENCE -- A fence commonly used to protect gardens, vegetation and yards from deer and constructed so that at least 85% of its face is open when viewed from a position that is at a right angle to the fence. Notwithstanding the foregoing, chain link fences shall not be considered deer fences under this chapter even if they meet the criteria in this definition. [Added 11-9-2009 by L.L. No. 14-2009] DOCK --A structure built over or floating upon the water and used as a landing place for boats, fishing, swimming or other uses. [Added 7-13-2009 by L.L. No. 10-2009] DOMESTIC ANIMALS -- Domesticated horses,ponies, donkeys, sheep, cattle, llamas, goats, pigs, ducks, geese, chickens, swans, turkeys,rabbits, cats, dogs, or other domesticated animals found to be of a similar nature by the Zoning Board of Appeals, kept and maintained for personal use rather than for commercial uses, and not generally available for sale. DRIVE-THROUGH OR DRIVE-IN FACILITY --An establishment or facility that by design of physical facilities permits customers to receive a service or obtain a product(including food) while remaining in a motor vehicle on the premises. DWELLING --A building designed or used primarily as the living quarters for one or more families. DWELLING UNIT -- A dwelling, or portion of a dwelling,providing complete living facilities for one family. ELDER COTTAGE -- A separate, detached, temporary one-family dwelling, accessory to a one- or two-family dwelling on a lot erected and occupied in accordance with the provisions of § 270-216 of this chapter. EQUESTRIAN FACILITY A. A facility available to the public providing one or more of the following services for compensation: (1) Horse-riding lessons. 32 Town of Ithaca PC1CodeBook for Windows (2) Horse training. (3) Leasing of horses. (4) Boarding of horses. (5) Sale of horses other than an occasional sale of a horse owned and used solely for personal purposes by the owner of noncommercial facility. B. For the purpose of this definition, a pony or donkey shall be included in the term "horse." FAMILY A. An individual, or B. Two or more persons occupying a single dwelling unit, related by blood, marriage, or legal adoption, living and cooking together as a single housekeeping unit, or C. Two unrelated persons, occupying a single dwelling unit, living and cooking together as a single housekeeping unit. D. Notwithstanding the provisions of Subsection C of this definition, a group of unrelated persons numbering more than two shall be considered a family upon a determination by the Zoning Board of Appeals that the group is a functional equivalent of a family pursuant to the standards enumerated in Subsection F herein. E. Before making a determination whether a group of more than two unrelated persons constitutes a family for the purpose of occupying a dwelling unit, as provided for in Subsection D of this definition, the Zoning Board of Appeals shall hold a public hearing, after public notice, as is normally required for the obtaining of a variance. The fee for such an application shall be the same as is required for an application for a variance. Said application shall be on a form provided by the Zoning Board of Appeals or Zoning Enforcement Officer. F. In making a determination under Subsection D the Board of Appeals shall find: (1) The group is one which in theory, size, appearance and structure resembles a traditional family unit. (2) The group is one which will live and cook together as a single housekeeping unit. (3) The group is of a permanent nature and is neither merely a framework for transient or seasonal (including as "seasonal" a period of an academic year or less) living, nor merely an association or relationship which is transient or seasonal in nature. In making this finding, the Zoning Board of Appeals may consider, among other factors, the following: (a) Whether expenses for preparing of food,rent or ownership costs, utilities, and other household expenses are shared and whether the preparation, storage and consumption of food is shared. (b) Whether or not different members of the household have the same address for the purposes of: [1] Voter registration. [2] Driver's license. [3] Motor vehicle registration. [4] Summer or other residences. [5] Filing of taxes. (c) Whether or not furniture and appliances are owned in common by all members of the household. (d) Whether or not any children are enrolled in local schools. (e) Whether or not householders are employed in the local area. 33 Town of Ithaca PC1CodeBook for Windows (f) Whether or not the group has been living together as a unit for an extended period of time, whether in the current dwelling unit or other dwelling units. (g) Any other factor reasonably related to whether or not the group of persons is the functional equivalent of a traditional family. (4) In making determinations under this definition, the Zoning Board of Appeals shall not be required to consider the matters set forth in § 270-200 of this chapter. G. Lesser permitted number. (1) Notwithstanding the provisions elsewhere provided herein, if the following limitations result in a lesser permitted number of occupants than would be permitted under the definition of family set forth above and the regulations of each zone set forth later in this chapter, the number of occupants, related or otherwise, shall not exceed the maximum numbers determined on the basis of habitable space of each dwelling unit as follows: (a) A minimum of 150 square feet of habitable space for the first occupant; and (b) 80 square feet of habitable space for each additional person in each dwelling unit. (2) In no case shall the enclosed floor area be less than required by § 270-220 of this chapter. (3) Areas utilized for kitchenettes,bath, toilet, storage, utility space, closets, and other service or maintenance space shall be excluded in determining "habitable space." FAMILY DAY-CARE HOME -- A facility,home, or other establishment, defined as a family day-care home in § 390 of the Social Services Law, at which day care is provided for hire for generally three to six children and which is registered with the Tompkins County Department of Social Services and is operated in accordance with the state and county regulations governing operations of a family day-care center. FAMILY-TYPE HOME FOR ADULTS -- An adult care facility providing services to four or fewer adult persons unrelated to the operator, all as defined as a family-type home for adults in the New York Social Services Law § 2. FARM --Any parcel of land containing at least three acres which is used in the raising of agricultural products, such as crops, livestock,poultry, and dairy goods. It includes structures necessary to the production and storage of agricultural products and equipment and on-farm buildings used for preparation or marketing of products produced, or derived from products produced,predominantly on the farm property on which the building is located subject to the limitations regarding roadside stands set forth in this chapter. [Amended 8-1-2005 by L.L. No. 7-2005] FARM RETREAT -- A farm which includes facilities for room and/or board for up to three people unrelated to the owner or operator of the farm, which people temporarily occupy farm premises and participate in the farming activities for the purposes of learning about farm life. FENCE or WALL -- Any human-made structure, including a gate that is part of the structure, that is designed to enclose land, divide land, mark a boundary, limit access to or direct passage across land, screen structures or land,protect against a potential hazard, or serve a decorative purpose. A freestanding arch or arbor shall not be considered a fence or wall even if it meets the criteria in this definition; an arch or arbor attached to a fence or wall shall be considered a part of the fence or wall. [Added 11-9-2009 by L.L. No. 14-2009] FLASHING SIGN -- Any illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color at all times. FOREST RESOURCE -- The various types of vegetation typically found in a forest, including trees, logs, saplings, brush, grass and other botanical forest products. [Added 7-11-2011 by L.L. 34 Town of Ithaca PC1CodeBook for Windows No. 10-2011] GARAGE -- A covered building used primarily for storage of automobiles and other similar motor vehicles. GRADE PLANE --A reference plane representing the average of the finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be the average of the lowest points within the area between the building and the lot lines or, where any lot line is more than six feet from the building, the reference plane shall be the average of the lowest points within the area between the building and a perimeter six feet from the building. [Added 10-19-2009 by L.L. No. 13-2009] GROUP FAMILY DAY-CARE HOME -- A facility,home, or other establishment defined as a group family day-care home in § 390 of the Social Services Law, licensed by the New York State Department of Social Services or by the Tompkins County Department of Social Services, at which day care is provided for hire for generally seven to 14 children and is operated in accordance with the state and county regulations governing operations of a group family day-care home. HEIGHT -- As it relates to a land-based structure other than a building, the distance measured from the lowest level or portion of the structure (slab or base) in contact with the ground surface to the highest point at the top of the structure. As it relates to a structure built over or floating upon water, the vertical distance measured from the ordinary high water level to the highest portion of the structure. [Amended 7-13-2009 by L.L. No. 10-2009] HEIGHT FROM LOWEST INTERIOR GRADE --As it relates to a building, the vertical distance measured from the surface of the lowest level (floor of a crawl space, basement floor, slab, or other floor, even if below exterior grade level) in contact with the ground surface to the highest point of the roof, excluding chimneys, antennae, and other similar protuberances. When the measurement of height from the lowest interior grade is made from the floor of a cellar the maximum permissible height from lowest interior grade shall be increased by four feet. This permitted increase shall not apply when the measurement is from any other floor, including a basement floor, slab or other floor. HEIGHT FROM LOWEST EXTERIOR GRADE --As it relates to a building, the vertical distance from the lowest point of the exterior finished grade adjacent to the wall of the building to the highest point of the roof, excluding chimneys, antennae and other similar protuberances. HOME OCCUPATION [Amended 2-12-2007 by L.L. No. 1-2007] A. A business conducted within a dwelling, or a building accessory thereto,by a resident of the dwelling, which is clearly incidental and secondary to the use of the property for residential purposes, and which is the type of business that is customarily conducted within a dwelling or building accessory thereto. B. Home occupations typically include, but are not limited to architects, attorneys, career consultants, carpenters, caterers, computer programmers, dentists, doctors, dressmakers, editors, electricians, engineers, financial consultants, hairdressers, insurance brokers, plumbers, realtors, teachers, translators and writers. HOSPICE -- A building other than a hospital or nursing home where more than two terminally ill persons are regularly lodged and furnished with meals and nursing care and which has been granted a certificate of approval to operate as a hospice pursuant to the Public Health Law or any successor regulating state law. HOSPITAL -- An establishment for temporary overnight occupation by sick or injured persons for the purpose of medical treatment licensed by the State of New York for such purposes. 35 Town of Ithaca PC1CodeBook for Windows [Amended 6-12-2006 by L.L. No. 9-2006] HOTEL or MOTEL -- A building containing rooms designed and originally planned to be rented or hired out for living or sleeping accommodations for transient occupancy. HOUSEHOLD PETS -- Domesticated dogs, cats,birds, fish, amphibians, reptiles, mice, ferrets, rabbits, hamsters, gerbils, and other domesticated small animals ordinarily kept as pets which eat and sleep within a dwelling unit occupied by a family. LOT -- Any area of land bounded by property lines which is not divided into parts by a public road or railroad. Each part of any area so divided by a road or railroad is considered an individual lot for zoning and subdivision purposes, but any further division of any such part shall occur only upon compliance with the applicable regulations of Chapter 234, Subdivision of Land, of the Code of the Town of Ithaca. [Amended 1-9-2006 by L.L. No. 1-2006] LOT AREA -- The area of a lot, excluding any portion of a public highway right-of-way that may be included within deed description of the lot. LOT DEPTH -- The distance between a point on a public highway right-of-way line and the rear of the lot measured perpendicularly from the street line. A lot need meet the minimum depth requirements set forth in this chapter at only one point and not uniformly throughout the lot's entire width. LOT LINE -- A property boundary of a lot, except where the property boundary is the center line or other portion of a public highway, in which event the property line is the highway right-of-way line. MARINA --A lakeshore business whose purpose includes the sale of boats, supplies and fuel; rental of boats, marine equipment, dock and mooring space; winter storage; service of boats and marine equipment; and/or provisions for boat access to the lake. [Amended 7-13-2009 by L.L. No. 10-2009] MINING -- The extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, sorting, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial, or construction use; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location; or any one of the above activities. Mining shall not include the excavation,removal and disposition of minerals from the site of, and incidental to, a construction project, or excavations incidental to bona fide agricultural activities provided, however, such excavations,removal or disposition are subject to obtaining fill permits if required as set forth in this chapter. For the purpose of this definition: A. MINERALS - Mean any naturally formed, usually inorganic, solid material located on or below the surface of the earth. "Minerals" include,but are not limited to,peat, topsoil, gravel, and stone. B. OVERBURDEN - Means all of the earth, vegetation and other solid materials which lie above or alongside a mineral deposit. [Amended 7-11-2011 by L.L. No. 10-2011] C. SPOIL and TAILINGS - Have the meanings given to them by Article 23 of the New York State Environmental Conservation Law or any similar or successor statute. MIXED USE -- A commercial facility with accessory residential facilities, the floor area (inclusive of all floors on all stories dedicated to the residential use) of which residential facilities is less than the floor area (inclusive of all floors on all stories dedicated to commercial use) of the commercial use, and which residential facilities are located elsewhere in the building 36 Town of Ithaca PC1CodeBook for Windows than on the street frontage of the ground floor. MOBILE HOME -- A transportable dwelling unit suitable for year-round occupancy. A mobile home is designed and built to be towed on its own chassis, comprised of frame and wheels, and connected to either public or private utilities. The unit may contain parts which may be folded, collapsed, or telescoped when being towed and expanded later to provide additional cubic capacity. A mobile home may also be designed as two or more separately towable components designed to be joined into one integral unit capable of again being separated into the components for repeated towing. This definition excludes travel or camping trailers towed by a motor vehicle and neither wider than eight feet nor longer than 32 feet. Self-propelled motor homes, or modular housing which is not built with an integral chassis and which must be transported on a separate vehicle from factory to housing site are also excluded from this definition. A mobile home shall be considered a one-family dwelling only for purposes of determining the number of occupants permitted. MOBILE HOME LOT -- A parcel of land used for the placement of a single mobile home and the exclusive use of its occupants. A mobile home lot shall be located in a mobile home park as defined by this chapter. MOBILE HOME PARK -- A parcel of land owned by an individual,partnership, or corporation which has been planned and improved for the placement of mobile homes. MOBILE HOME STAND -- That part of an individual mobile home lot which has been reserved and improved for the placement of the mobile home, appurtenant structures and additions. MOORING -- An uncovered floating or fixed structure on or under the water, such as a buoy or wooden pole, to which a boat or other objects on the water may be secured. [Added 7-13-2009 by L.L. No. 10-2009] MULTIPLE-FAMILY DWELLING -- A building or group of buildings on one lot containing three or more dwelling units. NATURAL AREA -- An area of land designated as a Critical Environmental Area, Unique Natural Area, or other similar environmental designation in accordance with regulations promulgated by the New York State Department of Environmental Conservation or any similar successor state agency, or by any other federal, state, or local governmental unit, and any area specifically designated as a Significant Natural Area by the Town Board of the Town of Ithaca after notice to the owner or owners of the area and a public hearing on such designation. NONCONFORMING USE -- A use of land existing at the time of enactment of this chapter and its amendments which does not conform to the zoning regulations of the district in which it is situated. NURSERY -- A lot or structure where trees, shrubs, flowering and other plants are cultivated, grown or stored and sold. NURSING OR CONVALESCENT HOME -- A building other than a hospital where sick or infirmed persons are lodged, furnished with meals and nursing care for hire and licensed by the State of New York. ONE-FAMILY DWELLING -- A detached building containing a single dwelling unit. ORDINARY HIGH WATER LEVEL -- The ordinary high water level for Cayuga Lake is 384 feet above sea level. [Added 7-13-2009 by L.L. No. 10-2009] ORDINARY HIGH WATER LINE -- The line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence 37 Town of Ithaca PC1CodeBook for Windows of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. [Added 9-10-2007 by L.L. No. 8-2007] PARKING SPACE -- An area for the temporary parking of a motor vehicle 180 square feet in size exclusive of the parking lot circulation areas. PUBLIC PARKING GARAGE -- A garage or other structure used for the parking of automobiles for the public for a fee on an itinerant basis. QUALIFIED SOLAR INSTALLER --A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. Persons who are not on NYSERDA's list of eligible installers or NABCEP's list of certified installers may be deemed to be qualified solar installers if the Town determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts. [Added 10-16-2006 by L.L. No. 11-2006] QUALIFIED WIND ENERGY INSTALLER --A person who has skills and knowledge related to the construction and operation of wind energy equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible wind installers maintained by the New York State Energy Research and Development Authority (NYSERDA) shall be deemed to be qualified wind energy installers. Persons who are not on NYSERDA's list of eligible wind energy installers may be deemed qualified wind energy installers if the Town determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to safely install wind energy components such as towers, inverters, and electrical wiring, to distinguish exposed energized parts from other parts of electrical equipment, and to determine the nominal voltage of exposed live parts. [Added 8-11-2008 by L.L. No. 13-2008] RETAINING WALL -- A human-made, vertical or inclined structure designed to restrict the movement of soil, fill material, or water, stabilize soil or fill material, retard erosion, or terrace a parcel or site. [Added 11-9-2009 by L.L. No. 14-2009] SEA WALL --A wall or embankment designed to halt the encroachment of a water body. [Added 7-13-2009 by L.L. No. 10-2009] SEQR -- Article 8 of the New York State Environmental Conservation Law, or any similar successor statute, together with any state regulations (presently 6 NYCRR Part 617) and local regulations promulgated thereunder. SHORELINE -- The mean high-water elevation of Cayuga Lake along the shore. SMALL WIND ENERGY FACILITY -- A wind energy facility that supplies power primarily to on-site structures or, in the case of a wind energy facility that is a principal use on a lot, that supplies power primarily to structures on an adjacent lot. [Added 8-11-2008 by L.L. No. 13-2008] 38 Town of Ithaca PC1CodeBook for Windows SOLAR COLLECTOR -- A solar photovoltaic cell,panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat. [Added 10-16-2006 by L.L. No. 11-2006] SOLAR STORAGE BATTERY --A device that stores energy from the sun and makes it available in an electrical form. [Added 10-16-2006 by L.L. No. 11-2006] SPECIFIED ANATOMICAL AREAS -- The following areas of the human body: A. Less than completely and opaquely covered human genitals,pubic region,buttock, and female breast below a point immediately above the top of the areola; and B. Human male genitals in a discernible turgid state even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES -- The following activities: A. Human genitals in a state of sexual stimulation or arousal; or B. Acts of human masturbation, sexual intercourse or sodomy; or C. Fondling or other erotic touching of human genitals,pubic region,buttocks or female breast. STORAGE -- The outdoor accumulation or laying-up of manufactured products or raw materials, or the keeping of one or more pieces of movable equipment other than pleasure automobiles. STORY ABOVE GRADE -- Any story having its finished floor surface entirely above grade, except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is: [Added 10-19-2009 by L.L. No. 13-2009] A. More than six feet above the grade plane; or B. More than six feet above the finished ground level for more than 50% of the total building perimeter; or C. More than 12 feet above the finished ground level at any point. STREET LINE or HIGHWAY RIGHT-OF-WAY LINE -- The limit of the right-of-way of a street, road or highway. Where the word"street" appears this also means highway or road. STRUCTURE -- Anything that is constructed or erected on the ground or upon another structure or building. "Structure" also includes anything that is constructed or erected underground and projects up to the ground surface or above, or anything that is constructed or erected wholly underground other than utility lines, septic and water systems, or other similar types of underground construction wholly ancillary to a principal building or structure on the premises. "Structure" also includes constructed parking spaces. The term "structure" includes a building. There is excluded from the term "structure," however, underground graves, vaults or other underground facilities for the interment of bodies. TELECOMMUNICATIONS FACILITY --Any equipment, other than A) equipment used by amateur radio licensees regulated by the Federal Communications Commission; or B) equipment that is used by a governmental unit or agency that is statutorily expressly exempt from regulation by the Town of Ithaca; or C) mobile equipment that is contained in a car or other motor vehicle or is completely portable and not affixed in any manner to realty [the exception for mobile equipment does not extend to any antenna(s) attached, directly or indirectly, such as on a tower or other structure, to realty or to other facilities used in connection with such mobile equipment]; or D) devices covered by the Federal Communication Commission's over-the-air reception devices rule, found at 47 CFR Section 1.4000; or E) antennas that are not licensed by the Federal Communications Commission and are one meter or less in diameter or diagonal measurement or (for whip antennas) are one meter or less in length and no more than three inches thick; used in connection with the provision of two-way communication services of which at least one of the directions of communications is wireless, including cellular telephone services,personal 39 Town of Ithaca PC1CodeBook for Windows communications services, private radio communications services, fire and emergency communications, and any other private or public radio communications transmissions regulated by the Federal Communications Commission in accordance with the Telecommunications Act of 1996 and other federal laws. Such uses shall include private commercial uses as well as public uses. A telecommunications facility shall include monopole, guyed, or latticework tower(s), as well as antenna(s), switching stations,principal and accessory telecommunications equipment and supporting masts, wires, structures and buildings. [Amended 5-9-2005 by L.L. No. 5-2005] TWO-FAMILY DWELLING -- A detached building containing two dwelling units. VEHICLE REPAIR GARAGE -- A facility at which the principal activity is the servicing or repairing of motor vehicles for hire. Such facilities include but are not limited to mechanic's shops, speedy-type oil and lubrication facilities, and muffler and brake repair facilities. WALL -- See definition for fence. [Added 11-9-2009 by L.L. No. 14-2009] WATER RIGHTS LINES -- The lines that are used solely for determining the boundaries for the placement of certain piers, docks, wharves and other similar facilities subject to this chapter. [Added 7-13-2009 by L.L. No. 10-2009] WATERSIDE -- The lake side of the ordinary high water line. [Added 7-13-2009 by L.L. No. 10-2009] WIND ENERGY FACILITY -- The structures and associated equipment which convert wind energy into usable mechanical or electrical energy, including towers, turbines, guy wires, associated anchors and foundations, mounts, connected facilities such as generators, alternators, inverters and batteries, and other associated equipment. [Added 8-11-2008 by L.L. No. 13-2008] YARD --An open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise permitted herein. YARD, FRONT -- The yard between the street right-of-way line and the front facade of the principal building, extended from each rearmost exterior corner of the front facade to the adjacent side lot line. [Amended 8-13-2007 by L.L. No. 6-2007] YARD, REAR -- The yard between the rear lot line and the rear facade of the principal building, extended from each most forwardly exterior corner of the rear facade to the adjacent side lot line. [Amended 8-13-2007 by L.L. No. 6-2007] YARD, SIDE -- The yard between the principal building and a side lot line,but excluding a front yard or rear yard. [Amended 8-13-2007 by L.L. No. 6-2007] ARTICLE IV, Establishment of Zones § 270-6. Enumeration of zones. A. For the purpose of this chapter the Town of Ithaca is hereby divided into the following types of zones (also sometimes hereinafter referred to as "districts"): [Amended 8-1-2005 by L.L. No. 7-2005; 1-4-2011 by L.L. No. 1-2011] Conser vation Zones 40 Town of Ithaca PC1CodeBook for Windows Agricu ltural Zones Lakefr ont Reside ntial Zones Low Densit Y Reside ntial Zones Mediu m Densit Y Reside ntial Zones High Densit Y Reside ntial Zones Mobile Home Park Zones Multip le Reside nee Zones 41 Town of Ithaca PC1CodeBook for Windows Neighb orhood Comm ercial Zones Office Park Comm ercial Zones Comm unity Comm ercial Zones Vehicl e Fuelin g and Repair Comm ercial Zones Lakefr ont Comm ercial Zones Light Industr ial Zones Industr ial Zones Planne 42 Town of Ithaca PC1CodeBook for Windows d Develo pment Zones Areas of Special Flood Hazard Special Land Use District s (Limite d Mixed Use) - In accord ance with and pursua nt to Local Law No. 2-1984 Special Land Use District No. 1 - In accord ance with and pursua nt to Local 43 Town of Ithaca PC1CodeBook for Windows Law No. 3-1984 [Wiggi ns] Special Land Use District No. 2 - In accord ance with and pursua nt to Local Law No. 4-1984 [Sapsu cker Woods Special Land Use District No. 3 (Limite d Mixed Use) - In accord ance with and pursua nt to Local Law 44 Town of Ithaca PC1CodeBook for Windows No. 4-1986 [Biggs Compl ex] Special Land Use District No. 4 (Limite d Mixed Use) - In accord ance with and pursua nt to Local Law No. 1-1987 as amend ed by Local Law No. 2-2002 [Statler West] Special Land Use District No. 5 (Limite d Mixed Use) - 45 Town of Ithaca PC1CodeBook for Windows In accord ance with and pursua nt to Local Law No. 2-1988 [Cham ber of Comm erce] Special Land Use District No. 7 (Limite d Mixed Use) - In accord ance with and pursua nt to Local Law No. 1-1994 [Ithaca re] Special Land Use District No. 8 (Limite 46 Town of Ithaca PC1CodeBook for Windows d Mixed Use) - In accord ance with and pursua nt to Local Law No. 1-1995 as amend ed by Local Law No. 4-2001 [Ecovil lage] Special Land Use District No. 9 (Limite d Mixed Use) - In accord ance with and pursua nt to Local Law No. 14-199 5 [Coyne 47 Town of Ithaca PC1CodeBook for Windows 11 Precinc t 7] Special Land Use District No. 10 (Limite d Mixed Use) - In accord ance with and pursua nt to Local Law No. 6-1998 [Sterlin g House/ Sterlin g Cottag e] Special Land Use District No. 11 (Limite d Mixed Use) - In accord ance with 48 Town of Ithaca PC1CodeBook for Windows and pursua nt to Local Law No. 7-1998 [Coyne 11 Chilled Water Plant] Planne d Develo pment Zone No. 12 - In accord ance with and pursua nt to Local Law No. 8-2005 [South Hill Busine ss Campu s] Planne d Develo pment Zone No. 13 - In accord 49 Town of Ithaca PC1CodeBook for Windows ance with and pursua nt to Local Law No. 1-2011 [Belle Sherm an Cottag es] [Added 1-4-20 11 by L.L. No. 1-2011 Planne d Develo pment Zone No. 14 - In accord ance with and pursua nt to Local Law No. 1 lof 2011 [Ithaca Beer Compa ny] [Added 8-8-20 50 Town of Ithaca PC1CodeBook for Windows 11 by L.L. No. 11-201 1] B. Said districts are set forth on the map accompanying this chapter, Town of Ithaca Zoning Map (the "Zoning Map"), dated August 25, 2003, and signed by the Town Clerk. Said map and all explanatory matter thereon and amendments thereto are hereby made a part of this chapter.X`EN § 270-7. Continuation of special land use districts. "'EN The provisions of any prior zoning ordinance or local law creating, implementing, amending, or in any other manner dealing with any special land use district as in effect on the effective date of the adoption of this provision shall continue in full force and effect unless expressly modified by the terms of this chapter or any other local law or ordinance adopted subsequent to the adoption of this provision. Henceforth, such special land use districts shall be considered planned development zones for the purposes of this chapter. Without limiting the foregoing, the adoption of this revised chapter shall not alter the permitted uses nor the conditions or limitations relating to properties within an existing special land use district. § 270-8. Zone boundaries. Where uncertainty exists with respect to the exact boundaries of the various districts as shown on the Zoning Map, the following rules shall apply: A. Where zone boundaries are indicated as approximately following the center lines of streets or highways, street lines, or highway right-of-way lines, such center lines, street lines, or highway right-of-way lines shall be construed to be said boundaries. B. Where zone boundaries are so indicated that they approximately follow the lot lines as shown on plots of record at the time this chapter becomes effective, or lot lines on plots of record at the time of any amendment rezoning an area, then such lot lines shall be construed to be said boundaries. C. Where zone boundaries are so indicated that they are approximately parallel to the center lines of street lines or streets, or the center lines or right-of-way lines of highways, such zone boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no such distance is given, such dimension shall be determined by the use of the scale shown on said Zoning Map. D. Where the boundary of a zone follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. E. Where the boundary of a zone follows a stream, lake or other body of water, unless otherwise indicated said boundary line shall be deemed to be at the center line of said stream, lake, or other body of water, unless said center line is outside the jurisdiction of the Town of Ithaca, in which event said boundary line shall be deemed to be at the limit of the jurisdiction of the Town of Ithaca. F. Distances shown on the Zoning Map are perpendicular or radial distances from street lines 51 Town of Ithaca PC1CodeBook for Windows measured back to the zone boundary line, which lines, in all cases where distances are given, are parallel to the street line. G. In all other cases the boundary line shall be determined by use of the scale on the Zoning Map. H. Any lands existing in the Town of Ithaca which are unzoned at the time of the adoption of this amendment, and any lands hereafter added to the Town of Ithaca by annexation or otherwise, are hereby zoned Low Density Residential Zone. Any such after-acquired lands shall be automatically zoned Low Density Residential Zone upon such acquisition, except that such lands may be thereafter rezoned to any other zone as determined by the Town Board. § 270-9. Prohibition of uses. All uses not specifically set forth as permitted uses in a zone are expressly prohibited as uses in that zone. A use specifically permitted in one zone is not permitted in any other zone, less restrictive or otherwise, unless specifically enumerated as a permitted use in such other zone. ARTICLE V, Conservation Zones § 270-10. Purpose. A. It is the purpose of the Conservation Zone to preserve the outstanding natural features in certain areas of the Town, as described in the Town of Ithaca Comprehensive Plan, as amended from time to time, and to provide a regulatory framework through which development can occur with minimal environmental impact in these areas. Among the natural values and ecological importance of these areas are their diversity as a plant and wildlife habitat, their existence as biological corridors, their importance for natural drainage features, their scenic views and rural character, and their importance as an educational and recreational resource. In addition, certain lands in the Conservation Zones contain large areas of steep slopes, wetlands, highly erodible or poorly drained soils and, in one instance, the City of Ithaca water supply, which must be taken into consideration in planning for future development. [Amended 1-11-2010 by L.L. No. 1-2010] B. It is a further purpose of the Conservation Zone to preserve existing areas of contiguous open space,prevent unnecessary destruction of woodland areas,preserve natural stormwater retention and water quality functions,preserve existing and potential agricultural land and promote appropriate development densities and flexibility of design and development of land. Developers should be encouraged to use mechanisms to accomplish these objectives. Such mechanisms could include enlarged buffer areas, conservation easements, deed restrictions, and public or semipublic land dedications. [Amended 1-11-2010 by L.L. No. 1-2010] C. Certain of the areas included in Conservation Zones, in recognition of their natural and ecological significance, have been designated by the Tompkins County Environmental Management Council as Unique Natural Areas. It is a further purpose of this Conservation Zone to preserve the natural resources and scenic beauty of the areas to promote tourism as 52 Town of Ithaca PC1CodeBook for Windows an important economic benefit to the Town of Ithaca. § 270-11. Permitted principal uses. In a Conservation Zone, no building shall be erected or extended and no land or building or part thereof shall be used for other than any of the following purposes: A. A one-family dwelling, except a mobile home, to be occupied by no more than: (1) One family, or (2) One family plus no more than one boarder, roomer, lodger or other occupant. B. A two-family dwelling provided that: (1) Each dwelling unit is occupied by no more than one family; and (2) The floor area of the second dwelling unit is not more than 50% of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed entirely within the basement area, it may exceed 50%. C. Garden, nursery or farm. D. Roadside stand or other structure, not exceeding 500 square feet of enclosed space, for the display and sale of farm or nursery products related to farming and as a seasonal convenience to the owner or owners of the land. Any such stand shall be located a minimum of 30 feet from the street line, in such a manner as to permit safe access and egress for automobiles, and parking off the highway right-of-way. E. Forest management and other forest resource uses, including the harvesting of timber in conformance with environmentally sound forestry practices, provided that logging of more than one acre of contiguous land shall require the submission of a forest management plan to and approval by the Planning Board. Such a plan shall include,but not be limited to, a description of the area to be logged, what percentage of trees will be cut, the method of cutting and removing trees, and how the land will be restored(e.g., through reforestation, agriculture or otherwise). F. Public water supply. G. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] § 270-12. Principal uses authorized by special permit only. The following uses are permitted in a Conservation Zone,but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Church or other places of worship. B. Public,parochial and private schools,public library,public museum, day-care center, nursery school, hospital, and any institution of higher learning including dormitory accommodations. [Amended 6-12-2006 by L.L. No. 9-2006] C. Publicly owned park or playground, including accessory buildings and improvements. D. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. E. Roadside stand or other structure, exceeding 500 square feet but not more than 2,500 square feet of enclosed space, for the display and sale of farm or nursery products related to farming and as a seasonal convenience to the owner or owners of the land. The majority of the products sold at such stand shall be, or be derived from,products produced on the farm on 53 Town of Ithaca PC1CodeBook for Windows which the roadside stand is located. Any such stand shall be located a minimum of 30 feet from the street line, in such a manner as to permit safe access and egress for automobiles, and parking off the highway right-of-way. F. Bed-and-breakfast. G. Equestrian facility,provided that adequate provision is made to prevent nuisance to adjoining properties and provided: [Added 8-1-2005 by L.L. No. 7-2005] (1) The lot size is at least two acres (three acres if public sewers are not available); (2) There is a nonoccupied and unused buffer of at least 50 feet around the perimeter of the lot; (3) Any building in which farm animals are kept shall be at least 100 feet from any lot line or street line; and (4) No manure shall be stored within 100 feet of any lot line or street line. § 270-13. Additional requirements for special permit. The application for a special permit for any of the uses set forth in the immediately preceding section shall be made to the Planning Board. Any required site plan shall conform to the requirements of, and be subject to the procedures contained in Article XXIIL No building permit shall be issued unless the proposed structure is in accordance with the final site plan approved by the Planning Board. In determining whether to grant a special permit, the Planning Board shall consider the matters set forth elsewhere in this chapter and in addition shall grant a special permit for any of the above uses only if it can be demonstrated that: A. The proposal is consistent with the goals and objectives of the Conservation Zone, as enumerated in the purpose section relating to this zone; B. The proposal provides adequate measures to control stormwater runoff and minimize erosion and sedimentation; C. The project includes adequate measures to protect surface and groundwaters from direct or indirect pollution; and D. Off-street parking facilities are adequately buffered to minimize visual and noise impacts on surrounding areas, and are designed to minimize the increase in impervious surfaces on the site. § 270-14. Permitted accessory buildings or uses. The following accessory buildings or uses are permitted as of right in a Conservation Zone: A. Accessory buildings customarily incidental to the above permitted uses. B. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Amended 2-12-2007 by L.L. No. 1-2007] C. Wildlife rehabilitation operation as defined and regulated under six NYCRR Part 184, provided that no noise, dust, disorder, or objectionable odor is experienced(as a result of that use) beyond the boundary lines of the property where such use is conducted, and that no more than three additional persons not residing on the premises may be employed. D. Day-care homes, family day-care homes, and group family day-care homes. E. Adult day-care facilities serving no more than four clients at any one time. F. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit(e.g., outside doghouse, etc.)provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special 54 Town of Ithaca PC1CodeBook for Windows approval of the Zoning Board of Appeals. G. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3. [Added 8-13-2007 by L.L. No. 7-2007] H. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] § 270-15. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in a Conservation Zone,but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Elder cottages. B. A second dwelling unit in a building other than the principal building,provided that: (1) All of the general criteria set forth elsewhere in this chapter for the issuance of a special approval have been satisfied; (2) The location of the second dwelling, and the building in which it is located, does not adversely impact in any significant manner the adjoining neighbors; (3) The building containing such second dwelling is located at least 50 feet from any side boundary of the lot, and is not constructed in any required front yard; (4) There is adequate off-street parking for the proposed number of occupants, including occupants of both the principal building and the dwelling unit for which special approval is sought; (5) The floor area of the second dwelling (inclusive of floor area on all floors dedicated to such dwelling) does not exceed 50% of the floor area of the primary dwelling on the lot; (6) The second dwelling is located in a building that is accessory to the principal dwelling; (7) The building containing the primary dwelling does not contain more than one dwelling; and (8) There are no elder cottages or other buildings on the lot containing dwellings other than the building containing the primary dwelling and the building for which special approval is sought. § 270-16. Height limitations. Except as may be specifically otherwise authorized in this chapter, in Conservation Zones no nonagricultural building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, and no nonagricultural structure other than a building shall exceed 30 feet in height. Nonagricultural accessory buildings shall in no case exceed 15 feet in height. § 270-17. Yard regulations. Except as may be specifically otherwise authorized in this chapter, in Conservation Zones yards of at least the following dimensions are required: A. Front yard: Not less than the average depth of the front yards of building immediately adjacent. However, except for roadside stands authorized by § 270-11, the front yard shall not be less than 50 feet nor need it be greater than 75 feet in depth. B. Rear yard: Not less than 200 feet in depth. 55 Town of Ithaca PC1CodeBook for Windows C. Side yards: Each not less than 50 feet. D. Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard provisions. E. Buffer areas: The foregoing requirements may include any required buffer areas and shall not be in addition to any required buffer areas. F. Accessory buildings: In Conservation Zones accessory buildings other than garages may not occupy any open space other than a rear yard. The total lot area covered by nonagricultural accessory buildings may not occupy more than 1,000 square feet of any required rear yard and shall be not less than 50 feet from any side or rear lot line. § 270-18. Lot coverage. The maximum building area shall not exceed 10% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. For the purposes of this zone, roads, driveways,parking areas, and other paved areas shall be considered buildings in computing the percentage of lot coverage. § 270-19. Size and area of lot. Lots in Conservation Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least seven acres; and B. Minimum lot width at the street line shall be 300 feet; and C. Minimum width at the maximum required front yard setback line (75 feet from the street line) shall be 300 feet; and D. Minimum depth from the street line shall be 450 feet. § 270-20. Clustering. The Planning Board is hereby authorized to require clustering of residential units as outlined in Chapter 234, Subdivision of Land, of the Code of the Town of Ithaca, where clustering will further the purposes of the Conservation Zone, subject to the requirement with respect to the Conservation Zone along Six Mile Creek, that where feasible, on the southwestern side of Six Mile Creek(i.e., on the Coddington Road side of the Conservation Zone), dwelling units shall be clustered between the former railroad grade and Coddington Road, in order to preserve the natural characteristics and scenic views of the lands adjacent to Six Mile Creek and the city watershed properties. In such cases, the same number of dwelling units that could have been built on that portion of the parcel between the former railroad grade and Six Mile Creek under the above density requirements when feasible shall be transferred to the portion of the parcel between the former railroad grade and Coddington Road. This provision shall not apply to parcels which are situated entirely between the former railroad grade and Six Mile Creek. § 270-21. Parking. Parking requirements shall be as set forth in § 270-227. 56 Town of Ithaca PC1CodeBook for Windows § 270-22. Additional requirements and restrictions. A. The following activities are specifically prohibited in Conservation Zones: (1) The importation for dumping or disposal of snow or ice collected from roadways or parking lots into or within 200 feet linear distance of any wetland or watercourse carrying water six months out of the year. (2) The location of buildings or structures on slopes of 25% or greater, with a minimum horizontal slope length of 25 feet. B. No buildings, structures,paved areas, or storage of construction equipment or machinery shall be located within 50 feet of the center line of any watercourse carrying water six months out of the year, or within 200 feet of the one-hundred-year-flood boundary of any body of water or watercourse identified as "Zone A" on any Flood Insurance Rate Map for the Town of Ithaca, New York,prepared by the Federal Emergency Management Agency, (or any other generally recognized map of one-hundred-year-flood zones) within any Conservation Zones. (1) In the case of residential subdivisions, whether conventional or cluster, the no disturbance zone as defined above shall be increased by up to 50% if the Planning Board determines that such an increase is necessary to protect water quality or to minimize the impacts of erosion and sedimentation. (2) Unless otherwise authorized by the Planning Board, no disturbance as listed above shall be located within 100 feet linear distance of any wetland. During the subdivision or site plan approval process, where there is evidence of a wetland, the Planning Board may require a wetland delineation study to determine the potential impacts of development or disturbance on said wetland. For the purposes of this section, wetlands shall mean all wetlands, as defined in either state or federal legislation(whichever is more restrictive) governing regulation of wetlands, of an area of more than 1/10 of an acre. C. With respect to the Conservation Zone along Six Mile Creek, no buildings, structures, or storage of construction equipment or machinery shall be located within 100 feet of the center line of the South Hill Recreation Way. D. The storage and land application of manure for agricultural purposes shall follow reasonable agricultural practices. Minimum conditions for storage of solid manure are a pad of concrete and a leachate collecting system or other system reasonably equivalent in its protection of the surrounding environment. The manure storage system should be designed to prevent animal waste from entering any stream or water body. E. The following apply to vegetation and landscaping: (1) Existing native vegetation shall be maintained to the extent practicable. (2) When landscaping is required by the Planning Board to enhance buffer areas, to replace existing vegetation, or otherwise, native plant materials should be used to the extent practicable. F. Scenic views, in particular those with viewing points from adjacent roads (and, in the case of the Conservation Zone along Six Mile Creek, from Six Mile Creek and the gorge) should be preserved using practices such as the following: (1) Avoid the siting of buildings or structures on ridgelines or hilltops. Buildings should be sited below the crest or ridgeline of hills to preserve a natural topographic and vegetative profile. (2) Retain existing vegetation to the extent practicable. (3) Retain existing stone walls, fences and other features in open meadows. 57 Town of Ithaca PC1CodeBook for Windows (4) Regrading should blend in with the natural contours and undulations of the land. (5) Buildings proposed to be located within significant viewing areas should be screened and landscaped to minimize their intrusion on the character of the area. Building materials and color schemes should harmonize with their setting and be compatible with neighboring land uses. (6) Where possible,buildings and structures should be located on the edges of open fields and in wooded areas to minimize visual impacts. (7) Visibility of proposed buildings or structures from public trails within Conservation Zones should be considered so as to minimize visual intrusion on views from the public trails. G. Wildlife habitats and biological corridors should be preserved. Open space linkages should be encouraged to accomplish the above. Open space and conservation easement areas shall be designed with massing and linking as guiding principles. Open space and conservation areas both on and off site should be as contiguous as reasonably possible. H. Roads and driveways should follow existing contours to the extent practicable to minimize the impact of cuts and fills. The number of driveways accessing public streets shall be kept to a minimum. The appropriate use of common driveways is encouraged. L The following shall apply to drainage: (1) The Planning Board may require the preparation and submittal of a stormwater management plan, to be approved by the Town Engineer, for proposed special approval uses and for proposed subdivisions. (2) Existing natural drainageways should be retained where possible. (3) In cases where a retention basin will be required, a landscaping plan shall be prepared and submitted for the Planning Board's approval. Basin landscaping materials that enhance wildlife habitat shall be used to the extent practicable. J. The following shall apply to lighting: (1) Street lighting shall be provided only where site-specific safety conditions warrant. (2) Where street lighting is required, its location, type, and intensity shall be subject to the Planning Board's review and recommendation to the Town Board for approval. (3) All approved street lighting must comply with the requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code. [Added 10-16-2006 by L.L. No. 12-2006] K. Whenever a subdivision of land is proposed in a Conservation Zone, the Planning Board may require that the nonbuildable areas listed above, including wetlands, slopes 25% or greater, and streams/watercourses and setbacks, be shown on the preliminary and final subdivision plats. § 270-23. Park and recreation setasides and fees in lieu thereof. Because of the reduced density in the Conservation Zones, the requirements for maintaining open space, existing public trails, and the existing and expected additional opportunities for passive recreational activities in the areas included in the Conservation Zones, it is anticipated that in Conservation Zones normally there will be no need for mandated parkland reservations or fees in lieu thereof pursuant to applicable Town Law and Town of Ithaca Code Chapter 234, Subdivision of Land, and this Chapter 270, Zoning, including § 234-22 of Chapter 234, Subdivision of Land, and any successor or related provisions. 58 Town of Ithaca PC1CodeBook for Windows § 270-24. Site plan approval. No building permit shall be issued for a building or structure within a Conservation Zone requiring a special permit unless the proposed building or structure is in accordance with a site plan approved pursuant to the provisions of Article XXIII. ARTICLE VI, Agricultural Zones § 270-25. Purpose. The purpose of the Agricultural Zone is to assure a proper economic and physical environment for continued agricultural use of land and other nonextractive natural resource land uses; to maintain an open rural character to viable agricultural areas; to assure compatible types and densities of development on lands that are usable for agricultural pursuits; and to minimize other land uses incompatible with farming. Persons and entities not engaged in agricultural pursuits in the Agricultural Zone should be aware that the primary intention of the zone is to permit usual acceptable farming and farming practices which may generate dust, odor, smoke, noise, and vibration; during growing seasons machinery may be operated at other than daylight hours; certain generally acceptable farming operations may involve the use and spraying of herbicides or pesticides; and acceptable practices in keeping animals may involve odors or noises. Accordingly, any person or entity residing or working in an Agricultural Zone should anticipate these types of concerns and recognize that such are the by-product of zoning an area in the Town where agricultural endeavors are encouraged to thrive. To the extent buffer areas may be required, the intention of such buffers is to reduce the potential for conflicts between farming and nonfarming uses. Agricultural Zones are also areas of the Town where it is unlikely public water or sewer will be made available, so as to reduce the economic pressures for development that often flow from the introduction of such facilities. Accordingly,persons acquiring property in Agricultural Zones should not expect such public facilities to be provided. § 270-26. Permitted principal uses. Only the following buildings or uses are permitted of right in an Agricultural Zone: A. Any lawful farm purpose, including usual farm buildings and structures, but excluding rendering plants. B. Plant nursery. C. Equestrian facility. D. Kennel, coop, or other facility for the housing or caring for animals,birds, or fish, whether for hire or otherwise, including an animal shelter, wildlife refuge and fish farms. E. A roadside stand or other structure, not exceeding 3,000 square feet of enclosed space, for the display and sale of farm or nursery products related to farming and as a seasonal convenience to the owner or owners of the land. The majority of the products sold at such stand shall be, or be derived from,products produced on the farm on which the roadside stand is located. Any such stand shall be located a minimum of 30 feet from the street line, in such a manner as to permit safe access and egress for automobiles, and parking off the highway right-of-way. [Amended 8-1-2005 by L.L. No. 7-2005] 59 Town of Ithaca PC1CodeBook for Windows F. A one-family dwelling to be occupied by no more than: (1) One family, or (2) One family plus no more than one boarder, roomer, lodger, or other occupant. G. A two-family dwelling provided that: (1) Each dwelling unit is occupied by no more than one family; and (2) The floor area of the second dwelling unit is not more than 50% of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed entirely within the basement area, it may exceed 50%. H. Publicly owned park or playground including accessory buildings and improvements. L Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to residences in the district in which the substations or similar structures are constructed. J. Day-care homes, family day-care homes and group family day-care homes. K. Community residence. L. Forest management and other forest resource uses, including the harvesting of timber in conformance with environmentally sound forestry practices. M. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3. [Added 8-13-2007 by L.L. No. 7-2007] N. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] § 270-27. Principal uses authorized by special permit only. The following uses are permitted in an Agricultural Zone,but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Retail sales related to agricultural operations. (1) Except as permitted as of right in the preceding section retail sales of machinery, products, supplies, or produce primarily related to, or derived from, agricultural operations subject to the following limitations: (a) Any building devoted to such activity may be no larger than 4,000 square feet; (b) No more than six persons may be engaged in or employed by the activity; (c) No more than three acres, inclusive of building,parking, driveways, well, septic system and other ancillary facilities,be dedicated to the use; (d) No outside storage other than temporary day-time only display of products, unless otherwise authorized by the Planning Board. (2) In determining whether to grant such authorization, the Planning Board shall consider, in addition to other criteria set forth in this chapter, that: (a) The nature of the business generally requires outside storage; (b) There is adequate space on the lot for the proposed storage; (c) The premises are screened or otherwise buffered so that the outside storage does not adversely impact the neighboring properties and property owners; and (d) The proposed outside storage will not adversely affect the character of the surrounding neighborhood. B. Veterinary offices or hospitals. 60 Town of Ithaca PC1CodeBook for Windows C. Church or other places of worship, convent and parish house. D. Cemetery and the buildings and structures incident thereto. E. Public,parochial and private schools,public library,public museum, nursery school, and any institution of higher learning relating to agricultural pursuits. F. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. G. Golf course or driving range with related facilities such as clubhouse,restaurant, and pro shop. H. Cross-country ski center with related facilities such as lodge, ski shop and restaurant. L Commercial composting facility where composting occurs for sale, utilizing more than 400 square feet of land in which event the following additional requirements shall apply: (1) The lot on which the facility is located shall be at least two acres in size; (2) The composting facility shall be located at least 100 feet from any roadway and any lot line, except for lot lines adjacent to Residential Zones, in which event the setback from the Residential Zone line shall be increased to 250 feet and shall have a buffer of vegetation or fencing to screen the facility from the Residential Zone; (3) The facility shall be operated in a clean and orderly manner so that it does not create a nuisance to any neighboring property. J. Hunting preserves, lodges, or clubhouses. K. Bed-and-breakfast. L. Television, commercial radio, telecommunication, microwave, satellite or other electronic transmission facility operated pursuant to a license from the Federal Communications Commission or any successor federal or state agency. [Amended 8-13-2007 by L.L. No. 7-2007] M. Research facilities principally dedicated to research in agriculture or animal husbandry. [Amended 8-1-2005 by L.L. No. 7-2005] N. Farm retreat. O. Adult day-care facilities serving no more than four clients at any one time. § 270-28. Principal uses authorized by special approval only. The following uses are permitted in an Agricultural Zone,but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Mining, subject to the following requirements in addition to the normal requirements for a special approval: (1) No special approval shall be granted until: (a) The Planning Board approves a site plan for the proposed mining operations; and (b) The appropriate New York State authorities (DEC or other regulatory body) has approved a reclamation plan and the plan and any required security for the performance of the plan has been provided to the State of New York. (2) There shall be a buffer area of at least 100 feet around the perimeter of the mined area between the mined area and any surrounding property, such buffer to consist of natural vegetation, plantings, berms, fences, or other screening as deemed reasonable by the Board of Appeals to minimize the auditory and visual impacts of the mining operations on surrounding properties. 61 Town of Ithaca PC1CodeBook for Windows (3) A fill permit shall be obtained in accordance with the fill permit requirements of this chapter before commencement of any mining operations. (4) Hours of operation shall be limited to business days (days other than weekends and holidays) from 8:00 a.m. to 5:00 p.m. local time unless the applicant, for good cause shown, demonstrates to the Zoning Board of Appeals that special circumstances exist which compel that the times be extended. (5) Notwithstanding the foregoing, if the material to be mined is soil, gravel, or other similar types of fill,up to 50 cubic yards of such product may be mined in any one calendar year without special approval. If more than 50 cubic yards but not more than 250 cubic yards in any one year are being mined, the special approval may be issued by the Director of Engineering of the Town. In all other cases, the special approval shall be obtained as set forth above. § 270-29. Permitted accessory buildings and uses. The following accessory buildings or uses are permitted as of right in an Agricultural Zone: A. Any farm-related structure not otherwise expressly referred to or limited by any provision in this chapter. B. If the principal use is as a farm, one or more one- or two-family dwellings, subject to the occupancy limitations set forth above for one- and two-family dwellings and subject to the overall density limitations set forth below in § 270-35. C. If the principal use is as one- or two-family dwelling or as a farm with dwellings; a private swimming pool, tennis court, or other similar recreational facility for the principal private use of the occupants of the dwelling. D. If the principal use is as a one- or two-family dwelling, up to three accessory buildings, all such accessory buildings in the aggregate not to exceed a total of 1,500 square feet in size. E. Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article,but subject to provisions of§ 270-227. F. A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area. Such buildings may not be continued for more than one year except upon receipt of a special approval from the Board of Appeals. G. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. H. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit(e.g., outside doghouse, etc.)provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. I. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-2007] J. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3. [Added 8-13-2007 by L.L. No. 7-2007] K. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] § 270-30. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in an Agricultural Zone,but only upon receipt of a special approval for same from the Board of Appeals in accordance with the 62 Town of Ithaca PC1CodeBook for Windows procedures set forth in this chapter: A. Elder cottages. B. If the property is not used for agricultural purposes, a second dwelling unit in a building other than the principal building on the lot,provided that: (1) All of the general criteria set forth elsewhere in this chapter for the issuance of a special approval have been satisfied; (2) The location of the second dwelling, and the building in which it is located, does not adversely impact in any significant manner the adjoining neighbors; (3) The building containing such second dwelling is located at least 40 feet from any side boundary of the lot, and is not constructed in any required front yard; (4) There is adequate off-street parking for the proposed number of occupants, including occupants of both the principal building and the dwelling unit for which special approval is sought; (5) The floor area of the second dwelling (inclusive of floor area on all floors dedicated to such dwelling) does not exceed 50% of the floor area of the primary dwelling on the lot; (6) The second dwelling is located in a building that is accessory to the principal dwelling; (7) The building containing the primary dwelling does not contain more than one dwelling; and (8) There are no buildings on the lot containing dwellings other than the building containing the primary dwelling and the building for which special approval is sought.'iiiEN § 270-31. Height limitations. A. Except as may be specifically otherwise authorized in this chapter, in Agricultural Zones no nonagricultural building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, and no nonagricultural structure other than a building shall exceed 36 feet in height. Agricultural structures, such as silos or windmills, whether on a farm parcel or not, shall be set back a distance at least equal to their height from all property lines. B. Notwithstanding the foregoing, the Planning Board may, by special permit, allow a tower, other than a telecommunications tower or facility, operated pursuant to a license issued by the Federal Communications Commission for the transmission or reception of radio, television, microwave, satellite, or other electrical transmissions to be up to 80 feet in height from lowest exterior grade upon making the findings set forth below for special permits generally and in addition finding that: (1) The proposed tower is designed in accordance with generally accepted engineering standards so that its construction and operation will not pose a hazard to persons or property on the ground or in the vicinity of the tower; (2) The topography and location of the proposed site are reasonably adapted for the proposed use; (3) The size of the site is adequate in that the tower is located on an unoccupied parcel having an area of sufficient size that no part of the tower could fall on neighboring property should the structure collapse; and (4) The plans for the site (and the vegetation, screens, fencing or other devices when completed)provide adequate buffering of the site and towers from adjoining land. 63 Town of Ithaca PC1CodeBook for Windows § 270-32. Yard regulations. A. Except as may be specifically otherwise authorized in this chapter, in Agricultural Zones yards of at least the following dimensions are required: (1) Front yard: Not less than the average depth of the front yards of buildings on lots immediately adjacent. However, the front yard depth shall not be less than 30 nor need it be greater than 60 feet. A roadside stand authorized in § 270-26 may be located in a front yard. (2) Rear yard: Not less than 50 feet in depth. (3) Side yards: None required with respect to buildings all on the same lot,but not less than 40 feet from any structure to a side property line except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be 15 feet from a side line which is not a street line. (4) Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard requirements. B. The foregoing requirements may include any required buffer areas and shall not be in addition to any required buffer areas. For purposes of calculating yards, and notwithstanding the yard definitions, yards shall be measured in Agricultural Zones to any building (other than a roadside stand), instead of to the principal building. § 270-33. Building area. The maximum building area shall not exceed 10% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. § 270-34. Size and area of lot. Subject to the density provisions regarding subdivision of parcels of land set forth below, lots in Agricultural Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least two acres, subject to the following conditions and exceptions: (1) A nonfarm lot subdivided for residential purposes from a parent tract as set forth below in § 270-35 shall have a minimum area of one acre and a maximum of two acres unless: (a) A larger area is required by the Tompkins County Health Department to provide on-site water and septic systems, in which event the permitted maximum area shall be increased to the minimum area required by the Health Department for such installations; or (b) The applicant for approval of a subdivision requests larger lots and fewer dwellings than would be normally permitted pursuant to § 270-35 below and the Planning Board determines in considering subdivision approval that the amount of land dedicated to such larger lots does not exceed the amount of land that would have been dedicated to residential purposes had the number of dwellings and sizes of lots been in full compliance with § 270-35. B. Minimum width at the street line shall be 60 feet. C. Minimum width at the maximum required front yard setback line (60 feet from the street line) shall be 100 feet. 64 Town of Ithaca PC1CodeBook for Windows D. Minimum depth from the street line shall be 200 feet. § 270-35. Density limitations and limitations on subdivision of parent tracts. In order to protect agricultural uses, to preserve the agricultural value of land, to provide for the retention of tracts of sufficient size to be used reasonably for agricultural purposes, and to preserve the open space qualities of the Town, creation of nonfarm lots and the subdivision of farm parcels from parent tracts shall be limited in the Agricultural Zone. Accordingly, and notwithstanding the minimum lot sizes set forth above, the following additional requirements shall apply to land within an Agricultural Zone: A. Any tract or parcel of land in common contiguous ownership at the time of the adoption of this provision of the Zoning Ordinance, subject to other normally applicable subdivision laws and regulations,hereafter may be subdivided into no more lots than equals the total number of acres of the tract divided by seven and rounded down to the nearest whole number. (For example, a tract of 20 acres may be subdivided into no more than two lots - 20 divided by seven equals 2 6/7 rounded to two.) Some of the lots, subject to other applicable requirements, may be as small as one acre but the total number may not exceed the above limitation. B. Clustering of the lots may be required by the Planning Board as a condition to granting any subdivision approval. In determining the design of the subdivision the following criteria should be applied: (1) Clustered lots should avoid prime agricultural soils, defined as Class I and Class 11 by the USDA Natural Resources Conservation Service or similar or successor agency; (2) Clustered lots should not interfere with natural drainage patterns; and (3) To the extent reasonably possible, subdivisions shall be approved in a manner that maintains the largest amount of contiguous acreage for open space or agricultural use. (For example, if reasonably possible, a seventeen-acre parcel would be divided into one one-acre lot and one sixteen-acre lot, and a twenty-four-acre lot would be divided into two one-acre lots and one twenty-two-acre lot.) C. The Planning Board, as a condition of granting subdivision approval, shall require, unless good cause is shown for omission of same, the developer to encumber the larger tracts (the noncluster lots)by deed restrictions, conservation or agricultural easements, or other mechanism satisfactory to the Planning Board, to ensure that such parcels shall remain permanently as open space or agricultural land. For this purpose, land shall still be considered open space or agricultural land if used for the purposes set forth in § 270-26, Subsections A, B, C, D, E, H (provided the same are passive recreational areas), I and L. D. Notwithstanding the density limitations set forth above, any parcel of 50 acres or larger remaining after subdividing off the clustered lots and which has been encumbered in the manner set forth in the immediately preceding subsection, may be further subdivided into separate ownership provided that all parcels so further subdivided are at least 25 acres in size, and all such parcels continue to be subject to the open space and/or agricultural easements. § 270-36. Parking. Parking requirements shall be as set forth in Article XXVII. 65 Town of Ithaca PC1CodeBook for Windows § 270-37. Additional special requirements. Additional special requirements include the following: A. Screening. In addition to the landscaping, screening, fencing and buffer requirements set forth elsewhere in this chapter, additional landscaping, fencing, screening, or earth berm may be required to be provided by the Planning Board in the site plan review process in any area where the proposed structure or use would, in the reasonable opinion of the Planning Board, create a hazardous condition or would detract from the value of neighboring property if such landscaping, fencing, screening, or berm were not provided. § 270-38. Site plan approval. No building permit shall be issued for a building or structure within an Agricultural Zone requiring a special permit unless the proposed building or structure is in accordance with a site plan approved pursuant to the provisions of Article XXIII. § 270-39. Right to farm. Notwithstanding any other provisions of law, it being the intention of this section to supersede to the extent legally possible any prior statutory or court developed rule of law regarding nuisances or similar types of actions, on any land in an Agricultural Zone an agricultural practice shall not constitute a private nuisance when an action is brought by a person, provided such agricultural practice constitutes a sound agricultural practice pursuant to an opinion issued upon request by the New York State Commissioner of Agriculture and Markets. Nothing in this section shall be construed to prohibit an aggrieved party from recovering damages for personal injury or wrongful death. ARTICLE VII, Lakefront Residential Zones § 270-40. Purpose. The purposes of the Lakefront Residential Zone are to minimize excessive and undesirable development in fragile lakefront areas, to protect the natural beauty and ambiance of the lakeshore in the Town of Ithaca for all of the citizens of the community to enjoy, and to enhance the experience provided to those living near, and those who use, the resource provided by Cayuga Lake. § 270-41. Permitted principal uses. Only the following buildings or uses are permitted as a matter of right in a Lakefront Residential Zone: A. A one-family dwelling to be occupied by no more than: (1) One family, or (2) One family plus no more than one boarder, roomer, lodger, or other occupant. B. A two-family dwelling provided that: 66 Town of Ithaca PC1CodeBook for Windows (1) Each dwelling unit is occupied by no more than one family; and (2) The floor area of the second dwelling unit is not more than 50% of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed entirely within the basement area, it may exceed 50%. C. Publicly owned park or playground including accessory buildings and improvements. D. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to residences in the district in which the substations or similar structures are constructed. E. Day-care homes, family day-care homes and group family day-care homes. F. Community residence. G. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] § 270-42. Principal uses authorized by special permit only. The following uses are permitted in a Lakefront Residential Zone,but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Church or other places of worship, convent and parish house. B. Public library,public museum, and public schools. C. Fire station or other public building necessary to the protection of or the servicing of a neighborhood.X'vEN D. Bed-and-breakfast. § 270-43. Permitted accessory structures and uses. The following accessory structures or uses are permitted as of right in a Lakefront Residential Zone: A. Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article, but subject to provisions of§ 270-227 and further subject to the requirement that no vehicle parking shall occur within 100 feet of the ordinary high water line of any shoreline. [Amended 7-13-2009 by L.L. No. 10-2009] B. Where the principal use is as a one- or two-family dwelling,private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the occupants of the dwelling. C. Up to two accessory buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size. [Amended 7-13-2009 by L.L. No. 10-2009] D. A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area. Such buildings may not be continued for more than one year except upon receipt of a special approval from the Board of Appeals. E. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. F. Adult day-care facilities serving no more than four clients at any one time. G. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit(e.g., outside doghouse, etc.)provided that no more than three household pets 67 Town of Ithaca PC1CodeBook for Windows shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. H. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-2007] L Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3. [Added 8-13-2007 by L.L. No. 7-2007] J. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] K. Piers, docks, wharves, sea walls, boat ramps and similar uncovered waterfront structures, and covered and uncovered boat lifts and boat hoists, when such uses are clearly accessory or incidental to the primary,principal use on the property. Such structures are subject to all applicable state and federal regulations and approvals and are further subject to the following requirements: [Added 7-13-2009 by L.L. No. 10-2009] (1) All such structures shall be designed in accordance with good engineering practices and shall require a building permit. The applicant for a building permit shall submit, at a minimum: (a) A short, written narrative describing the proposed structure, equipment that will be used and the construction schedule. (b) A general location map showing the waterway shoreline, the exact location of the proposed project, the nearest street or road and north arrow. (c) An accurately scaled plan view map showing the existing shoreline (water's edge), property lines and length of property between lines, north arrow, ordinary high water line, location and dimensions of existing structures, location and dimensions of proposed structures and fills, and length of waterward encroachment. (d) An accurately scaled profile showing the existing shoreline, ordinary high water line, height of proposed structures above the ordinary high water level, depth of water at waterward end of proposed structures when lake is at the ordinary high water level and distance of waterward encroachment. (e) A copy of the Army Corps of Engineers permit for the proposed structures, if required. (f) At the discretion of the Code Enforcement Officer,plans approved by a licensed engineer or architect. (g) All other information required by this chapter or other laws, rules or regulations for issuance of a building permit. (2) The construction of such structures shall be undertaken in such a way so as not to impact water quality, cause harm to fish-spawning grounds, destroy the natural beauty of the shoreline,reduce the stability of steep slope areas, cause erosion or sedimentation problems along the shoreline, create hazards for navigation, interfere with the public use and enjoyment of the water surface or shoreline, infringe on the riparian rights of other littoral parcels or otherwise threaten the public health and safety. (3) The amount of grading, dredging, earthmoving and disturbance of land above and below water during the construction of such structures shall be minimized as much as possible and shall be consistent with the permit requirements of the New York State Department of Environmental Conservation and United States Army Corps of Engineers regulating such activities. (4) Except as described in this subsection, such structures shall not have roofs, covers or 68 Town of Ithaca PC1CodeBook for Windows sides. Such structures may have uncovered side supports that extend above the horizontal surface of the structure. Boat lifts and boat hoists may have roofs,provided all of the following are met: (a) The roof height shall not exceed 15 feet; (b) The roof pitch shall not exceed 3/12 (three-inch vertical rise for every 12 inches horizontally); (c) The boat lift or boat hoist shall not have a second floor level under the roof; and (d) No boat lift or boat hoist may be used as a dwelling, sleeping, lodging or boarding place. (5) The maximum surface area of all boat lifts and boat hoists on a waterfront lot(including any roof overhang) shall not, in the aggregate, exceed 308 square feet. (6) To permit the free circulation of water,reduce the effects of fluctuating water levels and prevent adverse modifications of the shoreline,piers, docks and wharves shall not be constructed with rock-filled cribbing, sheet piling, closely spaced piling or such other construction technique or materials that would significantly impair water circulation. (7) Except as specified in Subsection K(10) and(11)below, the width of any pier, dock or wharf(excluding boat lifts and boat hoists) shall be a minimum of three feet and shall not exceed eight feet. Any extension, such as an "L," "T" or "U" extension, shall not exceed eight feet in at least one dimension (length or width), and if any such extension has a portion which is substantially parallel to the shoreline, the length of such portion shall not exceed 29% of the length of the mean high water tie line of the waterfront lot (as determined in Figure 1 below). (8) Length of piers, docks and wharves. (a) The length of any pier, dock or wharf, including all extensions,boat lifts and boat hoists, shall extend offshore from the ordinary high water line to a distance no greater than 40 feet, except as specified below in this subsection (or such lesser distance as may be stipulated in any permit obtained for such construction from the New York State Department of Environmental Conservation or the United States Army Corps of Engineers). (b) If the water depth at the end of an existing or proposed forty-foot pier, dock or wharf (including all extensions, boat lifts and boat hoists) is less than five feet when Cayuga Lake is at the ordinary high water level, the Town Code Enforcement Officer may issue a building permit to construct a pier, dock or wharf(including all extensions,boat lifts and boat hoists) no longer than 50 feet extending offshore from the ordinary high water line if the information listed below is provided. Such permit shall be issued for the minimum additional length necessary, in the judgment of the Code Enforcement Officer, to reach a depth of five feet,but in no case shall the length exceed 50 feet. [1] A map of the depth of the water in the region between 40 feet and 50 feet from the ordinary high water line, as determined by a licensed engineer or surveyor; and [2] An accurately scaled drawing of the proposed pier, dock or wharf and all extensions,boat lifts and boat hoists (including the shoreline and the location of the ordinary high water marker referred to below) demonstrating that the structure is no longer than necessary to reach a water depth of five feet or demonstrating that the water depth at the fifty-foot length is less than five feet. 69 Town of Ithaca PC1CodeBook for Windows A marker of the ordinary high water line shall be erected on the property before the preparation of the above drawing. It must be established and certified by a licensed engineer or surveyor,be based on an official monument or be based on a measurement of the water line of the property, together with the daily level of Cayuga Lake published by the New York State Canal Corporation. (9) The maximum surface area of all piers, docks and wharves on a waterfront lot shall not, in the aggregate, exceed 320 square feet, including all extensions but excluding any boat lifts and boat hoists, if the structure is 40 feet long or shorter, or 320 square feet plus eight square feet for each additional foot in length (excluding all boat lifts and boat hoists) if the structure is allowed to extend beyond 40 feet in length pursuant to Subsection K(8) above. (10)Every pier, dock, wharf,boat ramp,boat lift or boat hoist that is constructed shall have a minimum clearance or setback of 20 feet from adjacent property lines, as extended from the shoreline, to allow adequate vessel access to neighboring waterfront parcels. In the case of parcels that are too narrow for such waterfront structures to meet this setback requirement, such structures shall be centered between the adjacent property lines, and the maximum width of any pier, dock or wharf on such parcel shall not exceed three feet, including all extensions. (11)For concave or convex properties,piers, docks, wharves,boat ramps,boat lifts and boat hoists shall be placed to have a minimum clearance or setback of 20 feet from the water rights lines of the parcel so as not to interfere with the lakeshore usage of adjacent parcels. In the case of parcels that are too narrow for such waterfront structures to meet this setback requirement, such structures shall be centered between the water rights lines, and the maximum width of any pier, dock or wharf on such parcel shall not exceed three feet, including all extensions. Water rights lines are determined using the following method: (See Figure 1 below.) (a) Determine the four points where the mean high water line intersects the property lines of the parcel and the two adjoining lakeshore parcels (indicated by square points in Figure 1 below). (b) Connect the points of intersection with straight lines. These lines are called mean high water tie lines (dotted lines in Figure 1). (c) Where two mean high water tie lines meet, measure the angle on the waterside (i.e., 152'between Parcels E and F). (d) Bisect(or divide by two) that waterside angle measurement. The newly formed line projected out over the waterside is the water rights line(i.e., half of 152' is 76°). (12)If lighting is provided, lighting of the surface of any pier, dock, wharf or similar uncovered waterfront structure, or lighting of any covered or uncovered boat lift or boat hoist, shall be provided in such a manner so as not to produce any offensive glare when viewed from the water or the land and shall comply with the requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code. (13)Commercial (for-profit)renting, leasing or operation of piers, docks, wharves,boat launching ramps or similar uncovered waterfront structures, or of covered or uncovered boat lifts or boat hoists, shall be expressly prohibited in Lakefront Residential Districts. L. Nothing in this section is intended to require or permit activities which contravene any laws, rules,regulations or permits of the United States or New York State, or any agency thereof, 70 Town of Ithaca PC1CodeBook for Windows nor are any of the foregoing provisions intended to supersede any requirements for the obtaining of any permits or approvals required by the United States or New York State or any agency thereof. [Added 7-13-2009 by L.L. No. 10-2009] § 270-44. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in a Lakefront Residential Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Elder cottages pursuant to, and subject to, the provisions of§ 270-216 of this chapter. B. The keeping of domestic animals in accessory buildings,provided that no such building shall be nearer than 30 feet to any lot line of any adjoining owner or to the ordinary high water line of the shoreline, and further provided that there shall be no raising of fur-bearing animals, or kennels for more than three dogs over six months old.'vEN [Amended 7-13-2009 by L.L. No. 10-2009'v'EN] § 270-45. Height limitations. [Amended 7-13-2009 by L.L. No. 10-2009"HEN] In Lakefront Residential Zones, no building shall be erected, altered or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered or extended to exceed 30 feet in height. Notwithstanding the foregoing,piers, docks, wharves, sea walls,boat ramps, moorings and similar uncovered waterfront structures shall not exceed eight feet in height, and covered and uncovered boat lifts and hoists shall not exceed 15 feet in height. Accessory buildings shall in no case exceed 20 feet in height. § 270-46. Yard regulations. In Lakefront Residential Zones yards of at least the following dimensions are required: A. Front yard: Not less than the average depth of the front yards of buildings on lots immediately adjacent. However, the front yard depth shall not be less than 30 feet nor need it be greater than 60 feet. [Amended 7-13-2009 by L.L. No. 10-2009] B. Rear yard: Not less than 50 feet in depth unless the rear yard is adjacent to the shoreline, in which event the rear yard shall be not less than 25 feet in depth from the ordinary high water line. [Amended 7-13-2009 by L.L. No. 10-2009] C. Side yards: Each not less than 20 feet in width, except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be 15 feet from a side line which is not a street line. D. Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard provisions. E. Accessory buildings: In Lakefront Residential Zones accessory buildings other than garages may not occupy any open space other than a rear yard. Accessory buildings, in the aggregate, may occupy not more than 15% of any required rear yard and, if other than a garage, shall be not less than three feet from any side or rear lot line. Notwithstanding the foregoing, a private garage that serves dwellings on two separate lots may be built across a common lot line with 71 Town of Ithaca PC1CodeBook for Windows a party wall by mutual agreement between adjoining property owners provided that there is at least one garage bay on each lot. Any accessory building on a corner lot shall not be less than five feet from the rear lot line. Where the average natural slope of a lot exceeds 8%rise or fall directly from the street line, either a private garage not over one story in height and housing not in excess of two cars or a small accessory building not exceeding 20 square feet in floor area and not exceeding 12 feet in height, may be located in the front or side yard not less than five feet from said street line upon receiving a special approval from the Board of Appeals. F. Minimum setback from shoreline: Notwithstanding the foregoing, any principal building, parking area, cabana, gazebo,boathouse or other accessory structure (but excluding such uncovered facilities as docks,piers, wharves, sea walls,boat ramps and moorings, and covered and uncovered boat lifts and boat hoists) shall be located at least 25 feet inland from the ordinary high water line of the shoreline except where a twenty-five-foot setback is not possible because of cliffs or embankments. In such situations, accessory structures may be located no closer to the shoreline than 10 feet inland from the ordinary high water line of the shoreline,provided all of the following are met: [Amended 7-13-2009 by L.L. No. 10-2009] (1) The structure does not exceed 100 square feet in size; (2) The structure is used only for storage and/or as a changing area and contains no habitable space; and (3) Structures located within an area of special flood hazard, as established in § 157-6 of the Town of Ithaca Code, receive a development permit pursuant to Chapter 157, Flood Damage Prevention, of the Town of Ithaca Code and comply with all applicable requirements of the New York State Uniform Fire Prevention and Building Code. G. Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design and general site compatibility of proposed structures, including piers, docks, wharves, sea walls,boat lifts,boat hoists,boat ramps and moorings. The Planning Board, during site plan review, may establish a minimum setback of greater than 25 feet from the ordinary high water line based on due consideration by the Board of the preservation and protection of sensitive environmental features and the maintenance of the wooded character of the shoreline area(if applicable), as well as scenic views and vistas. Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in § 270-191 of this chapter are met, including but not limited to proposed changes to or additions of piers, docks, wharves, sea walls,boat ramps, boat lifts,boat hoists, moorings and similar structures where such changes or additions meet a threshold found in § 270-19. [Added 7-13-2009 by L.L. No. 10-2009] § 270-47. Building area. The maximum building area shall not exceed 10% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. § 270-48. Size and area of lot. Lots in Lakefront Residential Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least 15,000 square feet; and B. Minimum width at the street line shall be 60 feet; and 72 Town of Ithaca PC1CodeBook for Windows C. Minimum width at the maximum required front yard setback line (60 feet from the street line) shall be 100 feet; and D. Minimum width at the shoreline, as measured in a straight line that is 90' from a sideline at its point of intersection with the ordinary high water line of the lake to the other side line, shall be 100 feet; and [Amended 7-13-2009 by L.L. No. 10-2009] E. Minimum depth from the highway right-of-way shall be 150 feet. § 270-49. Special properties. In the case of publicly owned properties located in Lakefront Residential Zones, which comprise at least six acres in area and are traversed by interior roads or driveways, the front and side yard requirements set forth above shall apply only along the exterior public street frontages and there shall be no rear yard requirements. The shoreline setback requirements shall remain. § 270-50. Parking. Parking requirements shall be as set forth in Article XXVII. § 270-51. Special requirements. [Amended 7-13-2009 by L.L. No. 10-2009] The following additional special requirements shall apply to Lakefront Residential Zones: A. Filling, grading, lagooning, dredging, earthmoving activities, and other land use activities shall be conducted in such manner as to prevent to the maximum extent possible, erosion and sedimentation of surface waters. On slopes greater than 25%, there shall be no grading or filling within 100 feet of the ordinary high water line of the shoreline unless: (1) A permit for same is obtained pursuant to the fill permit provisions of this chapter or is issued by the Town of Ithaca Director of Engineering upon his determination that such grading or filling is necessary to protect the shoreline and to prevent erosion, or (2) Such grading and filling is in conjunction with construction pursuant to a building permit legally issued by a Code Enforcement Officer after the Town of Ithaca Director of Engineering has reviewed the proposed construction and any required or necessary erosion control measures and has determined that the conduct of such work will not adversely affect the shoreline. B. In addition to the requirements of this article, any construction, grading or other activities shall be conducted only in accordance with any federal, state or other local law or requirement pertaining to such activity, including any requirements of the New York State Department of Environmental Conservation and the United States Army Corps of Engineers. § 270-52. (Reserved) ARTICLE Vill, Low Density Residential Zones § 270-53. Purpose. 73 Town of Ithaca PC1CodeBook for Windows The purpose of the Low Density Residential Zone is to provide an area of limited development where it is deemed most desirable in the Town to maintain larger lots for development and permit the possibility of continued agricultural use of the areas without limiting the areas to solely agricultural uses. § 270-54. Permitted principal uses. Only the following buildings or uses are permitted as a matter of right in a Low Density Residential Zone: A. A one-family dwelling to be occupied by no more than: (1) One family, or (2) One family plus no more than one boarder, roomer, lodger, or other occupant. B. A two-family dwelling provided that: (1) Each dwelling unit is occupied by no more than one family; and (2) The floor area of the second dwelling unit is not more than 50% of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed entirely within the basement area, it may exceed 50%. C. Nursery or farm, except a hog farm. On-site retail sales of farm and nursery products shall be subject to the provisions of§ 270-56H below. Usual farm buildings are permitted,provided that: (1) Any building in which farm animals are kept shall be at least 100 feet from any lot line or street right-of-way. (2) No manure shall be stored within 100 feet of any lot line or street right-of-way. D. Publicly owned park or playground including accessory buildings and improvements. E. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to residences in the district in which the substations or similar structures are constructed. F. Day-care homes, family day-care homes and group family day-care homes. G. Community residence. H. Any lawful farm purpose, including usual farm buildings and structures, but excluding rendering plants, on lands the principal use of which is as a farm and which are located within a county agricultural district created under the provisions of Article 25-AA of the New York State Agriculture and Markets Law, notwithstanding the provisions of Subsection C above and regardless of the size of the lot,provided that such use is in compliance with all other provisions, such as yard regulations,building area, and other provisions governing Low Density Residential Zones. [Added 8-1-2005 by L.L. No. 7-2005] L Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] § 270-55. Principal uses authorized by special permit only. The following uses are permitted in a Low Density Residential Zone,but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Church or other places of worship, convent and parish house. B. Cemetery and the buildings and structures incident thereto. 74 Town of Ithaca PC1CodeBook for Windows C. Public,parochial and private schools,public library,public museum, day-care center, nursery school, and any institution of higher learning including dormitory accommodations. D. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. E. Golf course, driving range or miniature golf course. F. Clinic and nursing or convalescent home, provided that no building so used shall be within 100 feet from any street or within 150 feet of the lot line of any adjoining owner. G. Clubhouse or lodge,provided that no building so used shall be within 100 feet from any street or within 150 feet of the lot line of any adjoining owner. H. Bed-and-breakfast. L Equestrian facility,provided that adequate provision is made to prevent nuisance to adjoining residences and provided: (1) The lot size is at least two acres (three acres if public sewers are not available); (2) There is a nonoccupied and nonused buffer of at least 50 feet around the perimeter of the lot; (3) Any building in which farm animals are kept shall be at least 100 feet from any lot line or street line; and (4) No manure shall be stored within 100 feet of any lot line or street line. § 270-56. Permitted accessory buildings and uses. The following accessory buildings or uses are permitted as of right in a Low Density Residential Zone: A. Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article,but subject to provisions of§ 270-227. B. Where the principal use is as a one- or two-family dwelling,private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the occupants of the dwelling. C. Up to three accessory buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or larger, in which event the aggregate area of the accessory building may not exceed 2,000 square feet. D. A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area. Such buildings may not be continued for more than one year except upon receipt of a special approval from the Board of Appeals. E. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit(e.g., outside doghouse, etc.)provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. F. The keeping of domestic animals in accessory buildings,provided that no such building shall be nearer than 30 feet to any lot line of any adjoining owner, and further provided that there shall be no raising of fur-bearing animals, or kennels for more than three dogs over six months old. G. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. H. A roadside stand or other structure, not exceeding 500 square feet of enclosed space, for the display and sale of farm or nursery products related to farming and as a seasonal convenience 75 Town of Ithaca PC1CodeBook for Windows to the owner or owners of the land. The majority of the products sold at such stand shall be, or be derived from,products produced on the farm on which the roadside stand is located. Any such stand shall be located a minimum of 30 feet from the street line, in such a manner as to permit safe access and egress for automobiles, and parking off the highway right-of-way. L Adult day-care facilities serving no more than four clients at any one time. J. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-2007] K. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3. [Added 8-13-2007 by L.L. No. 7-2007] L. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] § 270-57. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in a Low Density Residential Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Elder cottages pursuant to, and subject to, the provisions of§ 270-216 of this chapter. B. A second dwelling unit in a building other than the principal building,provided that: (1) All of the general criteria set forth elsewhere in this chapter for the issuance of a special approval have been satisfied; (2) The location of the second dwelling, and the building in which it is located, does not adversely impact in any significant manner the adjoining neighbors; (3) The building containing such second dwelling is located at least 40 feet from any side boundary of the lot, and is not constructed in any required front yard; (4) There is adequate off-street parking for the proposed number of occupants, including occupants of both the principal building and the dwelling unit for which special approval is sought; (5) The floor area of the second dwelling (inclusive of floor area on all floors dedicated to such dwelling) does not exceed 50% of the floor area of the primary dwelling on the lot; (6) The second dwelling is located in a building that is accessory to the principal dwelling; (7) The building containing the primary dwelling does not contain more than one dwelling; and (8) There are no elder cottages or other buildings on the lot containing dwellings other than the building containing the primary dwelling and the building for which special approval is sought.X°"'EN § 270-58. Accessory buildings and uses authorized by special permit only. The following accessory buildings or uses are permitted in a Low Density Residential Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Equestrian facility,provided that adequate provision is made to prevent nuisance to adjoining residences and provided the lot size is at least two acres and there is a nonoccupied and nonused buffer of at least 50 feet around the perimeter of the lot. 76 Town of Ithaca PC1CodeBook for Windows § 270-59. Height limitations. [Amended 8-1-2005 by L.L. No. 7-20051 Except as may be specifically otherwise authorized in this chapter, in Low Density Residential Zones no building shall be erected, altered, or extended to exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. Accessory buildings shall in no case exceed 15 feet in height. The foregoing height limitations shall not apply to buildings and structures used for agricultural purposes on lands the principal use of which is as a farm and which are located within a county agricultural district created under the provisions of Article 25-AA of the New York State Agriculture and Markets Law. Such agricultural buildings and structures so located may be constructed without limitations as to heights. § 270-60. Yard regulations. In Low Density Residential Zones yards of at least the following dimensions are required: A. Front yard: Not less than the average depth of the front yards of buildings on lots immediately adjacent. However, the front yard depth shall not be less than 30 feet or need it be greater than 60 feet. B. Rear yard: Not less than 50 feet in depth. C. Side yards: Each not less than 40 feet in width, except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be 15 feet from a side line which is not a street line. D. Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard provisions. E. Accessory buildings: In Low Density Residential Zones accessory buildings other than garages may not occupy any open space other than a rear yard. Accessory buildings, in the aggregate, may occupy not more than 15% of any required rear yard and, if other than a garage, shall be not less than three feet from any side or rear lot line. Notwithstanding the foregoing, a private garage that serves dwellings on two separate lots may be built across a common lot line with a party wall by mutual agreement between adjoining property owners provided that there is at least one garage bay on each lot. Any accessory building on a corner lot shall not be less than five feet from the rear lot line. Where the average natural slope of a lot exceeds 8%rise or fall directly from the street line, a private garage not over one story in height and housing not in excess of two cars may be located in the front or side yard not less than five feet from said street line upon receiving a special approval from the Board of Appeals. § 270-61. Building area. The maximum building area shall not exceed 10% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. § 270-62. Size and area of lot. Lots in Low Density Residential Zones shall meet the following minimum requirements: 77 Town of Ithaca PC1CodeBook for Windows A. Minimum lot area shall be at least 30,000 square feet; and B. Minimum width at the street line shall be 100 feet; and C. Minimum width at the maximum required front yard setback line (60 feet from the street line) shall be 150 feet; and D. Minimum depth from the highway right-of-way shall be 200 feet. § 270-63. Special properties. In the case of publicly owned properties,properties of universities, colleges, cemeteries, or other private institutions, located in Low Density Residential Zones, which comprise at least six acres in area and are traversed by interior roads or driveways, the front, side, and rear yard requirements set forth above shall apply only along the exterior public street frontages and boundaries with adjacent properties. § 270-64. Parking. Parking requirements shall be as set forth in Article XXVII. ARTICLE IX, Medium Density Residential Zones § 270-65. Purpose. The purpose of the Medium Density Residential Zone is to create areas that are almost exclusively residential in nature where there is minimal intrusion of commercial, farming, or other activities that could be detrimental to residential development and occupancy. § 270-66. Permitted principal uses. Only the following buildings or uses are permitted as a matter of right in a Medium Density Residential Zone: A. A one-family dwelling to be occupied by no more than: (1) One family, or (2) One family plus no more than one boarder, roomer, lodger, or other occupant. B. A two-family dwelling provided that: (1) Each dwelling unit is occupied by no more than one family; and (2) The floor area of the second dwelling unit is not more than 50% of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed entirely within the basement area, it may exceed 50%. C. Publicly owned park or playground including accessory buildings and improvements. D. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to residences in the district in which the substations or similar structures are constructed. E. Day-care homes, family day-care homes and group family day-care homes. F. Community residence. 78 Town of Ithaca PC1CodeBook for Windows G. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] § 270-67. Principal uses authorized by special permit only. The following uses are permitted in a Medium Density Residential Zone,but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Church or other places of worship, convent and parish house. B. Cemetery and the buildings and structures incident thereto. C. Public,parochial and private schools,public library,public museum, day-care center, nursery school, and any institution of higher learning including dormitory accommodations. D. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. E. Golf course, driving range or miniature golf course. F. Bed-and-breakfast facilities providing no more than two bedrooms for transients, unless the size of the lot on which the facility is located is at least 30,000 square feet, in which event up to four bedrooms may be used for transients. § 270-68. Permitted accessory buildings and uses. The following accessory buildings or uses are permitted as of right in a Medium Density Residential Zone: A. Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article,but subject to provisions of§ 270-227. B. Where the principal use is as a one- or two-family dwelling,private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the occupants of the dwelling. C. Up to three accessory buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or larger, in which event the aggregate area of the accessory building may not exceed 2,000 square feet. D. A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area. Such buildings may not be continued for more than one year except upon receipt of a special approval from the Board of Appeals. E. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit(e.g., outside doghouse, etc.)provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. F. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. G. Adult day-care facilities serving no more than four clients at any one time. H. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-2007] L Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3. [Added 8-13-2007 by L.L. No. 7-2007] J. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] 79 Town of Ithaca PC1CodeBook for Windows § 270-69. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in a Medium Density Residential Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Elder cottages pursuant to, and subject to, the provisions of§ 270-216 of this chapter. B. A second dwelling unit in a building other than the principal building,provided that:'ixEN (1) All of the general criteria set forth elsewhere in this chapter for the issuance of a special approval have been satisfied; (2) The location of the second dwelling, and the building in which it is located, does not adversely impact in any significant manner the adjoining neighbors; (3) The building containing such second dwelling is located at least 15 feet from any side boundary of the lot, and is not constructed in any required front yard; (4) There is adequate off-street parking for the proposed number of occupants, including occupants of both the principal building and the dwelling unit for which special approval is sought; (5) The floor area of the second dwelling (inclusive of floor area on all floors dedicated to such dwelling) does not exceed 50% of the floor area of the primary dwelling on the lot; (6) The second dwelling is located in a building that is accessory to the principal dwelling; (7) The building containing the primary dwelling does not contain more than one dwelling; and (8) There are no elder cottages or other buildings on the lot containing dwellings other than the building containing the primary dwelling and the building for which special approval is sought. C. The keeping of domestic animals in accessory buildings,provided that: (1) The lot on which such accessory building is located is at least two acres in size unless the Zoning Board of Appeals requires a larger lot in order to prevent adverse effects on the adjacent or surrounding neighbors, in which event the lot size shall be the minimum reasonably established by such Board; and (2) No such accessory building shall be nearer than 30 feet to any lot line of any adjoining owner; and (3) There shall be no raising of fur-bearing animals, or kennels for more than three dogs over six months old. § 270-70. Height limitations. In Medium Density Residential Zones, no building shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. Accessory buildings shall in no case exceed 15 feet in height. § 270-71. Yard regulations. In Medium Density Residential Zones yards of at least the following dimensions are required: A. Front yard: Not less than the average depth of the front yards of buildings on lots immediately adjacent. However, the front yard depth shall not be less than 25 feet or need it 80 Town of Ithaca PC1CodeBook for Windows be greater than 50 feet. B. Rear yard: Not less than 30 feet in depth. C. Side yards: Each not less than 15 feet in width, except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be 10 feet from a side line which is not a street line. D. Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard provisions. E. Accessory buildings: In Medium Density Residential Zones accessory buildings other than garages may not occupy any open space other than a rear yard. Accessory buildings, in the aggregate, may occupy not more than 40% of any required rear yard and, if other than a garage, shall be not less than three feet from any side or rear lot line. Notwithstanding the foregoing, a private garage that serves dwellings on two separate lots may be built across a common lot line with a party wall by mutual agreement between adjoining property owners provided that there is at least one garage bay on each lot. Any accessory building on a corner lot shall not be less than five feet from the rear lot line. Where the average natural slope of a lot exceeds 8%rise or fall directly from the street line, a private garage not over one story in height and housing not in excess of two cars may be located in the front or side yard not less than five feet from said street line upon receiving a special approval from the Board of Appeals. § 270-72. Building area. The maximum building area shall not exceed 20% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. § 270-73. Size and area of lot. Lots in Medium Density Residential Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least 15,000 square feet; and B. Minimum width at the street line shall be 60 feet; and C. Minimum width at the maximum required front yard setback line (50 feet from the street line) shall be 100 feet; and D. Minimum depth from the highway right-of-way shall be 150 feet. § 270-74. Special properties. In the case of publicly owned properties,properties of universities, colleges, cemeteries, or other private institutions, located in Medium Density Residential Zones, which comprise at least six acres in area and are traversed by interior roads or driveways, the front, side, and rear yard requirements set forth above shall apply only along the exterior public street frontages and boundaries with adjacent properties. § 270-75. Parking. Parking requirements shall be as set forth in Article XXVII. 81 Town of Ithaca PC1CodeBook for Windows ARTICLE X, High Density Residential Zones § 270-76. Purpose. The purpose of the High Density Residential Zone is to maintain the residential character of certain areas of the Town, to provide a buffer or transition from the less dense residential areas of the Town to areas where multiple residences or commercial activities may be permitted, to provide for more affordable housing, and to encourage more intense development where there is infrastructure already in place to support such development. § 270-77. Permitted principal uses. Only the following buildings or uses are permitted as a matter of right in a High Density Residential Zone: A. A one-family dwelling to be occupied by no more than: (1) One family, or (2) One family plus no more than one boarder, roomer, lodger, or other occupant. B. A two-family dwelling provided that: (1) Each dwelling unit is occupied by no more than one family; and (2) The floor area of the second dwelling unit is not more than 50% of the floor area excluding the basement of the primary dwelling unit except where the second dwelling unit is constructed entirely within the basement area, it may exceed 50%. C. Publicly owned park or playground including accessory buildings and improvements. D. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to residences in the district in which the substations or similar structures are constructed. E. Day-care homes, family day-care homes and group family day-care homes. F. Community residence. G. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] § 270-78. Principal uses authorized by special permit only. The following uses are permitted in a High Density Residential Zone,but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Church or other places of worship, convent and parish house. B. Cemetery and the buildings and structures incident thereto. C. Public,parochial and private schools,public library,public museum, day-care center, nursery school, and any institution of higher learning including dormitory accommodations. D. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. E. Golf course, driving range or miniature golf course. F. Clinic and nursing or convalescent home, provided that no building so used shall be within 100 feet from any street or within 150 feet of the lot line of any adjoining owner. 82 Town of Ithaca PC1CodeBook for Windows G. Clubhouse or lodge,provided that no building so used shall be within 100 feet from any street or within 150 feet of the lot line of any adjoining owner. H. Bed-and-breakfast facilities providing no more than two bedrooms for transients, unless the size of the lot on which the facility is located is at least 30,000 square feet, in which event up to four bedrooms may be used for transients. L Adult care facility. J. Child day-care center. § 270-79. Permitted accessory buildings and uses. The following accessory buildings or uses are permitted as of right in a High Density Residential Zone: A. Off-street garage or parking space for the occupants, users and employees in connection with uses permitted in this article, but subject to provisions of§ 270-227 of this chapter. B. Where the principal use is as a one- or two-family dwelling, private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the occupants of the dwelling. C. Up to three accessory buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or larger, in which event the aggregate area of the accessory building may not exceed 2,000 square feet. D. A temporary building for commerce or industry, where such building is necessary or incidental to the development of a residential area. Such buildings may not be continued for more than one year except upon receipt of a special approval from the Board of Appeals. E. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit(e.g., outside doghouse, etc.)provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. F. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. G. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-2007] H. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3. [Added 8-13-2007 by L.L. No. 7-2007] L Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] § 270-80. Accessory buildings and uses authorized by special approval only. The following accessory buildings or uses are permitted in a High Density Residential Zone,but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter: A. Elder cottages pursuant to, and subject to, the provisions of§ 270-216 of this chapter. B. (Reserved)XXEN § 270-81. Height limitations. 83 Town of Ithaca PC1CodeBook for Windows In High Density Residential Zones, no building shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. Accessory buildings shall in no case exceed 15 feet in height. § 270-82. Yard regulations. In High Density Residential Zones yards of at least the following dimensions are required: A. Front yard: Not less than the average depth of the front yards of buildings on lots immediately adjacent. However, the front yard depth shall not be less than 25 feet or need it be greater than 50 feet. B. Rear yard: Not less than 30 feet in depth. C. Side yards: Each not less than 10 feet in width, except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be seven feet from a side line which is not a street line. D. Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard provisions. E. Accessory buildings: In High Density Residential Zones accessory buildings other than garages may not occupy any open space other than a rear yard. Accessory buildings, in the aggregate, may occupy not more than 40% of any required rear yard and, if other than a garage, shall be not less than three feet from any side or rear lot line. Notwithstanding the foregoing, a private garage that serves dwellings on two separate lots may be built across a common lot line with a party wall by mutual agreement between adjoining property owners provided that there is at least one garage bay on each lot. Any accessory building on a corner lot shall not be less than five feet from the rear lot line. Where the average natural slope of a lot exceeds 8%rise or fall directly from the street line, a private garage not over one story in height and housing not in excess of two cars may be located in the front or side yard not less than five feet from said street line upon receiving a special approval from the Board of Appeals. § 270-83. Building area. The maximum building area shall not exceed 25% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. § 270-84. Size and area of lot. Lots in High Density Residential Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least 9,000 square feet; and B. Minimum width at the street line shall be 60 feet; and C. Minimum width at the maximum required front yard setback line (50 feet from the street line) shall be 75 feet; and D. Minimum depth from the highway right-of-way shall be 120 feet. 84 Town of Ithaca PC1CodeBook for Windows § 270-85. Special properties. In the case of publicly owned properties,properties of universities, colleges, cemeteries, or other private institutions, located in High Density Residential Zones, which comprise at least six acres in area and are traversed by interior roads or driveways, the front, side, and rear yard requirements set forth above shall apply only along the exterior public street frontages and boundaries with adjacent properties. § 270-86. Parking. Parking requirements shall be as set forth in Article XXVII. ARTICLE XI, Mobile Home Park Zones § 270-87. Purpose. The purpose of the Mobile Home Park Zone is to provide an area in which concentrated development utilizing mobile homes may occur to encourage alternative and less costly housing accommodations in the Town. § 270-88. Minimum area. A minimum tract of at least five acres is required for a mobile home park. § 270-89. Permitted principal uses. Only the following buildings or uses are permitted as a matter of right in a Mobile Home Park Zone: A. Mobile homes, each to be occupied by not more than: (1) One family, or (2) One family plus no more than two boarders, roomers, lodgers, or other occupants. B. Not more than one one-family dwelling (other than a mobile home) to be occupied by no more than one family. C. Publicly owned park or playground including accessory buildings and improvements. D. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to residences in the zone in which the substations or similar structures are constructed. E. Day-care homes, family day-care homes and group family day-care homes. F. Community residence. G. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] § 270-90. Principal uses authorized by special permit only. 85 Town of Ithaca PC1CodeBook for Windows The following uses are permitted in a Mobile Home Park Zone,but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Child day-care center. § 270-91. Permitted accessory uses. The following accessory buildings or uses are permitted as of right in a Mobile Home Park Zone: A. Automobile parking and garages, subject to the further requirements of this article. B. Structures and open land for recreation, intended for use by the residents of the mobile home park. C. Such areas and structures as may be necessary for housekeeping activities, such as a common laundry or garden plots. The use of any such area or structure may be limited to residents of the mobile home park. D. Storage buildings for storage of belongings of the residents of the mobile home park. E. Maintenance buildings, storage buildings, and one central office building, all of which must be utilized solely in connection with the operation of the mobile home park. F. Community building for use by the residents of the mobile home park and their guests. G. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit(e.g., outside doghouse, etc.)provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. H. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-2007] L Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3. [Added 8-13-2007 by L.L. No. 7-2007] J. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] § 270-92. (Reserved) "'EN § 270-93. Height limitations. In Mobile Home Park Zones the following height restrictions shall apply: A. No mobile home or one-family dwelling shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower. B. No other building shall be erected, altered, or extended to exceed 15 feet in height from the lowest exterior grade. C. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height from the lowest exterior grade. § 270-94. Yard regulations. In Mobile Home Park Zones the following yard regulations shall apply: 86 Town of Ithaca PC1CodeBook for Windows A. Mobile homes shall have the following minimum yard sizes: (1) Front yard: If on a public road, not less 20 feet in depth from the highway right-of-way line; if on an interior private road at least 20 feet in depth from the edge of such road if paved, and if not paved, at least 25 feet from the edge of the traveled way. (2) Rear yard: Not less than 10 feet in depth. (3) Side yards: Each not less than 10 feet in width. B. A one-family dwelling and accessory buildings related to the one-family dwelling, shall be subject to the minimum yard sizes set forth in the High Density Residential Zone unless adjacent to a mobile home, in which event the size of the yard adjacent to the mobile home shall be reduced to the minimum yard size required for a mobile home above. C. In Mobile Home Park Zones accessory buildings may occupy any open space beyond the minimum yards set forth above. D. Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard provisions. § 270-95. Building area. The maximum building area shall not exceed 40% of the gross area of the mobile home park. Projections described in § 270-224 are not to be included in computing the percentage. § 270-96. Lot area. Each mobile home lot shall have a minimum lot area of 5,000 square feet The arrangement of lots in the park shall facilitate the efficient development of land and permit the convenient access of emergency vehicles. § 270-97. Special requirements. Mobile home parks shall be subject to the following special requirements: A. Stand location. The location of the mobile home stand on each lot shall be identified on the site plan. B. Anchors. The mobile home stand shall be provided with anchors and other fixtures capable of securing and stabilizing the mobile home. These anchors shall be placed at least at each corner of the mobile home stand. C. Skirting. Each mobile home owner, within 30 days after the arrival of the mobile home in the park, shall be required to enclose the bottom space between the edge of the mobile home and the mobile home stand with a skirt of metal, wood or other suitable material. This skirt shall be properly ventilated and securely attached to the mobile home. D. Parking. Parking requirements shall be as set forth in Article XXVII. E. Buffer yards. A buffer yard at least 50 feet wide shall be provided around the perimeter of the mobile home park. No structures are permitted in the buffer yard and the Planning Board may require that suitable landscaping be provided in order to effectively screen the mobile home park from adjacent properties. Parking spaces are not permitted in the buffer yards. F. Access drives and walkways. Access drives shall be paved with blacktop, concrete, or other solid material. Driveways and walkways shall provide safe access, egress, and traffic circulation within the site. The placement, size, and arrangement of access to public ways 87 Town of Ithaca PC1CodeBook for Windows shall be subject to the approval of the appropriate highway authority. Where the density of population or school bus routes make it necessary, sidewalks and bus shelters may be required. G. Open space and recreation areas. The mobile home park owner shall provide recreation areas on the premises, including but not limited to,play areas. The Planning Board shall review and approve all such areas. Ten percent(10%) of the gross lot area of the mobile home park, exclusive of the area reserved for buffer yards, shall be permanently maintained as open space. H. Storage space. The mobile home park owner shall provide storage space in convenient locations for each mobile home lot. This storage space shall be contained in an enclosed and secure structure. Several storage structures may be located in a common building. The minimum dimensions of storage space per lot shall be eight feet high, eight feet deep, and four feet wide. L Screening of waste and refuse. One or more common areas shall be provided for the disposal of waste, refuse and recyclables. These areas shall contain secure bins of a suitable size. These areas shall be screened from public view by shrubbery or a fence. J. Signs. A single sign for the mobile home park is permitted. The size and other characteristics shall be regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. K. Operating permits. An operating permit shall be required for all mobile home parks. This permit shall be renewable annually. The Code Enforcement Officer shall make periodic inspections of the mobile home park to determine whether such park is in compliance with the terms and conditions of the permit, the Zoning Ordinance and the site plan approval. The fee for the operating permit shall be set from time to time by Town Board resolution. [Amended 12-7-2009 by L.L. No. 27-2009XX"EN] L. Building permits. Notwithstanding any other provision of this chapter of the Building Code, a building permit shall be required for each mobile home and/or structure to be sited or constructed. § 270-98. Site plan approvals. No building permit shall be issued for a structure in a Mobile Home Park Zone unless the proposed structure is in accordance with a site plan approved by the Planning Board and, if required, by the Tompkins County Health Department. No subdivision of a mobile home park site plan is permitted without approval of the Town Board, following Planning Board review. No alteration, amendment or change in a mobile home park site plan is permitted without approval of the Planning Board. ARTICLE XII, Multiple Residence Zones § 270-99. Purpose. The purpose of the Multiple Residence Zone is to permit, where appropriate, the construction and development of multiple-family residences in the Town. At the same time, the Town does not desire the large-scale development of these units to the extent that large areas of the Town 88 Town of Ithaca PC1CodeBook for Windows would be devoted to such use and single-family residences would be incompatible. Accordingly, additional areas may be zoned as a Multiple Residence Zone upon application for a specific proposal in accordance with the normal rezoning procedures. Generally, such rezoning will be permitted only in areas where public water and sanitary facilities are available, where public transportation may be readily available, and where other resources and facilities that complement multiple residence occupancy are found. In reaching its decision on whether to rezone to a Multiple Residence Zone, the Town Board shall consider the general criteria set forth in this chapter, the most current Comprehensive or Master Plan for the Town, and this statement of purpose. § 270-100. Permitted principal uses. Only the following buildings or uses are permitted of right in a Multiple Residence Zone: A. One-family dwellings, two-family dwellings and multiple-family dwellings. Each dwelling unit in a Multiple Residence Zone shall be occupied by no more than: (1) One family, or (2) One family plus no more than two boarders, roomers, lodgers or other occupants. B. Day-care homes, family day-care homes and group family day-care homes. C. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] § 270-101. Permitted accessory buildings and uses. Only the following accessory buildings or uses are permitted of right in a Multiple Residence Zone: A. Automobile parking and garages, subject to the further requirements of this article. B. Structures or use of open land for recreation, intended for residents of the Multiple Residence Zone, including swimming pools, tennis courts, and other similar recreational facilities. C. Such uses as may be necessary for housekeeping activities, such as drying yards or structures in which laundry facilities are maintained but any such use must be limited to residents of multiple dwellings. D. Storage buildings for storage of belongings of the residents of the Multiple Residence Zone. E. Maintenance buildings and one central office building, all of which must be utilized solely in connection with the operation of multiple-family dwellings in the Multiple Residence Zone. F. Community building for use by the residents of multiple-family dwellings in the Multiple Residence Zone and their guests. G. The keeping of household pets in a dwelling unit or other location adjacent to or accessory to a dwelling unit(e.g., outside doghouse, etc.)provided that no more than three household pets shall be kept outside of dwelling units unless a greater number is authorized by special approval of the Zoning Board of Appeals. H. Home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-2007] L Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3. [Added 8-13-2007 by L.L. No. 7-2007] J. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] 89 Town of Ithaca PC1CodeBook for Windows § 270-102. Principal uses authorized by special permit only. The following uses are permitted in a Multiple Residence Zone,but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Bed-and-breakfast. B. Adult care facility. C. Child day-care center. § 270-103. (Reserved) xxiiiEN § 270-104. Minimum area for multiple residence zone. A minimum tract of two acres is required for the development of a Multiple Residence Zone. Such tract shall contain a minimum of 3,500 square feet of gross lot area for each dwelling unit to be constructed. § 270-105. Height limitations. In Multiple Residence Zones, no building shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower. § 270-106. Yard regulations. A. Except as may be specifically otherwise authorized in this chapter, in Multiple Residence Zones yards of at least the following dimensions are required: (1) Front yard: Not less than 50 feet in depth. (2) Rear yard: Not less than 50 feet in depth. (3) Side yards: None required with respect to buildings all on the same lot,but not less than 50 feet from any structure to a side property line. (4) Courts shall be completely open on one side, with a width not less than the height of the tallest opposite structure and a depth not more than one and one-half the width. (5) Spaces between buildings: the distance between any two structures shall be no less than 20 feet. B. The foregoing requirements may include any required buffer areas and shall not be in addition to any required buffer areas. § 270-107. Building area. The maximum building area shall not exceed 30% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. § 270-108. Minimum usable open space. Minimum usable open space shall be not less than 30% of the lot area. For this purpose "usable 90 Town of Ithaca PC1CodeBook for Windows open space" shall mean that portion of the lot area not covered by any structure (as defined in Article III) or driveway, and generally intended to be occupied by suitable vegetation or landscaping. § 270-109. Size and area of lot. Lots in Multiple Residence Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least 30,000 square feet if public sewer facilities are available, otherwise the minimum lot area shall be at least two acres; and B. Minimum width at the street line shall be 100 feet; and C. Minimum width at the maximum required front yard setback line (50 feet from the street line) shall be 150 feet; and D. Minimum depth from the street line shall be 200 feet. § 270-110. Parking. Parking requirements shall be as set forth in Article XXVII. § 270-111. Additional special requirements. Additional special requirements include the following: A. Access and sidewalks. Access drives shall be paved with blacktop, concrete, or other solid material. Driveways and walkways shall provide safe access, egress and traffic circulation within the site. The placement, size and arrangement of access to public streets shall be subject to the approval of the appropriate highway authority. Where density of population, traffic,bus routes, or other safety issues make it desirable, the developer or applicant for rezoning shall install sidewalks with the approval of the appropriate highway authority. B. Recreation. The developer or applicant shall provide recreation areas for children on the premises, such as playgrounds,parks, or other recreational facilities, in such amount as may be necessary to protect the health, safety and general welfare of the children and residents in the district. C. Screening of waste and refuse. No waste or refuse shall be placed outside any building in a Multiple Residence Zone except that an area common to all buildings, or a separate area for each building shall be reserved at the rear of the structure or structures. This area shall contain bins, or other receptacles adequate to prevent the scattering of waste and refuse, and shall be planted or fenced so as to be screened from the public view. Such area and receptacles shall not be located in the buffer area set forth above. No refuse shall be burned on the premises. D. Buffer areas. No structure shall be placed nearer to any other Residence Zone, Agricultural Zone, Commercial Zone or Industrial Zone than double the maximum distance of the side yard requirement of the adjoining zone (e.g., if the Multiple Residence Zone adjoins a Low Density Residence Zone, and if the maximum side yard requirement in such Low Density Zone is 40 feet (excluding the fifteen-foot side yard applicable to garages, as such fifteen-foot distance is not the maximum side yard requirement), no structure in the Multiple Residence Zone shall be closer than 80 feet to such Low Density Zone). A strip at least 10 feet wide within such buffer area shall be suitably planted to screen a Multiple Residence Zone from other present or future residences outside the zone, or a suitable screening fence 91 Town of Ithaca PC1CodeBook for Windows shall be erected. The Planning Board, in reviewing the site plan, may alter or waive the vegetative requirement along the public street side. E. Additional screening. In addition to the landscaping, screening, fencing and buffer requirements set forth above, the Planning Board in the site plan review process may require additional landscaping, fencing, screening, or earth berm to be provided in any area where the proposed structure or use would, in the opinion of the Planning Board, create a hazardous condition or would detract from the value of neighboring property if such additional landscaping, fencing, screening, or berm were not provided. § 270-112. Site plan approval. No building permit shall be issued for a building or structure within a Multiple Residence Zone unless the proposed building is in accordance with a site plan approved pursuant to the provisions of Article XXIII. In addition to the site plan requirements set forth such provisions, the site plan shall be subject to the following additional requirements as authorized by Town Law § 274-a: A. Such site plan shall show, when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes. B. Land for park,playground or other recreational purposes shall not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such finding shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular site plan will contribute. Such evaluation may also include reference to any current Parks, Recreation and Open Space Plan existing in the Town. C. In the event the Planning Board makes a finding pursuant to Subsection B of this section that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes,but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Planning Board may require a sum of money in lieu thereof in an amount to be established by the Town Board. In making such determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park,playground or other recreational purposes,pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Town exclusively for park,playground or other recreational purposes, including the acquisition of property. D. Notwithstanding the foregoing, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to § 276 of the Town Law or pursuant to Chapter 234, Subdivision of Land, of the Code of the Town of Ithaca(as either may be amended from time to time), the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the requiring the reservation of additional parkland or additional money to be donated in lieu thereof. E. If the Town Board,by resolution or local law,has established the amounts, or a formula by 92 Town of Ithaca PC1CodeBook for Windows which amounts payable in lieu of land reservation may be determined, the amounts payable pursuant to this section shall be as set forth in, or determined by, such local law. ARTICLE XIII, Commercial Zones Generally § 270-113. Purpose. The purpose of the establishing Commercial Zones and the following regulations is to establish certain areas where retail businesses and other commercial uses of land will be encouraged and to establish standards by which development in these areas shall occur. § 270-114. Permitted accessory uses. Permitted accessory uses in all Commercial Zones shall be the following: A. Automobile parking and off-street loading areas, subject to the further requirements of this chapter. B. Accessory storage buildings, but not to include outside storage. C. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. D. The dwelling of a guard, caretaker or custodian but not more than one dwelling unit per building. E. Child day-care centers upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter. F. Where the use is as a dwelling, home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-2007] G. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3. [Added 8-13-2007 by L.L. No. 7-2007] H. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] § 270-115. Minimum area for commercial zone. [Amended 1-4-2011 by L.L. No. 3-2011] A minimum tract of two acres is required for the development of a Commercial Zone except for developments in the following zones: A. A Neighborhood Commercial Zone, for which the minimum tract required is one acre; B. A Vehicle Fueling and Repair Zone, for which the minimum tract required is 30,000 square feet; and C. A Limited Historic Commercial Zone, for which the minimum tract required is 15,000 square feet. § 270-116. Height limitations. Except as may be specifically otherwise authorized in this chapter, in Commercial Zones no building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, and no structure other than a building shall exceed 30 feet in height. 93 Town of Ithaca PC1CodeBook for Windows § 270-117. Yard regulations. A. Except as may be specifically otherwise authorized in this chapter, in Commercial Zones yards of at least the following dimensions are required: (1) Front yard: Not less than 50 feet in depth. (2) Rear yard: Not less than 30 feet in depth. (3) Side yards: None required with respect to buildings all on the same lot,but not less than 30 feet from any structure to a side property line. (4) Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard requirements. B. The foregoing requirements may include any required buffer areas and shall not be in addition to any required buffer areas. § 270-118. Building area. [Amended 1-4-2011 by L.L. No. 3-2011] The maximum building area shall not exceed 30% of the lot area, except in a Limited Historic Commercial Zone, in which the maximum building area shall not exceed 25% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. § 270-119. Minimum usable open space. Minimum usable open space shall be not less than 30% of the lot area. For this purpose "usable open space" shall mean that portion of the lot area not covered by any structure (as defined in Article III) or driveway, and generally intended to be occupied by suitable vegetation or landscaping. § 270-120. Size and area of lot. [Amended 1-4-2011 by L.L. No. 3-20111 A. Lots in all Commercial Zones except Limited Historic Commercial Zones shall meet the following minimum requirements: (1) Minimum lot area shall be at least 30,000 square feet if public sewer facilities are available; otherwise the minimum lot area shall be at least two acres; and (2) Minimum width at the street line shall be 100 feet; and (3) Minimum width at the maximum required front yard setback line (50 feet from the street line) shall be 150 feet; and (4) Minimum depth from the street line shall be 200 feet. B. Lots in Limited Historic Commercial Zones shall meet the following minimum requirements: (1) Minimum lot area shall be at least 15,000 square feet; and (2) The minimum width at the street line, the minimum width at the maximum required front yard setback line, and the minimum depth from the street line shall be those required by the zoning district in which the property was located immediately prior to the adoption of the Limited Historic Commercial Zone. § 270-121. Parking. Parking requirements shall be as set forth in Article XXVII. 94 Town of Ithaca PC1CodeBook for Windows § 270-122. Additional special requirements. Additional special requirements include the following: A. Off-street loading. At least one off-street loading space shall be required for each 20,000 square feet of floor area, including basement. B. Access and sidewalks. Access drives shall be paved with blacktop, concrete, or other solid material, and, if business is to be carried on in the evening, shall be adequately lighted. All outdoor lighting must comply with the requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code. Driveways and walkways shall provide safe access, egress and traffic circulation within the site. The placement, size and arrangement of access to public streets shall be subject to the approval of the appropriate highway authority. Unless waived by the Town Board or Planning Board for good cause shown, sidewalks shall be installed by the developer of any commercial zone (except Lakefront Commercial Zones) simultaneously with construction of any commercial buildings on any site. [Amended 10-16-2006 by L.L. No. 12-2006] C. Buffer areas and screening. [Amended 1-4-2011 by L.L. No. 3-2011] (1) The following buffer requirements apply in all Commercial Zones except Limited Historic Commercial Zones. No structure shall be placed closer than 50 feet to any residence zone and 30 feet to any other zone. A strip at least 10 feet wide within such buffer area shall be suitably planted to screen a Commercial Zone from present or future residences, or a suitable screening fence shall be erected. (2) The following requirements apply in all Commercial Zones. No waste or refuse shall be placed outside any building in a Commercial Zone except that an area common to all businesses, or a separate area for each business may be reserved at the rear of the structure or structures. These areas shall contain bins, or other receptacles adequate to prevent the scattering of waste and refuse, and shall be planted or fenced so as to be screened from the public view. Such area and receptacles shall not be located in any applicable buffer area as set forth above. No refuse shall be burned on the premises. D. Additional screening. In addition to the landscaping, screening, fencing and buffer requirements set forth above, in all Commercial Zones (including the Limited Historic Commercial Zone) additional landscaping, fencing, screening, or earth berm may be required to be provided by the Planning Board in the site plan review process in any area where the proposed structure or use would, in the reasonable opinion of the Planning Board, create a hazardous condition or would detract from the value of neighboring property if such landscaping, fencing, screening, or earth berm were not provided. [Amended 1-4-2011 by L.L. No. 3-2011] E. Supplemental limitations. In the event that any of the uses permitted in any of the Commercial Zones involve small-scale assembly,repair,processing, fabrication, or cooking, such activity shall create no objectionable noise, smoke, odor, vibration or disorder beyond the lot lines of said businesses. [Amended 1-4-2011 by L.L. No. 3-2011] F. Displays. In all Commercial Zones except Vehicle Fueling and Repair Commercial Zones, no outside displays shall be permitted unless otherwise specifically authorized by this chapter. § 270-123. Drive-through operations. [Amended 1-4-2011 by L.L. No. 3-20111 Drive-up or drive-through facilities are not allowed in a Commercial Zone unless the provisions applicable to the zone specifically state they are allowed. The inclusion of a use that may 95 Town of Ithaca PC1CodeBook for Windows occasionally or often have a drive-up or drive-through facility associated with it, such as a bank, does not authorize drive-up or drive-through facilities for that use without a specific statement in the provisions applicable to the zone that such facilities are allowed. § 270-124. Site plan approval. No building permit shall be issued for a building or structure within a Commercial Zone unless the proposed building is in accordance with a site plan approved pursuant to the provisions of Article XXIII of this chapter. ARTICLE XIV, Neighborhood Commercial Zones § 270-125. Purpose. The purpose of the Neighborhood Commercial Zone is to provide areas or centers for shopping and service-oriented uses that are easily accessible to the neighborhoods which they serve, which are not intended to draw customers from considerable distances, or which have low-volume traffic and no significant impacts so as to be minimally intrusive upon residential neighborhoods. These zones shall be located so as to be generally distributed throughout the Town in proportion to the population and shall be limited both in size and in proximity to one another. § 270-126. Permitted principal uses. Only the following buildings or uses are permitted of right in a Neighborhood Commercial Zone: A. The following retail uses provided that the interior floor area is 5,000 square feet or less: (1) Retail food store/grocery. (2) Retail sales of candy, ice cream, gifts, flowers and similar small items. (3) Retail store(other than a retail store expressly referred to elsewhere in this chapter) where goods are sold from inside the store and rental of goods is not a significant portion of the revenues. (4) Arts and crafts gallery/studio. (5) Photography store/studio. (6) Drugstore/pharmacy. (7) Florist. (8) Bicycle sales/repairs which may include outside displays. (9) Bakery. (10)Plant nursery which may include outside displays. (11)Hardware store. (12)Painting and decorating boutique. (13)Bookstore or newsstand. B. The following personal service retail uses provided that the interior floor area is 5,000 square feet or less: (1) Bank or other financial institution. (2) Laundromat, dry cleaning (self-service or pickup). (3) Barbershop or beauty parlor. 96 Town of Ithaca PC1CodeBook for Windows (4) Milliner/dressmaker/tailor. (5) Shoe maker/repair. (6) Restaurant or coffee shop. (7) Caterer. (8) Photocopying/related printing. (9) Optician. (10)Decorator. C. Business,professional, administrative, or governmental office,but excluding a medical or dental clinic. D. Fire station and emergency medical services. E. The following uses provided that the area on which construction occurs on the land is 5,000 square feet or less (excluding underground utilities): (1) Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to other buildings in the district in which the substations or similar structures are constructed. F. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] § 270-127. Principal uses authorized by special permit only. The following uses are permitted in a Neighborhood Commercial Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Any of the uses, except caterer, set forth above as being permitted as of right where the interior floor area for such use exceeds 5,000 square feet. B. The following uses where the construction on the lot exceeds 5,000 square feet of land area but does not exceed 10,000 square feet of land area(excluding underground utilities): (1) Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to other buildings in the district in which the substations or similar structures are constructed. C. Bank or other financial institution with a drive-through with a maximum of two drive-through lanes served by tellers or automatic teller machines. D. Furniture and appliance sales and service. E. Packaging/mailing service. F. Hotel or motel provided the facility fronts on a state highway. G. Child day-care center and elder care center. H. Clubhouse, lodge, community center. L Mixed use commercial and residential provided the commercial use is a use that would be permitted in a Neighborhood Commercial Zone if it were not in a mixed use facility. J. Health or fitness center. K. Any other lawful use, not otherwise specifically referred to in this chapter, that both the Planning Board and the Zoning Board of Appeals find is substantially similar to a use permitted as of right in the Neighborhood Commercial Zone and does not have greater adverse effects upon traffic, noise, air quality,parking, or any other attribute reasonably 97 Town of Ithaca PC1CodeBook for Windows relevant, than a use permitted as of right. § 270-128. Maximum building size. No building in a Neighborhood Commercial Zone shall exceed 7,500 square feet in size (inclusive of all floors except a basement used solely for storage) unless the Planning Board,by special permit, authorizes the size to be increased up to 10,000 square feet. In no event shall a building exceed 10,000 square feet in size (inclusive of all floors except a basement used solely for storage). ARTICLE XV, Office Park Commercial Zones § 270-129. Purpose. The purpose of the Office Park Commercial Zone is to provide areas in the Town where office parks involving business offices but not retail sales nor industrial products might be located in a manner that is not totally inconsistent with residential areas but which may serve as transition zones from lower density residential to higher intensity residential and commercial uses and may involve traffic and other impacts that would begin to degrade the residential environment. § 270-130. Permitted principal uses. Only the following buildings or uses are permitted of right in an Office Park Commercial Zone: A. Bank or other financial institution with or without a drive-through facility,provided any drive-through facility shall be limited to no more than two drive-through lanes. B. Business, administrative or professional offices. C. Medical and dental clinics not involving any overnight occupancy. D. Optician and related facilities. E. Municipal or other governmental offices. F. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] § 270-131. Principal uses authorized by special permit only. The following uses are permitted in an Office Park Commercial Zone,but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Any municipal or public utility purpose necessary to the maintenance of utility services involving construction on more than 10,000 square feet of land. B. Fire station or other public building necessary to the protection of or servicing of a neighborhood. C. Arts and crafts gallery or studio. D. Restaurant. E. Packaging/mailing service. F. Research and development facility which contains laboratories or other areas that are not 98 Town of Ithaca PC1CodeBook for Windows offices. G. Clubhouse, lodge, community center. H. Hospital, medical or dental clinic that involves overnight occupancy. § 270-132. Additional permitted accessory uses. In addition to accessory uses authorized in all Commercial Zones, the following accessory uses are permitted in an Office Park Commercial Zone: A. Cafeteria or lunchroom. B. Retail sales of candy, ice cream,baked goods, flowers, and other small items. C. Child or elder day-care center. D. Health or fitness center. ARTICLE XVI, Community Commercial Zones § 270-133. Purpose. The purpose of the Community Commercial Zone is to provide areas in the Town for a broader range of economic activities which include activities that may draw clientele from all areas in the Town and from outside the Town. It is the intention to locate such areas where there is minimal impact on established residential neighborhoods, where the necessary infrastructure is available, and where transportation facilities can be provided. The uses in this zone will typically involve more traffic and related noises than in the Neighborhood and Office Park Commercial Zones. § 270-134. Permitted principal uses. Only the following buildings or uses are permitted of right in a Community Commercial Zone: A. Any of the uses permitted in a Neighborhood Commercial Zone or the Office Park Commercial Zone that do not require a special permit or approval other than for the size of the facility. Such uses are permitted as of right if the interior floor area is not more than 10,000 square feet. B. Any of the following uses provided that the interior floor area is 10,000 square feet or less: (1) Bank or other financial institution with drive-through with a maximum of two drive-through lanes served by tellers or automatic teller machines. (2) Building supply which may include outside displays. (3) Drugstore with a drive-through with no more than one driving lane passing through the drive-through window area. (4) Electrical shop. (5) Furniture and appliance sales and service. (6) Glass shop. (7) Greenhouse which may include outside displays. (8) Heating shop. (9) Monument works which may include outside displays. (10)Optician. (11)Package liquor store. 99 Town of Ithaca PC1CodeBook for Windows (12)Pet shop,provided such shop does not have any outside pens or runs. (13)Plumbing shop. (14)Printer. (15)Video store. (16)Packaging/mailing service. C. Hotel or motel of 30 sleeping rooms or less. D. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] § 270-135. Principal uses authorized by special permit only. The following uses are permitted in a Community Commercial Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter and provided the interior floor area for each store(or if the use is other than as a store, the space occupied by each entity) is no greater than 25,000 square feet unless limited below to a lesser amount: A. Any of the uses permitted in Neighborhood Commercial Zone or Office Park Commercial Zone upon receipt of a special permit. B. Any of the uses set forth in §§ 270-126, 270-127, 270-130 and 270-134 above where the interior floor area for such use exceeds the maximum permitted allowable in said sections, usually 10,000 square feet. C. Public library. D. Theater, skating rink, bowling alley, dance hall, where the activity involved is conducted exclusively inside a building provided that such place of business shall be located at least 200 feet from any residence district. E. Restaurant or other place for the serving of food, with or without a drive-through facility provided, however, that no new restaurant with a drive-through facility shall be permitted within 1,500 feet of the property boundary line of an existing restaurant with a drive-through facility. If alcoholic beverages are served, the place of business shall be located at least 200 feet from a school or church and at least 150 feet from any residence zone. Notwithstanding any other provision of this chapter, no such facility with a drive-through shall exceed 10,000 square feet of interior space. F. Bar or tavern,provided the place of business is located at least 200 feet from a school or church and at least 150 feet from any residence zone. G. Bank or other financial institution with drive-through with not more than three drive-through lanes served by tellers or automatic teller machines. H. Drugstore or pharmacy with a drive-through with not more than three driving lanes passing through the drive-through window(s) area. L Clubhouse or lodge,provided that no building so used shall be within 100 feet of any street or within 150 feet of the lot line of an adjoining owner. J. Undertaker. K. Hotel or motel with more than 30 sleeping rooms. L. Public parking garage or lot such as a park-n-ride parking lot. M. Mixed use commercial and residential provided the commercial use is a use that would be permitted in a Community Commercial Zone if it were not in a mixed use facility. N. Veterinary office or clinic. No veterinary office or clinic shall exceed 10,000 square feet of 100 Town of Ithaca PC1CodeBook for Windows interior space. O. Medical and dental clinics not involving any overnight occupancy. P. Upholsterer. Q. Car wash, including a car wash drive-through facility, provided the footprint of the car wash building does not exceed 10,000 square feet. R. Any other lawful use, not otherwise specifically referred to in this chapter, that both the Planning Board and the Zoning Board of Appeals find is substantially similar to a use permitted as of right in the Community Commercial Zone and does not have greater adverse effects upon traffic, noise, air quality, parking, or any other attribute reasonably relevant, than a use permitted as of right. ARTICLE XVII, Vehicle Fueling and Repair Commercial Zones § 270-136. Purpose. The purpose of the Vehicle Fueling and Repair Commercial Zone is to provide areas where retail sales of automotive gasoline and related products might occur as well as the sale and repair of automobiles, all in an environment that minimizes the impact of such activities on residential and Neighborhood Commercial Zones. § 270-137. Permitted principal uses. Only the following buildings or uses are permitted of right in a Vehicle Fueling and Repair Commercial Zone: A. Vehicle fuel sales station and vehicle repair garage provided that all servicing of vehicles shall take place on private property, and that no repair work, except short-term emergency repairs,be carried on out-of-doors. B. Car wash, including a car wash that is a drive-through facility. C. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] § 270-138. Principal use authorized by special permit only. The following use is permitted in a Vehicle Fueling and Repair Commercial Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Convenience store with gasoline sales. B. Public parking garage or parking lot. C. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements as apply to other buildings in the district in which the substations or similar structures are constructed. 101 Town of Ithaca PC1CodeBook for Windows ARTICLE XVIII, Lakefront Commercial Zones § 270-139. Purpose. The purpose of the Lakefront Commercial Zone is to provide areas in the Town for coherent development of commercial facilities that are uniquely related to the shore front of Cayuga Lake and are not inherently incompatible with adjacent residential zones. § 270-140. Permitted principal uses. Only the following buildings or uses are permitted of right in a Lakefront Commercial Zone: A. Boat harbor and marina. B. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] § 270-141. Principal uses authorized by special permit only. The following uses are permitted in a Lakefront Commercial Zone upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Restaurant or other place for the serving of food. If alcoholic beverages are served, the place of business shall be located at least 200 feet from a school or church or 150 feet from a residence district. B. Hotel or motel,provided that the principal building is set back at least 100 feet from the shoreline. C. Clubhouse or lodge,provided that no buildings so used shall be within 100 feet of any street, or within 150 feet of the lot line of an adjoining owner. D. Mixed use commercial and residential,provided the commercial use is a use that would be permitted in a Lakefront Commercial Zone if it were not in a mixed use facility and provided that any residential component of any building is set back at least 100 feet from the shoreline. E. Any municipal or public utility purpose necessary to the maintenance of utility services involving construction on not more than 5,000 square feet of land. F. Institution of higher-learning facilities principally dedicated to water-related research, education and recreational activities, excluding dormitory accommodations. [Added 9-10-2007 by L.L. No. 8-2007] § 270-142. Accessory uses authorized by special permit only. In addition to accessory uses authorized in all Commercial Zones, the following accessory use is permitted in a Lakefront Commercial Zone but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Retail sales of candy, ice cream,baked goods, flowers, and other small items. § 270-142.1. Additional yard regulations. [Added 9-10-2007 by L.L. No. 8-20071 In addition to the yard regulations applicable to all Commercial Zones, the following 102 Town of Ithaca PC1CodeBook for Windows requirements shall apply to Lakefront Commercial Zones: A. Minimum setback from shoreline. Any principal building,parking area, cabana, gazebo, boathouse or other accessory structure, excluding such uncovered facilities as docks,piers, wharves, sea walls,boat ramps, boatlifts, boat hoists and moorings, shall be located at least 30 feet inland from the ordinary high water line of the shoreline. B. Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed structures, including piers, docks, wharves, sea walls,boat lifts,boat hoists,boat ramps, and moorings. The Planning Board, during site plan review, may establish a minimum setback of greater than 30 feet from the ordinary high water line based on due consideration by the Board of the preservation and protection of sensitive environmental features, and the maintenance of the wooded character of the shoreline area(if applicable), as well as scenic views and vistas. Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in § 270-191 of this chapter are met, including but not limited to proposed changes to or additions of piers, docks, wharves and similar structures where such changes or additions meet a § 270-191 threshold. ARTICLE XVIIIA, Limited Historic Commercial Zones [Adopted 1-4-2011 by L.L. No. 2-2011] § 270-142.2. Purpose. The purpose of the Limited Historic Commercial Zone is to promote the preservation,protection, and enhancement of significant historic resources in the Town of Ithaca by allowing a wide range of reuse and redevelopment options, while also ensuring the compatibility of redeveloped historic properties with neighboring residential and other uses. In particular, one of the purposes of the Limited Historic Commercial Zone is to facilitate preservation and protection of historically significant residential buildings by authorizing uses that will provide a wide range of opportunities for making such preservation and protection financially feasible. § 270-142.3. Eligibility and reversion. A. The Town Board may rezone areas to Limited Historic Commercial upon application for a specific proposal in accordance with the rezoning procedures in Article XXII, Procedures for Creation of New Zones. Such rezoning shall lie in the sole discretion of the Town Board, as a legislative body. No owner of land or other person having an interest in land shall be entitled as a matter of right to have the land rezoned. Such rezoning will be considered only for: (1) Buildings or structures that are listed on the New York State and/or National Registers of Historic Places; or (2) Buildings or structures that have been determined to be eligible for listing on said Registers of Historic Places; or (3) Buildings or structures that have been identified as potentially significant in the Town of Ithaca Historic Resources Survey (Final Report for the Intensive Level Survey, 103 Town of Ithaca PC1CodeBook for Windows September 2005, as it may be revised or updated from time to time). B. The Town Board may, in its legislative discretion, rezone a property to Limited Historic Commercial,provided it makes the following findings regarding the application: (1) The buildings or structures meet one or more of the criteria in Subsection A above; and (2) The application serves to implement the legislative intent and purposes set forth in this article. C. Once rezoned, the Limited Historic Commercial Zone designation shall remain in effect as long as the buildings or structures for which the historic designation was given remain on the site in reasonably good condition so as to preserve exterior architectural features (including but not limited to exterior walls, roofs, windows, eaves, door surrounds, foundations and exterior chimneys), and in addition their exteriors are maintained in a manner that preserves their historic integrity. If the Town Board after a public hearing determines that the buildings or structures are not in reasonably good condition or the exteriors are not being maintained in a manner that preserves their historic integrity, then the Town Board shall undertake the appropriate procedures to remove the property from the Limited Historic Commercial Zone and rezone the property to the zoning designation in effect immediately prior to the creation of the Limited Historic Commercial Zone,unless in the interim there has been a general rezoning of the area surrounding the property, in which event the Town Board shall rezone the property to the same zoning as then in effect along a majority of the perimeter of the property. D. If the historic buildings or structures are demolished, or if the historic buildings or structures are destroyed in whole or part by any means so that the destruction exceeds 50% of the assessed values of the buildings or structures in effect immediately prior to the destruction, the zoning for the property shall automatically revert to the zoning designation in effect immediately prior to the creation of the Limited Historic Commercial Zone, unless in the interim there has been a general rezoning of the area surrounding the property, in which event the zoning shall revert to the same zoning as then in effect along a majority of the perimeter of the property. E. If at the time of creation of a Limited Historic Commercial Zone the historic buildings or structures in the zone are listed, or are eligible for listing, on the New York State and/or National Registers of Historic Places, and they subsequently are no longer listed or lose their eligibility for listing, the zoning for the property shall automatically revert to the zoning designation in effect immediately prior to the creation of the Limited Historic Commercial Zone, unless in the interim there has been a general rezoning of the area surrounding the property, in which event the zoning shall revert to the same zoning as then in effect along a majority of the perimeter of the property. F. Notwithstanding anything to the contrary in this chapter, if a property is rezoned pursuant to Subsection C above or the zoning for the property automatically reverts as provided in Subsections D or E above, then any existing use that had been permitted pursuant to this section but is not permitted as a result of the rezoning or reversion shall terminate by no later than one year from the date of the rezoning or reversion. Such nonconforming use may be extended upon application within the one-year period for a special approval for such extension from the Board of Appeals. Such approval shall not be granted unless the applicant establishes and the Board of Appeals finds that, notwithstanding the one-year period for amortizing the nonconforming use, termination of the nonconforming use would cause serious financial harm to the property owner not balanced or justified by the advantage to the 104 Town of Ithaca PC1CodeBook for Windows public accruing from the cessation of such use. In making this determination the Board shall consider, among other factors (including the factors set forth elsewhere in this chapter relating to the issuance of special permits or approvals), the nature of the nonconforming use; the cost of converting to a conforming use; the amount of the applicant's investment in improvements erected on the property that existed on the date of the zoning change or reversion; the condition of such improvements; the detriment caused by the nonconforming use; the character of the neighborhood; the depreciation of buildings and other fixed capital improvements taken for income tax purposes; the detriment to the property owner caused by the cessation of the use; and whether an additional reasonable amount of time is needed by the owner to amortize any substantial and unrecovered costs associated with the nonconforming use. In making its determination the Board shall disregard, as irrelevant, any costs incurred after the rezoning or reversion for purchase of a nonconforming building, property or use or costs to repair, maintain, improve or enlarge a nonconforming building, property or use. If the extension is granted, the Board of Appeals shall set a fixed additional period for the extension of time before the nonconforming use must be terminated. § 270-142.4. Permitted principal uses. Only the following buildings, structures or uses are permitted as a matter of right in a Limited Historic Commercial Zone: A. A one-family dwelling to be occupied by no more than: (1) One family; or (2) One family plus no more than one boarder, roomer, lodger, or other occupant. B. A two-family dwelling,provided that each dwelling unit is occupied by no more than one family. C. Publicly owned park or playground including accessory buildings and structures and improvements. § 270-142.5. Principal uses authorized by special permit only. The following uses are permitted in a Limited Historic Commercial Zone,but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter: A. Clubhouse, lodge, community center. B. Mixed-use commercial and residential,provided the commercial use is a use that would be permitted in the Limited Historic Commercial Zone if it were not in a mixed-use facility. C. Bed-and-breakfast. D. Churches or other places of worship. E. Public, parochial and private schools, public library, public museum, nursery school, and any institution of higher learning. F. Visitor center for tourists. G. The following retail uses provided that the interior floor area is 4,000 square feet or less: (1) Retail food store/grocery. (2) Retail sales of candy, ice cream, gifts, flowers, and similar small items. (3) Arts and crafts gallery/studio. (4) Photography store/studio. (5) Drugstore/pharmacy. 105 Town of Ithaca PC1CodeBook for Windows (6) Florist. (7) Bakery. (8) Bookstore or newsstand. (9) Antique sales and repair. (10)Jewelry sales, design and repair. (11)Musical instrument sales and repair. H. The following personal service and office uses provided that the interior floor area is 4,000 square feet or less: (1) Bank or other financial institution. (2) Barbershop or beauty parlor. (3) Restaurant or coffee shop. (4) Caterer. (5) Optician. (6) Interior decorator. (7) Repair shops where goods are repaired by hand using hand tools or small-scale equipment,but excluding vehicle repair garages. (8) Tailor or dressmaker/designer. (9) Massage therapy. (10)Picture framing. (11)Business, medical, dental,professional, or government office,but excluding a medical or dental clinic. L Any other lawful use, not otherwise specifically referred to in this article, that the Planning Board finds is substantially similar to any of the uses listed in Subsections G or H above and does not have greater adverse effects upon traffic, noise, air quality,parking, or any other reasonably relevant attribute, than a use listed in Subsections G or H. § 270-142.6. Permitted accessory uses and structures. In addition to accessory buildings, structures and uses authorized in all Commercial Zones, the following accessory buildings, structures and uses are permitted as of right in a Limited Historic Commercial Zone: A. Up to three accessory buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or larger, in which event the aggregate area of the accessory buildings may not exceed 2,000 square feet. B. Adult day-care facilities serving no more than four clients at any one time. § 270-142.7. Yard regulations. In Limited Historic Commercial Zones, yards of at least the following dimensions are required: A. Front yard: Not less than the average depth of the front yards of buildings on lots immediately adjacent. However, the front yard depth shall not be less than 15 feet nor need it be greater than 25 feet. B. Rear yard: Not less than 15 feet in depth. C. Side yards: None required with respect to buildings all on the same lot, but not less than 15 feet from any structure to a side property line, except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be 10 feet from a 106 Town of Ithaca PC1CodeBook for Windows side line which is not a street line. D. Accessory buildings: Accessory buildings other than garages may not occupy any open space other than a rear yard. Accessory buildings, in the aggregate, may occupy not more than 40% of any required rear yard and, if other than a garage, shall be not less than three feet from any side or rear lot line. Any accessory building on a corner lot shall not be less than five feet from the rear lot line. § 270-142.8. Additional special requirements. In addition to the additional special requirements in § 270-122, the following additional special requirements shall also apply in the Limited Historic Commercial Zone: A. Where the requirements in this article conflict with requirements in other sections of this chapter, the requirements in this article shall prevail in their applicability to a Limited Historic Commercial Zone. B. Building conversions, alterations, additions, reconstructions, repairs, signs, and other site elements shall be compatible with the historic and architectural character of the buildings or structures that have been designated or identified as having historic significance as outlined in § 270-142.3 of this article. This requirement shall apply to the exteriors of buildings, structures and site elements, not to their interiors. ARTICLE XIX, Light Industrial Zones § 270-143. Purpose. The purpose of the Light Industrial Zone is to permit, where appropriate, the construction of research and development oriented industries, high technology enterprises, light manufacturing facilities, and other moderately intensive industrial activities which would not generally be appropriate in residential areas but which may not require the same level of separation from residential areas as more intensive industrial uses. Areas may be zoned as a Light Industrial Zone by the Town Board or upon application for a specific proposal, all in accordance with the normal rezoning procedures. Generally, such rezoning will be permitted only in areas where public water and sanitary facilities are available, where public transportation may be readily available, and where other resources and facilities that complement multiple light industrial uses are found. In reaching its decision on whether to rezone to a Light Industrial Zone, the Town Board shall consider the general criteria set forth in this chapter, the most current Comprehensive or Master Plan for the Town, and this statement of purpose. § 270-144. Permitted principal uses. Only the following buildings or uses are permitted of right in a Light Industrial Zone: A. Business, administrative or professional offices. B. Industrial uses employing electric power or other motor power, or utilizing hand labor, for fabrication or assembly. [Amended 7-11-2011 by L.L. No. 10-2011] C. Indoor warehousing and indoor storage including self-service storage facilities. D. Printing,publishing and bookbinding. 107 Town of Ithaca PC1CodeBook for Windows E. Research and development facilities utilizing office spaces, indoor scientific laboratories, and other similar indoor spaces. F. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3. [Added 8-13-2007 by L.L. No. 7-2007] G. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] § 270-145. Adult entertainment uses authorized by special approval only. Adult entertainment businesses are permitted in certain Light Industrial Zones,but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this chapter after receipt of a favorable recommendation for same from the Planning Board, and only upon the conditions set forth below: A. Adult entertainment businesses are permitted only in those Light Industrial Districts which adjoin a State Highway(e.g.,New York State Route 13). B. The Board of Appeals, after favorable recommendation of the Planning Board, grants a special approval for same in accordance with the provisions of Article XXIV, Special Permits and Special Approvals, of this chapter utilizing the criteria set forth or referred to in said article for the granting of a special approval. C. The building in which the business is conducted, and the related parking areas, are located at least 150 feet from any highway right-of-way line, at least 280 feet from the boundary of any other zoning district, and at least 280 feet from any public park, school, or church. For this purpose, the Finger Lakes Trail is considered a public park, and the boundaries of such trail are deemed to be the lines on each side of the center line that are parallel to, and 20 feet from, the center line of the trail. D. The building and lot upon which it is located comply in all other respects with the requirements set forth in the provisions of this article governing Light Industrial Zones, except as modified by this section and with the following further exceptions: (1) If the type of adult entertainment business is one specified in § 270-227 the minimum parking requirements shall be those set forth in such section for that type of structure (e.g., if the adult entertainment business is a theater, there shall be one parking space for each five seats). (2) If the type of adult entertainment business is not one specified in § 270-227 the minimum parking requirement shall be 300 square feet of parking area, including lanes and driveways, for each 100 feet of floor area, exclusive of basements used for storage (e.g., if the adult entertainment business is a massage parlor, the minimum parking area shall be 300 square feet for each 100 feet of floor area). (3) The minimum parking requirements may be reduced in accordance with the criteria and procedures referred to § 270-227. § 270-146. Permitted accessory buildings and uses. Only the following accessory buildings or uses are permitted of right in a Light Industrial Zone: A. Automobile parking and off-street loading areas subject to the further requirements of this article. B. Accessory storage buildings, but not to include outside storage. C. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. 108 Town of Ithaca PC1CodeBook for Windows D. The dwelling of an owner, operator, or manager, or of a guard, caretaker, or custodian, provided that no more than one dwelling unit per industry shall be established. E. Guardhouse. F. Child day-care centers upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter. G. Cafeteria or lunchroom. H. Recreational facilities including playfields,ballfields, tennis and volleyball courts, swimming pools and fitness centers. I. (Reserved)XX1°EN J. Where the use is as a dwelling, home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-2007] K. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3. [Added 8-13-2007 by L.L. No. 7-2007] L. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] § 270-147. Minimum area for a light industrial zone. A minimum tract of 10 acres is required for the development of a Light Industrial Zone. § 270-148. Height limitations. Except as may be specifically otherwise authorized in this chapter, in Light Industrial Zones no building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, and no structure other than a building shall exceed 36 feet in height. § 270-149. Yard regulations. A. Except as may be specifically otherwise authorized in this chapter, in Light Industrial Zones yards of at least the following dimensions are required: (1) Front yard: Not less than 150 feet in depth. (2) Rear yard: Not less than 60 feet in depth. (3) Side yards: None required with respect to buildings all on the same lot,but not less than 60 feet from any structure to a side property line. (4) Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard requirements. B. The foregoing requirements may include any required buffer areas and shall not be in addition to any required buffer areas. § 270-150. Building area. The maximum building area shall not exceed 30% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. § 270-151. Minimum usable open space. 109 Town of Ithaca PC1CodeBook for Windows Minimum usable open space shall be not less than 30% of the lot area. For this purpose "usable open space" shall mean that portion of the lot area not covered by any structure (as defined in Article III) or driveway, and generally intended to be occupied by suitable vegetation or landscaping. § 270-152. Size and area of lot. Lots in Light Industrial Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least two acres; and B. Minimum width at the street line shall be 150 feet; and C. Minimum width at the maximum required front yard setback line (150 feet from the street line) shall be 200 feet; and D. Minimum depth from the street line shall be 300 feet. § 270-153. Parking. Parking requirements shall be as set forth in Article XXVII. § 270-154. Additional special requirements. Additional special requirements include the following: A. Off-street loading: Same as in Commercial Zones (§ 270-122A). B. Access and sidewalks: Same as in Commercial Zones (§ 270-122B). C. Buffer areas and screening: Same as in Commercial Zones (§ 270-122C) except no structure shall be placed closer than 60 feet to any residence zone and 30 feet to any other zone. D. Additional screening: Same as in Commercial Zones (§ 270-122D). E. Displays: In all Light Industrial Zones no outside displays shall be permitted unless otherwise specifically authorized by this chapter. § 270-155. Performance standards. Any use in a Light Industrial Zone shall be so operated as to be in conformity with the following additional standards: A. Noise. (1) No use shall operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the land use category stated below when measured at the boundary of the property nearest the receiving land use. Time Receiv Sound ing Level Land Limit Use (dBa) Catego ry 110 Town of Ithaca PC1CodeBook for Windows 7:00 65 Reside a.m. to ntial 7:00 use p.m. 7:00 55 P.M. to 7:00 a.m. 7:00 60 Naturala.m. to areas 7:00 p.m. 7:00 50 P.M. to 7:00 a.m. All 7:00 68 other a.m. to 7:00 p.m. 7:00 58 P.M. to 7:00 a.m. (2) For any source of sound which emits a pure tone, a discrete tone or impulsive sound, the maximum sound limits set forth above shall be reduced by five dBa. B. Vibration. No activity shall cause or create a discernible steady state or impact vibration at or beyond the boundary of the property. C. Atmospheric emissions. There shall be no emission of dust, dirt, smoke, fly ash, or noxious gases or other noxious substances which could cause damage to the health of persons, animals, or plant life. D. Odor. There shall be no emission of any offensive odor discernible at the boundary of the property. E. Glare and heat. No glare or heat shall be produced that is perceptible beyond the boundaries of the property. Exterior illumination shall be shaded and directed to prevent glare or traffic hazard on surrounding properties and streets. F. Radioactivity and electromagnetic interference. No activities shall be permitted which emit dangerous radioactivity. No activities shall be permitted which produce any electromagnetic 111 Town of Ithaca PC1CodeBook for Windows disturbance adversely affecting the operation of any equipment outside the boundary of the property. G. Fire and explosion hazards. All activities involving, and all storage of flammable and explosive materials, shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire suppression equipment and devices standard in the industry and as may be required by any applicable codes, laws, or regulations. All burning of such waste materials in open fires is prohibited. H. Vermin. There shall be no storage of material, either indoors or out, in such a manner that it attracts or facilitates the breeding of vermin or endangers public health or the environment in any way. § 270-156. Site plan approval. No building permit shall be issued for a building or structure within a Light Industrial Zone unless the proposed building is in accordance with a site plan approved pursuant to the provisions of Article XXIII. ARTICLE XX, Industrial Zones § 270-157. Purpose. The purpose of the Industrial Zone is to permit, where appropriate, manufacturing and other industrial facilities. Areas may be zoned as an Industrial Zone by the Town Board or upon application for a specific proposal, all in accordance with the normal rezoning procedures. Generally, such rezoning will be permitted only in areas where public water and sanitary facilities are available, where public transportation may be readily available, and where other resources and facilities that complement industrial uses are found. In reaching its decision on whether to rezone to an Industrial Zone, the Town Board shall consider the general criteria set forth in this chapter, the most current Comprehensive or Master Plan for the Town, and this statement of purpose. § 270-158. Permitted principal uses. In an Industrial Zone buildings and land may be used for any lawful manufacturing activity and any lawful activity permitted as of right in a Light Industrial Zone, except for the uses expressly enumerated below. Certain uses or facilities, set forth below, are permitted only upon receipt of a special permit from the Planning Board as set forth below. § 270-159. Prohibited uses. The following uses are prohibited in an Industrial Zone: A. Dwelling units, except as an accessory use as set forth below. B. Sales of any products at retail to the general public except as the same may be related to and an incidental by-product of a permitted principal use such as manufacturing. C. Restaurants of any nature except for cafeterias or other similar facilities that are incidental to 112 Town of Ithaca PC1CodeBook for Windows and related specifically to a permitted principal use such as manufacturing. D. Motel. E. Hotel. F. Adult entertainment business. G. Any of the following factories or works: arsenal,blast furnace, boiler works, iron, steel,brass or copper foundry, metal ore, smelting,planing mill,rolling mill and stockyards or slaughterhouse. H. The manufacturing or storage of explosives and gas, oil and other flammables or petroleum products. § 270-160. Permitted accessory buildings and uses. Only the following accessory buildings or uses are permitted of right in an Industrial Zone: A. Automobile parking and off-street loading areas subject to the further requirements of this article. B. Accessory storage buildings. C. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca. D. The dwelling of an owner, operator, or manager, or of a guard, caretaker, or custodian, provided that no more than one dwelling unit per industry shall be established. E. Guardhouse. F. Child day-care centers upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter. G. Cafeteria or lunchroom incidental to and related specifically to a permitted use. H. Recreational facilities including playfields,ballfields, tennis and volleyball courts, swimming pools and fitness centers. I. (Reserved)XX°EN J. Where the use is as a dwelling, home occupations, subject to the limitations on home occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L. No. 1-2007] K. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3. [Added 8-13-2007 by L.L. No. 7-2007] L. Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008] § 270-161. Placement of accessory structures. [Amended 11-9-2009 by L.L. No. 14-2009] Except as otherwise provided elsewhere in this chapter, accessory structures or buildings may be placed in any required side or rear yard but no closer than five feet to the boundary of the property. Except as otherwise provided herein or elsewhere in this chapter, no structures shall be placed in any required buffer zone. Parking, signs, and guardhouses may be placed in a front yard,provided the Planning Board finds the location of such structures is in accordance with the criteria for approval of the site plan and the location is shown on an approved site plan. Signs and guardhouses if placed in a required front yard may also be placed in any required buffer zone that is in the front of the property. § 270-162. Minimum area for an industrial zone. 113 Town of Ithaca PC1CodeBook for Windows A minimum tract of 10 acres is required for the development of an Industrial Zone. § 270-163. Height limitations. Except as may be specifically otherwise authorized in this chapter, in Industrial Zones no building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, and no structure other than a building shall exceed 36 feet in height. § 270-164. Yard regulations. A. Except as may be specifically otherwise authorized in this chapter, in Industrial Zones yards of at least the following dimensions are required: (1) Front yard: Not less than 150 feet in depth. (2) Rear yard: Not less than 60 feet in depth. (3) Side yards: None required with respect to buildings all on the same lot,but not less than 60 feet from any structure to a side property line. (4) Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard requirements. B. The foregoing requirements may include any required buffer areas and shall not be in addition to any required buffer areas. § 270-165. Building area. The maximum building area shall not exceed 30% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage. § 270-166. Minimum usable open space. Minimum usable open space shall be not less than 30% of the lot area. For this purpose "usable open space" shall mean that portion of the lot area not covered by any structure (as defined in Article III) or driveway, and generally intended to be occupied by suitable vegetation or landscaping. § 270-167. Size and area of lot. Lots in Industrial Zones shall meet the following minimum requirements: A. Minimum lot area shall be at least two acres; and B. Minimum width at the street line shall be 150 feet; and C. Minimum width at the maximum required front yard setback line (150 feet from the street line) shall be 200 feet; and D. Minimum depth from the street line shall be 300 feet. § 270-168. Parking. Parking requirements shall be as set forth in Article XXVII. 114 Town of Ithaca PC1CodeBook for Windows § 270-169. Additional special requirements. Additional special requirements include the following: A. Off-street loading: Same as in Commercial Zones (§ 270-122A). B. Access and sidewalks: Same as in Commercial Zones (§ 270-122B). C. Buffer areas and screening: Same as in Commercial Zones (§ 270-122C) except no structure shall be placed closer than 100 feet to any residence zone and 50 feet to any other zone. D. Additional screening: Same as in Commercial Zones (§ 270-122AD). E. Displays. In all Industrial Zones no outside displays shall be permitted unless otherwise specifically authorized by this chapter. § 270-170. Performance standards. Any use in an Industrial Zone shall be so operated as to be in conformity with the performance standards set forth with respect to Light Industrial Zones above. § 270-171. Site plan approval. No building permit shall be issued for a building or structure within an Industrial Zone nor shall any existing building, structure or use in an Industrial Zone be changed unless the proposed building and/or use is in accordance with a site plan approved pursuant to the provisions of Article XXIII. ARTICLE XXI, Planned Development Zones § 270-172. Purpose. The purpose of the Planned Development Zone is to permit, where appropriate, a degree of flexibility in conventional land use and design regulations which will encourage development in an imaginative and innovative way while through the process of review, discussion and law change, insuring efficient investment in public improvements, a more suitable environment, and protection of community interest. This article is intended to relate to both residential and nonresidential development, as well as mixed forms of development. There may be uses, now or in the future, which are not expressly permitted by the other terms of this chapter but which uses would not contravene the long range Comprehensive Plan objectives if they adhere to certain predetermined performance and design conditions. The Planned Development Zone is intended to be used to enable these developments to occur even though they may not be specifically authorized by this chapter. Areas may be zoned as a Planned Development Zone by the Town Board or upon application for a specific proposal, all in accordance with the normal rezoning procedures. Because the intention is to create self-contained, architecturally consistent and compatible buildings, many times with diverse but related uses, and because the creation of a Planned Development Zone will entail sufficient review to assure the uses within the zone will have negligible or no adverse effects upon properties surrounding the zone, a Planned Development Zone may be created in any zone within the Town. In reaching its decision on whether to rezone to a Planned Development Zone, the Town Board shall consider the general 115 Town of Ithaca PC1CodeBook for Windows criteria set forth in this chapter, the most current Comprehensive or Master Plan for the Town, and this statement of purpose. § 270-173. Establishment and location. With the approval of the Town Board, a Planned Development Zone may be established in any zone in the Town. The establishment of any such zone shall lie in the sole discretion of the Town Board, as a legislative body. It shall be established by amending the Zoning Ordinance to permit such establishment. The enactment and establishment of such a zone shall be a legislative act. No owner of land or other person having an interest in land shall be entitled as a matter of right to the enactment or establishment of any such zone. § 270-174. Permitted principal and accessory uses. In a Planned Development Zone buildings and land may be used for any lawful purpose permitted in the zone where it is located, plus any other uses which the Town Board may authorize upon findings that such additional uses: A. Further the health and welfare of the community; and B. Are in accordance with the Comprehensive or General Plan for the Town. § 270-175. Additional requirements. In any rezoning to a Planned Development Zone the Town Board may impose such conditions or limitations that the Town Board, in its legislative discretion, may determine to be necessary or desirable to insure the development conforms with the Comprehensive Plan of the Town, including limiting the permitted uses, location and size of buildings and structures,providing for open space and recreational areas, and requiring bonds or other assurances of completion of any infrastructure to be built as part of the development. § 270-176. Minimum area for Planned Development Zone. A minimum tract of two acres is required for the development of a Planned Development Zone. § 270-177. Yard and other regulations. Yard,height, building coverage, lot size, and any performance standards shall be as set forth in the legislation rezoning the area to a Planned Development Zone. Unless otherwise stated in such legislation, if no such regulations are set forth, the regulations applicable to the zone in which the Planned Development Zone is located shall govern. § 270-178. Site plan approval. No structure shall be erected or placed within a Planned Development Zone, no building permit shall be issued for a building or structure within a Planned Development Zone, and no existing building, structure or use in a Planned Development Zone be changed, unless the proposed building and/or use is in accordance with a site plan approved pursuant to the provisions of Article XXIII. 116 Town of Ithaca PC1CodeBook for Windows ARTICLE XXII, Procedures for Creation of New Zones § 270-179. Zones to which applicable. The procedures set forth in this article shall govern applications for establishment of a Mobile Home Park Zone, a Multiple Residence Zone, a Commercial Zone of any nature, a Light Industrial Zone, an Industrial Zone, or a Planned Development Zone, all hereinafter referred to as "zones," and shall be in addition to any requirements specified in any of the articles governing any of such zones. § 270-180. General provisions. The provisions set forth below shall govern establishment of zones when application for same is made by any person or entity other than the Town of Ithaca. Should the establishment of a zone be initiated by the Town Board, the procedures to be followed are those set forth in New York State Town Law and this chapter governing amendments of a zoning ordinance. § 270-181. Procedures for creation of a zone. Any person or entity requesting the establishment of a zone shall proceed as follows: A. The applicant shall have the option to make an informal presubmission presentation to the appropriate Board or to the Town planning staff at which time rezoning application requirements and procedures may be reviewed. A sketch plan or other general description should be prepared by the applicant for use at the presubmission meeting, to indicate the general nature of the proposal. A purpose of this nonmandatory meeting would be to give the applicant,before incurring substantial expense to comply with the formal application process, an opportunity to discuss the applicant's plans informally to determine if there are substantial reasons known to the Town staff that would suggest the proposal would not be acceptable to the applicable Town Boards and to provide an opportunity for achievement of a project and rezoning that would be acceptable in the public interest. B. The applicant shall submit an application to the Town Planner on forms supplied by the Town which shall include such information as the Town Planner may reasonably require to evaluate the proposal. Such application shall be accompanied by any required fees. C. The applicant shall submit with the application a general site plan which shall be transmitted to the Town Board and which shall show(unless one or more items are waived by the Town Board)property lines, including metes and bounds, adjacent public streets, topography, size and location of existing or proposed structures, and such other plans and information deemed reasonably necessary by the Town Board for adequate study of the proposed plan. D. The Town Board shall preliminarily determine whether it will consider the application for the rezoning, or deny same. If the Town Board determines that it will entertain the application the Town Board shall refer the matter to the Planning Board for review and recommendation. E. The applicant shall be notified of the referral and shall be required to provide such additional materials, including any required environmental assessment forms, drawings, elevations, or other documents as the Town Planner may reasonably require to allow a full and complete study of the proposal. Such materials shall be supplied at least 10 working days prior to the Planning Board meeting at which the matter will be considered. 117 Town of Ithaca PC1CodeBook for Windows F. Upon review of the matter by the Planning Board after such referral, the Planning Board may require such changes in the general site plan as are necessary to meet the requirements of this chapter and may make any other recommendations which it deems necessary to promote the general health, safety, morals, and welfare of the community. The Planning Board shall then adopt a resolution recommending a) a finding regarding environmental significance of the proposal, and b) either approval, approval with modifications, or disapproval of the proposed plan. Before any such resolution is adopted, the Planning Board shall hold a public hearing which shall be heard by the Planning Board within 45 days of the filing of the general site plan and all related materials with the Planning Board, and such hearing shall be advertised in a newspaper of general circulation in the Town of Ithaca at least five days before such hearing. The Planning Board shall make its recommendation within the 45 days after the hearing and forward the same to the Town Clerk. G. The Town Board shall comply with applicable provisions of SEQR. H. The Town Board shall hold a public hearing on the proposed zone with the same notice required by law in the case of an amendment to the Zoning Ordinance, which public hearing may include any public hearings required by SEQR. If the Town Board establishes such zone after such hearing, it shall define the boundaries thereof, approve the general site plan and impose any modifications and additional requirements as it may determine. Before finally establishing any such zone, the Town Board may refer the application to the Town Planning Board or the Zoning Board of Appeals for such further consideration as the Town Board may require. No building permit shall, in any case,be issued on the basis of a general site plan. L Whenever a zone other than a Planned Development Zone is created pursuant to the provisions of this article, the owner shall be bound by the general site plan as approved and adopted by the Town Board, except that the Planning Board shall have authority to authorize minor changes or additions to the general site plan provided the same do not materially alter the intensity of use or other significant characteristics of the general site plan, and provided the same do not violate any express conditions imposed by the Town Board in creating the zone. In the case of zones other than Planned Development Zones, the Planning Board may authorize changes or additions provided the same do not violate any express conditions imposed by the Town Board in creating the zone. J. Upon the creation of the zone, unless the general site plan was of sufficient detail and contained sufficient information as to constitute, in the Town Board's discretion, a final site plan, the matter shall be referred to the Planning Board for final site plan approval in accordance with the site plan approval process set forth below. ARTICLE XXIII, Site Plan Review and Approval Procedures § 270-182. Purpose. The purpose of site plan review is to provide for the review and approval of development plans to ensure that land development occurs in harmony with surrounding uses, without adversely impacting neighboring parcels,property values,public facilities, infrastructure or the natural environment. 118 Town of Ithaca PC1CodeBook for Windows § 270-183. Site plan required prior to building permit or certificate of occupancy. Before a building permit or certificate of occupancy can be issued for any of the activities for which site plan approval is required, a site plan must be approved by the Planning Board in accordance with these and other applicable provisions. § 270-184. Applicability. The requirements set forth in this article shall apply to all activities or developments that are referred to elsewhere in this chapter as requiring a site plan approval. In addition, and supplementing such provisions, the requirements of this article shall also apply to the following actions except as to those actions specifically exempted, or for which alternative specific site plan review and approval requirements are established, elsewhere in this chapter: A. All new commercial, industrial or institutional development. B. All new multifamily housing. C. Any modification of existing commercial, industrial, institutional or multifamily buildings, for which no previous site plan exists. D. Any expansion of existing commercial, industrial, institutional or multifamily buildings which involve an increase in the gross floor area of an existing building by more than 10% in the aggregate since any previous site plan approval. E. Any conversion of an existing residential structure to a nonresidential use(except as may have occurred in connection with a home occupation established in conformity with the provisions of this chapter). F. Any conversion of an existing nonresidential structure into a residential structure containing three or more dwelling units. G. Any modification to an existing residential structure which increases the number of dwelling units in the building to three or more dwelling units. H. Any change of an existing nonresidential building from one type of use specified in this chapter to another(e.g., conversion of a commercial structure to an industrial facility or conversion from a warehouse to a restaurant). I. Any other modification to any facility or structure not set forth in the preceding subsections, for which final site plan approval was or is presently required by the terms of this chapter or any modification to any previously approved site plan, except as otherwise authorized below. § 270-185. Procedure. A. The site plan process incorporates three successive stages: a) sketch plan review,b) preliminary site plan approval, and c) final site plan approval. Final site plan approval is required in all cases prior to the issuance of a building permit or certificate of occupancy. The sketch plan review is at the option of the applicant except as may be required by the Director of Planning if the proposed project is complex,has significant potential effects on the environment, or if other conditions exist such that a sketch review would be beneficial to the applicant or the Town. B. Sketch plan review. The sole purpose of sketch plan review is to review generally and informally the proposed project, advise the applicant as to whether it is reasonable to anticipate a positive response to a formal application, and to highlight any concerns that may be readily apparent to the Planning Board. No vote of approval or disapproval shall be taken 119 Town of Ithaca PC1CodeBook for Windows with respect to a sketch plan. C. Preliminary site plan review. An applicant may, at his or her discretion, apply for preliminary site plan approval. Further, if the Planning Board determines that an application for final site plan approval is insufficient for an affirmative decision, the Board may grant preliminary site plan approval with such conditions and restrictions as are permitted by § 274-a of the Town Law or any similar or successor statute. D. Formal application. (1) Unless other requirements of this chapter govern (e.g., the procedures for creation of Planned Development Zone) the applicant shall make formal application for site plan approval by submitting, at a minimum: (a) One completed and signed development review application. (b) Applicable application fees. (c) Deposit of review fees. (d) One fully completed and signed short environmental assessment form, Part I (SEAF), or long environmental assessment form, Part I(LEAF), whichever is required. (e) Estimate of costs of site improvements (excluding cost of land acquisition and professional fees) to be prepared(preferably)by a licensed professional engineer. (f) Four full-size dark-line prints of the site plan and 25 reduced copies of all sheets of the plan(the reduced copies to be no larger than 11 inches by 17 inches)with all required information. (g) All other information required by this chapter or other laws, rules or regulations for site plan approval. (2) The application for site plan approval shall not be deemed complete until all of the above items are received by the Town Planner and the requirements of SEQR have been met. E. Upon receipt of a complete application, the Planning Board shall hold a public hearing in accordance with the provisions of Town Law § 274-a or any similar or successor applicable statutes and shall render a decision approving, approving with conditions, or disapproving the site plan. F. In making its decision, the Planning Board shall have the power to impose conditions and restrictions as authorized by§ 274-a of the Town Law or any similar or successor statute. G. If preliminary site plan approval is granted, when the developer applies for final site plan approval the same procedures shall again be utilized, except that if the final site plan is in substantial agreement with the site plan that received preliminary site plan approval, no further action under SEQR shall be required. If the final site plan differs significantly from the preliminary site plan, it shall be treated as a new application, including compliance with applicable SEQR requirements. H. In reviewing the final site plan application following preliminary site plan approval, the Planning Board shall, in the absence of significant new information, confine its review to determining whether the final plan a) conforms to the preliminary plan,b) complies with any conditions imposed by the Board in granting preliminary approval, and c) complies in all other respects with the provisions of the Town Law and this chapter. 1. The owner and applicant shall be bound by the final site plan as approved by the Planning Board, and all construction and development shall occur only in accordance with the finally approved site plan, unless specifically otherwise authorized by the provisions of this chapter. 120 Town of Ithaca PC1CodeBook for Windows § 270-186. Site plan requirements. The site plan shall include the following items, and such additional items as may be reasonably requested by the Planning Board in order to fully and adequately review the application for approval of the site plan or other permit or authorization being sought, which requirements may be articulated on one or more checklists supplied to applicants for site plan approval or modification. Without limiting the authority of the Planning Board or other reviewing board of the Town with respect to additional items, the minimum items to be included are set forth below with respect to each type of site plan being reviewed. A. Sketch plan requirements. The sketch plan shall include: (1) General location in the Town of the proposed development. (2) Approximate boundaries of parcel(s) involved. (3) Existing land use and proposed land use. (4) Approximate location of existing and proposed buildings or other significant structures. (5) Approximate location of adjacent or nearby highways. (6) General topography of project area. (7) General indication of potentially significant natural or cultural features on or adjacent to the site(e.g., wetlands, creeks, steep slopes or historic structures). (8) Existing land uses of immediately adjacent properties. (9) Written explanation of the character and purpose of the proposed development including the type and density of development, water and sewer systems proposed, and general timetable for the development. B. Preliminary site plan requirements. The preliminary site plan shall include: (1) Name and address of all owners of the property and name and address of all persons who have an interest in the property, such as easements or rights-of-way. (2) Key map, when more than one sheet is required to present site plan. (3) Vicinity map showing the general location of the property, one inch= 1,000 feet or one inch=2,000 feet. (4) Name of project, which shall not duplicate the name of any other project or subdivision in the county. (5) Name and seal of each registered land surveyor(s), engineer(s), architect(s) or landscape architect(s) who prepared any of the site plan materials, including the topographic and boundary survey, drainage plans, etc. (6) Date of site plan and any related documentation, and dates of any applicable revisions. (7) Map scale(one inch= 50 feet or one inch= 100 feet) in bar form and North point. (8) Name of Town, county and state. (9) Exact boundary lines of the tract, indicated by a heavy line, showing location and description of all monuments, giving property metes and bounds to the nearest 1/10 foot, angles to the nearest minute, and at least one bearing. (10)Location of any natural and cultural features within and immediately adjacent to the site including but not limited to streams, lakes, floodplains,ponds, wetlands, structures or sites listed, or eligible for listing, on the state or national registers of historic places, woodlands,brushlands, significant natural habitats,rare plants, view-sheds and unique natural areas, or other features pertinent to review of the proposed project. (11)Location, size, and use of all existing structures,parking areas, access drives, off-street loading areas, signs, lighting,pedestrian or bicycle facilities, landscaping, and other existing features pertinent to plan review. 121 Town of Ithaca PC1CodeBook for Windows (12)Location, size,proposed use, design, and construction materials of all proposed structures, including floor plans, elevations from all four sides of all significant structures showing exterior configuration, dimensions, finishes, fenestrations, colors and other usual building details. (13)Location, design, dimensions and construction materials of all proposed roads, sidewalks,bike paths,parking areas, fences, retaining walls, and screening. (14) Size, location, height, design, and construction materials of all proposed signs and exterior lighting, including type of lighting fixtures and amount and area of illumination of any proposed lighting. (15)Location, design, and construction materials of all proposed pedestrian and bicycle facilities. (16)Landscaping plan and planting schedule showing locations, species, and size of proposed plantings, and existing landscaping to be retained, including also location and proposed design of any buffers. (17)Location, design, and construction materials of all proposed water and sewage facilities. (18)Locations of any existing or proposed fire and other emergency zones, including the location of fire hydrants. (19)Location, name, and dimensions of each existing highway and alley and each utility, drainage, or similar easement within, abutting, or in the immediate vicinity of the proposed project site. (20)Existing and proposed site topography represented by contour lines with intervals as required by the Planning Board, but not to exceed five feet, including a grading plan describing the volumes of cut and fill materials and their composition, and including elevations of proposed buildings, signage, lighting, and other features. (21)Drainage plan, showing of existing and proposed drainage patterns, including a description of method used for analysis, the calculation of drainage area above point of entry for each watercourse entering or abutting the site, and proposed method of on-site retention if required, and details of any drainage improvements to be made. Generally the method of analysis shall be approved by the Director of Engineering and shall assume that, unless the Planning Board determines otherwise for good cause shown, that the rate of surface and subsurface run-off from the project site will not increase during or after construction of the project. (22)Border lines bounding the sheet, one inch from the left edge and 1/2 inch from each of the other edges. All required information, including signatures, seals, dates and other information shall be within the border lines. (23)Accurate outlines and descriptions of any areas to be dedicated or reserved for public use or acquisition, with the purposes indicated thereon, and of any areas to be reserved by deed covenant for common uses of all property owners, tenants, or other users of the property in the project. (24)The plan and profile of each proposed highway in the development, with grade indicated, drawn to a scale of one inch= 50 feet horizontal, and one inch=five feet vertical, on standard plan and profile sheets. Profiles shall show accurately the profile of the highway or alley along the highway center line and location of the sidewalks, if any. (25)Reference on the site plan to any separate instruments, including restrictive covenants, which directly affect the land in the project. (26)Names and addresses of all property owners of all parcels abutting the site, or within 500 122 Town of Ithaca PC1CodeBook for Windows feet of the perimeter boundary of the site, including owners of easements or rights-of-way, together with tax parcel numbers for all such owners. (27)Estimate of the cost of improvements (excluding the purchase cost of land) to be prepared by a licensed professional engineer or other qualified professional satisfactory to the Planning Board. (28)Three dark-line prints of the proposed site plan and 25 copies of all sheets of the proposed site plan in reduced format(no larger than 11 inches by 17 inches) and copy of all other items required above(except development review application). (29)A certificate signed by the owner and, if applicable, any contract vendee to the effect that i) the owner owns the land, ii) the owner or contract vendee caused the land to be surveyed and the site plan to be prepared, iii) the owner(or, if applicable, the contract vendee) agrees to construct the project in the manner represented by the finally approved site plan and all related approved application documents, and iv) the owner(or, if applicable, the contract vendee) makes any dedications indicated in any of the site plan documentation and agrees and guarantees to construct any required infrastructure elements set forth on the finally approved site plan. (30)Where required by Town Code Chapter 228, a stormwater pollution prevention plan or erosion and sedimentation control plan meeting the requirements of Chapter 228. [Added 2-11-2008 by L.L. No. 4-2008] C. Final site plan requirements. The final site plan shall include: (1) All of the items set forth above for preliminary site plan approval, modified if necessary to comply with any conditions imposed as part of the preliminary site plan approval process. (2) One original set of the final site plan drawings on Mylar, vellum or paper, signed and sealed by the registered land surveyor(s), engineer(s), architect(s) or landscape architect(s) who prepared the site plan materials, to be retained by the Town, and two sets of paper copies of the final site plan drawings. (3) Record of application for and approval status of all necessary permits from county, state, and/or federal agencies with copies of all necessary permits or approvals to be provided prior to issuance of any certificate of occupancy. (4) Design development drawings for all buildings and construction details of all other proposed structures,roads, water/sewer facilities, and other improvements, including, but not limited to, specifications for water lines, including locations and descriptions of mains, valves, hydrants, appurtenances, etc., and profiles and specifications for sanitary sewers and storm drainage facilities, including locations and descriptions of pipes, manholes, lift stations, and other facilities. (5) A certificate signed and sealed by the mortgagee(s), if any, to the effect that the mortgagee consents to the site plan, the construction of the project as shown, and the dedications and restrictions, if any, shown on or referred to on the site plan. § 270-187. Waiver of requirements. The Town Board in those circumstances where a site plan is required for Town Board review, and the Planning Board in those circumstances where a site plan is provided for Planning Board review, may waive one or more items (e.g., topography) otherwise normally required to be shown on the site plan when the applicable board determines that the circumstances of the 123 Town of Ithaca PC1CodeBook for Windows application do not require a full site plan for adequate consideration of the applicant's proposal. § 270-188. Considerations for approval. The Planning Board's review of a site plan shall include as appropriate,but shall not be limited to, the following considerations: A. Adequacy, arrangement, and location of vehicular access and circulation, including intersections,road widths,pavement surfaces, off-street parking and loading areas, and traffic controls. B. Adequacy, arrangement, and location of pedestrian and bicycle traffic access and circulation, control of intersections with vehicular traffic, and appropriate provisions for handicapped persons. C. Adequacy, location, arrangement, size, design, and general site compatibility of buildings, lighting, signs, open spaces,paved areas, outdoor waste disposal facilities, and contiguity of open spaces. D. Adequacy, type, and arrangement of trees, shrubs, and other landscaping, including those on site and those constituting a visual and/or noise-deterring buffer between the applicant's and adjoining lands, including the retention of existing vegetation of value to the maximum extent possible. E. In the case of a residential property, and in the case of other properties where appropriate, the adequacy and utility of open space for playgrounds and for informal recreation. F. Compatibility of the project with the surrounding neighborhood, including protection of adjacent properties and the general public against noise, glare,unsightliness, or other objectionable features. G. Adequacy of stormwater drainage, water supply, sewage disposal facilities and other community infrastructures and services. H. Adequacy of fire lanes and other emergency provisions. L The effect of the proposed development on environmentally sensitive areas including but not limited to wetlands, floodplains, woodlands, steep slopes, watercourses or bodies, viewsheds, unique natural habitats, and on other open space areas of importance to the neighborhood or community. J. The effect of the proposed development on any historic structures listed or eligible for listing on the National Register of Historic Places. K. The need for, and the adequacy of, any natural or man-made buffers. L. Whether the design of the project minimizes the increase of impervious surfaces on the site. M. Compliance with the Town's Comprehensive Plan, Zoning Ordinance, Subdivision Regulations, Water Resources Ordinances, if applicable, Outdoor Lighting Law,XX°'EN and any other applicable laws, rules,requirements, or policies. [Amended 10-16-2006 by L.L. No. 12-2006] § 270-189. Limitations on construction. No site plan shall be approved which provides for construction or other disturbance of land in environmentally sensitive areas, including but not limited to, wetlands, watercourses, steep slopes, unique natural areas, or rare plant or animal habitats, unless the applicant demonstrates with professional evidence reasonably satisfactory to the Planning Board that such construction 124 Town of Ithaca PC1CodeBook for Windows may occur without adverse environmental effects upon such areas. Nothing in this subsection is intended to permit construction or other activities in areas where the same are prohibited or regulated by other laws or regulations of the federal, state, county, or local government. § 270-190. Reservation of parkland on site plans containing residential units. If the proposed project includes dwelling units, the Planning Board may, in accordance with the provisions and requirements of Town Law § 274-a or any similar or successor law, require a park or parks to be shown on the site plan, or, to the extent permitted by § 274-a, monies in lieu of parkland. § 270-191. Modifications of site plans. A site plan that has received final site plan approval may be modified upon the application of the owner for such modification. Such application shall be in accordance with the provisions of this article and the procedures applicable to such application shall be the same as are applicable to an initial application for site plan approval. Notwithstanding the foregoing, Planning Board approval of a modification shall not be required: A. If the modification does not involve: (1) Construction of an addition of more than 1,000 square feet of enclosed space whether on one or more stories; nor (2) Construction or relocation of more than three parking spaces nor construction or relocation of any parking spaces to an area that is not adjacent to the original planned parking area; nor (3) Construction, alterations, or renovations affecting the exterior of a building or the site anticipated to cost more than $20,000; nor (4) Construction, alteration, or renovation of the interior of a building involving a change in occupancy or use; nor (5) Enlargement of an existing or previously approved building that involves an increase of square footage of more than 15% of the existing square footage of the existing or previously approved building; nor (6) Reduction of an existing or previously approved building that involves a decrease of square footage of more than 15% of the exiting or previously approved building; nor (7) Alteration of traffic flows and access nor a significant increase in the volume of traffic; nor (8) A significant(in the judgment of the Director of Planning) change in the aesthetic appearance of any structure or site plan element including landscape and lighting details from that presented at the time of the prior approval; nor (9) A change in the impacts of the project on surrounding properties, such as an increase in noise, water run-off, light illumination, or obstructions to views; nor (10)Violation of any express conditions (including, without limitation,buffer zones, setbacks, and similar restrictions) imposed by the Planning Board in granting prior site plan approval, or B. If the modification does not involve a movement or shift of a location of one or more buildings more than two feet laterally or six inches vertically from the location or elevation shown on the final site plan where: (1) Such shift does not alter proposed traffic flows or access; and 125 Town of Ithaca PC1CodeBook for Windows (2) Such shift does not directly violate any express conditions (including, without limitation, buffer zones, setbacks, etc.) imposed by the Planning Board in granting prior site plan approval. C. The numerical criteria for the exceptions from the requirement of obtaining Planning Board approval are an aggregate maximum [i.e., if a seven-hundred-square-foot addition is constructed without obtaining Planning Board approval pursuant to Subsection A(1) above, construction of a second addition larger than 300 square feet would require Planning Board approval of a modified site plan]. D. This waiver of the requirement of Planning Board approval is not intended to permit construction in violation of any other provision of this chapter including setback, side yard, and similar regulations, nor the requirement to obtain a building permit in those circumstances when otherwise required by the terms of this chapter or by the Building Code. E. A demolition, or a proposed demolition, of an existing building, or of a previously approved building on a previously approved site plan, is a modification of a site plan subject to the terms of this section. § 270-192. Letter of credit. If the Planning Board determines it is necessary to ensure that all items on the site plan that are needed to provide for adequate traffic flow, utilities, and other similar infrastructure items, are constructed in accordance with the approved final site plan and any other pertinent specifications and requirements, no building permit shall be issued for a project with an approved final site plan until the applicant has furnished to the Town Engineer an irrevocable letter of credit in an amount to be recommended by the Town Engineer and approved by the Planning Board to ensure such construction. In determining whether to require such a letter, the Planning Board shall find that such infrastructure is so integral to the project that its construction must occur in order to provide for a safe and useful environment for the community and the occupants and users of the project. The Planning Board may, in its discretion, accept in lieu of a letter of credit other evidence or promise of completion of required facilities for the site if it determines that such other evidence adequately ensures such completion. Nothing in this section shall alter any other requirement for letters of credit related to construction of facilities intended to be dedicated to the Town. § 270-193. Completion of improvements. No final certificate of occupancy or certificate of compliance shall be issued until all improvements shown on the final site plan as approved by the Planning Board,reasonably necessary to the proper and safe operation and occupancy of any completed facilities, are installed or until a sufficient performance guarantee, such as a letter of credit, has been provided to the Town for improvements not yet completed. The need for, and sufficiency of, such performance guarantee shall be determined by the Town Engineer after consultation with the Building Inspector or other persons designated by the Planning Board. The Planning Board may waive the requirement for such performance guarantee if, in its discretion, it determines that the guarantee is not needed. § 270-194. Expiration of site plan approval. 126 Town of Ithaca PC1CodeBook for Windows A. Except when a rezoning has occurred based upon a preliminary or general site plan any approval of a preliminary site plan may be revoked by the Planning Board, after a public hearing and upon written notice in person or by mail to the applicant: (1) If a fully complete application for final site plan approval has not been submitted to the Planning Board within 18 months of the date preliminary approval was granted, or (2) If an application is submitted within such eighteen-month period, such application is not diligently prosecuted by the owner to enable the Planning Board to grant final site plan approval within 24 months of the date preliminary approval was granted. B. The Planning Board may, when compliance with the foregoing time periods would create a significant hardship for the owner, extend the time periods for such periods and upon such conditions as the Planning Board may reasonably determine. C. Unless work has materially commenced in accordance with the final site plan within one year from the issuance of the building permit authorizing such work, or within 36 months of the date the Planning Board gave final site plan approval, whichever is earlier, not only the building permit but the site plan approval(both final and preliminary) shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the granting of any site plan approval. The Planning Board, upon request of the applicant, after a public hearing, and upon a finding that the imposition of the time limits set forth above would create an undue hardship on the applicant, may extend the time limits for such additional periods as the Planning Board may reasonably determine. An application for such extension may be made at the time of filing of the original application or at any time thereafter up to,but no later than, six months after the expiration of the time limits set forth above. (1) For the purposes of this section, work will not have "materially commenced" unless, at a minimum: (a) A building permit, if required, has been obtained; (b) Construction equipment and tools consistent with the size of the proposed work have been brought to and been used on the site; and (c) Substantial excavation(where excavation is required) or significant framing, erection, or construction(where excavation is not required) has been started and is being diligently pursued. ARTICLE XXIV, Special Permits and Special Approvals § 270-195. Purpose. The purpose of this article is to set forth regulations,procedures, and conditions that apply to certain permitted uses which,because of size, intensity, or other special factors, warrant special evaluation of each individual case by either the Planning Board or the Zoning Board of Appeals. § 270-196. Requirement preceding issuance of building permit or certificate of occupancy. Before a building permit or certificate of occupancy can be issued for any of the structures or activities for which either a special permit or a special approval is required, such a permit or 127 Town of Ithaca PC1CodeBook for Windows approval shall be obtained in accordance with these and other applicable provisions. § 270-197. Applicability. The requirements set forth in this article shall apply to all construction, activities, uses or developments that are referred to elsewhere in this chapter as being allowed only upon receipt of a special permit or special approval. Special permits shall be issued by the Planning Board. Special approvals shall be issued by the Zoning Board of Appeals. Any change of use of an existing structure to a use that requires a special permit or special approval shall be subject to the requirements of this article. § 270-198. Procedure. A. The applicant shall have the option to make an informal presubmission presentation to the appropriate Board at which time special permit or special approval(hereafter collectively referred to as "special authorization") application requirements may be reviewed. A sketch plan or other general description should be prepared by the applicant for use at the presubmission meeting, to indicate the general nature of the proposal. B. Formal application. (1) Unless other requirements of this chapter govern the applicant shall make formal application for special authorization to the appropriate Board by submitting, at a minimum: (a) One completed and signed application form prescribed by the Board hearing the matter. If a development review application is submitted for a site plan review and special permit, no additional application shall be required. (b) Applicable application. (c) Deposit of review fees to the extent required by this chapter or any other Town law or resolution. (d) One fully completed and signed short environmental assessment form, Part I (SEAF), or long environmental assessment form, Part I(LEAF), whichever is required. (e) Such other information or documentation as may be deemed reasonably necessary or appropriate by the reviewing staff person or Board to adequately consider the application. (2) The application for special authorization shall not be deemed complete until all of the above items are received by the Town Planner(for special permits) or Town Building Code and Zoning Enforcement Officer(for special approvals) and the requirements of SEQR have been met. C. Upon receipt of a complete application, the appropriate Board shall hold a public hearing in accordance with the provisions of Town Law § 274-b or any similar or successor applicable statutes and shall render a decision approving, approving with conditions, or denying the special authorization. Such hearing may be combined with any other hearing relating to the same proposal(e.g., site plan approval and special permit hearings may be combined). D. In making its decision, the reviewing Board shall have the power to impose conditions and restrictions as authorized by § 274-b of the Town Law or any similar or successor statute. 128 Town of Ithaca PC1CodeBook for Windows § 270-199. Waiver of requirements. The reviewing Board may waive one or more of the normal application requirements when it determines that the particular circumstances do not require all of the full application materials for adequate consideration of the request for special authorization. § 270-200. Considerations for approval. The reviewing Board's determination of an application for special authorization shall include findings consistent with any special criteria set forth in this chapter relating to the specific use or activity for which approval is being sought, and shall also include as appropriate,but shall not be limited to, findings that the following standards have been met: A. The health, safety, morals and general welfare of the community in harmony with the general purpose of this chapter(including the specific purposes related to the zone in which the premises are located) are being promoted, except that as to all public buildings and educational buildings wherein the principal use is research, administration, or instruction, the same shall be presumed to exist. B. The premises are reasonably adapted to the proposed use, and such use will fill a neighborhood or community need, except that all publicly owned or educational buildings are deemed to be adapted to the proposed use and are deemed to fill a neighborhood or community need. C. The proposed use and the location and design of any structure will be consistent with the character of the district in which it is located. D. The proposed use will not be detrimental to the general amenity or neighborhood character in amounts sufficient to devalue neighboring property or seriously inconvenience neighboring inhabitants. E. Operations in connection with the proposed use will not be more objectionable to nearby properties by reason of noise, fumes, vibrations, illumination, or other potential nuisance, than the operation of any permitted use in the particular zone, except that as to all public buildings, churches, and educational institutions the determination shall be whether the presumed benefit of such a use is outweighed by the objectionable impacts of such use on nearby properties. F. Community infrastructure and services, including but not limited to protective services, roadways, garbage collection, schools, and water and sewer facilities are currently, or will be, of adequate capacity to accommodate the proposed use. G. The proposed use,building design, and site layout comply with all the provisions of this chapter and, to the extent considered by the reviewing Board, with other regulations and ordinances of the Town, with the Building Code and all other state and federal laws, rules and regulations, and with the Town's Comprehensive Plan. H. The proposed access and egress for all structures and uses are safely designed and the site layout provides adequate access for emergency vehicles. L The general effect of the proposed use upon the community as a whole, including such items as traffic load upon public streets and load upon water and sewerage systems is not detrimental to the health, safety and general welfare of the community, except that as to all public,religious and educational uses, the determination shall be whether the presumed benefit of such a use is outweighed by the detrimental effect of the proposed use upon the health, safety, and general welfare of the community. 129 Town of Ithaca PC1CodeBook for Windows J. The lot area, access,parking, and loading facilities are sufficient for the proposed use and access,parking and loading facilities are adequately buffered to minimize their visual impact. K. Natural surface water drainage is adequately managed in accordance with good engineering practices and in accordance with any applicable Town local law or ordinance, and existing drainageways are not altered in a manner that adversely affects other properties. L. To the extent reasonably deemed relevant by the reviewing Board, the proposed use or structure complies with all the criteria applicable to site plan review set forth in this chapter. § 270-201. Modifications of special permits or special approvals. A special authorization that has been issued may be modified upon the application of the owner for such modification. Such application shall be in accordance with the provisions of this article and the procedures applicable to such application shall be the same as are applicable to an initial application for a special authorization. Notwithstanding the foregoing, no approval shall be required if the change is a modification set forth in § 270-191 as not requiring approval of a modification to a site plan. The waiver of the requirement for approval of a modification to a special permit or special approval is subject to the same conditions, and subject to the same limitations as pertain to modifications to approved site plans. § 270-202. Expiration of special permit or special approval. Unless work has materially commenced(as defined in § 270-194C) in accordance with the special authorization within one year from the issuance of the building permit authorizing such work, or within 36 months of the date the reviewing Board approved the special authorization, whichever is earlier, not only the building permit but the special authorization shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the approval of any special authorization. The reviewing Board, upon request of the applicant, after a public hearing, and upon a finding that the imposition of the time limits set forth above would create an undue hardship on the applicant, may extend the time limits for such additional periods as the reviewing Board may reasonably determine. An application for such extension may be made at the time of filing of the original application or at any time thereafter up to,but no later than, six months after the expiration of the time limits set forth above. ARTICLE XXV, Nonconforming Uses § 270-203. Nonconforming lots of record. A. In any zone in which a one-family dwelling is permitted, a one-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter creating the nonconformity,provided: (1) Such lot was a valid, lawfully existing lot prior to the adoption or amendment of this chapter which created the nonconformity; and (2) The nonconformity of the lot relates to size or area; and (3) All other provisions of this chapter, including yard requirements, are complied with, or a variance from such compliance has been obtained from the Board of Appeals. 130 Town of Ithaca PC1CodeBook for Windows B. In addition, upon receipt of a special approval from the Board of Appeals, a two-family dwelling may be constructed on such a lot if permitted by the regulations of the zone, subject to the conditions set forth above, and subject to any conditions (such as occupancy or dwelling unit size) that govern two-family dwellings in the zone in which the dwelling is located. § 270-204. Nonconforming uses of land. Where, at the effective date of adoption or amendment of this chapter, a lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions: A. Such nonconforming use must not be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter; B. Such nonconforming use must not be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter; and C. If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land must conform to the regulations specified by this chapter for the zone in which such land is located. § 270-205. Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: A. No such structure may be enlarged or altered in a way which increases its nonconformity. B. Should such structure be destroyed by any means, in whole or in part, it may be reconstructed in accordance with the provisions of§ 270-211 below. C. Should such structure be moved for any reason for any distance whatever, it must thereafter conform to the regulations for the zone in which it is located after it is moved. § 270-206. Nonconforming uses of structures. If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the zone under the terms of this chapter as amended, the lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions: A. No existing structure devoted to a use not permitted by this chapter in the zone in which it is located may be enlarged, extended, constructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the zone in which it is located or to a use permitted pursuant to § 270-210 below; B. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this 131 Town of Ithaca PC1CodeBook for Windows chapter,but such use must not be extended to occupy any land outside such building; C. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use must thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed; D. When a nonconforming use of a structure, or structure and land in combination, ceases for a period of one year, the structure or structure and land in combination must not thereafter be used except in conformance with the regulations of the zone in which it is located; E. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure eliminates the nonconforming status of the land; F. Where a nonconforming use exists in an area that has been or now requires site plan approval for any change of use, the nonconforming use may not be changed to any other use permitted in the zone until site plan approval has been obtained pursuant to the terms of this chapter. § 270-207. Interruption of nonconforming use. Notwithstanding the provisions above regarding cessation of nonconforming uses, for purposes of determining whether a nonconforming use has ceased for a period of one year there shall be excluded from the calculation of the year period any period of time during which a nonconforming use was suspended solely because of a national emergency or temporary government restrictions (other than zoning restrictions). Upon termination of the national emergency or the temporary government restriction, the calculation of the year period shall resume. § 270-208. Dwellings on nonconforming lots. Notwithstanding the provisions above prohibiting enlargement of nonconforming uses, if only a one-family dwelling or a legally existing two-family dwelling and related accessory buildings are present on a lot that is of a size or area less than that otherwise permitted in the zone in which the lot is located, and such lot is a valid nonconforming lot, such dwelling may be enlarged or altered provided: A. The existing dwelling is in conformance with all requirements of this chapter except for the fact that it is located on a lot that is less than the required size or area which lot was of record at the time of the adoption or amendment of this chapter creating the nonconformity; B. Such alteration or enlargement does not violate any other provisions of this chapter(e.g., yard, height, or other restrictions); and C. If such dwelling is a single-family dwelling, upon completion of such enlargement or alteration the building and lot continue to be used only as a single-family dwelling,provided, however, that upon receipt of a special approval from the Board of Appeals, a single-family dwelling may be enlarged to a two-family dwelling, subject to the conditions set forth above, and subject to any conditions (such as occupancy or dwelling unit size) that govern two-family dwellings in the zone in which the dwelling is located. § 270-209. Continuation of construction. Nothing in this chapter is deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been 132 Town of Ithaca PC1CodeBook for Windows diligently prosecuted and completed within two years after the effective date of the adoption or amendment making the use nonconforming. § 270-210. Alterations in use. Except as prohibited above, and subject to the requirement of obtaining site plan approval if required, a nonconforming use may be changed to another nonconforming use of the same or more restrictive classification and when so changed to a more restrictive use, it shall not again be changed to a less restrictive use. The order of the classification of restrictiveness from the most restrictive to the least restrictive shall be as follows: Conser vation Zones Agricu Mural Zones Low Densit y Reside ntial Zones Lakefr ont Reside ntial Zones Mediu in Densit y Reside ntial Zones High Densit y Reside 133 Town of Ithaca PC1CodeBook for Windows ntial Zones Mobile Home Park Zones Multip le Reside nce Zones Neighb orhood Comm ercial Zones Lakefr ont Comm ercial Zones Office Park Comm ercial Zones Comm unity Comm ercial Zones Vehicl e Fuelin g and Repair 134 Town of Ithaca PC1CodeBook for Windows Comm ercial Zones Light Industr ial Zones Industr ial Zones § 270-211. Restoration. A. Nothing herein shall prevent the continued use and substantial restoration and continued use of a nonconforming building damaged by fire, flood, earthquake, act of God, or act of the public enemy,provided that: (1) Such restoration is located on, and no larger than, the footprint of the structure prior to its destruction; and (2) Such restoration is completed within one year of the damage; and (3) The use of the building and the manner in which it was used prior to the loss is recommenced within one year of the damage. B. The time limits set forth above may be extended by the Board of Appeals in cases of practical difficulty or unnecessary hardship using the same criteria as are applied in determining applications for an area variance. An application for an extension shall be brought no later than six months after the expiration of the year period, or six months after the expiration of any previously granted extension. § 270-212. Board of Appeals determination. The Board of Appeals shall have the jurisdiction to hear and determine any claims as to whether a particular use is a valid nonconforming use, or whether a nonconforming use has been improperly extended or enlarged, or any other matter relating to the nonconforming uses. Such jurisdiction may be exercised by an appeal from a decision of the Code Enforcement Officer as hereinafter provided, or by direct application to the Board in those instances where there is no application for a permit or certificate before the Code Enforcement Officer. Any such direct application to the Board of Appeals shall be made on such forms and contain such information as the Board and/or the Code Enforcement Officer may determine and shall be delivered to the Code Enforcement Officer for submission to the Board. § 270-213. Variance criteria. In the event an application is made to the Board of Appeals for a variance to enlarge or alter a nonconforming use, the Board shall apply the same criteria in determining the matter as would 135 Town of Ithaca PC1CodeBook for Windows be applicable if the application had been made for property that was otherwise conforming. For example, if the application is to enlarge a building that already encroaches on a required side yard, the Board shall use the criteria applicable to considering an area variance. If the application is to change the use to another nonconforming use(which is not permitted pursuant to § 270-210 above), the Board shall use the criteria applicable to considering a use variance. § 270-214. Amortization of certain nonconforming uses relating to pre-1991 residential occupancies. A. Notwithstanding any other provisions of this chapter and in an effort to provide for generally uniform limitations regarding residential occupancy throughout the residential zones of the Town, the nonconforming occupancies referred to in this section shall be terminated as set forth below. B. This section shall apply to residential occupancies in all zones in which residential occupancies are permitted or occur including any special land use zones which include occupancy of dwellings as a permitted use. C. On and after March 1, 2006, notwithstanding whether a valid nonconforming use or occupancy existed at the time of the enactment of this Chapter 270, Zoning, or at the time of any amendment to this chapter limiting occupancy (including the amendment of 1991 to an earlier version of this chapter limiting occupancy), no dwelling unit shall be occupied except in the manner specifically permitted by the applicable provisions of this chapter and any nonconforming occupancy in a dwelling unit which may have existed prior to the date of the enactment of this section shall be terminated. D. The limitations imposed by this section shall not apply to buildings for which variances from the occupancy requirements of this chapter have been granted by the Board of Appeals, either before or after the enactment of this section, or to buildings for which different occupancy requirements were established by local laws or resolutions creating or regulating multiple residence zones adopted either before or after the enactment of this section. E. A nonconforming use due to be terminated pursuant to this section may be extended upon application for a special approval for such extension from the Board of Appeals. Such approval shall not be granted unless the applicant establishes and the Board of Appeals finds that, notwithstanding the fifteen year period for amortizing a nonconforming use created by the 1991 amendment referred to above, termination of the nonconforming use would cause serious financial harm to the property owner not balanced or justified by the advantage to the public in terms of more complete and effective zoning accruing from the cessation of such use. In making this determination the Board shall consider, among other factors (including the factors set forth elsewhere in this chapter relating to the issuance of special permits or approvals), i) the nature of the nonconforming use; ii) the cost of converting to a conforming use; iii) the amount of investment that existed in the property on March 1, 1991, or if the zoning change creating the nonconformity was adopted after March 1, 1991, the amount of such investment on the date of such later zoning change; iv) the detriment caused by the nonconforming use; v) the character of the neighborhood; vi) the ability of the landowner to have amortized the cost of the landowner's investment over the period between March 1, 1991 (or such later zoning change date) and the required termination of such use; and vii) whether an additional reasonable amount of time is needed by the owner to amortize the owner's investment. In making its determination the Board shall disregard, as irrelevant, any 136 Town of Ithaca PC1CodeBook for Windows costs for purchase of a nonconforming building or property or costs to repair, maintain, improve or enlarge a nonconforming property, incurred after March 1, 1991, or, if the nonconformity was created by a subsequent zoning change, any such costs incurred after such change. If the extension is granted, the Board of Appeals shall set a fixed additional period for the extension of time before the nonconforming use must be terminated. § 270-214.1. Nonconforming farms in Medium Density Residential Zones. [Added 8-1-2005 by L.L. No. 7-2005] Notwithstanding the provisions of§§ 270-203 through 270-214, a valid nonconforming farm use or nonconforming farm structure, in a Medium Density Residential Zone, may be enlarged, increased, altered, or extended upon receipt of a special approval for such action from the Board of Appeals instead of a variance. The criteria for granting such special approval shall be as set forth in § 270-200 rather than the normal criteria for granting a use variance. This section shall apply only when the principal use of the property is as a farm. ARTICLE XXVI, Special Regulations § 270-215. Mobile homes and trailers. Trailer camps or parks and trailers or mobile homes for occupancy shall be prohibited in all zones except Mobile Home Park Zones and except as follows: A. One mobile home may be placed on a vacant lot in a residence or agricultural zone for use as temporary housing during the construction of a permanent dwelling on said lot for a period not to exceed 18 months,provided that said mobile home shall be occupied by the owner of record of said lot. (1) Such eighteen-month period may be extended by permission of the Board of Appeals, upon good cause shown by the owner of the land on which the mobile home is located, and after a public hearing on same. (2) Said mobile home must be removed upon the completion of construction although the eighteen-month time limit may not have fully expired. B. Upon special approval of the Board of Appeals to be reviewed each year, one mobile home for each property owner shall be permitted in all Agricultural and Low Density Zones, provided that one of the occupants of said mobile home shall be a full-time agricultural employee of the property owner or a bona fide agricultural student doing agricultural work for the property owner. § 270-216. Elder cottages. Elder cottages shall be permitted as accessory uses, upon obtaining special approval from the Board of Appeals, and subject to the following provisions and conditions: A. Use limitations. An elder cottage shall not be occupied by more than two persons: (1) Who shall be the same persons enumerated on the application for the elder cottage, (2) Who shall be persons 55 years of age or older, and (3) At least one of such persons shall be a parent or grandparent of one of the owners and 137 Town of Ithaca PC1CodeBook for Windows occupants of the principal dwelling on the lot where the elder cottage is located. B. Dimensional limitations: (1) The elder cottage shall not exceed 750 square feet in total floor area. (2) Notwithstanding any other provisions of this chapter, the minimum size of the elder cottage may be reduced to no less than 250 square feet of enclosed floor area. (3) The elder cottage shall not exceed one story in height and under no circumstances shall the total height exceed 20 feet. C. Location requirements: (1) An elder cottage shall, subject to the further limitations of this section,be located only on a lot where there already exists a one-family or two-family dwelling. (2) No elder cottage shall be located within the front yard of any lot. (3) No elder cottage shall be permitted on a nonconforming building lot. (4) No more than one elder cottage shall be located on any lot. (5) The erection of the elder cottage shall be otherwise in conformity with all other provisions of this chapter including lot coverage and side and rear yard setbacks. D. Building requirements: (1) An elder cottage shall be clearly subordinate to the principal building on the lot and its exterior appearance and character shall be in harmony with the existing principal building. (2) An elder cottage shall be constructed in accordance with all applicable laws, regulations, codes and ordinances, including the Building Code. If an elder cottage is a factory manufactured home or component, in addition to complying with any other law, it shall bear an insignia of approval or other equivalent, legally recognized indicia of compliance with applicable laws, issued by the New York State Fire Prevention and Building Code Council or the New York State Division of Housing and Community Renewal. (3) An elder cottage shall be constructed so as to be easily removable. The cottage's foundation shall be of easily removable materials so that the lot may be restored to its original use and appearance after removal with as little expense as possible. No permanent fencing, walls, or other structures shall be installed or modified that will hinder removal of the cottage from the lot. (4) Adequate water supply and sewage disposal arrangements shall be provided, which may include connections to such facilities of the principal building. If a cottage is located in an area where electrical, cable, and/or telephone utilities are underground, such utilities serving the elder cottage shall also be underground. (5) It shall be disclosed at the time of application whether the proposed inhabitants of an elder cottage will have a car. If so, an adequate area for parking shall be required for the expected number of cars. E. Special approval: (1) The construction or placement of an elder cottage on a lot shall not occur until special approval for same is granted by the Board of Appeals. (2) The special approval shall be for a period of one year(unless earlier terminated as hereinafter set forth) and thereafter may be renewed annually by the Building and Zoning Enforcement Officer upon receipt of an application for same provided that the circumstances obtaining at the time of the original application have not changed. (3) The special approval shall terminate 120 days after: 138 Town of Ithaca PC1CodeBook for Windows (a) The death or permanent change of residence of the original occupant or occupants of the elder cottage, or (b) Any of the occupancy requirements set forth in this section are no longer met. (4) Without limiting other indicia of a permanent change of residence, continuous absence from the elder cottage of a person for a period of 180 consecutive days shall be considered to be a permanent change of residence. (5) During the one-hundred-twenty-day period following any of the events set forth in Subsection E(3)(a) and(b) above, the unit shall be removed and the site restored so that no visible evidence of the elder cottage and its accessory elements remains. If the elder cottage has not been removed by the end of the one-hundred-twenty-day period, in addition to the existing sanctions in this chapter, actions to insure removal may be taken, including removal and salvage by the Town with a lien imposed to defray any costs incurred. Such lien may be added to the real estate taxes applicable to the lot on which the elder cottage is located and collected in the same way as any other tax payable to the Town. F. Procedure for obtaining a special approval: (1) The application for original issuance of a special approval and renewal shall contain such information as the Board of Appeals or Building and Zoning Enforcement Officer may require to adequately review the qualification for granting the approval,but, for an original application shall contain at a minimum: (a) Name of owner of the lot. (b) Name of occupants of principal building. (c) Name of proposed occupants of the elder cottage. (d) Age of proposed occupants of the elder cottage. (e) Relationship of elder cottage occupants to owners and occupants of the principal building. (f) Sketch plan or survey, which shall be drawn to scale, showing: [1] Location of all existing buildings, structures, drives, walkways and the layout of utility services, [2] Proposed location and size of the elder cottage, [3] Proposed water, septic, and other utility connections, [4] Proposed landscaping and screening if any is contemplated. (g) Sketches, drawings,pictures or other materials which adequately describe the layout and appearance of the proposed elder cottage. (h) Agreement to remove the elder cottage when it no longer qualifies as such. (i) Consent for the Town to enter on the property and to remove the elder cottage if the owner fails to timely remove it, as set forth below. (2) By applying for a special approval for the erection of an elder cottage, the owner of the lot on which the elder cottage is to be located, for himself or herself, his or her heirs, successors and assigns, irrevocably consents to the entry of the Town and its authorized officials and agents upon the property, after notice and an opportunity to be heard before the Board of Appeals, for the purpose of removing the elder cottage in the event the requirements for maintenance of same are no longer met, and further agrees that any costs incurred by the Town in so removing the cottage shall become a lien upon the property on which the cottage was located subject to collection in the manner set forth above. 139 Town of Ithaca PC1CodeBook for Windows (3) The granting of a special approval shall be governed, in addition to the provisions set forth in this section, to the general provisions relating to granting of special approvals and approval of site plans. The Board of Appeals shall have the authority, in determining whether to grant the special approval, to review the site plan and apply the criteria relating to site plan approvals that the Planning Board uses in granting site plan approvals pursuant to Sections 46 et seq. The Board of Appeals shall have the further authority when granting special approval, to impose such reasonable conditions as the Board may deem necessary to minimize the impact of the addition of an elder cottage upon the lot on which it is being located as well as the neighborhood in which it is being located. G. Limitation on variances: Notwithstanding any other provisions of this chapter there shall be no variances granted for extension of time for removal of an elder cottage except that the Board of Appeals may, upon making the same findings that would normally be required for the granting of a use variance, extend the time for removal of the elder cottage for one additional six-month period. H. Definition of"owner:" For the purposes of this section, the term "owner" as applied to ownership of a principal building shall mean a natural person: (1) Who owns at least a 50% interest in the real property and related buildings, whether individually or as a tenant in common; or (2) Who owns the real property and related buildings with no more than one other individual or entity as co joint tenants or tenants by the entirety, in either event each of the co-joint tenants or tenants by the entirety having identical interests. § 270-217. Extraction or deposit of fill and related products. A. In any zone no more than 50 cubic yards of fill, sod, loam, sand, gravel, stone or similar materials (hereinafter referred to collectively as "fill") shall be deposited or removed or offered for sale in any one year, except in connection with a public work on the property or the removal of silt or other recently accumulated material that blocks a normal flow of a watercourse, without obtaining an approval pursuant to this section. B. For the purposes of this section, movement of fill from one area on a site to another location on the site shall be considered a deposit and removal and shall be subject to the fill permit requirements of this section if the requisite volume of fill is being moved, unless such activity is an activity specifically excepted from the requirements of this section by the provisions set forth below. C. If the application is for deposit or extraction of more than 50 but less than 250 cubic yards of fill, the approval may be given by the Town Engineer. If the application is for deposit or extraction of 250 cubic yards or more, special approval shall be obtained from the Board of Appeals. D. In applying for such approval, the applicant shall submit to the Town Engineer a plan of the proposed project, showing property lines, and adjacent public ways, grades and depths of proposed deposit or removal, soil types or fill types to be deposited or removed, watercourses, erosion control during and after construction as required by Chapter 228, Stormwater Management and Erosion and Sediment Control,projected duration of project, proposed regrading and replanting of the property upon completion of the operation, and such other items as the Board of Appeals or Town Engineer may require to adequately 140 Town of Ithaca PC1CodeBook for Windows review the proposed project. [Amended 2-11-2008 by L.L. No. 4-2008] E. In those cases requiring a special approval from the Board of Appeals, the Board shall not act until the Town Engineer has reviewed such plan and advised the Board that in his professional opinion the plan adequately protects the property and surrounding properties from significant adverse consequences of such deposit or removal, including, when completed, adverse drainage, erosion, visual or other adverse impacts. Before issuing a special approval, the Board shall make the same findings as are required for the Engineer's opinion. In considering the proposed use the Board shall take into account the distance of the operation from neighboring property and public ways, the possible detriment of such use to the future development of the land in question, and significant nuisance or detriment of the operation to neighboring landowners and to the community as a whole. F. The Board may impose such conditions upon the applicant as it deems necessary to protect the general welfare of the community, which may include a time limit upon operations, standards for performance, and the requirement that a performance bond be posted to insure compliance with the requirements of this chapter and with any further reasonable conditions imposed by the Board. G. In the event that the proposed movement of material involves the deposit or extraction of more than 2,500 cubic yards, the matter shall first be referred to the Planning Board for its recommendation before the Board of Appeals makes its final decision. H. Proposed movement of fill involving the deposit or extraction of less than 250 cubic yards. (1) In the event that the proposed movement of fill involves the deposit or extraction of less than 250 cubic yards, the Town Engineer may grant written approval provided that the Engineer determines,before issuing the approval, that the proposed plan: (a) Provides for appropriate erosion control during and after construction; (b) Protects against adverse drainage on the subject property and surrounding properties; (c) Provides for appropriate revegetation when necessary; (d) Provides for appropriate slope controls; and (e) Does not adversely affect properties surrounding the designated site both during and after removal or deposit of the fill. (2) The Town Engineer may impose such reasonable conditions upon the applicant as the Engineer deems necessary to protect the general welfare of the community, which may include a reasonable time limit upon operations,reasonable standards for performance, and the requirement that a performance bond or other security in a reasonable amount be posted to insure compliance with the requirements of this chapter and with any further reasonable conditions imposed by the Engineer. L The following are excepted from the requirements set forth above: (1) Any normal building operation in connection with a legal building permit, such as excavation, filling, or grading, shall be excepted from the provisions of this section provided, however, that this exception shall apply only where the total amount of material moved from one place to another place on the construction site is less than 700 cubic yards and where the total amount of material removed from the construction site to an off-site location (or brought to the construction site from an off-site location) is less than 500 cubic yards. For the purpose of this section a "construction site" consists of the larger of the following areas: (a) An area of 30,000 square feet in which the proposed construction is to be located; or (b) The area contained within the footprint of the proposed structure plus an additional 141 Town of Ithaca PC1CodeBook for Windows 50 feet adjacent to the perimeter of the proposed structure. (2) Removal or deposit of fill in connection with the construction of a septic field or septic system on an individual lot pursuant to a permit obtained from the Tompkins County Health Department. (3) Removal or deposit of fill in connection with construction in accordance with a site plan approved by the appropriate Town authority (e.g., Town Board, Town Planning Board or Board of Appeals)provided that such construction occurs within three years of the final approval of such authority. Notwithstanding the foregoing, if fill is being removed to or from another site in the Town, and if the plans for the removal from, or deposit on, such other site were reviewed by the Town Engineer and the Board granting such approval was advised of the results of such review and specifically included the proposed disposition of such fill in its approval, no further approval under this Section shall be required provided the construction occurs within the time limits set forth above. If the disposition of fill was not specifically approved by the applicable Board in connection with any such approvals, this exception shall not apply and the applicant shall be required to obtain special approval for the deposit or removal of fill relative to such other site in accordance with the terms of this section. (4) Removal, movement, or deposit of not more than 500 cubic yards of fill in an Agricultural Zone in any three-year period in conjunction with one or more bona fide agricultural uses. (5) Removal or deposit of fill in connection with construction of roads and other facilities in a subdivision approved in accordance with the requirements of the Town of Ithaca Planning Board provided,however, that: (a) Plans for such construction showing in sufficient detail the proposed removal and/or deposit of fill(including, when removal from or deposit on to an off-site location is contemplated, adequate plans of such off-site location showing the required information relative to the disposition or removal of fill to or from same) were submitted to the Planning Board and approved by the Town Engineer in conjunction with the subdivision approval; or (b) The Planning Board expressly waived the requirement of submission of such drawings and the total amount of fill to be either deposited or removed is less than 500 cubic yards. § 270-218. Limitations on vehicle repair garages and gasoline sales stations. No part of any building used as a vehicle repair garage or gasoline service station and no filling pump, lift or other service appliance shall be erected within 25 feet of any residence zone or in any required side yard. § 270-219. Telecommunications facilities. A. Purpose. The purpose of these supplemental regulations is to promote health, safety, and the general welfare of the residents of the Town of Ithaca; to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations; to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers and the use of existing tall buildings and other high structures and by encouraging alternative technologies that would minimize the need for 142 Town of Ithaca PC1CodeBook for Windows multiple towers; and to minimize adverse visual effects from telecommunications towers by requiring careful siting, visual impact assessment, and appropriate landscaping. B. Special permit, site plan approval and variance. So long as telecommunications facilities are deemed, under New York law, to be a utility, telecommunications facilities may be constructed anywhere in the Town of Ithaca but only if the person seeking to erect same shall have obtained a special permit and site plan approval from the Planning Board in accordance with this section and the other provisions of this chapter governing issuance of special permits and site plan approvals prior to any construction. If the proposed height of the telecommunications facility exceeds the permitted height of structures in the zoning district in which the facility is proposed to be located, notwithstanding any other provisions of this chapter, a height variance from the Board of Appeals shall also be required. Notwithstanding the foregoing provisions of this subsection, telecommunications facilities meeting the criteria in § 270-2190 are subject to the requirements in § 270-2190 and are not subject to the other requirements in § 270-219. [Amended 5-9-2005 by L.L. No. 5-2005] C. General criteria. No special permit or renewal thereof or modification of a current special permit relating to a telecommunications facility shall be authorized by the Planning Board unless it finds that such telecommunications facility: (1) Is necessary to meet current or reasonably expected demands for services; (2) Conforms with all federal and state laws and all applicable rules or regulations promulgated by the Federal Communications Commission(the FCC), Federal Aviation Administration(the FAA), or any other federal agencies having jurisdiction; (3) Is considered a public utility in the State of New York; (4) Is sited, designed and constructed in a manner which minimizes i)visual impact to the extent practical and ii) adverse impacts upon migratory and other birds and other wildlife; (5) Complies with all other requirements of this chapter, unless expressly superseded herein; (6) Is the most appropriate site among those available within the technically feasible area for the location of a telecommunications facility; (7) When including the construction of a tower, such a tower is designed to accommodate future shared use by at least two other telecommunications service providers. [Amended 5-9-2005 by L.L. No. 5-2005] D. Co-location. (1) The shared use of existing telecommunications facilities or other structures shall be preferred to the construction of new facilities. Any special permit application, renewal or modification thereof shall include proof that reasonable efforts have been made to co-locate within an existing telecommunications facility or upon an existing structure. The application shall include an adequate inventory report specifying existing telecommunications facility sites and structures exceeding 75% of the height of the proposed tower within the search range of the cell grid. The inventory report shall contain an evaluation of opportunities for shared use as an alternative to the proposed location. (2) The applicant must demonstrate that the proposed telecommunications facility cannot be accommodated on existing telecommunications facility sites in the inventory due to one or more of the following reasons: (a) The planned equipment would exceed the structural capacity of existing and approved telecommunications facilities or other structures, considering existing and 143 Town of Ithaca PC1CodeBook for Windows reasonably anticipated future use for those facilities; (b) The planned equipment would cause radio frequency interference with other existing or planned equipment, which cannot be reasonably prevented; (c) Existing or approved telecommunications facilities or other structures do not have space and cannot be modified to provide space on which proposed equipment can be placed so it can function effectively and reasonably; (d) Other technical reasons make it impracticable to place the equipment proposed by the applicant on existing facilities or structures; (e) The property owner or owner of the existing telecommunications facility or other structure refuses to allow such co-location. (3) Any subsequent location of telecommunications antennas and/or equipment by other service providers on existing towers specifically designed for shared use shall not require a new or modified special permit if there would be no increase in the height of the tower and if the tower's original design was adequate to accommodate the proposed additional antennas and equipment. However, the additional antennas and equipment proposed to be located on an existing tower, and accessory buildings and equipment associated with same, will require site plan review and issuance of a building permit before construction occurs. At the option of the Building and Zoning Enforcement Officer, there may be required,before issuance of a building permit, an engineer's certificate or report to the effect that with the proposed additional antenna and/or equipment the existing tower continues to be safe and meets all then currently applicable design and construction criteria in accordance with generally accepted good engineering practices and generally accepted industry standards. Notwithstanding the foregoing, proposed antennas that meet the criteria in Subsection O, and the accessory equipment and structures associated with such proposed antennas, shall be subject to the requirements in Subsection O and not this subsection. [Added 5-9-2005 by L.L. No. 5-2005] E. Priority of siting locations. In determining whether a site is appropriate, and if it is determined a need exists for the telecommunications facility, the preferential order of location, to the extent the same may be, or may be made, technically feasible, is as follows: (1) Co-located on existing telecommunications towers; (2) Co-located on any other existing radio or other tower that would not require any increase in height nor significant noticeable structural additions to accommodate the telecommunications facility; (3) Within any industrial zones or existing planned development zones that permit industrial activities; (4) Within any light industrial zones or existing planned development zones that permit light industrial activities; (5) Within any existing community commercial zones or existing planned development zones which permits all of the activities permitted in a community commercial zone; (6) On any other property in the Town. F. Dimensional standards. (1) A fall zone around any tower constructed as part of a telecommunications facility must have a radius at least equal to the height of the tower and any attached antennae. The entire fall zone may not include public roads and must be located on property either owned or leased by the applicant or for which the applicant has obtained an easement, 144 Town of Ithaca PC1CodeBook for Windows and may not, except as set forth below, contain any structure other than those associated with the telecommunications facility. If the facility is attached to an existing structure, relief may be granted by specific permission of the Planning Board on a case-by-case basis if it is determined by such Board after submission of competent evidence, that the waiver of this requirement will not endanger the life, health, welfare or property of any person. In granting any such waiver, the Board may impose any conditions reasonably necessary to protect the public or other property from potential injury. (2) All telecommunication facilities shall be located on a single parcel. (3) All telecommunication facilities shall comply with the setback, frontage, minimum lot size, and yard standards of the underlying zoning district and the fall zone requirements of this article. To the extent there is a conflict, the more restrictive provision shall govern. The size of the leased or owned lot, together with any land over which the applicant has obtained an easement, shall be, at a minimum, sufficiently large to include the entire fall zone. All lots leased or owned for the purpose of construction of a tower as part of telecommunications facility shall conform, at a minimum, to the lot size requirements of the underlying zoning district or the size of lot necessary to encompass the entire fall zone (to the extent easements for any part of the fall zone that extends outside the minimum lot size permitted in the zoning district have not been obtained), whichever requirement results in a larger lot. (4) Notwithstanding provisions to the contrary of any other article of this chapter, the front, side, and rear yard requirements of the underlying zoning district in which a telecommunications facility is erected shall apply not only to a tower, but also to all tower parts including guy wires and anchors, and to any accessory buildings. G. Lighting and marking. (1) Towers shall not be artificially lighted and marked beyond the requirements of the FAA. (2) Notwithstanding the preceding subsection, an applicant may be compelled to add FAA-style lighting and marking, if in the judgment of the Planning Board, such a requirement would be of direct benefit to public safety and would not unduly adversely affect residents of any surrounding property. H. Appearance and buffering. (1) The use of any portion of a telecommunications facility for signs,promotional or advertising purposes, including but not limited to company name,phone numbers, banners, streamers, and balloons is prohibited. (2) The facility shall have the least practical visual effect on the environment, as determined by the Planning Board. Any tower that is not subject to FAA marking as set forth above shall otherwise: (a) Have a galvanized finish, or shall be painted gray above the surrounding tree line and gray or green below the tree line, as deemed appropriate by the Planning Board, or (b) Be disguised or camouflaged to blend in with the surroundings, to the extent that such alteration does not impair the ability of the facility to perform its designed function. (3) Accessory structures shall maximize the use of building materials, colors, and textures designed to blend in with the natural surroundings. (4) Each application for a proposed facility shall be accompanied by a SEQR full environmental assessment form("full EAF"). A visual environmental assessment form 145 Town of Ithaca PC1CodeBook for Windows ("visual EAF") shall be required as an addendum to the full EAF. The Planning Board may require submittal of a more detailed visual analysis based on the contents of the visual EAF. (5) The facility shall have appropriate vegetative buffering,reasonably satisfactory to the Planning Board, around the fences of the tower base area, accessory structures and the anchor points of guyed towers to buffer their view from neighboring residences, recreation areas, or public roads. The Planning Board may similarly require screening adjacent to waterways, landmarks,refuges, community facilities, or conservation or historic areas within common view of the public. (6) Without limiting the requirements of the preceding subsection, existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter(measured at a height of four feet off the ground) shall occur in connection with the telecommunications facility prior to the granting of special permit and site plan approval. Clear cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited. (7) The Planning Board may require additional information, such as line-of-sight drawings, detailed elevation maps, visual simulations,before and after renderings, and alternate tower designs to more clearly identify adverse impacts for the purpose of their mitigation. (8) Equipment or vehicles not used in direct support,renovations, additions or repair of any telecommunications facility shall not be stored or parked on the facility site. L Access and parking. (1) Accessways shall make maximum use of existing public or private roads to the extent practicable. New accessways constructed solely for telecommunication facilities must be at least 12,but no more than 24 feet wide, and closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. (2) The road surface (driveways) shall be centered within accessways and shall not comprise more than 60% of the width of the accessway. (3) Parking areas shall be sufficient to accommodate the usual number of service vehicles expected on the premises at any one time. Space off of public highways shall be provided(not necessarily in parking areas)to accommodate the greatest number of service vehicles expected on the premises at any one time. (4) Driveways or parking areas shall provide adequate interior turnaround, such that service vehicles will not have to back out onto a public thoroughfare. J. Security. (1) Towers, anchor points of guyed towers, and accessory structures shall each be surrounded by fencing at least eight feet in height, the top foot of which may, at the discretion of the Planning Board in deference to the character of the neighborhood, be comprised of three-strands of barbed wire to discourage unauthorized access to the site. The Planning Board may waive the requirement of fencing if, in its discretion, it determines that other forms of security are adequate, or that,by reason of location or occupancy, security will not be significantly compromised by the omission, or reduction in size, of the otherwise required fencing. (2) Motion-activated or staff-activated security lighting around the base of a tower or accessory structure entrance may be provided if such lighting does not project off the site. Such lighting should only occur when the area within the fenced perimeters has 146 Town of Ithaca PC1CodeBook for Windows been entered. (3) There shall be no permanent climbing pegs within 15 feet of the ground of any tower. (4) A locked gate at the junction of the accessway and a public thoroughfare may be required to obstruct entry by unauthorized vehicles. Such gate must not protrude into the public right-of-way. K. Engineering and maintenance. (1) Site plans for all telecommunication facilities must bear the seal of a professional engineer licensed to practice in the State of New York. Every facility shall be built, operated and maintained to acceptable industry standards, including but not limited to the most recent, applicable standards of the Institute of Electric and Electronic Engineers (IEEE) and the American National Standards Institute(ANSI). (2) Every facility shall be inspected at least every second year for structural integrity by a New York State licensed engineer. A copy of the inspection report shall be submitted to the Building and Zoning Enforcement Officer. Any unsafe condition revealed by such report shall be corrected within 10 days of notification of same to the record landowner on which the facility is constructed. The time period for correction may, on application of the landowner or owner of the facility, be extended by the Planning Board if it is impracticable to complete the correction within said 10 days and if there is no imminent danger to life, limb, or other person's property. If the unsafe condition is not corrected within the applicable time period, or if the required inspection is not provided to the Town the special permit for construction of the facility may, after a hearing by the Planning Board on at least 10 days'prior notice to the landowner of record given by certified mail,return receipt requested, or other equally effective manner of providing notice,be revoked by such Board. Revocation may occur only if the Board finds either a) that the required inspection has not been provided or b) that there is an unsafe condition which poses a risk of bodily injury or significant property damage. Upon such revocation, the facility shall be removed or dismantled to the point of removing all unsafe conditions. (3) A safety analysis by a qualified professional must accompany any special permit or site plan application, renewal thereof or modification, for the purpose of certifying that general public electromagnetic radiation exposure does not exceed standards set by the FCC or any permit granted by FCC. (4) The municipality, at the expense of the applicant, may employ its own consultants to examine the application and related documentation. In addition, the applicant shall reimburse the Town for the costs of the Town, including the time of the Building and Zoning Enforcement Officer, in reviewing the application. The consultants that the Town may retain include,but are not limited to,professional structural and/or electrical engineers, attorneys, and other experts reasonably required by the Town to competently and fully evaluate any application and the resulting construction. Such consultants may be requested, among other matters, to make recommendations as to whether the criteria for granting the special permit have been met, including whether the applicant's conclusions regarding need, co-location, safety analysis, visual analysis, and structural inspection, are valid and supported by generally accepted and reliable engineering and technical data and standards, and whether the telecommunications facility as constructed is in compliance with the approved plans and in accordance with generally accepted good engineering practices and industry standards. 147 Town of Ithaca PC1CodeBook for Windows (5) To assure sufficient funds are available to the Town to pay for the consultants referred to in the preceding subsection, any applicant shall be required to deposit review fees in escrow, in accordance with the terms of any Town of Ithaca law, ordinance or resolution, as the same may be amended from time to time. Notwithstanding the provisions of any such law, ordinance or resolution, the minimum initial escrow deposit for any telecommunication facility application which anticipates construction of any type of tower shall be $5,000 or the minimum prescribed by such law, ordinance or resolution as in effect at the date of the application, whichever is greater. L. Removal. (1) At the time of submittal of the application for a special permit for a telecommunications facility, the applicant shall submit an agreement to remove all antennas, driveways, structures,buildings, equipment sheds, lighting, utilities, fencing, gates, accessory equipment or structures, as well as any tower(s) dedicated solely for use within a telecommunications facility if such facility becomes technologically obsolete or ceases to perform its originally intended function for more than 12 consecutive months. Upon removal of said facility, the land shall be restored to its previous condition, including but not limited to the seeding of exposed soils. (2) At the time of obtaining a building permit, the applicant must provide a financial security bond for removal of the telecommunications facility and property restoration, with the municipality as the assignee, in an amount approved by the Planning Board,but not less than $50,000. (3) At times of modification of the special permit, the Planning Board may adjust the required amount of the financial security bond to adequately cover increases in the cost of removal of the telecommunications facility and property restoration. M. Application. The application for a special permit for the construction of a telecommunications facility shall include, without altering any other application requirements set forth in this article or elsewhere in this chapter: (1) A completed project application form in such detail and containing such information as the Town Planning Board may require. (2) Completed full EAF and visual EAF. (3) Site plan in accordance with the requirements for site plans generally, and if more detailed, in accordance with the site plan requirements of this section including, without limitation: (a) The exact location including geographic coordinates of the proposed telecommunications facility including any towers, guy wires and anchors, if applicable; (b) The maximum height of the proposed facility, including all appurtenances; (c) A detail of tower type, if any, including engineering drawings from the tower manufacturer(monopole, guyed, freestanding, or other); (d) The location, type and intensity of any lighting on the tower; (e) Property boundaries and names of all adjacent landowners; (f) Proof of the landowner's consent to the erection of the facility and agreement to abide by the ordinance if the applicant is not the landowner; (g) The location of all other structures on the property and all structures on any adjacent property within 100 feet of the property lines, together with the distance of these structures from any proposed tower; 148 Town of Ithaca PC1CodeBook for Windows (h) The location, nature and extent of any proposed fencing, landscaping and screening; (i) The location and nature of any proposed utility easements and access roads or drives; and (j) Engineer's certification that the telecommunication facility and all related components have been designed in accordance with generally accepted good engineering practices and in accordance with generally accepted industry standards, and if constructed in accordance with the plans the entire facility (including the soils of the site itself) will be safe, will be in accordance with all applicable governmental building codes, laws and regulations and in accordance with generally accepted good engineering practices and industry standards, including without limitation, acceptable standards as to stability, wind and ice loads, and bird protection. (4) Agreement that the applicant will negotiate in good faith with any subsequent applicant seeking to co-locate a telecommunications facility on the initial applicant's structures. This agreement shall commit the initial applicant and landowner and their respective successors in interest to: (a) Respond in a timely, comprehensive manner to a request for information from a potential shared-use applicant. (b) Negotiate in good faith for shared use by third parties. (c) Allow shared use if an applicant agrees in writing to pay reasonable charges for same. (d) Make no more than a reasonable charge for shared use,based upon generally accepted accounting principles. The charge may include but is not limited to a pro rata share of the cost of site selection,planning,project administration, land costs, site design, construction and maintenance, financing,return on equity, and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference or causing uses on the site to emit electromagnetic radiation in excess of levels permitted by the FCC. (5) The agreement for removal of the facility referred to above. (6) Copies of all documents submitted to the FCC or any other governmental agency having jurisdiction. (7) Any applicable application or other fees, including any deposits required by the Town for application to the costs of any consultants retained by the Town as provided above. N. Miscellaneous. (1) Any special permit or site plan permit granted hereunder shall be valid only for the dimensions and number of structures for the telecommunications facility contained in original application as so approved. Any subsequent changes or modifications shall require a new application for same following the procedures set forth in this section. (2) In considering the application the Planning Board may, if the application is granted, impose such reasonable conditions as either body may deem necessary to minimize any adverse impacts of the facility or its construction, or to assure continued compliance with the terms of this chapter. (3) Whenever reference is made to an engineer's certificate or report in this section, the same shall be provided by a professional engineer licensed in the State of New York who is reasonably satisfactory to the Planning Board. O. Streamlined process for certain facilities. [Added 5-9-2005 by L.L. No. 5-2005] (1) Telecommunications facilities that meet all of the following criteria are subject to the 149 Town of Ithaca PC1CodeBook for Windows requirements of this Subsection O and not the other requirements of§ 270-219: (a) The telecommunications facility's antenna(s) will be located on an existing structure that can accommodate the antenna(s) as well as any associated equipment that is to be located on the existing structure, and the existing structure will not have its height increased or be otherwise modified to accommodate the facility. (b) The tops of the antenna, equipment and mounts will extend no more than 10 feet above the top of the existing structure on which they are placed. (c) Side-mounted facilities will not project more than 20 inches from the face of the existing structure. (d) The size of each antenna will not exceed 10 feet in any dimension, and the area of the largest face for each antenna will be less than or equal to 400 square inches. (e) Any wires or cables associated with such antennas and equipment either will not be visible from the ground or will not exceed, on a cumulative basis, one inch in thickness. (f) The telecommunications facility will not be located in an historic district that has been listed in the State or National Registers of Historic Places. (g) For existing structures and facilities that are not already artificially lit or marked, no artificial lighting or marking of the existing structure or of the existing or new facilities shall occur. (h) No portion of the telecommunications facility, including accessory structures, shall be used for signs or promotional or advertising purposes, including but not limited to company name,phone numbers,banners, streamers, and balloons. (i) Access to the telecommunications facility shall be achieved by use of an existing public or private road, and no new accessway, driveway or parking area shall be constructed. (2) An antenna and equipment for a telecommunications facility that meets all of the criteria in Subsection O(l) may be affixed to an existing structure anywhere in the Town of Ithaca,but only if the person seeking to affix same shall have obtained,prior to affixing the antenna and any equipment, a building permit from the Building and Zoning Enforcement Officer in accordance with this Subsection O and with the provisions of §§ 125-4 and 270-233. No height variance shall be required for the antenna and equipment, even if the tops of the proposed antenna, equipment or their mounts exceed the permitted height of structures in the zoning district in which the facility is proposed to be located. No special permit or site plan approval shall be required for such antennas to be affixed, although all accessory structures and certain equipment will require advance site plan approval from the Planning Board as set forth in this Subsection O. (3) Notwithstanding the foregoing, where all antennas and equipment are to be located wholly inside an existing building and no accessory structure will be built or erected, no special permit or site plan approval shall be required, and no building permit shall be required unless a building permit is required pursuant to the provisions of§ 125-4 or § 270-233. In such a case, the requirements in these other sections shall apply, and the additional building permit requirements in this Subsection O shall not apply. (4) The following requirements shall apply to accessory structures proposed in connection with a telecommunications facility meeting the criteria in Subsection O(l): (a) Notwithstanding any provisions to the contrary in § 270-233, all accessory structures shall require a building permit from the Building and Zoning Enforcement Officer 150 Town of Ithaca PC1CodeBook for Windows prior to construction. (b) Site plan approval from the Planning Board in accordance with the requirements of this Subsection 0(4) and with Article XXIII of Chapter 270 is also required prior to construction of any accessory structure. The applicant shall submit a completed short environmental assessment form(EAF) to the Planning Board together with the application for site plan approval. (c) Accessory structures shall maximize the use of building materials, colors, and textures designed to blend in with the natural surroundings. (d) Accessory structures shall have appropriate vegetative buffering,reasonably satisfactory to the Planning Board, to buffer their view from neighboring residences, recreation areas, or public roads. The Planning Board may similarly require screening adjacent to waterways, landmarks, refuges, community facilities, or conservation or historic areas within common view of the public. (e) Without limiting the requirements of the preceding subsection, existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter(measured at a height of four feet off the ground) shall occur in connection with the accessory structure prior to the granting of site plan approval. (f) Notwithstanding provisions to the contrary in any other article of this chapter, the front, side, and rear yard requirements of the underlying zoning district in which such a telecommunications facility is erected shall apply to any accessory structure. (g) Accessory structures shall be surrounded by fencing at least eight feet in height to discourage unauthorized access to the site. The Planning Board may waive or modify the requirement of fencing if, in its discretion, it determines that other forms of security are adequate, or that, by reason of location or occupancy, security will not be significantly compromised by the omission, or reduction in size, of the otherwise required fencing. (h) Motion-activated or staff-activated security lighting around an accessory structure entrance may be provided if such lighting does not project off the site. Such lighting should only occur when the area within the fenced perimeters has been entered or, if the Planning Board has waived the fencing requirement, when the area within 20 feet of the structure has been entered. (i) Equipment or vehicles not used in direct support, renovations, additions or repair of any telecommunications facility shall not be stored or parked on the facility site. (5) The following requirements shall apply to equipment proposed in connection with a telecommunications facility meeting the criteria in Subsection 0(1): (a) Site plan approval from the Planning Board in accordance with the requirements of this Subsection 0(5) and with Article XXIII of Chapter 270 is required prior to construction or placement of any equipment, except site plan approval shall not be required for equipment placed on an existing rooftop where the equipment extends no more than three feet above the rooftop. (b) Where site plan approval is required,the applicant shall submit a completed short EAF to the Planning Board together with the application for site plan approval. (c) Where site plan approval is required,the Planning Board may require appropriate fencing or vegetative buffering for equipment to buffer its view from neighboring residences, recreation areas, or public roads. The Planning Board may similarly 151 Town of Ithaca PC1CodeBook for Windows require screening adjacent to waterways, landmarks,refuges, community facilities, or conservation or historic areas within common view of the public. (d) Notwithstanding provisions to the contrary in any other article of this chapter, the front, side, and rear yard requirements of the underlying zoning district in which such a telecommunications facility is erected shall apply to all equipment. (e) Equipment or vehicles not used in direct support, renovations, additions or repair of any telecommunications facility shall not be stored or parked on the facility site. (6) Engineering and maintenance. (a) Where site plans are required under this Subsection O, they must bear the seal of a professional engineer licensed to practice in the State of New York. (b) Except as provided below, every facility governed by this Subsection O shall be inspected at least every second year for structural integrity by a New York State licensed engineer. The initial inspection shall occur within two years of the issuance of the facility's certificate of occupancy. A copy of the inspection report shall be submitted to the Building and Zoning Enforcement Officer. Any unsafe condition revealed by such report or otherwise revealed shall be corrected within 10 days of notification of same to the owner of the facility and the record landowner on which the facility is constructed. The time period for correction may, on application of the facility owner or landowner, be extended by the Building and Zoning Enforcement Officer if it is impracticable to complete the correction within said 10 days and if there is no imminent danger to life, limb, or other person's property. If the unsafe condition is not corrected within the applicable time period, or if the required inspection is not provided to the Town, the facility owner and landowner shall be subject to the enforcement provisions of this chapter. (c) Facilities with all antennas and equipment located wholly inside an existing building shall be exempt from the above inspection requirements. (7) Removal. At the time of submittal of the application for a building permit for a telecommunications facility, the applicant shall submit an agreement to remove all antennas, mounts, accessory structures, equipment, fencing, lighting and utilities if such facility becomes technologically obsolete or ceases to perform its originally intended function for more than 12 consecutive months. Upon removal of said facility, the land shall be restored to its previous condition, including but not limited to the seeding of exposed soils. (8) Application. The application for a building permit for the construction of a telecommunications facility meeting the criteria in Subsection O(l) shall include: (a) All of the information required by § 125-4; (b) If the applicant is not the landowner, the name and address of the landowner and proof of the landowner's consent to the erection of the facility and agreement to abide by the requirements of this chapter; (c) The agreement to remove the facility, as required by Subsection 0(7); (d) Copies of the Federal Communications Commission(FCC) license, if applicable, and of all documents submitted to the FCC or any other governmental agency having jurisdiction over the facility; (e) Copies of manufacturer's information showing that the antenna, equipment and other components meet FCC radiation standards; (f) Certification by a professional engineer licensed to practice in the State of New York 152 Town of Ithaca PC1CodeBook for Windows that the telecommunications facility: [1] Conforms with all federal and state laws and all applicable rules and regulations promulgated by the FCC, the Federal Aviation Administration, and any other federal agencies having jurisdiction and will not cause,by itself or in conjunction with other telecommunications facilities, general public electromagnetic radiation exposure that exceeds standards set by the FCC or any permit granted by the FCC; [2] Complies with all other requirements of this chapter, unless expressly superseded herein; [3] Will not endanger the life, health, welfare or property of any person; [4] Can be safely accommodated on the existing structure, the existing structure will not be increased in height or be otherwise modified to accept the proposed facility and, if the proposed facility is an antenna to be located on an existing tower, a certification that the existing tower will continue to be safe with the additional antenna and any equipment and will meet all then currently applicable design and construction criteria in accordance with generally accepted good engineering practices and generally accepted industry standards; [5] If the existing structure is not artificially lighted or marked at the time of the application, a certification that neither the new facility nor the existing structure or facilities will be artificially lighted or marked as a result of the addition of the new facility; and [6] Will be built, operated and maintained to acceptable industry standards, including but not limited to the most recent, applicable standards of the Institute of Electric and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI), and will meet generally accepted good engineering practices and industry standards, including but not limited to acceptable standards as to stability, wind and ice loads, and bird protection. (g) A statement as to whether site plan review is required for accessory structures and/or equipment. (h) Any applicable application fees or other fees. (9) If site plan approval is required for accessory structures and/or equipment, the Building and Zoning Enforcement Officer shall advise the Planning Board whether all other building permit application requirements have been met and shall not further process the building permit application until Planning Board site plan approval has been granted. (10)Miscellaneous. (a) Any building permit or site plan approval issued hereunder shall be valid only for the dimensions and number of antennas, equipment and structures for the telecommunications facility as so approved. Any subsequent changes or modifications shall require a new application for same following the procedures set forth in this section. (b) Whenever reference is made to an engineer's certificate or report in this section, the same shall be provided by a professional engineer licensed in the State of New York who is reasonably satisfactory to the Building and Zoning Enforcement Officer. § 270-219.1. Solar collectors and installations. [Added 10-16-2006 by L.L. No. 11-20061 153 Town of Ithaca PC1CodeBook for Windows A. Rooftop and building-mounted solar collectors are permitted in all zoning districts in the Town. Building permits shall be required for installation of rooftop and building-mounted solar collectors. B. Ground-mounted and freestanding solar collectors are permitted as accessory structures in all zoning districts of the Town, subject to the following requirements: (1) The location of the solar collector meets all applicable setback requirements of the zone in which it is located. (2) The height of the solar collector and any mounts shall not exceed 20 feet when oriented at maximum tilt. (3) The total surface area of all ground-mounted and freestanding solar collectors on the lot shall not exceed 1,000 square feet. (4) A building permit has been obtained for the solar collector. (5) The solar collector is located in a side or rear yard. C. Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed solar collectors. Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in § 270-191 of this chapter are met, including but not limited to proposed changes to or additions of solar collectors where such changes or additions meet a § 270-191 threshold. D. All solar collector installations must be performed by a qualified solar installer, and prior to operation, the electrical connections must be inspected by a Town Code Enforcement Officer and by an appropriate electrical inspection person or agency, as determined by the Town. In addition, any connection to the public utility grid must be inspected by the appropriate public utility. [Amended 4-12-2010 by L.L. No. 3-2010] E. When solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of Tompkins County and other applicable laws and regulations. F. If a solar collector ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment and facilities by no later than 90 days after the end of the twelve-month period. § 270-219.2. Limitations on home occupations. [Added 2-12-2007 by L.L. No. 1-20071 Home occupations shall meet all of the following requirements: A. An area of no more than 25% of the floor space of the dwelling (whether the home occupation is conducted in the dwelling or in an accessory building) or 500 square feet (whichever is less) shall be used for the home occupation. B. No more than four persons (full- or part-time), including the household resident, shall be involved in on-site business operations. C. The owner and chief operating officer of the business must be a full-time resident of the property on which the business is conducted. D. No goods shall be offered for sale on the premises excepting those created, assembled, or reconditioned completely on the property. E. There shall be no exterior display or sign except as permitted by this chapter or Chapter 221, Signs, of the Code of the Town of Ithaca, no exterior storage of materials, equipment 154 Town of Ithaca PC1CodeBook for Windows (including commercial vehicles), or other items of commerce, and no other exterior indication of the home occupation or variation from the residential character of the lot, district or surrounding neighborhood. F. No offensive noise, vibration, smoke, dust, odor, heat, glare or electronic disturbance shall be produced beyond the boundary line of the property occupied by the business. G. The business shall not generate traffic in any greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the use shall be met off the street and in accordance with any other regulation of this chapter. H. The business or use shall not be detrimental to the residential character of the lot on which the business is located nor of the surrounding neighborhood. I. The lot on which the business is operated shall be large enough to allow such business to be conducted with minimal impact on the neighbors. J. All business activities that are conducted within the bounds of the lot on which the business is located must be conducted wholly within the dwelling or accessory building. § 270-219.3. Amateur radio facilities. [Added 8-13-2007 by L.L. No. 7-20071 A. Amateur radio facilities located within a building are permitted in all zoning districts in the Town. B. Amateur radio facilities located outside of a building are permitted as specified in Articles V through XX of this chapter and shall meet all of the following requirements: (1) The height of each amateur radio facility shall not exceed 65 feet from the ground elevation. (2) Where the amateur radio facilities are an accessory use, they shall be located on the roof of a building, or in a side or rear yard only, except feed lines connecting the radio to the antenna and rotor control wires may also be located in a front yard. (3) The location of the amateur radio facilities shall meet all applicable setback and buffer requirements of the zone in which they are located. (4) A fall zone must exist around any tower constructed as part of an amateur radio facility and must have a radius at least equal to the height of the tower and any attached antennas. The fall zone may not include public roads and must be entirely located on the property on which the amateur radio facilities are located and/or on property which the tower user owns or for which the tower user has obtained an easement. (5) Any towers shall not be artificially lighted or marked beyond the requirements of the Federal Aviation Administration or any successor agency. (6) Co-location of equipment or facilities that are not used for amateur radio purposes on an amateur radio tower is prohibited. (7) The placement of more than two amateur radio towers on one lot is permitted only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter. (8) When required by Chapter 125, Building Construction and Fire Prevention, of the Town of Ithaca Code, a building permit must be obtained for the amateur radio facilities. C. An accessory building that is part of an amateur radio facility is subject to all requirements applicable to accessory buildings other than garages in the zone in which it is located, except such accessory buildings may be located in side yards as well as rear yards. D. Where site plan approval is required elsewhere in this chapter for a development or activity, 155 Town of Ithaca PC1CodeBook for Windows the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed amateur radio facilities. Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in § 270-191 of this chapter are met, including but not limited to proposed changes to or additions of amateur radio facilities where such changes or additions meet a § 270-191 threshold. E. If a tower that is part of an amateur radio facility ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the tower, antennas, mounts and associated equipment and facilities by no later than 90 days after the end of the twelve-month period. § 270-219.4. Small wind energy facilities. [Added 8-11-2008 by L.L. No. 13-20081 A. Findings. The Town of Ithaca finds that wind is an abundant and renewable source of energy. The conversion of wind energy into usable forms of energy will reduce dependence on nonrenewable energy sources such as coal, gas and oil, the use of which not only releases harmful pollutants into the atmosphere but also contributes to phenomena such as global warming/climate change. Furthermore, wind energy facilities also enhance the reliability of the power grid, reduce peak power demands and help diversify the state's energy portfolio and will help to insulate residents in the Town of Ithaca from increasing energy costs associated with the depletion of fossil fuels such as coal, gas and oil. B. Purpose. The purpose of this section is to promote the public safety and welfare by fostering the small-scale development of the Town of Ithaca's wind power resources and by providing standards for the safe provision of small wind energy facilities. C. Development standards. Small wind energy facilities are permitted in all zoning districts in the Town as accessory structures providing power primarily to structures on the same lot, and as principal structures providing power primarily to structures on an adjacent lot, with any excess power net-metered to the public utility system if the facility is grid-connected, subject to the following requirements: (1) Small wind energy facilities are permitted as a matter of right, except facilities located in or within 500 feet of public parkland, a natural area(as defined in this chapter), or nature preserves (as designated by the Town of Ithaca, Cornell Plantations or a land trust), or within 500 feet of the ordinary high-water line of the Cayuga Lake shoreline, shall be permitted only upon receipt of a special permit for same by the Planning Board in accordance with the procedures set forth in this chapter. Notwithstanding the foregoing, building-mounted small energy facilities shall not require a special permit, regardless of location in or proximity to such areas or the Cayuga Lake shoreline. (2) No small wind energy facility shall exceed 145 feet in height as measured from the lowest level or portion of the wind energy facility (slab or base) in contact with the ground surface to the highest point of any part of the facility, with moving parts measured at the highest points of their extension(see Figure 1 below). Building-mounted small wind energy facilities are subject to the height restrictions in § 270-219.4E. 156 Town of Ithaca PC1CodeBook for Windows Figure 1. Illustra tion of Maxim um Height (Horiz ontal and Vertica 1 Axis Faciliti es) (3) The fall zone around any ground-mounted tower constructed as part of a small wind energy facility shall be a circular area around the tower, the center point of which is marked by the center of the base of the tower, with a radius at least equal to the facility's height plus 10 feet. The entire fall zone may not include public roads, overhead transmission lines, aboveground fuel storage or pumping facilities, or human-occupied buildings and must be located on property owned by the tower owner or for which the owner has obtained an easement or deed restriction. The minimum setback between the center of the base of the tower and any unoccupied buildings or other structures is 15 feet. (4) No exposed moving part of any small wind energy facility shall, at the lowest point of its extension,be less than 30 feet above the ground. Notwithstanding the foregoing, the lowest extension of any blade or other exposed moving component of a building-mounted small wind energy facility shall be at least 15 feet above the ground (at grade level) and in addition at least 15 feet above any outdoor surfaces intended for human occupancy, such as balconies or roof gardens, that are located directly below the facility. (5) For wind speeds in the range of zero miles per hour to 25 miles per hour, the sound pressure level produced by a small wind energy facility or a combination of small wind energy facilities shall not exceed 55 dB(A), measured at any site property line abutting a property owned by an entity other than the owner of the property on which the small wind energy facility or facilities are located. The sound pressure level shall be determined by successively measuring the sound pressure with the facility or facilities turned on and off and referring to the accompanying chart (Figure 2). This level, however, may be exceeded during short-term events such as utility outages or wind speeds exceeding 25 miles per hour. Figure 2. Noise Measurements 157 Town of Ithaca PC1CodeBook for Windows Small Sound wind Maxi measu energy mum red facility allowa with (s) ble turbin sound combi e off limit, ned (ambie dB(A) sound, nt dB(A) noise), (ambie dB(A) nt+ genera tor) 20 55 55 21 55 55 22 55 55 23 55 55 24 55 55 25 55 55 26 55 55 27 55 55 28 55 55 29 55 55 30 55 55 31 55 55 32 55 55 33 55 55 34 55 55 35 55 55 36 55 55 37 55 55 38 55 55 39 55 55 158 Town of Ithaca PC1CodeBook for Windows 40 55 55 41 55 55 42 55 55 43 55 55 44 55 55 45 55 55 46 55 56 47 55 56 48 55 56 49 55 56 50 55 56 51 55 56 52 55 57 53 55 57 54 55 58 55 55 58 56 55 59 57 55 59 58 55 60 59 55 60 60 55 61 61 55 62 62 55 63 55 Above Ambie 62 nt+ 1 dB(A) (6) The number of wind energy towers per lot shall be limited to one for lots of less than two acres in size. For lots of two acres or more, one wind energy tower shall be permitted as a matter of right, and one additional tower shall be permitted upon receipt 159 Town of Ithaca PC1CodeBook for Windows of a special permit for same by the Planning Board in accordance with the procedures set forth in this chapter. Notwithstanding the foregoing, there is no limit on the number of building-mounted small wind energy facilities. (7) Where small wind power facilities are an accessory use, they shall be located on the roof, side or other elevated surface of a building or in a side or rear yard only. (8) The location of a small wind power facility shall meet all applicable setback and buffer requirements of the zone in which it is located,but in no event shall the setback from adjacent property lines be less than 50 feet. (9) Co-location of equipment or facilities that are not used for wind power purposes on a wind energy tower is permitted only upon receipt of a special approval for same from the Board of appeals in accordance with the procedures set forth in this chapter. Co-located solar panels shall also be subject to the provisions of§ 270-219.1 of this chapter. Notwithstanding the foregoing, co-located telecommunications facilities shall not require special approval from the Board of appeals but shall instead be subject to the requirements of§ 270-219 of this chapter. (10)When required by Chapter 125 of the Town of Ithaca Code (Building Construction and Fire Prevention), a building permit must be obtained for the small wind energy facility. (11)Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed small wind energy facilities. Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in § 270-191 of this chapter are met, including but not limited to proposed changes to or additions of small wind energy facilities where such changes or additions meet a § 270-191 threshold. D. Safety standards. (1) The small wind energy facility must meet all applicable New York State Uniform Fire Prevention and Building Code requirements. (2) All wiring connected with the small wind energy facility shall be underground, except for: (a) Wiring that runs from the turbine to the base of the facility; and (b) All wiring associated with building-mounted small wind energy facilities. (3) The small wind energy facility shall be equipped with an automatic braking or governing system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure,rotor blades and other wind energy components. (4) The small wind energy facility shall not interfere with electromagnetic communications such as radio, telephone or television or emergency communication systems. (5) All small wind energy facilities shall be installed by a qualified wind energy installer, and,prior to operation, the electrical connections and structural integrity must be inspected by a Town Code Enforcement Officer and by appropriate electrical and structural inspection persons or agencies, as determined by the Town. [Amended 4-12-2010 by L.L. No. 3-2010] (6) The small wind energy facility, if connected to a public utility system for net-metering purposes, shall meet the requirements for interconnection and operation as set forth in the public utility's then-current service regulations applicable to wind power generation facilities, and the connection shall be inspected by the appropriate public utility. (7) To reduce the possibility of nighttime bird collisions with any part of the small wind 160 Town of Ithaca PC1CodeBook for Windows energy facility, all on-site lighting shall conform with the Town's Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code. E. Building-mounted small wind energy facility standards. The following additional requirements apply to building-mounted small wind energy facilities only: (1) The diameter of the building-mounted small wind energy facility, when measured from the furthest outward extensions of all moving parts, may not exceed seven feet. (2) The height of a building-mounted small wind energy facility mounted on a roof shall not exceed 15 feet as measured from the base of the mount(the location at which the mount and exterior layer of roof meet). The height of all other building-mounted small wind energy facilities shall not exceed 15 feet above the highest point of the building's roof, excluding chimneys, antennas and other similar protuberances. (3) If more than one building-mounted small wind energy facility is installed, a distance equal to the length of the height of the tallest building-mounted small wind energy facility must be maintained between the bases of each building-mounted small wind energy facility. (4) A letter or certificate bearing the signature of a certified New York State professional engineer must be submitted to the Code Enforcement Officer, indicating that the existing structure onto which the building-mounted small wind energy facility will be attached is capable of withstanding the additional load, force, torque, and vibration imposed by the building-mounted small wind energy facilities for the foreseeable future; will comply with seismic and structure provisions set out in state and national building codes; all related components have been designed in accordance with generally accepted good engineering practices and in accordance with generally accepted industry standards; and if constructed in accordance with the plans the entire facility, including the building onto which the wind energy facility will be attached, will be safe, will be in accordance with all applicable governmental building codes, laws, and regulations, and in accordance with generally accepted good engineering practices and industry standards, including, without limitation, acceptable standards for stability, wind and ice loads. F. Appearance. (1) No small wind energy facilities shall be used for signage,promotional or advertising purposes, including but not limited to company names,phone numbers,banners, streamers, and balloons. Reasonable identification of the manufacturer or owner of the small wind energy facility is permitted. (2) Small wind energy facilities shall be painted or finished with a nonreflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and shall incorporate nonreflective surfaces to minimize visual disruption. (3) No small wind energy facility shall be artificially lighted except to the extent required by the Federal Aviation Administration or other applicable authority. G. Removal. (1) If a small wind energy facility ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall so notify the Town Clerk in writing within 30 days after the end of such twelve-month period, and the property owner shall remove the tower, rotor, guy wires, and associated equipment and facilities by no later than 90 days after the end of the twelve-month period. (2) If the property owner fails to remove the small wind energy facility within the time 161 Town of Ithaca PC1CodeBook for Windows frame described above, the Town Code Enforcement Officer may issue the property owner a notice of violation directing facility removal within a specified time frame. Said notice of violation shall further advise that, should the violator fail to meet the established deadline, the work may be done by a designated governmental agency or a contractor, with the expense thereof to be charged to the violator and/or to become a lien against the premises. (3) If removal of the small wind energy facility is not completed to the satisfaction of the Code Enforcement Officer within the period set forth in the Town's notice of violation or Town Board's decision after any appeal thereof pursuant to Subsection G(5)below, the Town may enter the premises to perform the removal or cause it to be made. The Town's entry onto such premises shall be pursuant to an agreement between the Town and landowner. If no agreement exists or can be obtained in a timely manner, the Town may enter such property to remove an imminent danger to life,property or safety of the public caused by the nonfunctioning small wind energy facility. The Town further may seek a warrant from a court of competent jurisdiction for access to the premises and/or may seek a court order requiring or authorizing all actions reasonably necessary to remove the facility, with the costs of such actions the sole responsibility of the violator. (4) The Town shall present the landowner with a bill for all costs and expenses incurred by the Town in connection with the removal and disposal of the small wind energy facility. If the landowner fails to pay such costs and expenses within 15 days after the demand for same, or within 30 days of the final decision on any administrative or judicial contest the landowner may pursue, then such unpaid costs, expenses and interest(at the statutory interest rate for money judgments in New York State courts) incurred from the date of the removal activities shall constitute a lien upon the land on which such measures were undertaken. A legal action or proceeding may be brought to collect such costs, expenses, interest, and recoverable attorney's fees or to foreclose such lien. As an alternative to the maintenance of any such action, the Town may file a certificate with the Tompkins County Department of Assessment stating the costs and expenses incurred and interest accruing as aforesaid, together with a statement identifying the property and landowner. The Tompkins County Department of Assessment shall, in the preparation of the next assessment roll, assess such unpaid costs, expenses and interest upon such property. Such amount shall be included as a special ad valorem levy(administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. (5) Any person receiving a notice of violation or a bill for Town costs and expenses may appeal to the Town Board by, within 15 days of receipt of such notice or bill, delivering to the Town Clerk at the Town offices an appeal requesting a reconsideration and administrative hearing before the Town Board. Such appeal shall state the basis for the request for reconsideration and shall be accompanied by any supporting materials. Failure to serve such an appeal within 15 days shall be deemed a waiver of any claim or defense that the notice or bill is not justified, and the violator shall comply with the requirements of the notice or pay the bill. If the appeal is timely filed, the Town Board shall, within 40 days of the filing,hold a hearing and,based upon any relevant materials 162 Town of Ithaca PC1CodeBook for Windows presented by the Town and the appellant, shall issue a resolution deciding the appeal within 30 days after the hearing. Such resolution shall be filed with the Town Clerk, who shall arrange for delivery of a copy of the decision to the appellant within five days after such filing, at the address for such person designated in the appeal or at such other address as the appellant may thereafter designate in writing to the Town Clerk. The Town Board's decision after the hearing shall constitute a final agency action. H. In addition to the enforcement processes and penalties provided in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this § 270-219.4 is hereby deemed and declared to be a threat to public health, safety, and welfare and is declared and deemed a nuisance and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be undertaken by the Town in its sole discretion. ARTICLE XXVII, General Provisions § 270-220. Building floor area. No dwelling in any zone shall be erected or altered so as to provide for less than 600 square feet of net enclosed floor area. § 270-221. Side yard on corner lot. On a corner lot in a residence zone the yard width on the side street shall be at least 1/2 the required front yard for adjoining properties on the side street, but in no event less than 10 feet On a corner lot in any other zone, the yard depth on both streets shall be equal to the required front yard for adjoining properties on both streets. § 270-222. Porches and carports. In determining the percentage of building coverage or the size of yards for the purpose of this chapter,porches and carports, open at the sides but roofed, shall be considered a part of the building. § 270-223. Fences and walls; retaining walls. [Amended 11-9-2009 by L.L. No. 14-20091 A. Fences and walls. (1) Except as otherwise specified in Subsection A(2) through (10)below or in other provisions of this chapter, fences and walls up to six feet high are permitted as of right in all zones and in all locations, including yards, setbacks and buffer areas, notwithstanding any other provisions of this chapter. (2) A fence or wall may be built up to a common lot line but may not encroach on the adjoining property nor interfere with adequate sight distance for vehicles exiting from driveways on the parcels sharing the common lot line. (3) Fences and walls that have any portion located less than 10 feet from a street right-of-way line shall have maximum heights as follows: 163 Town of Ithaca PC1CodeBook for Windows (a) Three feet, if less than 50% of the fence or wall face is open when viewed from a position at a right angle to the fence or wall; (b) Four feet, if at least 50% of the fence or wall face is open when viewed from a position at a right angle to the fence or wall; (c) Fences and walls that do not meet the above criteria may have a maximum height of six feet,but only upon receipt of a special approval for same from the Board of Appeals, or(in those instances where site plan approval is required by this chapter for a development or activity)upon receipt of a special permit for same from the Planning Board, in accordance with the procedures set forth in this chapter. (4) Fences and walls are not allowed within public street right-of-way lines without written permission from the public entity that holds the right-of-way. (5) Deer fences up to eight feet in height are permitted as of right in all zones and in all locations, including yards, setbacks and buffer areas. Building permits are required for deer fences exceeding six feet in height. (6) Fences and walls up to eight feet in height are permitted as of right in all locations, including yards, setbacks and buffer areas, for lawful farm operations. Building permits are required for fences and walls exceeding six feet in height. (7) Fences and walls up to eight feet in height are permitted as of right in all locations, including yards, setbacks and buffer areas, in light industrial zones and industrial zones. Building permits are required for fences and walls exceeding six feet in height. (8) Barbed wire; electrification. (a) The use of barbed wire or electrification, or any other material or device that could reasonably be expected to cause injury upon human contact, is prohibited except when used on: [1] Fences and walls used for lawful farm operations; [2] Fences and walls used in conjunction with the keeping of domestic animals in accessory buildings; or [3] Fences and walls in light industrial zones or industrial zones. (b) Electrification may be used for fences constructed or installed wholly underground that are designed to keep pets in yards. (9) Fences shall be erected with the finished side (if any) facing the street and abutting properties, and with backers, supports, and posts on the inside of the fence,unless they constitute an integral part of the finished side, or unless the fence is of the type that requires posts to be placed in an alternating pattern inside and outside the fence to maintain stability. (10)Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed fences and walls. Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in § 270-191 of this chapter are met, including but not limited to proposed changes to or additions of fences or walls where such changes or additions meet a § 270-191 threshold. (11)Fence and wall heights shall be measured vertically from the natural grade to the top of the fence or wall at each point along the fence or wall. B. Retaining walls. (1) Except as otherwise specified in Subsection B(2) through (7)below or in other 164 Town of Ithaca PC1CodeBook for Windows provisions of this chapter,retaining walls of any height are permitted as of right in all zones and in all locations, including yards, setbacks and buffer areas. (2) Retaining walls or portions thereof that run substantially parallel to an adjoining property line and are within five feet of the property line shall not exceed three feet in height and shall be limited to one in number along each property line, except upon receipt of a special approval for higher or additional walls from the Board of Appeals, or (in those instances where site plan approval is required by this chapter for a development or activity)upon receipt of a special permit for same from the Planning Board, in accordance with the procedures set forth in this chapter. (3) A retaining wall may be built up to a common lot line but may not encroach on the adjoining property nor interfere with adequate sight distance for vehicles exiting from driveways on the parcels sharing the common lot line. (4) Retaining walls are not allowed within public street right-of-way lines without written permission from the public entity that holds the right-of-way. (5) Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed retaining walls. Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in § 270-191 of this chapter are met, including but not limited to proposed changes to or additions of retaining walls where such changes or additions meet a § 270-191 threshold. (6) Retaining wall heights shall be measured vertically from the natural grade to the top of the retaining wall at each point along the retaining wall. (7) Building permits are required for certain retaining walls as specified in § 125-4A(6). § 270-223.1. Terraces, steps, and unroofed structures. [Added 11-9-2009 by L.L. No. 14-20091 The provisions of this chapter shall not apply to terraces, steps, unroofed porches, or other similar features not over three feet above the level of the floor of the ground story or three feet above grade, whichever is lower. § 270-224. Projections in yards. A. Every part of a required yard shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses,pilasters, leaders, chimneys, cornices, eaves and ornamental features,provided that no such projection may extend more than four feet into any required yard. B. Bays including their cornices and eaves, may extend not more than four feet into any required yard provided that the sum of such projections on any wall shall not exceed 1/3 the length of such wall. C. An open fire balcony or fire escape may extend not more than four feet into any required yard. § 270-225. Reduction of lot area. No lot shall hereafter be reduced or altered so as to result in a lot or structure that does not meet 165 Town of Ithaca PC1CodeBook for Windows the minimum area and yard requirements of this chapter. In the event a lot upon which stands a building is changed in size or shape, without an appropriate approval or variance, so that the area and yard requirements of this chapter are no longer complied with, such building shall not thereafter be occupied or used until it is altered,reconstructed or relocated so as to comply with these requirements. The provisions of this Section shall not apply when a portion of a lot is taken for a public purpose. § 270-226. More than one building on a lot. Other than in a Multiple Residence Zone, there shall not be more than one principal building on any lot in any residential zone (the term "residential zone" for the purposes of this section means Low Density, Lakefront, Medium Density, High Density, and Multiple Residential Zones and Conservation Zones). When there is more than one principal building on a lot in any nonresidential zone or in a Multiple Residence Zone, the space between such buildings must be at least equal to the sum of the side yards, or the sum of the rear and the front yards, as the case may be, calculated as if each building was located on its own individual lot in such zone. § 270-227. Parking facilities. A. All zones. The following provisions apply to all zones unless there are express provisions applicable to a specific zone set forth below or elsewhere in this chapter, in which event the express provision shall govern. (1) If permitted or existing in a zone, the following uses shall be provided with the following off-street parking facilities: (a) School or other educational institutions: Two spaces for each class room. (b) Hospital, sanitarium or nursing or convalescent home: One space for each two beds. (c) Medical clinic: Four spaces for each doctor, or for each office in which a medically-trained person is regularly in attendance, whichever figure is larger. (d) Rooming house, tourist house or bed-and-breakfast: One space for each room offered to rent. (e) Fraternity or sorority house or membership club: One space for each four beds, or one space for each five members, whichever figure is larger. (f) Churches or other houses of worship: One space for each four seats or one space for each five members, whichever figure is larger. (g) Research and development facilities: One space for each 300 square feet of gross floor area or one space per employee, whichever yields the higher number of spaces. (h) Multifamily dwellings: Every building in any zone housing or designed to house more than two families shall provide in connection with it and on the same lot garage space or off-street parking space for automobiles equivalent to the number of dwelling units provided in such dwellings, plus one space for every three dwelling units. (2) Notwithstanding any other provisions of this chapter, if an existing or proposed project permitted in any zone (including the uses set forth in Subsection A(1) above as well as the uses referred to in various zones referenced below) meets the following criteria, the Planning Board may authorize the required minimum number of parking spaces to be reduced by no more than 20%. The criteria are: that the reduction in the number of parking spaces will not adversely affect traffic flow on the project site, will leave 166 Town of Ithaca PC1CodeBook for Windows adequate parking for all of the reasonably anticipated uses or occupancies in the project, and will not otherwise adversely affect the general welfare of the community. (3) If the Planning Board permits a reduction in the required number of parking spaces, the Planning Board may impose such reasonable conditions as may, in the judgment of the Planning Board, be necessary to assure that such reduction will meet the criteria set forth above. In any event, unless expressly waived by the Planning Board, such reduction shall be subject to the following additional conditions: (a) Any space that is made available by the reduction in the required number of parking spaces may not be used for construction of any structures. (b) Any land made available by virtue of such reduction be landscaped with grass or other vegetation approved by the Planning Board. (c) If, any time within five years after construction of the project is completed (completion of construction to be the date a permanent certificate of occupancy has been issued by the Town for the entire project), the parking is found to be inadequate because: [1] The demand for parking spaces on the project site exceeds on more than two occasions annually the number of parking spaces available; or [2] The traffic flow through the parking area creates an undesirable or hazardous condition by reason of the reduction of parking spaces; or [3] There is repeatedly undue congestion in the parking areas by reason of the reduction of parking spaces; Then the develo per or subseq uent owner of the project will install additio nal parkin g spaces up to the minim um numbe r that would have 167 Town of Ithaca PC1CodeBook for Windows been otherw ise require d by the terms of this chapter withou t grantin g any reducti on. Unless waived by the Planni ng Board, the grantin g of the request ed reducti on in parkin g shall be conditi oned on the develo per or applica nt executi ng an agreem ent in form accepta ble to 168 Town of Ithaca PC1CodeBook for Windows the Planni ng Board and accepta ble for recordi ng in the Tompk ins County Clerk's office agreein g to install the additio nal parkin g spaces as may be require d by the above conditi ons. (d) In the event there is (whether before or after the five-year period set forth above) any significant change in use, or a subdivision of the project site, or a sale of a portion of the site, with respect to which a reduction in the required number of parking spaces has been granted, such change, subdivision, or sale may be conditioned upon a requirement that additional parking spaces be required up to the minimum that would have otherwise been required but for the reduction granted pursuant to these provisions. (e) Parking spaces shall be surfaced with blacktop, compacted gravel, or other dust-free material, and must be graded so as to drain properly. (4) The Planning Board, in conducting site plan reviews, is authorized, for good cause shown and providing there is no adverse effects on the project, on the surrounding properties, or on the neighborhood, to allow a reduction of the standard size of a parking space to less than the otherwise required 180 square feet, exclusive of circulation and 169 Town of Ithaca PC1CodeBook for Windows turning areas. B. All zones except Mobile Home Park Zones: (1) If permitted or existing in a zone, the following uses shall be provided with the following off-street parking facilities: (a) One- and two-family dwellings: Two garage or off-street parking spaces for each dwelling unit. No parking shall be located more than 200 feet from the dwelling unit it is intended to serve. Notwithstanding any other provision herein, off-street parking spaces outside of garages may be located in any required front yard provided that no more than 15% of any required front yard is so occupied. (b) Buildings with more than two dwelling units: One garage or lot parking space shall be provided for each dwelling unit,plus one additional lot space for every three dwelling units. No parking shall be located farther than 200 feet from the dwelling unit it is intended to serve. (c) Any of the uses specifically enumerated below in Commercial Zones: The same number of spaces as are required in a Commercial Zone. (2) Unless authorized by the Planning Board during site plan review processes, or by the Board of Appeals as a variance, no parking is permitted in any required front, side or rear yard. (3) The Planning Board is authorized to permit parking in a required front, side or rear yard in course of considering site plan approval, provided the Planning Board finds: (a) That the particular use, nature, or location of the proposed project or building, requires that parking be in one of such yards; (b) It is not practicable to limit parking to areas outside the required yards; (c) Parking in such yards does not significantly adversely affect adjacent properties or the character of the neighborhood; and (d) No such parking will occur in any buffer areas. (4) In conducting any required site plan review, if the Planning Board finds, utilizing the site plan criteria set forth elsewhere in this chapter, that the particular use, nature, or location of the project under review, or other circumstances, require that parking be to the rear of the principal building on the site to mitigate or avoid adverse effects on the project, on adjacent properties, or on the neighborhood generally, the Planning Board shall have the authority to require the parking to be so located. C. Agricultural Zones: (1) Agricultural activities other than set forth below: A minimum of one parking space shall be provided for every two employees or, in the case of uses authorized by special permit only, one space for each 2,500 square feet of interior floor area, excluding basements used for storage, whichever results in the larger number of required spaces. (2) Dwelling units: As set forth above in Subsection B entitled "All zones except Mobile Home Park Zones." (3) Retail sales or roadside stands: one space for each 200 square feet of enclosed floor area. D. Mobile Home Park Zones. (1) Dwelling units: One garage or lot parking space shall be provided for each mobile home, plus one additional lot space for each three mobile homes. No parking lot shall be located farther than 100 feet from the dwelling unit it is intended to serve. Parking spaces and access to same shall be paved with asphalt, concrete, or other solid material. (2) Any of the uses referred to above in Subsection A entitled "All zones": The number of 170 Town of Ithaca PC1CodeBook for Windows spaces required by the terms of Subsection A entitled "All zones." (3) Any of the uses specifically enumerated below in Subsection E entitled"Commercial Zones": The same number of spaces as are required by the terms of Subsection E entitled"Commercial Zones." E. Commercial Zones. Parking requirements shall be as follows: (1) Commercial buildings: A minimum of 300 square feet of parking area, including lanes and driveways, shall be provided for each 100 square feet of floor area, excluding basements used for storage, except in the case of the following uses, for which off-street parking shall be provided in accordance with the following schedule: (a) Office or bank building: One space for each 200 square feet of office or bank floor area. (b) Auditorium, stadium, theater, or other place of public assembly; funeral home or mortuary; or restaurant: One space for each five seats. (c) Bowling alley: Three spaces for each lane. (d) Retail store: One space for each 200 square feet of ground floor plus one space for each 500 feet of sales area on all other floors combined. (e) Hotel, motel: One space for each guest room, which space must be available at night. (f) Skating rink and dance hall: Parking spaces equal in number to 20% of the maximum capacity of the facility (maximum number of persons) authorized for fire protection purposes. F. Light Industrial Zones. Light industrial buildings: A minimum of one parking space shall be provided for every two employees or one space for each 1,200 square feet of interior floor area, excluding basements used for storage, whichever results in the larger number of required spaces, except in the case of the following uses for which off-street parking shall be provided as follows: (1) Office building: One space for each 200 square feet of office floor area. (2) Warehouse: One space for each two employees or one space for each 2,500 square feet of interior space, whichever is greater. G. Industrial Zones. Industrial Buildings: A minimum of one parking space shall be provided for every two employees or one space for each 1,200 square feet of interior floor area, excluding basements used for storage, whichever results in the larger number of required spaces, except in the case of the following use for which off-street parking shall be provided as follows: (1) Office building: One space for each 200 square feet of office floor area. (2) Warehouse: One space for each two employees or one space for each 2,500 square feet of interior space, whichever requires the greater number of parking spaces. § 270-228. Approval of County Health Department. No building permit, special permit, special approval, or certificate of occupancy issued under the terms of this chapter shall become or remain valid unless the holder thereof complied with rules and regulations of the Tompkins County Health Department under the terms of the Tompkins County Sanitary Code. Where minimum lot sizes are specified in this chapter, the same shall be subject to the approval of the Tompkins County Health Department or any successor agency, and if such Department or successor requires larger lots to comply with the County Sanitary Code or any other local, county, state or federal law, rule or regulation, the requirements of such Department or successor shall govern. 171 Town of Ithaca PC1CodeBook for Windows § 270-229. Abandoned cellar holes and buildings. Within one year after work on any excavation for a building has begun, any excavation for a building shall be covered over or refilled by the owner to the normal grade. Any building substantially destroyed by any cause shall be rebuilt or demolished within one year. Any excavation or cellar holes remaining after the demolition or destruction of a building from any cause shall be covered over or filled by the owner within one year. § 270-230. Agricultural lands in County Agricultural Districts. A. Notwithstanding any other provisions of this chapter, mobile homes may be located in any zone on or adjacent to lands used in agricultural production located in an Agricultural District created pursuant to Agriculture and Markets Law § 303 or any replacement or successor statute (such homes being sometimes hereafter referred to as "farm labor homes" and such districts sometimes being referred to as a "County Agricultural District") subject to the following: (1) Such mobile home shall be physically located within a County Agricultural District. (2) If more than one mobile home is to be located on a farm, no building permit shall be issued for such second or additional mobile home unless the proposed mobile home is shown on, and located in accordance with, a site plan approved pursuant to the provisions of Article XXIII. (3) Such mobile home shall only be used in connection with the operation of a farm and shall be leased to, or occupied by, only persons who are, or families at least one member of which is, employed by the farm operator operating the lands on which the mobile home is located. (4) In conducting the site plan review, in addition to any other authority granted the Planning Board by this chapter, the Board is authorized to reduce the minimum lot size from that otherwise required by the terms of this chapter to the minimum permitted by the Tompkins County Health Department, if on-site septic systems are to be used, or 15,000 square feet, whichever is larger. (5) The farm labor home shall be subject to the same residential setback and other yard requirements of the zone in which the same is located. (6) The provisions prohibiting more than one principal building on a lot are waived for farm labor homes in a County Agricultural District. (7) Such mobile home shall be removed if not utilized for housing farm laborers for three or more successive years, or if the property on which the mobile home is located ceases to be a farm operation for a period of three or more years. (8) Any site plan approval granted under this section shall be for a period requested by the applicant,but in no event longer than five years,provided that the same shall be renewed for additional periods of up to five years each upon application of the farm operator if the conditions relating to the granting of the initial site plan approval still exist. B. For the purpose of this section, the term "land used in agricultural production" shall have the same meaning as set forth in Agriculture and Markets Law § 301 (4) or any replacement or successor statute. § 270-230.1. Compliance with property maintenance requirements. [Added 6-13-2011 by 172 Town of Ithaca PC1CodeBook for Windows L.L. No. 6-20111 All lots in all zones within the Town of Ithaca must comply with Chapter 205, titled "Property Maintenance," of the Town of Ithaca Code. To the extent an express provision applicable to a specific zone set forth in this Chapter 270 conflicts with a provision in Chapter 205, the express provision in Chapter 270 shall govern,but all other provisions of Chapter 205 shall apply. ARTICLE XXVIII, Administration § 270-231. Enforcement. This chapter shall be enforced by the Director of Building and Zoning or any other person designated by the Town Board, and duly appointed deputies, all herein collectively referred to from time to time as the Code Enforcement Officer. § 270-232. Applications for approvals, remedies or relief. Every applicant for any approval, remedy or any other relief under this article or any other article of this Zoning Chapter shall disclose the information required by § 809 of the General Municipal Law. § 270-233. Permit to build. [Amended 12-29-2006 by L.L. No. 16-2006] A. No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, repair, removal, or demolition of any building or structure (including signs, except as specified in Chapter 221, Signs, of the Code of the Town of Ithaca), nor install heating equipment, nor undertake any other work which must conform to New York State's Uniform Fire Prevention and Building Code, without having applied for and obtained a building permit from a Code Enforcement Officer pursuant to Chapter 125 of the Code of the Town of Ithaca. Notwithstanding the foregoing, no building permit shall be required under those circumstances specified in § 1254A of the Code of the Town of Ithaca for which no building permit is required. B. No permit to build shall be issued except pursuant to written order of the Board of Appeals, where the proposed construction, alteration, or use would be in violation of any provision of this chapter. § 270-234. Certificate of occupancy. [Amended 12-29-2006 by L.L. No. 16-20061 A certificate of occupancy shall be required for all work and other circumstances specified in § 125-7 of the Code of the Town of Ithaca. § 270-235. Zoning Board of Appeals. There is hereby established a Zoning Board of Appeals which shall function in the manner prescribed by law (except as the same may be superseded by the terms of this chapter as set forth 173 Town of Ithaca PC1CodeBook for Windows below). A. Membership. (1) There shall be five members of the Zoning Board of Appeals. The members of the Zoning Board of Appeals shall be residents of the Town of Ithaca and shall be appointed by the Town Board to serve for terms as prescribed by law. Vacancies occurring in said Board by expiration of term or otherwise shall be filled in the same manner. No person who is a member of the Town Board shall be eligible for membership on the Zoning Board of Appeals. (2) Alternate members. [Amended 11-13-2006 by L.L. No. 14-2006] (a) There may be appointed additionally up to two alternate members of the Zoning Board of Appeals. Alternate members shall be appointed by resolution of the Town Board for terms established by the Town Board. (b) The Chairperson of the Zoning Board of Appeals shall designate an alternate member to substitute for a regular member in the event that a regular member is unable or unwilling to vote because of a conflict of interest,recusal, absence, abstention, or any other reason and an alternate member is present at the meeting when the designation takes place. (c) If more than one alternate member is present at a meeting when the Chairperson is designating an alternate member to substitute for a regular member, the Chairperson shall designate the alternate member who has not served on a case or matter the most recently. If that alternate member is not able or willing to vote for a reason listed in Subsection A(2)(b) above, then the Chairperson shall designate the other alternate member to serve. (d) To the extent this provision is inconsistent with Town Law § 267(11), it is intended to supersede such section, in accordance with Municipal Home Rule Law § 10(1)(ii)d(3). All other rights, responsibilities and procedures related to alternate members set forth in said § 267 shall apply. B. The Town Board shall designate the Chairperson of the Zoning Board of Appeals. The Zoning Board of Appeals shall choose its own Vice Chairperson who shall preside in the absence of the Chairperson. In the absence of both the Chairperson and Vice Chairperson, the Zoning Board of Appeals shall choose one of its number as Acting Chairperson. Such Chairperson, or the party acting as Chairperson in the Chairperson's absence, may administer oaths and compel the attendance of witnesses. The Zoning Board of Appeals may appoint a secretary who shall take minutes of all its meetings and keep its records. C. The Zoning Board of Appeals shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter and all its resolutions and orders shall be in accordance therewith. D. Any person aggrieved by any decision of any officer of the Town charged with the enforcement of this chapter may take an appeal to the Zoning Board of Appeals. E. The Zoning Board of Appeals shall, in accordance with the provisions of this chapter and in accordance with the provisions of Town Law § 267 et seq. hear and determine appeals from any refusals of a building permit or certificate of occupancy by the person designated by the Town Board, or review any order or decision of said person where such order or decision is based upon the requirements of this chapter. F. The Zoning Board of Appeals, on appeal from the decision or determination of the Code Enforcement Officer, shall have the power to grant use and area variances (as the same are 174 Town of Ithaca PC1CodeBook for Windows defined in Town Law§ 267). In doing so, in addition to any other requirements set forth in this chapter, the Zoning Board of Appeals, in determining whether to grant a use or an area variance shall consider all of the matters set forth in Town Law § 267-b including specifically the considerations set forth in § 267-b, 2 and 3, or any successor statute. G. The Zoning Board of Appeals shall also hear and decide all matters referred to it or upon which it is required to pass by the terms of this chapter. In deciding such matters referred to it by the terms of this chapter and in granting special approval the Zoning Board of Appeals shall follow the procedures and apply the criteria set forth in Article XXIV, Special Permits and Special Approvals, of this chapter. H. At the option of the Zoning Board of Appeals, it may refer a matter to the Planning Board for a recommendation before taking action. Such referral shall not extend the time within which the Zoning Board of Appeals,by law, must act. Failure of the Planning Board to timely respond to such a referral shall not preclude action by the Zoning Board of Appeals nor otherwise affect the validity of any actions taken by the Zoning Board of Appeals. L In granting variances or special approvals the Board may impose upon the applicant such reasonable conditions as are directly related to and incidental to the proposed use of the property or the period of time such variance or special approval shall be in effect. Such conditions shall be consistent with the spirit and intent of the Zoning Ordinance or Local Law, and shall be imposed for the purpose of minimizing any adverse impact such variance or approval may have on the neighborhood or community. J. Unless work has commenced in accordance with the variance or special approval given by the Zoning Board of Appeals within one year from the issuance of the building permit authorizing such work, or within 18 months of the granting of such variance or special approval, whichever is earlier, not only the building permit but the variance or special approval shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the issuance of such special approval or variance. § 270-236. Planning Board. There is hereby established a Planning Board which shall function in the manner prescribed by law (except as the same may be superseded by the terms of this chapter as set forth below). A. Membership. (1) There shall be seven members of the Planning Board. The members of the Planning Board shall be residents of the Town of Ithaca and shall be appointed by the Town Board to serve for terms as prescribed by law. Vacancies occurring in said Board by expiration of term or otherwise shall be filled in the same manner. No person who is a member of the Town Board shall be eligible for membership on the Planning Board. To the extent reasonably possible, and in the sole discretion of the Town Board, one or more of the members may be an agricultural member as defined in § 271 of the Town Law. (2) Alternate members. [Amended 3-12-2007 by L.L. No. 4-2007] (a) There may be appointed additionally up to two alternate members of the Planning Board. Alternate members shall be appointed by resolution of the Town Board for terms established by the Town Board. (b) The Chairperson of the Planning Board shall designate an alternate member to substitute for a regular member in the event that a regular member is unable or 175 Town of Ithaca PC1CodeBook for Windows unwilling to vote because of a conflict of interest, recusal, absence, abstention, or any other reason and an alternate member is present at the meeting when the designation takes place. (c) If more than one alternate member is present at a meeting when the Chairperson is designating an alternate member to substitute for a regular member, the Chairperson shall designate the alternate member who has not served on a case or matter the most recently. If that alternate member is not able or willing to vote for a reason listed in Subsection A(2)(b) above, then the Chairperson shall designate the other alternate member to serve. (d) To the extent this provision is inconsistent with Town Law § 271(15), it is intended to supersede such section, in accordance with Municipal Home Rule Law § 10(1)(ii)d(3). All other rights, responsibilities and procedures related to alternate members set forth in said § 271 shall apply. B. The Town Board shall designate the Chairperson of the Planning Board. The Planning Board shall choose its own Vice Chairperson who shall preside in the absence of the Chairperson. In the absence of both the Chairperson and Vice Chairperson, the Planning Board shall choose one of its number as Acting Chairperson. Such Chairperson, or the party acting as Chairperson in the Chairperson's absence, may administer oaths and compel the attendance of witnesses. The Planning Board may appoint a Secretary who shall take minutes of all its meetings and keep its records. C. The Planning Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter and all its resolutions and orders shall be in accordance therewith. D. The Planning Board shall, in accordance with the provisions of this chapter and in accordance with the provisions of Town Law § 271 et seq. hear and determine site plan approval requests, special permit requests, subdivision applications, and such other matters as may be referred to such Board under this chapter or otherwise. E. The Planning Board, in making any determination shall have the powers granted to Planning Boards by, and shall apply the procedures and criteria set forth in, this chapter, the laws of the State of New York, and any other law, ordinance, or resolution duly adopted at any time by the Town Board or Planning Board. F. In granting site plan approvals, special permits, subdivision approvals, or in taking any other actions in response to any application, the Board may impose upon the applicant such reasonable conditions as are directly related to and incidental to the proposed use of the property or the period of time such special permit or other approval shall be in effect. Such conditions shall be consistent with the spirit and intent of the Zoning Ordinance or Local Law, and shall be imposed for the purpose of minimizing any adverse impact such permit or approval may have on the neighborhood or community. G. Unless work has commenced in accordance with the site plan approval or special permit given by the Planning Board within one year from the issuance of the building permit authorizing such work, or within 18 months of the granting of such approval or special permit, whichever is earlier, not only the building permit but the approval or special permit shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the issuance of such approval or special permit. H. In making recommendations to the Town Board and the Zoning Board of Appeals, the Planning Board shall determine that: 176 Town of Ithaca PC1CodeBook for Windows (1) There is a need for the proposed use in the proposed location. (2) The existing and probable future character of the neighborhood in which the use is to be located will not be adversely affected. (3) The proposed change or use is in accordance with a Comprehensive Plan of development of the Town. § 270-237. Posting of notices. In addition to any other notice required by law, a public notice shall be posted by the applicant on the property that is the subject of certain applications as set forth in this section. A. The sign shall be so posted in the following circumstances: (1) If a variance, special approval, or determination is being sought from the Zoning Board of Appeals, the notice shall be posted before the initial Zoning Board of Appeals public hearing on the matter. (2) If a subdivision approval, a site plan approval, or special permit is being sought from the Planning Board, the notice shall be posted before the first Planning Board public hearing on the application. (3) If a determination is being sought which requires affirmative action by both the Zoning Board of Appeals and the Planning Board, the notice shall be posted before the first public hearing before either Board occurs. (4) If the application is for rezoning of a parcel or parcels of land in conjunction with a proposed development on same a notice shall be posted and it shall be posted prior to the initial Planning Board hearing on the proposed rezoning. If the rezoning is a rezoning generally of the neighborhood independent of a particular application for a particular project, or is a rezoning of an area of more than 300 acres, there shall be no posting requirement unless the Town Board directs such posting. In such event the Town Board may designate the location and frequency of such posting, which may be different than otherwise required hereunder. B. The posting shall occur at least 14 and not more than 30 days before the first meeting of the Board at which the matter is to be heard as set forth above. C. The sign shall be posted in a location clearly visible from the roadway at or near the center of each of the property lines of the property under consideration which property line fronts on an existing public or private roadway. If the road frontage exceeds 1,000 feet, signs shall be posted at five-hundred-foot intervals along the frontage. When the Town Planner or Town Building Inspector and Zoning Enforcement Officer finds that the particular circumstances of an application warrants more signs than required by this provision, the applicant shall post such additional signs as may be directed by either of such officers. D. Such signs shall be continuously maintained by the applicant and displayed facing the roadway until final action has been taken by the Board involved approving or denying the application or appeal, or until the application is withdrawn. Signs shall be removed within 15 days of the final action or withdrawal of the application. E. The required signs shall be obtained from the Town Planner or his/her designee, Code Enforcement Officer, or Town Clerk and shall contain the information set forth on the form of sign supplied by the Town. Fees for such signs shall be set from time to time by Town Board resolution. [Amended 12-7-2009 by L.L. No. 27-2009xxv"EN] F. Failure to post or maintain the signs as provided in this section shall not be a jurisdictional 177 Town of Ithaca PC1CodeBook for Windows defect and any action taken by any Board in connection with the application shall not be nullified or voidable by reason of the failure to comply with this section. However, the failure to post or maintain the sign may be grounds, should the Board involved in its discretion so determine, to deny the application sought or to decline to hear the matter at the scheduled meeting date by reason of the failure to have the appropriate signs installed and/or maintained. The appropriate Board may, on good cause shown, waive the requirement of the posting of signs as called for by this section. § 270-238. Entry and inspection. The Code Enforcement Officer shall have the right to enter upon, examine and inspect, or cause to be entered, examined and inspected, any building or property, for the purpose of carrying out the provisions of this chapter after reasonable written notice of intent to examine or inspect has been provided to a property owner, and permission of the owner has been granted. If such permission is denied, access shall be pursued by the Attorney for the Town, who shall be notified by the Code Enforcement Officer of such denial. Pending the granting of such access or inspection, no further permits, certificates of occupancy or other approvals shall be granted by the Code Enforcement Officer or any other agency or board of the Town. § 270-239. Violations and penalties. A. Pursuant to § 268 of the Town Law any person, firm, corporation or other entity violating any provision of this chapter shall be deemed guilty of an offense and upon conviction thereof shall be subject to a fine or to imprisonment as provided in § 268. Each week's continued violation shall constitute a separate offense. B. Notwithstanding any other provisions of this chapter the Planning Board or the Zoning Board of Appeals may refuse a special permit, special approval,preliminary or final site plan approval to an applicant as long as the applicant, or any person or entity under the control of or controlled by the applicant, is in default in the performance of any actions required of them pursuant to law or pursuant to conditions imposed in connection with a previously granted special permit, special approval, or final site plan approval in the Town of Ithaca. § 270-240. Amendments. This chapter may be amended as provided by law. § 270-241. Validity. The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof. § 270-242. Existing Zoning Ordinance amended, readopted and reenacted. The existing Zoning Ordinance of the Town of Ithaca,New York, as amended, adopted October 25, 1954, is hereby reenacted,readopted and amended to read as set forth in this chapter, except as expressly provided otherwise in this chapter. This readoption and reenactment and the adoption of any amendment shall not affect any pending, or prevent any future prosecution of 178 Town of Ithaca PC1CodeBook for Windows any, action to abate any violation existing at the time this chapter is readopted, reenacted and amended, if the use is in violation of the provisions of this chapter as readopted, reenacted and amended. Nothing herein shall be deemed to change the status of nonconforming uses created by virtue of the Zoning Ordinance adopted October 25, 1954, as amended, if such uses remain nonconforming under the provisions of this chapter, as readopted, reenacted and amended. § 270-243. Fees. [Amended 12-7-2009 by L.L. No. 27-2009-MEN] The fees, escrow deposits,review costs,public hearing fees and inspection fees for subdivision, variance, site plan, special permit, special approval, and other similar applications and approvals, and for building permits, use permits, operating permits and any other similar permit, shall be set from time to time by Town Board resolution. The time of payment of such fees, the process for calculating, depositing and/or paying same, the circumstances under which the fees or deposits may be modified, and the amounts and procedures for paying SEQR-related fees shall all be as set forth in Chapter 153, Fees, of the Town of Ithaca Code. § 270-244. Effective date. This revised and restated ordinance shall become effective April 1, 2004,herein referred to as the "effective date." § 270-245. Transition provisions. A. This revised,restated and amended chapter shall apply to all applications for building permits, site plan approvals, subdivision approvals, special approvals, special permits, or any other approval or authorization hereunder, submitted on or after the effective date. B. If a completed application is submitted prior to the effective date and if such application is diligently prosecuted to conclusion, the application shall be governed by the provisions of the Zoning Ordinance in effect immediately prior to the effective date, unless the applicant elects by written notice accompanying the application or delivered within a reasonable time after submission of the application to be governed by the provisions of this revised,restated and amended ordinance as in effect on and after the effective date. For the purposes of this section only, an application shall be deemed "completed" if it contains all required information, materials, and fees normally and reasonably required by the appropriate Town official(s) (e.g., Director of Planning with respect to subdivision, special permit, rezoning, planned development area, and site plan approval applications, the Director of Building and Zoning with respect to building permit, variance, and special approval applications, and the Director of Engineering with respect to fill permit applications) including initial SEQR forms, to commence the review process by the appropriate Town official or board. An application shall be deemed"diligently prosecuted to conclusion" if the applicant promptly responds to any inquiries and promptly supplies any additional information reasonably required by the reviewing Town officials and/or boards, appears at all required scheduled public hearings, and otherwise cooperates so as to permit and enable the appropriate Town officials and/or boards to adequately and completely review the application and render a decision on same within a reasonable period of time of its submission, and in any event within nine months of its submission. 179 Town of Ithaca PC1CodeBook for Windows C. The Town Board may, with respect to a specific application, if an applicant demonstrates 1) severe, adverse economic impact will result to the applicant if this revised, restated chapter is applied to the applicant's application because of a substantial expenditure of funds by the applicant prior to the adoption of this revised,restated chapter and in reliance upon the provisions of the ordinance in effect prior to the effective date; or 2) delay in rendering a decision by the applicable official or board is due to the failure of such official or board to act within a reasonable period of time and not due to any failure or default by the applicant; extend by no more than four additional months the privilege of having the application be governed by the provisions of the zoning ordinance in effect prior to the effective date, or extend by no more than four additional months the nine-month period within which diligent prosecution of the application must be completed to obtain the benefit of utilizing the pre-effective-date ordinance provisions. An application for extension under this subsection must be made prior to, or within 30 days after, the end of any applicable period by written request to the Town Clerk or Town Supervisor setting forth the requested relief and the grounds for same. This local law also repealed former Ch. 125, Building Construction and Fire Prevention, adopted 12-7-1981 by L.L. No. 1-1981, as amended. " Editor's Note: This local law also provided for an effective date of 1-1-2010. "' Editor's Note: This local law also provided for an effective date of 1-1-2010. '° Editor's Note: This local law also provided for an effective date of 1-1-2010. Editor's Note: This local law also provided for an effective date of 1-1-2010. °' Editor's Note: This local law also provided for an effective date of 1-1-2010. °" Editor's Note: This local law also repealed former Ch. 205, Property Maintenance, adopted 9-10-1979 by L.L. No. 4-1979, as amended. "' Editor's Note: See § 270-5, Definitions. " Editor's Note: Original Subdivision(50), One- and two-family dwellings, was repealed 11-10-1988 by L.L. No. 10-1988. X Editor's Note: Original Section 4, Existing buildings required to install sprinkler systems, as amended, which immediately followed this subsection, was repealed 9-13-1999 by L.L. No. 8-1999. X' Editor's Note: A copy of the Zoning Map may be included in the pocket at the end of this volume. The current and official Zoning Map is on file in the Town offices. X" Editor's Note: See also Ch. 271, Zoning: Special Land Use Districts. X"' Editor's Note: Former Subsection C, regarding home occupation other than farming or a farm-related enterprise, was repealed 2-12-2007 by L.L. No. 1-2007. X'° Editor's Note: Former Subsection D, regarding clubhouses and lodges, which immediately followed, was repealed 7-13-2009 by L.L. No. 10-2009. This local law also redesignated former Subsection E as Subsection D. X° Editor's Note: Former Subsection B, Home occupation, was repealed 2-12-2007 by L.L. No. 1-2007. This local law also provided for the renumbering of former Subsection C as Subsection B. X°' Editor's Note: This local law also repealed former § 270-45, Accessory structures and uses authorized by special permit only, which immediately followed. X°" Editor's Note: This local law also redesignated former §§ 270-46, 270-47, 270-48, 180 Town of Ithaca PC1CodeBook for Windows 270-49, 270-50, 270-51 and 270-52 as §§ 270-45, 270-46, 270-47, 270-48, 270-49, 270-50 and 270-51, respectively. `... Editor's Note: Former Subsection C, Home occupation, was repealed 2-12-2007 by L.L. No. 1-2007. "' Editor's Note: Former Subsection B, Home occupation, was repealed 2-12-2007 by L.L. No. 1-2007. This local law also provided for the renumbering of former Subsections C and D as Subsections B and C,respectively. XX Former Subsection B, Home occupation, was repealed 2-12-2007 by L.L. No. 1-2007. XX' Editor's Note: Former § 270-92,Accessory buildings and uses authorized by special approval only,was repealed 2-12-2007 by L.L. No. 1-2007. XX" Editor's Note: This local law also provided for an effective date of 1-1-2010. Editor's Note: Former § 270-103,Accessory buildings and uses authorized by special approval only,was repealed 2-12-2007 by L.L. No. 1-2007. XX'° Editor's Note: Former Subsection I,regarding fences up to eight feet in height, was repealed 11-9-2009 by L.L. No. 14-2009. XX° Editor's Note: Former Subsection 1,regarding fences up to eight feet in height, was repealed 11-9-2009 by L.L. No. 14-2009. XXv' Editor's Note: See Ch. 173, Outdoor Lighting. XX°" Editor's Note: This local law also provided for an effective date of 1-1-2010. XX°"' Editor's Note: This local law also provided for an effective date of 1-1-2010. 181