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GENERAL CODE
INSTRUCTIONS
Town of Ithaca Code Supplement No.26
The enclosed new and/or replacement pages should be placed in your Code volume immediate-
ly! The dateline, on the bottom of the page, does not indicate the adoption date of the Code
changes, but rather identifies the pages printed with this supplement. This instruction page should
be placed in the front of your Code volume.
REMOVE INSERT
270:5—270:6 270:5—270:6
270:9—270:14 270:9—270:14
270:14.1
270:17—270:18 270:17--270:18
270:18.1
270:21 —270:30 270:21 —270:30
270:30.1 —270:30.9
270:115—270:118 270:115—270:118
270:118.1
271:19—271:26 271:19—271:26
271:26.1 —271:26.2
DL:5—DL:6 DL:5—DL:6
Index Pages 1 —28 Index Pages I —27
i
1
Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 1-2012; 2-
.20I2;3-2012.
03-01-2012
ZONING
` § 270-166. Minimum usable open § 270-187. Waiver of requirements.
space. § 270-188. Considerations for approval.
§ 270-167. Size and area of lot. § 270-189. Limitations on construction.
§ 270-168. Parking. § 270-190. Reservation of parkland on
§ 270-169. Additional special site plans containing
requirements. residential units.
§ 270-170. Performance standards. § 270-191. Modifications of site plans.
§ 270-171. Site plan approval. § 270-192. Letter of credit.
§ 270-193. Completion of
ARTICLE XXI improvements.
Planned Development Zones § 270-194. Expiration of site plan
§ 270-172. Purpose. approval.
§ 270-173. Establishment and location. ARTICLE XXIV
§ 270-174. Permitted principal and Special Permits and Special Approvals
accessory uses.
§ 270-175. Additional requirements. § 270-195. Purpose.
§ 270-176. Minimum area for Planned § 270-196. Requirement preceding
Development Zone. issuance of building permit
§ 270-177. Yard and other regulations. or certificate of occupancy.
§ 270-197. Applicability.
§ 270-178. Site plan approval.
§ 270-198. Procedure.
ARTICLE XXII § 270-199. Waiver of requirements.
Procedures for Creation of New Zones § 270-200. Considerations for approval.
§ 270-201. Modifications of special
i § 270-179. Zones to which applicable. permits or special approvals.
§ 270-180. General provisions. § 270-202. Expiration of special permit
§ 270-181. Procedures for creation of a or special approval.
zone.
ARTICLE XXV
ARTICLE XXIII Nonconforming Uses
Site Plan Review and Approval
Procedures § 270-203. Nonconforming lots of
record.
§ 270-182. Purpose. § 270-204. Nonconforming uses of land.
i
§ 270-183. Site plan required prior to § 270-205. Nonconforming structures.
building permit or
§
certificate r occupancy. 270-206. Nonconforming uses of
structures.
§ 270-184. Applicability.
§ 270-207. Interruption of
§ 270-185. Procedure. nonconforming use.
§ 270-186. Site plan requirements.
270:5 03-01-2012
ITI IACA ('()DE'
§ 270-208. Dwellings on m�onconformingv § 2170-223, Fences, -,in(] walls; retaining
lots. walls.
§ 270-209. Continuation of § 270-223.1. 4'erraces, steps, and
Construction. unroofed structures.
§ 270-210. Alterotions in use. § 270-224. Projections in vards.
§ 270-211. Restoration. § 270-225. Red taction ol'lot area.
§ 270-212, Board ol'Appeals § 270-226. More tjj�
.rn uIrle building on at.
(fete 1-111 i na tier n. ItA.
§ 270-213. Variance criteria. § 2711-227. Parking Facilities.
§ 270-214. An oili/ittion of certain § 270-228. Approval of County Health
nonconflorming uses relating Department.
to pre-1991 residential § 270-229Abandoned cellar holes arid
OCCUl')anCieS. hnildings,
§ 270-214.1. Nonconforming farms in § 270-230. Agricultural lands in
IvIediurn Density Residential (,'ountv Agricultural
Zones.
Districfs
ARTICH:' XXVI § 270-230.1. Compliance rwitlj property
Special R(I,yulations maintenance requirenrents.
§ 270--215. Mobile homes air(] trailers. A R H(A 1,: X X V I I I
A d rn i n is t rat in it
§
2711-216. Elder cottages.
§ 270217. Deposit or renroval of rill § 270-231. Vid'orcernent.
and related products. § 270-232. Applications fiw approvals,
§ 2711-2113. Limitations on vehicle remedies or relief'.
repair garages and gyasoline § 270-233. Perimit to build.
sales stations.
§ 270-2M § 270-234. Certificate oCoccupanc).
§ 270-235. Zoning Board of Appeals.
§ 270-21").L Solar collectors and § 270-236. Planning Board.
iris tallat ions. § 2,70-237. Posting of'notices.
§ 270-219.2. Limitations on funne § 270238. E,nt r'v in(] inspection.
occupations. § 2,70-239. Violations and penalties.
§ 270-219.,3. Amateur radio facilities. § 270-240. Amendments.
§ 270-219.4. Striall wind energy facilities. § 270-241. Validity.
§ 270-242. Existing Zoning Ordinance
ARTICLE XXVII amended,, readopted and
General Provisions reenacted.
§ 270-220. Buildirkg floor area. § 270-243. Fees.
§ 270-221. Side yard (to corner lot. § 270-244. EfTective (late.
§ 270-222. Porches and carporlN.
270:6 03 aur 2 0 2
§ 270-5 ZONING § 270-5
r (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 Iocation or position to another;
(3) Any change, addition, or removal of the structural parts; or
270:9 03-01 -2012
§ 270-5 ITHACA CODE § 270-5
(4) Any change, addition, or removal of partitions, or any change in walls, ceiling,
windows, or doors.
B. The term "ALTER," in its various modes and tenses and its participial form, refers to the
making of an alteration.
AMATEUR RADIO FACILITIES — Structures and equipment used by amateur radio
operators who are licensed by the Federal Communications Commission, including antennas,
towers, rotors, mounts, guy wires and anchors, but this term shall not include mobile
equipment that is contained in a car or other motor vehicle or is completely portable and not
affixed in any manner to realty (the exception for mobile equipment does not extend to any
antennas attached, directly or indirectly, such as on a tower or other structure, to realty or to
other facilities used in connection with such mobile equipment). [Added 8-13-2007 by L.L.
No. 7-20071
BASEMENT — That 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. 13-20091
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.
BIOLOGICAL CORRIDOR -- A waterway or a substantially undeveloped stretch of land
consisting of vegetation that serves to facilitate wildlife movement between habitat areas.
Biological corridors may cross more than one parcel of land. [Added 3-12-2012 by L.L. `
No. 3-20121
BOAT — A vehicle designed for travel in or on water. [Added 7-13-2009 by L.L. No.
10-20091
BOAT LAUNCH/RAMP — Facility to launch and retrieve boats. [Added 7-13-2009 by
L.L. No. 10-20091
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. 10-20091
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.
{
270:10 03-01 -2012
§ 270-5 ZONING § 270-5
T ` 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
-`f group family day-care home. (See also "day-care home," "family day-care home," "group
family day-care home.")
CLEAR-CUTTING — A method of cutting, removal or harvesting that removes 50% or
more of the trees of six inches or more in diameter at breast height in any area of more than
one acre on a parcel. [Added 3-12-2012 by L.L. No. 3-20121
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. 7-20051
270:11 03-01 -2012
§ 270-5 ITHACA CODE § 270-5
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. 14-20091
DIAMETER AT BREAST HEIGHT — The diameter of a tree 4 1/2 feet above ground
level. [Added 3-12-2012 by L.L. No. 3-20121
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. 10-20091
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 i
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.
(2) Horse training.
(3) Leasing of horses.
(4) Boarding of horses.
270:12 03-01-2012
§ 270-5 ZONING § 270-5
(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 cquivalent 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.
270:13 03-01 -2012
§ 270-5 ITHACA CODE § 270-5
[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 houseliold.
(d) Whether or not any children are enrolled in local schools.
(e) Whether or not householders are employed in the local area.
(f) Whether or not the group has been living together as a unit for an extended
period of time, whether in the current dwelling unit or other dwelling units.
(g) Any other factor reasonably related to whether or not the group of persons is
the functional equivalent of a traditional family.
(4) In making determinations under this definition, the Zoning Board of Appeals shall
not be required to consider the matters set forth in § 270-200 of this chapter.
G. Lesser permitted number.
(1) Notwithstanding the provisions elsewhere provided herein, if the following
limitations result in a lesser permitted number of occupants than would be
permitted under the definition of family set forth above and the regulations of each
zone set forth later in this chapter, the number of occupants, related or otherwise,
shall not exceed the maximum numbers determined on the basis of habitable space -
of each dwelling unit as follows:
(a) A minimum of 150 square feet of habitable space for the first occupant; and
(b) 80 square feet of habitable space for each additional person in each dwelling
unit.
(2) In no case shall the enclosed floor area be less than required by § 270-220 of this
chapter.
(3) Areas utilized for kitchenettes, bath, toilet, storage, utility space, closets, and other
service or maintenance space shall be excluded in determining "habitable space."
FAMILY DAY-CARE HOME — A facility, home, or other establishment, defined as a
family day-care home in § 390 of the Social Services Law, at which day care is provided for
hire for generally three to six children and which is registered with the Tompkins County
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.
270:14 03-01-2012
§ 270-5 ZONING § 270-5
FARM — Any parcel of land containing at least three acres which is used in the raising of
f agricultural products, such as crops, livestock, poultry, and dairy goods. It includes structures
necessary to the production and storage of agricultural products and equipment and on-farm
buildings used for preparation or marketing of products produced, or derived from products
produced, predominantly on the farm property on which the building is located subject to the
limitations regarding roadside stands set forth in this chapter. [Amended 8-1-2005 by L.L.
No. 7-20051
FARM RETREAT — A farm which includes facilities for room and/or board for up to three
people unrelated to the owner or operator of the farm, which people temporarily occupy farm
premises and participate in the farming activities for the purposes of learning about farm life.
s
{
270:14.1 03-01 -2012
§ 270-5 ZONING § 270-5
boats and marine equipment; and/or provisions for boat access to the lake. [Amended
._
7-13-2009 by L.L. No. 10-20091
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. 10-20111
C. SPOIL and TAILINGS - Have the meanings given to them by Article 23 of the New
York State Environmental Conservation Law or any similar or successor statute.
MIXED USE — A commercial "facility with accessory residential facilities, the floor area
(inclusive of all floors on all stories dedicated to the residential use) of which residential
facilities is less than the floor area (inclusive of all floors on all stories dedicated to
commercial use) of the commercial use, and which residential facilities are located elsewhere
in the building than on the street frontage of the ground floor.
MOBILE HOME — A transportable dwelling unit suitable for year-round occupancy. A
mobile home is designed and built to be towed on its own chassis, comprised of frame and
wheels, and connected to either public or private utilities. The unit may contain parts which
may be folded, collapsed, or telescoped when being towed and expanded later to provide
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.
1.
270:17 03-01-2012
§ 170-51 IV IAUA MDF, § 27W5
MOBILT IONJIF PARK A parcel of land owned by all individual, partnership, or
mpmaHmi; which mars been planned 011111 impnned for the placement of nlobde houres,
MOBILE HDNIF STAND -- Thai part of an indivixtual timbile horne ki whidi has been
merved void improved JW the pliwaviog (d' the nlobilv h(une, appUllenant surtictures and
Obtions.
MOORIN6 - Ali uncov(i-ed floating or 14"1 s(ructure (,)it or under rhe water, such ,is as
buoy of. NN,(�mdell pole, U) which a Nvat tw (Mhcr ol-'ects on the %vam n rvga he secured.
jAdded 7-13-2009 by LA., No. 10-20091
NIUMPLWAMILY DWF]JANG - A WdOg (w gmup or buddirigs on one Or
containing, three or inorc dvelfing units.
NATURAJ ARFA Ali area or land designated as as CAMI Fnvironmental Area, Unique
Natural Area, or other MAW cnvironinclital desiugiialion in accordance with regulations
pronudg,ated by the New York Stale DepaNincia of Frivironmental Cow,,crvarion or any
similar successor state agmicy, or by any other federal, skate, or local governnienral unit, and
any area specifically designiarcd as as Signific"int Natural Area bthe TOM) BMIRI Ofth e EOM
of Ithaca after noice to the owner (w (nmrs of 14, arca and as p0he Whig on well.
designmion.
NONC(-)NFORMING USF, A use of rand cAsthig za the th-ne of enaonvent of dais chaprur
and is amniximems "rich does ims cmi1mmi to the zonirig regulathim or dw district in which
A is s4umed
NONNATIVE INVASIVE PIA IES As JIM on Me -ln%mske Plants or ow Man. New
York Area listing Immitwed by the Forupkals County fmvironincrital Management Council,
as revised from lune, lcr time, or on othr hvis pnduced by Tompkkis County or New York
State, these are alkn or exotic plain species that spread and compele "Ah nmNe qmcicc Mm
eliminating [lie latter, JA(Ided 3-12-2,012 by L.L. No. 3-20121
NLUSERY A kv or MruUuw "hew VmN Munubs, flowctimp, aud collier Plants are
Cullivated, grown or stored and sold,
NURSIN6 OR WN VALESC ENT I UNDO At building t9her Wait a lunqArd Y%here sick or
inkowd pwNms are lodged, Amnislwd with nicals and nursing carr Rw 10v and licensed hy
the 'State of'Ncw York.
A doached built hl(g containing as SalgIC dWCMFItt unit.
ORDINARY HIGI I WA'f ],]� 1,1',VFK -- The arra hary high water level for Cayl-ltla Lake is
394 feet above sea level, [Added 7-13-2009 by L.L. No. 10-20091
ORIMNARY HIGH WA Tf."R LINE' - The hric on file shore cstablished I.,)y the fluctuations
of water and WOW by Physical chmamristics such as as cleat natural Me hinpressad oil,
the barilt sheNing, changes in the character of soil, destruction of terrestrial veguurition, the
presence of litter and debris, or other appropriate tricans that consider the characteristics ofilic
surrounding area& [Added 9-1442007 I)y L.L. No. 8-20071
27119 03 -01 -2012
§ 270-5 ZONING § 270-5
PARKING SPACE-- An area for the temporary parking•of a motor vehicle 180 square feet
in size exclusive of the parking lot circulation areas.
PUBLIC PARKING GARAGE — A garage or other structure used for the parking of
automobiles for the public for a fee on an itinerant basis.
QUALIFIED SOLAR INSTALLER— A person who has skills and knowledge related to the
construction and operation of solar electrical equipment and installations and has received
.y
270:18.1 03-01-2012
§ 2775 B)NING § 2715
execution fit nrobile equip meirl Tics not extend to an), antenna(s) attached, (firectly or.
firdircctly, Such as on as tower or (sher SRUsrare, to realty or to other Whis used in
connection with such mobille equirrinenal; (w D) devices covered by the Fc(ieral
(Amnniunbalbn (Tirrunkskmi's over4he-air recclution devices rule, found at 47 (TR Section
I AIDIXt tw F) amemms Owl arc nor hcoNed by the 11deral CorrununicalAns Coninvissitni anti
are one nictcr or less In diarnewr or diapmal measurcnitart or (for Nvhip antennas) are one
incter or less in length and no nRwc than three inches thick: tBed in connection whh the
provision of two-way ci,)IMIKII-liCation services or which at least ovic of. the directions of
COF111410nications is %vitAcs, including cellular teRphone services, personal corrinninications
servicet private radio cornnitinicarbuis services. We and eniergcncy cornmanications, and any
(qhcr private or public radio "Amnurticakins transinissions i-cpdatcd by the Federal
(Aitirmunicatiows ('on-nnission in accoWnce with the IMccommunicalions Act or 1996 and
other rcderal laws. Such raves Arall hich0c private cornmem5l uws as well as pdqb uso, A
w1ccornmunicidions Why shall include nimupok, grayed, or latticework tower(s), as well as
untenna(sl mvitching stations, principal and accessory teleconlint In ica t ions, equipilient and
suplmning nusts, wires, stnwunvs and BUN, [Amended 5-9-20115 by L.I.- No. 5-20051
11MBLR HARVFSTING The Cutting. rcilloval, or harvesting of' timber oa trees,
[Added 3-12-2012 by L.L. No. 3-2012[
T'AUFAN11111 Y DWELIANG - A doachal building coMahNg two dwelling unit.
VEHICLF, RPTAIR 6ARAGE, A AcRy at which the pkicipal WAty is t1w soNicbg or
rem airbg oT rintitor vehicles For hiry MAKE Wide but arc not limited to Mechanic's
Shops, speedy-lype oil aml lulwicraW flacilhie.,, air(] inuffler and brake repair racilitics,
NVAIA. - See definition A lbrice. jAdded 11-62009 11 LJ. Nm 1520091
WATER RIGIVIN lANLS - W Mics dmt are used solch, & clewrinirrAT the Nnindm-ies
ror the Iflaccincin oT cermin piers, licks, w1wrves aml other Arnibr KIM suQQct to this
chapter. jAdded 7-13-2009 by L.L. No. 10-20091
W FERSM Ile larks swe or the twdimixy high water kine. [Aalded 7-13-2009 1, LL
PAI, 15200f
WE I LAND Any area that is irouidated or saturated by surface water or gioundwa(cr at a
fi-equency and duratkmi sulAcient to suplxott, and that under norrital circurnslances, does
support, as prevalence of vegelarion typically adaped Cor 100 in swumd Ql corwiTtions.
[Added 3-12-2012 by L.L. No. 3-20121
WIND F.NY',RGY FACIfTlY - The structures and associated equipment which convert
wind energy into usable mechanical or elemical energy, hicIuding towers, turbines, guy wires,
asso
crated anchors anti I'ouncl.ations, InOUIT(S. C0111rectcd racilifics such as generators,
ahernators, Inverters mul batteries, and other asmiciated alulmient. IA&kd 8-11-20011 by
U. Aim 13-20081
YARD-- An open spee on the sarne hit with I building, unoccupied and unobstructed from
die ground upward tAcMt as otherwise permitted herein.
27121 03 -Or 2012
§ 270-5 ITHACA CODE § 270-6
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 1'
adjacent side lot line. [Amended 8-13-2007 by L.L. No. 6-20071
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. 6-20071
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. 6-20071
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. 1-20111
Conservation Zones
Agricultural Zones
Lakefront Residential Zones
Low Density Residential Zones r 1
Medium Density Residential Zones
High Density Residential Zones
Mobile Home Park Zones
Multiple Residence Zones
Neighborhood Commercial Zones
Office Park Commercial Zones
Community Commercial Zones
Vehicle Fueling and Repair Commercial Zones
Lakefront Commercial Zones
Light Industrial Zones
Industrial Zones
Planned Development Zones
Areas of Special Flood Hazard
Special Land Use Districts (Limited Mixed Use) - In accordance with and pursuant to
Local Law No. 2-1984
Special Land Use District No. 1 - In accordance with and pursuant to Local Law No.
3-1984 [Wiggins]
Special Land Use District No. 2 - In accordance with and pursuant to Local Law No.
4-1984 [Sapsucker Woods]
270:22 03-01 -2012
§ 270-6 ZONING § 270-7
`k
Special Land Use District No. 3 (Limited Mixed Use) - In accordance with and pursuant
to Local Law No. 4-1986 [Biggs Complex]
Special Land Use District No. 4 (Limited Mixed Use) - In accordance with and pursuant
to Local Law No. 1-1987 as amended by Local Law No. 2-2002 [Statler West]
Special Land Use District No. 5 (Limited Mixed Use) - In accordance with and pursuant
to Local Law No. 2-1988 [Chamber of Commerce]
Special Land Use District No. 7 (Limited Mixed Use) - In accordance with and pursuant
to Local Law No. 1-1994 [Ithacare]
Special Land Use District No. 8 (Limited Mixed Use) - In accordance with and pursuant
to Local Law No. 1-1995 as amended by Local Law No. 4-2001 [Ecovillage]
Special Land Use District No. 9 (Limited Mixed Use) - In accordance with and pursuant
to Local Law No. 14-1995 [Cornell Precinct 71
Special Land Use District No. 10 (Limited Mixed Use) - In accordance with and
pursuant to Local Law No. 6-1998 [Sterling House/Sterling Cottage]
Special Land Use District No. I1 (Limited Mixed Use) - In accordance with and
pursuant to Local Law No. 7-1998 [Cornell Chilled Water Plant]
Planned Development Zone No. 12 - In accordance with and pursuant to Local Law No.
8-2005 [South Hill Business Campus]
Planned Development Zone No. 13 - In accordance with and pursuant to Local Law No.
1-2011 [Belle Sherman Cottages] [Added 1-4-2011 by L.L. No. 1-20111
Planned Development Zone No. 14 - In accordance with and pursuant to Local Law No.
1 ]of 2011 [Ithaca Beer Company] [Added 8-8-2011 by L.L. No. 11-20111
i
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.,
§270-7. Continuation of special land use districts. Z
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.
1. 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 rile in the Town offices.
2. Editor's Note:See also Ch.271,Zoning:Special Land Use Districts.
270:23 03-01 -2012
§ 270-8 ITHACA CODE § 270-9
§ 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 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 Iands 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.
270:24 03-01-2012
§ 270-10 ZONING § 270-11
ARTICLE V
f 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 negative 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; 3-12-2012 by L.L. No. 3-20121
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.
t
t [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 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:
fJ
i
270:25 03-01-2012
§ 270-11 ITHACA CODE § 270-12
(1) Each dwelling unit is occupied by no more than one family; and r
(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. Timber harvesting shall be subject to
the requirements in § 270-22L. [Amended 3-12-2012 by L.L. No. 3-20121
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. 13-20081
§ 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 r
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. 9-20061
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 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]
270:26 03-01 -2012
§ 270-12 ZONING § 270-14
j (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.
H. Deposit, removal or moving of earth, fill or related products consisting of more than 50
cubic yards of material on any parcel in any one year, as described and regulated in
§ 270-217 of this chapter. [Added 3-12-2012 by L.L. No. 3-20121
§ 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 XXIII. No building
permit shall be issued unless the proposed structure is in accordance with the final site pian
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. 1-20071
C. Wildlife rehabilitation operation as defined and regulated under six NYCRR Part 184,
provided that no noise, dust, disorder, or objectionable odor is experienced (as a result of
that use) beyond the boundary lines of the property where such use is conducted, and that
no more than three additional persons not residing on the premises may be employed.
270:27 03-01 -2012
§ 270-14 ITHACA CODE § 270-15
D. Day-care homes, family day-care homes, and group family day-care homes.
E. Adult day-care facilities serving no more than four clients at any one time.
F. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number is
authorized by special approval of the Zoning Board of Appeals.
G. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in
§ 270-219.3. [Added 8-13-2007 by L.L. No. 7-2007]
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. 13-20081
1. Timber harvesting, subject to the requirements in § 270-22L. [Added 3-12-2012 by L.L.
No. 3-2012]
§ 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 aII floors
dedicated to such dwelling) does not exceed 50% of the floor area of the primary
dwelling on the Iot;
(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
l
270:28 03-01 -2012
§ 270-15 ZONING § 270-19
rJ (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.
C. Side yards: Each not less than 50 feet.
4
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.
Cots in Conservation Zones shall meet the following minimum requirements:
r r
270:29 03-03 -2012
§ 271119 Fl HACA CXAM', § 27122
A. Minimum lot area shall be at least seven acres and
B. Adinisninn IM with at the street line shall be 300 fi.°&, and
C. Mininulin vvkHh at dic rnaxhiwin mquiral himl ward setback line (75 Icer from dw swect
line) shall he 300 feet, and
I'X klinjinurn depill frorn the street line shall be 450 feet,
§ 2752M Chrlsilring.
The Phnnhg IWaM is hereby authorized to rcquire clustering, of residential units as ourfined
it) Chaptcr 234. SANK% of I aml, or the CIde of Has lwn of 10mca, where cluMer4y Will
further the purposes or the ConservatA Zone, subject to the requironmi with ropmt u) the
Coliservatkin Zone along Six Mile Creek, that \khcre tc'nOflc, oil (lie southweslern side of Six
We (" eek (Le., on the OnNingion Road side ofthe (Amsematio" Weh, AvAng units shall
be chstoed between the firmer railroad gmde and Coddinglon Road. in order to preserve the
natural Characteristics aaracf Scenic views, of, 111C kinds a(haccirt, to fax Mile Creck and the city,
watcrshcd pRjwky In such cases, the carne number of' dwelling units that umild have becii
NO on divit porion of We palwel between Me hymer r.iih,oad gradc and Six Mile Creek under
the abovc, density rulnAmems when feasible shall be transt6'rod to the portion ofthe parcel
betv,een the former r.lilroikf grade and Coddington Road. Has provislon shall not appIY to
hatreds which are situated entirely bouvoi the Kiner railroad gracle and Six Mile Creek,
§ 27521. Parkjng.
Parkbig rquirenients shall ric as set forth it) § 270..227,
§ 27622. AddhAnW iviquirenients an(I restricth)ns,
A. The following activities are spedfically p"Whof it (Amservadon Ames:
I) The Qoiixtioli Q dunWing or dkImsol of snovv or ice collected frorn roa(kways
or parking Us No or within 200 feet linear distance Of any wetland or
watercourse carryin,(,.,, water six Illorulls out of file ycar,
(2) lie locatimi of Widings or structures on slopes of 25'p`a or greater, with as
rniniminn hAzwrind slope kng:th ot*25 teat.
13. No buildings, structures, paved areas, or sUmmge ofeonstructiort equipirient or machinery
shaH he located within 50 foet of the center Fine of any w,atcrcoursc carrying water six
nwhs out of the-gear, or withk 200 feet of"the onc-lit i l rdrcd-,yea r-flood boundary orally
body of water or watercourse idoitified as Voric A" on any Flood Insurance Rate Map
1,61- the Town of, New York, prepared by the [`cderal Eniergency Marragell lent
Agency, (or arty other generally recopmized inap Of Zones) Within
any Conservation /ones.
(1) In the case of residential SUNJivisions, "llether conventional or cluster, t[le no
clishwbance zone as Wred We AmH he increased 1wy up to 5WI) if the Planning
2AL30 03-01 - 2W2
§ 270-22 ZONING § 270-22
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 Iisted 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 Iand 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, with
conserved areas clearly defined on proposed and approved site plans and
t subdivision plats. Timber harvesting shall be subject to the requirements in
Subsection L below. [Amended 3-12-2012 by L.L. No. 3-20121
(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.
(3) Nonnative invasive species shall not be planted and, if present on a site, they may
be removed by the site owner or authorized agent. [Added 3-12-2012 by L.L. No.
3-2012]
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.
(4) Regrading should blend in with the natural contours and undulations of the land.
270:30.1 03-01-2012
§ 270-22 ITHACA CODE § 270-22
(5) Buildings proposed to be located within significant viewing areas should be r"
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.
1. 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. r
'E
(2) Existing natural drainageways should be retained where possible.
(3) In cases where a retention basin will be required, a landscaping plan shall be
prepared and submitted for the Planning Board's approval. Basin landscaping
materials that enhance wildlife habitat shall be used to the extent practicable.
J. The following shall apply to lighting:
(1) Street lighting shall be provided only where site-specific safety conditions warrant.
(2) Where street lighting is required, its location, type, and intensity shall be subject to
the Planning Board's review and recommendation to the Town Board for approval.
(3) All approved street lighting must comply with the requirements of the Outdoor
Lighting Law, Chapter 173 of the Town of Ithaca Code. [Added 10-16-2006 by
L.L. No. 12-20061
K. Whenever a subdivision of land or a site plan 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 and site plans. [Amended 3-12-2012 by L.L. No.
3-2012]
L. Timber harvesting. [Added 3-12-2012 by L.L. No. 3-2012]
a
270:30.2 03-01 -2012
i
§ 270-22 ZONING § 270-22
' (1) No timber harvesting shall occur without a timber harvesting permit issued by a
Code Enforcement Officer, unless such timber harvesting is exempted from this
permit requirement by Subsection L(2) below.
(2) The following shall not require a timber harvesting permit:
(a) Reasonable site clearing preparatory to construction of a building or other
structure for which a building permit has been issued, provided such site
clearing does not exceed one acre.
(b) Site clearing preparatory to construction of a building or other structure
pursuant to a site plan approved by the Planning Board, provided such site
clearing does not exceed one acre.
(c) Clearing of land for rights-of-way or Utilities.
(d) Clearing and maintenance of land for agricultural purposes (including timber
operations that constitute a farm operation, as defined by § 30I of the New
York Agriculture and Markets Law), where the principal use of the land is as
a farm and the land is located within a county agricultural district created
under the provisions of Article 25-AA of the New York State Agriculture and
Markets Law.
(e) The harvesting of evergreens specifically planted for Christmas trees.
(f) Maintenance of trees or property through the pruning or topping of trees.
(g) Cutting, removing or harvesting trees to prevent or treat disease, to control
invasive species, or to remove trees that are dead or damaged or present
safety or health hazards.
(h) Any other cutting, removal or harvesting of timber from a parcel in quantities
less than 10 standard cords of wood, or 5,000 board feet, as measured by the
International 114 Inch log rule described in the U.S. Forest Service's National
Forest Log Scaling Handbook (effective October 30, 2006), in any one year.
(3) Submission requirements for timber harvesting permit. An applicant for a timber
harvesting permit shall submit a forest management plan prepared by a forester
who is certified by the Society of American Foresters or such successor
organization as is later created, a cooperating consulting forester with the New
York State Department of Environmental Conservation, or a qualified forester
approved by the Town Code Enforcement Officer. Such forest management plan
shall demonstrate compliance with all standards contained in Subsection L(5)
below as well as applicable timber harvesting guidelines issued by the New York
State Department of Environmental Conservation. In addition, the application shall
include the following:
(a) A description of the land on which the proposed timber harvest will occur,
including deed and filed map references, lot numbers, and tax parcel
numbers.
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270:30.3 03-01 -2012
§ 270-22 IT14ACA CODE § 270-22
(b) The full name and address of the owner and of the applicant, the names and
addresses of their responsible officers if any of them are corporations, and
written permission from the owner if the applicant is not the owner. f
(c) The signature of the professional forester responsible for the forest
management plan and the application.
(d) A description of trees to be cut, the percentage of trees to be cut, and the
methods of cutting and removing trees, and a plan to preserve healthy,
mature trees to maintain a sustainable stand of woodland, which plan shall
identify ecologically valuable trees of native species to be conserved
throughout the harvesting operation.
(e) A description of any locally or regionally scarce plants or rare or endangered
plant species as designated by the New York State Department of
Environmental Conservation located within any areas proposed to be
disturbed by the timber harvesting operations.
(f) The location of any access to a paved or unpaved road shown on the most
recent version of the Town's Official Map, and the location and nature of all
existing and proposed logging roads, all staging areas for loading equipment
and logs, and all other disturbances to the site as part of the timber harvesting
operation.
(g) All wetlands, watercourses, topography at five-foot intervals, slopes
identified as unstable by the professional forester, and slopes exceeding 25%.
a
(h) A plan for cleanup of timber harvesting areas, staging areas, and landings
upon completion of the harvesting operations.
(i) A plan for restoration of timber harvesting areas, staging areas, and landings
to a natural state upon completion of the harvesting operations.
(j) If the professional forester determines that engineering controls are necessary
to prevent erosion and sedimentation, identification of the location and type
of such engineering controls.
(k) Submission of any stormwater pollution prevention plan or simple erosion
and sedimentation control plan required by Chapter 228.
(1) Such other information as may reasonably be required by the Code
Enforcement Officer.
(m) Submission of the application fee, which shall be set from time to time by
Town Board resolution.
(4) On-site requirements for timber harvesting permit application. In addition to the
application information required in Subsection L(3) above, the applicant shall take
the following actions on-site where a timber harvest is proposed:
(a) Mark all trees selected for harvest. Any specimen trees identified for
protection shall also be appropriately marked.
270:30.4 03-01-2012
§ 270-22 ZONING § 270-22
(b) Flag the line designating the protected one-hundred-foot buffer for streams
and wetlands [See Subsection L(5)(b) below] The wetland buffer shall be
flagged by a qualified wetland scientist.
(5) Standards for forest management plans and their implementation.
(a) No clear-cutting shall be permitted unless specifically shown in the approved
forest management plan, in which case a reforestation plan shall also be
included in the forest management plan. The replanting shall not include
nonnative invasive species. Replanting of trees pursuant to such reforestation
plan shall be secured by a performance bond, as provided in Subsection L(6)
below.
(b) For parcels that are 10 acres or less, clear-cutting shall not occur on more
than 20% of the parcel. For parcels that exceed 10 acres, clear-cutting shall
not occur on more than 20% of 10 acres on the parcel, and clear-cutting shall
not occur on more than 10% of the balance of the acreage on the parcel.
(c) No timber harvesting or logging road construction shall occur within 100 feet
of any wetland, or of any stream protected by the New York State
Department of Environmental Conservation, except as necessary to cross a
stream, where such stream crossing is permitted by the New York State
Department of Environmental Conservation. in addition, timber harvesting
and logging road construction must comply with all other applicable zoning
requirements, including any more restrictive stream setback requirements.
+ } (d) No timber harvesting or logging road construction shall occur on any steep
slope equal to or exceeding 25%. Slopes of 25% or greater shall be
determined by using one of the following resources or methods, as
appropriate:
[1] On-site measurement of slopes by registered professional engineers,
surveyors, or landscape architects, using accepted engineering practices.
[2] Use of two-foot topographic data created with the use of Light
Detection and Ranging (LIDAR)-derived information.
[3] United States Geological Survey 7.5 Minute Quadrangles.
14] Other resources or methods that Town staff determine are of similar or
greater accuracy than those listed above.
(e) Best management practices for stormwater management shall be required to
prevent runoff of mud, debris, and silt-laden stormwater from the site to
streams, public roads, or the shoulders or drainage systems of public roads.
(f) No tree cutting, harvesting or removal, other than for exempt operations,
shall take place between the hours of 6:00 p.m. and 7:00 a.m, local time.
(g) All trees shall be felled so that no trees or debris falls on any adjoining
property or on any roads not owned or controlled by the applicant.
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270:30.5 03-01-2012
§ 270-22 ITHACA CODE § 270-22
(h) All stumps shall be cut off as low as possible and shall, in general, be no ,
higher than the diameter of the tree trunk when measured on the uphill side
of the stump.
(i) Landing and loading areas shall be located as close as possible to the timber
harvesting operations and shall be smoothed to remove all ruts and debris at
the conclusion of the timber harvesting operation.
(j) The timber harvesting operation shall comply with all applicable erosion,
sediment control, and stormwater management regulations, including any
stormwater pollution prevention plans and simple erosion and sedimentation
control plans.
(k) Equipment used for timber harvesting shall be as small and nondisruptive to
the forest as is economically feasible and safe.
(1) Logging roads and skid trails shall be designed to avoid erosion and stream
sedimentation. The forest management plan shall ensure the proper location
of such roads and skid trails and, where necessary, the use of appropriate
engineering controls.
(m) Cutting or clearing of any locally or regionally scarce plants or rare or
endangered plant species as designated by the New York State Department of
Environmental Conservation is permitted only upon receipt of a special
permit for same by the Planning Board in accordance with the procedures set
forth in this chapter. { �}
(n) Slash and/or logging debris shall not be burned on-site.
(6) Performance bond. All site restoration required by the forest management plan,
including replanting of trees pursuant to a reforestation plan, removal of stumps
and debris, restoration of landing and loading areas, and remediation of any
damage to retained natural vegetation, roads, or drainage systems, shall be secured
by a performance bond. The performance bond shall be furnished in accordance
with the procedures specified in § 277 of the Town Law of the State of New York
relating to subdivisions. The sufficiency of such performance bond shall be
determined by the Director of Code Enforcement after consultation with the
Department of Public Works.
(7) Procedures for approval and enforcement of a timber harvesting permit.
(a) Upon receipt of a complete timber harvesting permit application, the Code
Enforcement Officer shall refer the application to the Town Conservation
Board for review and a recommendation pursuant to the procedures in Town
Code § 23-3. The Conservation Board shall have 30 days from the date of
referral to complete its review and submit any written comments to the Code
Enforcement Officer. If the Conservation Board fails to act within this time,
the Code Enforcement Officer may proceed with his or her permit
determination.
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270:30.6 03-01-2012
§ 270-22 ZONING § 270-23
(b) The Code Enforcement Officer shall promptly review the timber harvesting
permit application, inspect the site, and approve or deny the application,
giving the reason for any denial. A copy of the permit or decision to
disapprove shall be delivered or mailed to the applicant within 45 days of the
submission of a complete application.
(c) Any permit shall be conditioned upon approval of access point(s) onto any
Town roads, issued by the Town Highway Superintendent, and upon
compliance, where applicable, with Chapter 230, Streets and Sidewalks,
Article I, Excavation and Construction in Municipal Roadways and Highway
Rights-of-Way of the Town of Ithaca Code.
(d) The timber harvesting permit shall consist of the application submitted, any
conditions imposed by the Code Enforcement Officer and attached to the
application, and the approval of the Code Enforcement Officer endorsed on
the application with the attached conditions. The timber harvesting permit
shall be placed in the permanent property file for the property.
(e) A timber harvesting permit shall be valid for a period of two years from the
date of its issuance, except where a multiphase forest management plan has
been submitted, in which case the permit may be approved with time limits
indicated within the permit for each phase. No timber harvesting permit shall
be valid for a period in excess of 10 years.
(f) Before any site work begins, the Code Enforcement Officer shall inspect the
site to assure that the buffer areas and staging areas are adequately marked
and that any other applicable permit conditions have been implemented. The
Code Enforcement Officer shall make periodic inspections to assure
compliance with the forest management plan and all conditions of approval.
(g) The Code Enforcement Officer or Stormwater Management Officer shall
have the authority to issue a stop-work order for all or part of the cutting and
harvesting activity if in his or her opinion conditions created by a spring
thaw, adverse weather conditions or any other cause may make damage to
Town roads likely or may result in soil erosion or other damage beyond or
outside of the boundaries of the area of the timber harvesting operation.
(h) Inspection of the site and review of the forest management plan may be
delegated by the Code Enforcement Officer to a professional forester retained
by the Town.
§ 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
270:30.7 03-01 -2012
§ 270-23 ITHACA CODE § 270-26
234, Subdivision of Land, and this Chapter 270, Zoning, including § 234-22 of Chapter 234,
Subdivision of Land, and any successor or related provisions.
§ 270-24. Site plan approval.
No building permit shall be issued for a building or structure within a Conservation Zone
requiring a special permit unless the proposed building or structure is in accordance with a
site plan approved pursuant to the provisions of Article XXIII.
ARTICLE VI
Agricultural Zones
§ 270-25. Purpose.
The purpose of the Agricultueal 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.
270:30.8 03-01 -2012
§ 270-26 ZONING § 270-26
` E. A roadside stand or other structure, not exceeding 3,000 square feet of enclosed space,
v 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]
F. A one-family dwelling to be occupied by no more than:
r
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270:30.9 03-01-2012
§ 27V216 PKIN6 § 2711217
such reasonable conditions as the Floard may deern necessary to minimize the
impact or ow add4hn of an ckkr conage up on lot on which it is being locatcd
as well as the ncjhNwhmx1 in which A is beAg kwMal,
(I Umhat An on variances: Notivithistanding any other provishns th this chaper drue shall
be no variances gramed for extenshm cd Arric Mr renroal of an c1der collage xcep that
g C I
die Board of Appeals may. up"i making the same findings that would normally lie
rcquked for the granting Of as use varianc, ewrid (lie tinic for rora,)w,,fl of the elder
Nitage For (me viddhional six-ruxinh IwAN.
It Definition of, "owlrcr�" For the pumons or ows secal, the loin "owner" as applied to
ownerships of as prKmal hudd#; shall mean a nmural Imrsort:
I 1 Who owns at least a 0"f`o interest III the real property and related htrikiing),s,
wholvur indbidually or as as tenant in unni-nmy or
(2) Who ovvins the real Irraalrer ty and related 190111bgs with im nurre Omn one other
individual or entity as ctsjoInt terra ms cor tmards by the entirety, in either event
each of the co joint Icn ants +mr tenants by Ow entirel, having; Oritical inicinexts
§ 276217. Deposit or removal of Gil arld Mimi pi,otitteils. [Amended 2-11-2008 by L.L.
No. 4-2008; 3-12-2012 by U. Nth 2-20121
A. Ile dqwsil and rvnhwal of CHL including but not limited tra soil, sod. loarn, san(L gravel,
sume or similar materials (hereinafter- relin,ed to coBectively "fi
§ 270-217 ITHACA CODE § 270-217
receipt of a special permit from the Planning Board in accordance with the
procedures set forth in this chapter.
(3) In a Conservation Zone, the deposit or removal of more than 50 cubic yards of fill
on any parcel in any one year 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.
(4) Notwithstanding the foregoing, in any zone, the deposit or removal of more than
five cubic yards of fill on any parcel in any one year in or within 100 feet of a
wetland 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.
D. In applying for such approval, the applicant shall submit to the Director of Public Works
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, wetlands, 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 Planning Board or Director of
Public Works may require to adequately review the proposed project.
E. In those cases requiring a special permit by the Planning Board, the Board shall not act
until the Director of Public Works 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 permit, the Planning Board shall make the same findings as are required
for the opinion of the Director of Public Works. 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. (Reserved)
H. Proposed deposit or removal of less than 250 cubic yards of fill where approval is
required by the Director of Public Works.
(1) Where approval of the Director of Public Works is required, the Director of Public
Works may grant written approval provided that he or she determines, before
issuing the approval, that the proposed plan:
F
270:116 03-01-2012
§ 270-217 ZONING § 270-217
(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 Director of Public Works may impose such reasonable conditions upon the
applicant as the Director of Public Works 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 Director of Public Works.
1. 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
Y than 700 cubic yards and where the total amount of material removed from the
f 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 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) Deposit or removal of fill in connection with construction in accordance with a site
plan approved by the Town Planning Board, provided that such construction occurs
within three years of the final site plan approval. 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 Director of
Public Works and the Planning Board 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 Planning Board in connection with final site plan
270:117 03-01-2012
§ 271217 111 Pr' CA C'ME, § 270019
approval, this excepthmi shall not apply and the appficant shall be required ((,)
Main approval 11w the dejuNit or rnerrKwal of fill relative to such other War
accordalicc Witt) the terins ofthis s�cction,
(4) lkposh or removal (W me nu re Man MO cubic yaMs of AN tm any purd in all
Agricultural Zoilic in any three-year period ill colajllncticqs with one or 11lore borla
fide, agriculluind Hs".
(5) Removal or deposit of 011 0 wnnnectic�n with construction of' roacls and other
flacHities in as Mullis% appnwed hi auonlancc Willi thv mquirenlents ofthe
Fown of' Ithaca planning Board provided, I cvc-
i, that:
0) Plans Rw sitch consawkni Mwiry in suff-wrent (Ictail the proposed rernoval
and/or deposit of !At (Mud0g, %hen renwval from or delmsit on to all
off'-site location is ct.mieniphil0d, a1(]CcIUMC pL'InS Of SLICIII Off-Site IOC adOn
showing the required inforination relative to the disposition or removal of' f-ill
to (w lhmn same) were soh n"i4led to the PlantiNg Howd airaMwmvd by Me
Mellor of Public Works ill conjunctmon w\ith the sub(fivision approwrl, i'�)r
(b) The Planning lbuird expvsdy Nvaived the recli6renient Ol'SUbmission: of'such
drawhTs and the lWal annnna (W 6H N) be either depos4ed or removed Vs less
Own 5M) cubic yards.
274218. LKAMMN on vehicle repair garages and gasoline sales stations.
No part Of any I)Llildilla.�, used as a \/(,,I)icle repair garage or gasoline service Station and Ilk),
Ming pump, htt or odwr savrcc al-)[fliancc shall he erewl wkWn 25 feet (A any msWerice
zone or in any requiral side yard.
§ 270-219. facilities.
A, purpose, I'lic pr"p(Ne of these supplenwi-itai reg"latio"s is w prom ore henhh, salt:, and
file, general well'an-e of the residents of O)c I own of lthaca-, to provide standards for the
saf`e provision of' teleconuilunicalions consrslcnt with, apphcable federal and state
regulations, to mirArvike We kAal number of telecommunications towers in the
community by elianmaging shared use of cNisting land future towers and the use of
existing MH buHdings and other high structwvs and by enanwaging ahenwive
lechMogles tat woWd nil mite the need for multIde towemi and to minimize adverse
visual effects froin lowers by requiring careful siting, visual unpact
assessment, and appropriate Landscaping.
11 Speck! pe"uh, she plan appnnid and var-Mcc. SO 1(.)Ilg 8S teleCOMMUnications facilhies
are deemed, under Now Yoa My to be as utihty, Ideamnlnunkat,ions 11idlitics, rn,, be
constructed anywhere in the Town of Ithaca bill only if the person seeking to erect sanic
shall have (trained as special permit and site Plan approval firorn the planning Board in
acccardarlce with this seokm and the other pirtwisions of this Aapter pnvmhW issuance
of special pernrits and site plan approvals prior to aany construction. 11" the proposed
h6ght of the tekeonummicadons, Cacility exceeds the Imes witted height. ofstructures in the
271118 03 -ear - 201.1
§ 270-219 ZONING § 270-219
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 § 270-2I90 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. 5-20051
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 PIanning
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
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I
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270:118.1 03-01-2012
i
§ 271-7 ZONING: SPECIAL LAND USE DISTRICTS § 271-7
(4) No activities will be conducted in said Special Land Use District which will cause
disturbing noise, odors, or glare to any adjacent landowners.
G. The area encompassed and rezoned in accordance with this section to Special Land Use
District No. 5 is described on Schedule A to this section.16 The Official Zoning Map of
the Town of Ithaca is hereby amended by adding such district at the location described.
H. In the event that any portion of this section is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions shall not be affected by such
declaration of invalidity.
Schedule A
Description of Enlarged Special Land Use District No. 5 [Amended 4-11-1988 by
L.L. No. 4-19881
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of
Tompkins and State of New York, bounded and described as follows:
COMMENCING at a point in the center line of East Shore Drive, State Route 34, at or
near the northeast corner of premises of the City of Ithaca (Liber 204 of Deeds at Page
274) which premises are known generally as the site of the Ithaca Youth Bureau;
running thence northerly and along the center line of East Shore Drive 60 feet to the
southeast corner of lands reputedly of Leo M. Wells (see 379 Deeds 410); continuing
northerly along the center line of East Shore Drive a distance of 79.5 feet to the
northeast corner of said Wells property and also the southeast corner of other premises
reputedly owned by Wells (see Liber 466 of Deeds at Page 230); continuing northerly
along the center line of East Shore Drive 117.3 feet to the northeast corner of said
second Wells parcel; running thence southwesterly and along premises now or formerly
reputedly of Signorelli (590 Deeds 1128) a distance of approximately 223 feet to the
east line of premises now or formerly of the Lehigh Valley Railroad Company; thence
southwesterly along the easterly line of said railroad company a distance of
approximately 141 feet to a point; thence southerly running along the westerly line of
the second Wells parcel described above; the first Wells parcel described above and the
premises now or formerly of Bowman (see Book 585 of Deeds at Page 594) a total
distance of 82.8 feet to a point, which point is the southwest corner of said Bowman
parcel; running thence easterly and in part along the City of Ithaca Youth Bureau site
and in total along the southerly line of said Bowman parcel a total distance of 264 feet
to the east line of East Shore Drive; continuing thence in the same direction a distance
of approximately 33 feet to the center line of East Shore Drive at the point or place of
beginning.
I
16. Editor's Note:Said Schedule A is included at the end or§271-7.
L F
271:19 03-01 -2012
§ 27P8 UNIACA CXMM-, § 27nS
§ 2708. Phmned Development Zone No. 7 (Undled Mixed Usq Ithmicaiv), 17 [R algal
1-13-1994 by I.I. No. 1-1994; amended 3-11-1996 lqLL M 2-1996; 11-7-2002 11 LL
No. 7-2002; 5-7-2007 by L.L. No. 5-2007[
k Section 270-6 or the Ilmn or hhac8 COde includcs in the fist of ficArnissible districts as
district designated as "Special Land (Jsc District No. 7 (Lintited Mxe(l 1."ISC)"', which
district is nmv cmNi,dered and hervarfer rdinvi to as "Planned Dovclorn-nent /onc No.
T"
B I hic uses pcm,nued in Plawwd Dcvelopincra /one No. 7 u,(n jAmended 1-19-2012 by
I.<.L. NUL 1-20121
'(I
(a) Parcel 1 : One muhiple4mily d"cH&g unisisting of al least 40 dwelling
units amJ up to 193 dwdlhg units aggregated v"ith CLAItral diming, kitchell,
a0vPty, adminkixalion, and mainienance areas, and Ofl'CA- I-QlatCd COMInUllit)(
service space. such dwelhn!u, [jejj4jg, illICIrded t:ea IM-OVide
migmgme resIdmial, care, including indcpelldelaassisted-living and nursing
home acconnnodal ions, Each d"cHirig mit in said PmOtipik-f` ribly dwdlhg
nay be omurvied by no umwe than tkw persons, i-cLited or otherwise,
(b) Parcel 2: 1 jr; to I I shWIomy dMachal reddoOKI duptex buddhigs
conl,,r,dning up to 22 dwelling urrAs in the aggregale for the provision or
imlepundam Aing accoinnuxiations. Each dwelhq, unit alay be occupied by
rwo nme than I"o, persons, related or othcrwisic,
(2) Sullect k) speciad approval aml s4c plan approval by tic. Planning Board the
RdOwing ac, e"ory uses are permitted on Vmvel I and Parcel 2,
=Mrmt gat-age or (coking spaces For the resklents of., enipoyees working
at, and visitors to the permitted fiacdilic,s.
(b) One pivilion no,[ cxcceding 1,000 squarc, rect, in size.
(c) Accssory buildhigs such as swrage shedy pavilks 10 sidd4ion to the
pavih(m authorized in Subsection B(2Xb) aboven gazdms, and other sirnilar,
small buildings pl-oOded tat no singde building [other that) the pavilion
pamitted by Slubsection B(2)(b) abovejexeceds rnore than 200 square fact in
sire and pRwWcd Further that the size aincl location of each such building is
approved by the Planning Board,
(d) Common recrealknal arm hw1whiqu, wAkways,, parks, COMITILInily gairdens,
and other similar outdoor recreational facilities.
(e) Any municipal or pubbe utility simems necessary to be pnwhion of utility,
services ror the perrnitted
(f) Signs, as regulated by Cliaptcr 221, Signs, of thea Code ol'Ific Town
17. Etfifin-'s Note:Spec int Im ad I We IMMA I No.6(1 mlian (I"k Me dmmmt(jmmuWQ ad"Wd 3151"9 by I J.No.
2-1989,was relpealedin 1995.
27130 03-gar - 2012
§ 271-8 ZONING: SPECIAL LAND USE DISTRICTS § 271-8
C. Any use in this district shall be governed by all of the requirements, including side yards,
setbacks, building coverage, building height, and similar requirements, of a Medium
Density Residential Zone for Parcel 1, and a High Density Residential Zone for Parcel 2,
except as the same may be specifically modified by the terms of this section. [Amended
1-9-2012 by L.L. No. 1-20121
D. In addition to the requirements and restrictions imposed by the Town of Ithaca Zoning
Ordinance, the area being rezoned to Planned Development Zone No. 7 shall be subject
to the following conditions:
(1) The exterior design, specifications, and plans for all buildings and other
improvements to be constructed on the premises and the development of the
grounds and construction of all outside facilities including lighting and signs shall
have been shown on a final site plan and design drawings approved by the
Planning Board, and any construction thereafter shall be in accordance with said
site plan and drawings as finally approved. In determining whether or not to
approve the site plan, the Planning Board shall employ the same considerations as
it would employ in approving the site plan pursuant to Article XXIII and
§ 270-236 of the Town of Ithaca Zoning Ordinance.
(2) Building permits shall be required for any construction, including construction of
signs and outdoor lighting facilities. Such permits shall not be issued until the
Planning Board has approved the design and specifications for such proposed
construction.
r (3) Notwithstanding any provision of the Town of Ithaca Zoning Ordinance to the
contrary, in Planned Development Zone No. 7, no building shall be erected,
i altered, or extended to exceed 37 feet in height from the lowest interior grade or
30 feet in height from the lowest exterior grade, whichever is lower, except,
however, that the one multifamily dwelling permitted pursuant to Subsection B(l)
above may exceed said height limitations, provided such building is constructed
substantially in accordance with the elevations and plans numbered SK-LIJ
(Preliminary Site Plan - Alternative B.3), L-4 (Planting & Materials Plan), L-5
(Trail Plan), L-6 and L-7 (Details), and A-611 (Elevations), prepared by L.-Robert
Kimball & Associates and dated January 30, 1996 (hereinafter collectively referred
to as the "January 30, 1996, Site Plan"), and elevations and plans numbered C1.1
(Site Plan), C1.2 (Site Grading Plan), C1.8 (Viewshed Section and Elevation
Studies), and A2.1, A2.2, and A2.3 (Exterior Elevations), prepared by Schopfer
Architects LLP and dated October 16, 2006, revised February 8, 2007, copies of
which are on file with the Town of Ithaca Planning Department. The heights
shown on said plans shall constitute the maximum heights permitted for such
building. Notwithstanding the foregoing, under no circumstances shall the highest
point on the building exceed an elevation of 988.56 feet above mean sea level. No
structure other than a building shall be erected, altered, or extended to exceed 30
feet in height. [Amended 1-9-2012 by L.L. No. 1-20121
(4) Except as specifically provided for herein any construction for which a permit is
granted shall comply with all applicable laws, codes, ordinances, rules and
regulations.
271:21 03-01 -2012
§ 271-8 ITHACA CODE § 271-8
(5) Each dwelling unit in this Planned Development Zone No. 7 shall be occupied by
at least one adult requiring supportive services provided by the owner. [Amended
1-9-2012 by L.L. No. 1-20121
(6) There shall be no subdivision of Parcel 1 or Parcel 2 contained in Planned
Development Zone No. 7. [Amended 1-9-2012 by L.L. No. 1-20121
(7) There shall be provided at least two parking spaces for every three dwelling units
on Parcel 1, and at least one parking space for every dwelling unit on Parcel 2,
except that the Planning Board may reduce the required number of spaces on
Parcel I by no more than 20% in accordance with the criteria set forth in Chapter
270, § 270-227, of the Town of Ithaca Code. If the Planning Board permits such a
reduction, the Planning Board may impose such reasonable conditions, including
the conditions set forth with respect to reductions of parking spaces in § 270-227
as referenced above, as may, in the judgment of the Planning Board, be necessary
to assure that such reduction will not cause congestion, create undesirable traffic
flows or hazards, or otherwise be adverse to the general welfare of the community.
In any event, unless expressly waived by the Planning Board, such reduction shall
be subject to the same mandatory conditions as are set forth in Chapter 270,
§ 270-227, of the Town of Ithaca Code. [Amended 1-9-2012 by L.L. No. 1-20121
(8) No permits for construction of any of the duplexes shall be issued until water
easements for the benefit of the Town for public water mains running from
presently existing public water mains on Route 96B to the locations of the
proposed distribution points to the duplexes as shown on the final approved site
plan are obtained in a form acceptable to the Town of Ithaca from the owner of the
lands over which said public water mains must run, and the same are recorded in
the Tompkins County Clerk's Office. [Added 1-9-2012 by L.L. No. 1-2012]
E. In accordance with the provisions of the Zoning Ordinance, a final site plan shall be
submitted to and approved by the Town of Ithaca Planning Board before issuance of any
building permits. A site plan that has received final site plan approval may be modified
upon the application of the owner to the Planning Board for such modification. Such
application shall be in accordance with the provisions of this section and the provisions
of the Zoning Ordinance and the procedures applicable to such application shall be the
same as are applicable to an initial application for site plan approval as set forth in the
Zoning Ordinance.
(1) Notwithstanding the foregoing, Planning Board approval of a modification shall
not be required:
(a) If the modification does not involve:
[1] Construction of an addition of more than 1,000 square feet of enclosed
space attached to a residential building whether on one or more stories
(provided such construction is in accordance with the height limitations
and other requirements of this section and the Zoning Ordinance); nor
4
}
271:22 03-01 -2012
§ 271-8 ZONING: SPECIAL LAND USE DISTRICTS § 271-8
[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 existing or
previously approved building; nor
[71 Alteration of traffic flows and access nor a significant increase in the
volume of traffic; nor
[8] A significant (in the judgment of the Director of Planning) change in
the aesthetic appearance of any structure or site plan element including
landscape and lighting details from that presented at the time of the
prior approval; nor
[9] A change in the impacts of the project on surrounding properties, such
as an increase in noise, water runoff, light illumination, or obstructions
to views; nor
[101 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
i [2] Such shift does not directly violate any express conditions (including,
i without limitation, buffer zones, setbacks, etc.) imposed by the Planning
Board in granting prior site plan approval.
(2) The numerical criteria for the exceptions from the requirement of obtaining
Planning Board approval are an aggregate maximum [i.e., if a 700 square foot
addition is constructed without obtaining Planning Board approval pursuant to
Subsection E(l)(a)[11 above, construction of a second addition larger than 300
square feet would require Planning Board approval of a modified site plan].
(3) This waiver of the requirement of Planning Board approval is not intended to
permit construction in violation of any other provision of this section nor of the
271:23 03-01 -2012
§ 27n8 FFHACA UHH', § 27V8
Zoning (Adhance including height, sobac" Ode yank and sAdNr regulation, wr
dre rctruh-cmets to olmain as building pow-rit in those circirinslanceS When olhcrwise
rC(ILlived by the terms ofthis section, the, /oning Ordimancc or the Building Gode.
(4) A denrolilion, or as proposed demolithn, of an eximing bu=g, or of J)T-COOUSIw;
apprcwcd 11UHtfing, on, as 1weviousl appiwai site lWan, is as rruxlificmbn oF as she
plan sllh�ject to t he m-Ins of this section.
I . 11, areas klemilld and described as Parcel I an(] Parcel 2, that are cricornpasscd and
rezoned in accordmwe with this section to Planned F)c%e.1opn1cIrt /one Ncy 7 are
describul on Schelde A m to dais mion The Official /oning Map 4 the Unvn of
filunca is hereby amonled by addkg such dimrict at the locations described. [Aawnded
1-9-2012 by L.L. No. 1-20121
U Aig vivia6ons of Ow wins of Gs section shall comth.rile a violation of' the town of
Ithaca Zoning Ordinmwe and shall be puWABble as set lbrth in sa4l ordinance and in
§ 268 of he 17own lat" of Ow Yale dial" New Vork. Each wceWs continued viol,,,Ition shall
consthute as separate M`fense. No1wHhqan&ng the f6regoing, the '[ow'n reserves kv itself.,
its agancivs and all odwr pannis having airs into'est, all rernedies and rij:;hts to enforce
than provisions or this seclixon includ1g, without Ihnim0my adhns Rw any irtmolm or
other equitable remedy, tw aahm and damages, W the event the, owner of the parcel
swewd by this section Wis U) courply wills any, of the provisions hcrcof.
R In the event 14H any ponkn 4 this section is decLared invalid by as Court of Competent
Jurisdiction, the validity of the rerriailuing I)OFtiOnS shalt TW)t bC IftedCd hSUCII
declaration of invah(14N,
Scheduk A
Descripdon orl'troperty, Knoll as
Planned Developtnent Zone No. 7
Parcel I jAme"ded 1-9-2012 by L.L. No. 1-20121
All1`f1 1` TRACT OR PARCH. OF LAND sRuale in the I own of Ithaca, Couirty
of-rompkins. Stme or New Wt Nmnkd and desuRwd as kdbws;
H1iUNNIN6 at an kwi pin set at the imasection of"the wcsicrly l6ghway line of the
State ol"New York as approprialcd for be Ithaw-Danby State Ilighway No. 5043 ,,nId
delineated on Map 15 [OW 22 and recorded in the Tompkins C(,bunly C'Icrk's Off-Ice
with the amber, Ike of Ws rWuwdy of John M. Kelly as describe(,] in Liber 693
of Deeds at I'age 255, saki On bening Kmod as papendicular dkwnu Ihmi le presaft
canter line of the Danby Road, State I Ijhway Route No. 9613 of I 10,0 feet and is
Icer m&d 7.7 feet northerly hvin a granitC highWay IMAIL111101t t"Mind;
M KdATN Note: Said Schedule A is included at IN and 0§NI-8.
27124 03 -01 2012
§ 271-8 ZONING: SPECIAL LAND USE DISTRICTS § 271-8
Running thence westerly an average bearing of north 83 degrees 26 minutes 05
seconds west along the northerly line of lands reputedly of Kelly, reputedly of Payne
as described in Liber 340 of Deeds at Page 365 and Liber 368 of Deeds at Page 371,
and continuing along the lands reputedly of Cofer as described in Liber 611 of Deeds
at Page 160, for a distance of 1,434.92 feet to an iron pipe found, said iron pipe marks
the northeasterly corner of lands reputedly of Turk as described in Liber 458 of Deeds
at Page 522;
Running thence north an average bearing of north 04 degrees 26 minutes 55 seconds
east along the easterly line of lands reputedly of Berggren as described in Liber 624 of
Deeds at Page 79 and continuing along lands reputedly of Puerta as described in Liber
577 of Deeds at Page 613 and continuing along the lands reputedly of Goodloe as
described in Liber 656 of Deeds at Page 590, for a distance of 714.42 feet to an
existing iron pipe, said iron pipe marks the northeasterly corner of lands of Goodloe;
Running thence north 89 degrees 57 minutes 24 seconds east along a proposed new
division line through the lands of Ithaca College for a distance of 1,375.48 feet to an
iron pin set;
Running thence south 78 degrees 28 minutes 05 seconds east and continuing through
the lands of Ithaca College for a distance of 230.0 feet to an iron pin set in the
westerly highway line of New York State Route 96B, Danby Road;
Running thence south I1 degrees 31 minutes 55 seconds west along the westerly
highway line of New York State Route 96B, the Danby Road for a distance of 525.,0
feet to an iron pin set, said iron pin marks the northeasterly corner of the scenic
overview area as appropriated by the State of New York;
Running thence north 78 degrees 33 minutes 31 seconds west along the northerly line
of the scenic overview area for a distance of 60.0 feet to an iron pin set;
Running thence south 1 I degrees 30 minutes 40 seconds west along the westerly line
of the scenic overview area for a distance of 335.64 feet to an iron pin set, the point
and place of beginning.
Said parcel contains 28.010 acres of land to the highway line.
' Parcel 2
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County
of Tompkins and State of New York bounded and described as follows:
BEGINNING at an iron pin set in the westerly line of NYS Route 96B (a/k/a Danby
Road) said pin being 36.4* feet westerly from a point in the center line of NYS
Route 96B (a/k/a Danby Road) which point is 181E feet north of the intersection of
the center line of NYS Route 96B (a/k/a Danby Road) with the center line of Vista
Lane; proceeding
Thence north 83 degrees I I feet 07 inches west along the northerly line of premises
reputedly now or formerly of L. Martin Bowman (Liber 784 of Deeds at Page 149) a
distance of 590.32 feet to an existing iron pipe; proceeding
271:25 03-01 -2012
§ 271-8 ITHACA CODE § 271-9
Thence north 84 degrees 50 feet 38 inches west along the northerly line of premises
reputedly now or formerly of Margaret M. Rumsey (Liber 619 of Deeds at Page 147)
a distance of 249.72 feet to an existing iron pipe; proceeding
Thence north 05 degrees 51 feet 08 inches east along the easterly line of premises
reputedly now or formerly of Robert E. Cofer III (Liber 611 of Deeds at Page 160) a
distance of 426.47 feet to an existing iron pipe; proceeding
Thence south 83 degrees 26 feet 05 inches east along a southerly line of premises
now or formerly of Ithacare Center Service Co. (Liber 794 of Deeds at Page 235) a
distance of 507.20 feet to an existing iron pipe;
Thence south 1 I degrees 37 feet 53 inches west along the westerly line of premises
reputedly now or formerly of John M. Kelly (Liber 693 of Deeds at Page 255) a
distance of 140.0 feet to a set iron pin and passing through an iron pipe at 99.81 feet;
proceeding
Thence south 83 degrees 26 feet 05 inches east along the south line of said Kelly
premises a distance of 153.92 feet to a set iron pin; proceeding
Thence south 09 degrees 44 feet 49 inches west along the westerly line of premises
marked as Parcel B on the survey map referenced below a distance of 207.82 feet to
a set iron pin; proceeding
Thence south 83 degrees 1 1 feet 07 inches east along the southerly line of said Parcel
B a distance of 212.22 feet to an iron pin set in the westerly highway line of NYS
Route 96B (a/k/a Danby Road); proceeding
Thence south 09 degrees 44 feet 49 inches west along the westerly highway line of
NYS Route 96B (a/k/a Danby Road) a distance of 75.10 feet to the iron pin set at the
point or place of beginning, containing 6.101 acres of land.
Reference is hereby made to a survey map incorporated herein by reference entitled
inches "Subdivision Map, No. 1006 Danby Road, Town of Ithaca, Tompkins County,
New York" dated March 28, 2000, said map was filed in the Tompkins County CIerk
facts Office on September 25, 2000 in Map Drawer PP Page 77. The above described
parcel is shown as Parcel A on said survey map.
§ 271-9. Special Land Use District No. 8 (Limited Mixed Use, EcoVillage). [Adopted
1-30-1995 by L.L. No. 1-19951
A. Findings.
(1) The Town of Ithaca's Comprehensive PIan encourages the development of
environmentally sound housing communities; and
(2) A group, now known as First Residents Group, is in the process of forming a
Cooperative Housing Corporation under the laws of the State of New York to be
named EcoVillage Co-Housing Cooperative for the purpose of developing and
owning such housing; and
(3) EcoVillage at Ithaca, another entity, has agreed to sell approximately 33 acres to
the First Residents Group or its successor cooperative, contingent upon the
271:26 03-01 -2012
§ 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9
? rezoning provided by this section and receipt of all other requisite approvals by the
t Town of Ithaca and Tompkins County; and
(4) The proposed project will:
(a) Contribute to the variety of housing styles and patterns of development
available in the Town;
(b) Develop and model a neighborhood design for pedestrians, with minimal
traffic, attractive landscaping, and safe play areas for children;
(c) Utilize clustering to create an aesthetic, quiet and safe neighborhood space to
help foster a sense of community;
(d) Utilize interior acreage for housing, which will allow preservation of better
agricultural soils, avoid strip-type residential development along roadways,
create a safer environment, preserve existing rural character and existing
views along roadways;
(e) Demonstrate the manner in which housing may be developed to conserve
energy and water, by utilizing passive solar designs, super-insulation, careful
landscaping for wind protection and low-flow water devices;
(f) Demonstrate how housing may be developed which conserves energy by
building smaller individual dwellings and concentrating otherwise-duplicated,
energy-consuming spaces into a community center or "common house";
z
(g) Demonstrate how meaningful open space may be preserved in conjunction
with construction of new housing at ordinarily-permitted densities.
B. Purpose. It is the purpose and intent of this section to allow, by creation of a Special
Land Use District, an opportunity for the implementation of the foregoing goals and
' objectives in an environmentally and ecologically sound manner.
C. Amendments to Zoning Ordinance. The Zoning Ordinance of the Town of Ithaca, as
readopted, amended and revised, effective February 26, 1968, and thereafter further
amended, be further amended as follows:
(1) Addition of Special Land Use District No. 8. Article 11, Section 2, of the Town of
Ithaca Zoning Ordinance19 is amended by adding to the permissible districts
itemized in said section a district designated as "Special Land Use District No. 8."
D. Principal use regulations. In Special Land Use District No. 8 (the "SLUD") the following
areas, as shown on document "EcoVillage Site Usage Areas 1998" on file with the Town
of Ithaca Planning Department, are defined with their permitted uses: [Amended
9-10-2001 by L.L. No. 4-20011
19. Editor's Nate: Numbering revers to the Zoning Ordinance as it existed in 1995,when this section is-as adopted.See
now§270-6.
271:26.1 03-01-2012
27k9 F F I I AC A 0)1)k § 27n9
L Natural Area: This ama is a pcmianenj preserved namQ (Men Mmce %Ah the
RAKWOg pemlitted ljses: foresl, natural succession, 1(,west In"Inagentolt including
Kgging in acctw&wce w4 goW Grest inanagenrent practices, no 1nore than one
retreat cabin not cxuelng 5M) sWnirc NO in Poor area (unless up to two
WNW WIN are audswi/ccl by the Planning Board), outdoor arcas for
aquacultUrC, COnSO-OCIC(l Wetland or othcr Nvatcr cleansn-ig dernonstration prawjecls,
an au&HMY Ladity building, pudmis, walking trails, and other suirilar
ncm-harusive qws of uses. Structures other than related to (he abovC arc
prohibited in the Natural area, For 14; purque or this section,
fucauS use 01' POIWS Aw ag&uhural procluction W dernonsliAte how nroural
eemyntems can p"Muce edildc phs-as, I& THITI other aquatic species, 17iw dolnestic
aM1c()1JMrCrcL1l conslarlpliorl.
It. AgricWtund Area: PorrOwd uses AM irwlude all pAw"al and acceway
agricultuml uses (except residential uses) Set 1`01-111 [WIONN, eXCCpt as the S,1MC 11141i°`
be hmiWd by od-rer reStriCtiolIS p[aCC(1 UpOrl the kind by [-,,COVd1a,9,C Of IIIC.
271 QW2 03 -Or - 20 12
1)1.1 1A51"OSITION HST § 1.)L-1
Local Adojoion
La,w No. Date Subject Disposition
240MB 12412009 Sewa reins arriendment Ch. 210
25-20M 12-12009 SubdiVision ofland arnendnicni Ch. 234
26-20(1() 12-7-2fK)9 Water fraws annoWmem (1, 2W
27-20(11) 12-7-2009 Zoning amendment CA. 270
1-2010 1-11-2010 Zoning amendment U1. 270
2-20101 �l-12-2010 Vchbles and Win parkirfg; M 251 An. III
stol) and yield intersections
vurfmchnent
3-2010 4-12-2010 Buddiang cmmowokm anti Ow M BY 23; 221270
pmmablif amendfive SQM,
arriendmerft, sprinkler sysicins
innendment: /oning auncrralrwient
4-2010 7-12-2010 %reds and Oc"Alks: excavmion Ch. 231 Am. I
and conormion hi rnwhetal
road%ays and Idorway
QNs-oPmay
50010 W20 10 Adoption of' ernploee retirernelit NCNI
incentive, Part A
6-2010 1 1-8-2010 Zoning: special land use districtsr (,'It. 271
amermli-nent
7-2010-------12-13-2010 AnWah: (log wrlmd and Cil, 112, An. I
licensing arnendment
1-2011 4-11-2011 Zoning arnelubneno rain g:: Ob. 271 271
special land use districts
anwndment
,2011 1-1 I-M l Zoning a file]ldrilent 0. 270
42011 4-11-2011, l Zonkg amcruhnem M 270
4-2011 5-9-2011 Records or repealer Ch. 65, :01rence wily
5-21:111 0-13-2011, 1 Properly maintenance M 2.015
6-2011 41300H Ming ameminwirl M 270
12011 7-161011 Zoning: special land use dkiricts Ch. 271
amendment
&2011 7-11-201 l Vehicles and trziffic: parking, C'h1 250, Art, III
slop and Yield jillersections
arnendrilent
9-2011 7-1100 H Mormoirium NC NM
10-201 1 T,1 1-20 1 t Zoning anlendment C.'/r. 270
114011 802011 Yining amenodfilem nmhW: Ch. 2W1; 271
special land use districts
arnendincm
DIS 03 -01 . 21112
§ DL-1 ITHACA CODE § DL-1
Local Adoption
Law No. Date Subject Disposition
12-2011 10-6-2011 Tax levy limit override 2012 NCM
13-2011 10-17-2011 Vehicles and traffic: parking; Ch. 250, Art. III
stop and yield intersections
amendment
14-2011 11-7-2011 Code of Ethics Ch. 32
15-2011 11-7-2011 Zoning Map amendment NCM
1-2012 1-23-2012 Zoning: special land use districts Ch. 271
amendment
2-2012 3-12-2012 Zoning amendment Ch. 270
3-2012 3-12-2012 Zoning amendment Ch. 270
DL:6 03-01 -2012
GENERAL CODE
INSTRUCTIONS
Town of Ithaca Code Supplement No.27
The enclosed new and/or replacement pages should be placed in your Code volume immediate-
ly! The dateline, on the bottom of the page, does not indicate the adoption date of the Code
changes, but rather identifies the pages printed with this supplement.This instruction page should
be placed in the front of your Code volume.
REMOVE INSERT
270:5–270:6 270:5–270:6
270:6.1 270.6.1
270:9–270:10 270:9–270:10
270:10.1
270:15–270:16 270:15–270:16
270:16.1
270:19–270:20 270:19–270:20
270:20.1
270:126.15–270:126.16 270:126.15–270:126.16
270:127–270:128 270:127–270:128
270:128.1 –270:128.3 270:128.1 –270:128.14
s — 270 Attachment 1:1- 1:2
271:3–271:6 271:3–271:6 r
271:17–271:20 271:17–271:20
DL:5–DL:6 DL:5–DL:6
Index Pages 1 –27 Index Pages 1 –28
' Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 4-2012; 5-
2012; 8-2012.
06-01-2012
ZONING
§ 270-166. Minimuni usable, open § 270-187. Waiver of requirenwnts.
space. § 270-188. Considerations for approval.
§ 270-167. Size and area of lot. § 270-189. Limitations on construction.
§ 270-168. Parking. § 270-190. Reservation of parkland on
§ 270-169, Additional special site plans containing
requirements. residential units.
§ 27#1-1.7#I. Perfornumce standards. § 270-191. Modifications of site plans.
§ 270-171. Site plan approval. § 270-192. Letter of credit.
§ 270-193. Completion of
A R14CLE XXI improvements.
Planned Development Zones § 270-194. Expiration of site plan
§ 27f1-172. purpose. approval.
§ 270-173. Establishment and location. AR"FICLE XXIV
§ 270-174. Permitted principal and Special Permits and Special Approvals
accessory Uses.
§ 270-175. Additional requirements. § 270-195. Purpose.
§ 270-176. Minimum area lbr Planned § 270-1916. Requireinent preceding
Developnwnt Zone. issuance of building permit
§ 270-177. Yard and other regulations. or certificate of occupancy.
§ 270-178. Site plan approval. § 270-197- Applicability.
§ 270-198. Procedure.
ARTICLE XXII § 270-199. Waiver of requirements.
Procedures for Creation of New Zones § 270-200. Consideratioms for approval.
§ 270-179. Zones, to which applicable. 270-201. Modifications of special
permits or special approvals.
§ 270-180. General provisions. § 270-202. Expiration of'special permit
§ 270-181. procedures for creation ofa or special approval.
Zone.
A RTI CI,If X X V
ARTICI,E XXIII Nonconforming I Ises
Site Plan Reviem, and Approval
Procedures § 270-203. Nonconfortning lots of
record.,
§ 270-182. Purpose. § 270-204. Nonconforming uses of hand.
§ 270-183. Site plan require(] prior to § 270-205. Nonconforming structures.
building peroccupancymit or § 270-206. Nonconforming uses of
certificate of .
§ 270-184. Applicastructures.
bility. § 270-207. Interruption of
§ 270-185. Procedure. nonconforming use.
§ 270-186. Site plan requirements.
27Q5 00-(01 - 2012
ITHACA CODE
§ 270-208. Dwellings on nonconforming § 270-222. Porches and carports.
lots. § 270-223. Fences and walls; retaining `
§ 270-209. Continuation of walls.
construction.
§ 270-223.1. Terraces, steps, and
§ 270-210. Alterations in use. unroofed structures.
§ 270-211. Restoration. § 270-224. Projections in yards.
§ 270-212. Board of Appeals § 270-225. Reduction of lot area.
determination. § 270-226. More than one building on a
§ 270-213. Variance criteria. lot.
§ 270-214. Amortization of certain § 270-227. Parking facilities.
nonconforming uses relating § 270-228. Approval of County Health
to pre-1991 residential Department.
occupancies.
§ 270-2141. Nonconforming farms in § 270-229. Abandoned cellar holes and
buildings.
Medium Density Residential
Zones. § 270-230. Agricultural lands in
County Agricultural
Districts.
ARTICLE XXVI
Special Regulations § 270-230.1. Compliance with property
maintenance requirements.
§ 270-215. Mobile homes and trailers.
§ 270-216. Elder cottages. ARTICLE XXVIII r
Administration
§ 270.217. Deposit or removal of fill
and related products. § 270-231. Enforcement.
§ 270.218. Limitations on vehicle § 270-232. Applications for approvals,
repair garages and gasoline remedies or relief.
Sales stations.
§ 270-233. Permit to build.
§ 270-219. Telecommunications
facilities. § 270-234. Certificate of occupancy.
§ 270-219.1. Solar collectors and § 270-235. Zoning Board of Appeals.
installations. § 270-236. Planning Board.
§ 270-219.2. Limitations on home § 270-237. Posting of notices.
occupations. § 270-238. Entry and inspection.
§ 270-219.3. Amateur radio facilities. § 270-239. Violations and penalties.
§ 270-219.4. Small wind energy facilities. § 270-240. Amendments.
§ 270-219.5. Stream setback. § 270-241. Validity.
ARTICLE XXVII § 270-242. Existing Zoning Ordinance
amended, readopted and
General Provisions reenacted.
§ 270-220. Building floor area. § 270-243. Fees.
§ 270-221. Side yard on corner lot. f
270:6 06-01-2012
ZONING
§ 270-244. Effective clate. AppendixA: Stream
§ 270-245. Transition provisions. Setback Law
[HISTORY: Adopted by the Town Board of the ']'own of Ithaca 12-8-2003 by L.L. No.
7-2003. Amendments noted where applicable.]
270.61
§ 270-5 ZONING § 270-5
r (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.
AGRICULTURAL ACTIVITY — The production of agricultural products, such as crops,
livestock, poultry and dairy goods, and the preparation or marketing of such products
produced, or derived from products produced, predominantly on site. Agricultural activity
shall also include practices that allow land used for agricultural activity to lie fallow for a
period not exceeding five consecutive years. [Added 5-7-2012 by L.L. No. 8-20121
ALTERATION—
A. As applied to a building or structure:
r'
270:4 06-01-2012
§ 270-5 ITI I ACA C I ODF'I § 270-5
I All enlargernerit by increasing in height or by extencling on a si(le, firont, or back,
(2) Moving from one Ifocatioll Or position to anoilier;
(3) Any change, adclition, or removal of' the sil-LICtUtUl parts; or
(4l Any change, a(kinion, or renioval of partitions, or any change in Nvalls, ceiling,
windows, or doors.
B. The tenni "ALTER," in its various modes and Lenses and its participial 1"ort-ii, refers tar the
jtiakirq,m, of an alteration,
A M ATE t 1R RADIO FACILITIFIS — StrLICILINS an(l cquipment used by aamaateur radio
operalors vvho are licensed by the Federal Con-nimnications, I'll ss loll, including anternias,
towers, rotors, mounts, guy wires an(] anchors, but this term shall not include ni(Alfle
e(ILlipMent that is contained in as car or other motor vehicle or is completely portable and not
affixed in any manner to really (the exception for inobile eqUipirient does not extend to any
antennas attached, directly or Indirectly, such as on a rower or other sti-LICtUrC, to really or to
other filCllidCS LISC(I ill C0111leCtion with such mobile equipment), jAdded 8-13-2007 by L.L.
No. 7-,20071
BANKIFULL - ]'lie conthtion where StrCdInflOW JUSI fills, as stream channel up to the top of
the, bank and at as Point where the water begins to) flow, over its bank. [Added 5-7-20F12 by
L.L. No. 8-2012]
BASEMENT That portion of' an building that is partly or completely below grade and is
not considered as "story above gracle," as that terra is clefinet] in this sectio n. [Amended
10-19-2(H,)9 by LL No. 13-20O9�
BED-AND-BREAKFAs'r A, building orig,,inally built an(I use(I as to dwelling other than at
hotel or motel in which accornitiodations for transients are reglIkIrly offered for compensation
and which accornmodati(ms include provision of at least one meal, and in which bUilding no
morc than four be(lrooms are Utilized for such accommo(kitions,
BIOLOGICAL CORRIDOR ---- A waterway or a substantially undeveloped stretch of land
consisting of vegetation that serves to fiacilitate wildlife moveirtent between li,ahital areas.
Biological corri(fors may cross more than one parcel of land. [Added 3-12-2012 by L.L.
No. 3-,20121
BOAT - - A vehicle designecl for travel in or oil water. jAdded 7-13-21)09 by L.L. No.
10-20091
BOAT I-a^' UNCIVRAMP --- F"acility 10 1,aILIIICII and retrieve boats. jAdded 7-13-2009 by
L.L. No. 10-20091
BOAT LIFUBOAT HOIST Any mechanical device used to raise or lift as boat out 01' the
water- for watersicle storage or storage above (lie waarcrs surface, [Added 743-2009 by L.L.
No. 10-20091
BUII-DING — A structure having a I-OOf SUI)ported by columns or by walls and intended for
shelter, [IOUSing, 111-0feCtiOn Or CI)CIOSLII-C of' persons, WflITIAS Or property,
270:10 06-01 -2012
§ 270-5 ZONING § 270-5
BUILDIN(.3, ACCESSORO --- A deladled htlildirl� SUbordinale and clearly incidental to the
principal bUildifIg 011 the same lot and used Im purposes cusumnarily, Incidental to those ol'the
principal building,
BUILDIN ' AREA -- The total areas taken on a horizontal plane at [tie main gradc level of
the principal bL]il(iiflg ratacl Al accessory huildings exclusive of'uncovered porches, terraces and
Steps.
270-1 1 O,l 06.00 - 2012
§ 270-5 ZONING § 270-5
Ff"NCE or WALL -- Any human-ilmde structure, inClUding as gate that is part of time
StrUCtUR', that is designed to enclose hind, divide land, mark, a boundary, limit access to or
direct passage across land, sciecir strUCtUreS or land, Protect against ,r potential hazard, or
serve as decorzilive purpose. A freestanding arch or arbor shall not Ile, consideret.1 as fence or
wall even it' 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. 114-20091
FLASHING SIGN — Any illuminated sign on which the artificial light is not rnaintained
stationary and/or constant in intensity and color al all times.
FMIEST RESOURCE The various tyJVS 01' VCget!10011 typiCAly I'Murd in as forest,
inclucfing trees, logs, saplings, brush, grass and o1her botanical forest products, [Added
7-11-20,11 by L.L. No. 10-20111
GARAC31', -- A covered building used primarily for storage of autornobiles in(] other similar
inotor 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 tire 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 Iflarre shall be the average ofthe lowest pcints within the area between
the building and a perirrieter six feet 1'1'0111 the building. (Added 10-19-2009 by L.L. No.
13-20091
GROUP 1=,AMILY DAY-CARE HOME -- A facility, home, or other establishment defined
as, as group family day-care horne in § 390 of the Social Scrvices Law, licenscd by the New
York State Department of Social Services oi by the "I'mupkins County Department of Social
Services, at which day (,,are is provided for hire for generally seven to 14 childi'm and is
operated in accordance with the st-ate and County reguhations governing operations of' a gi-oup
f'aaniily day-care horne.
HEIGHT -- As if relates to a land-based structure 0thCJ- than a building, the distance
measured lroixi the lowest level or portion of tile structure (slab or hase) in contact with the
ground surface to the highest point at the top of' the structure. As it relates to as structure built
over or floating upon water, the vertical distance measured front the ordinary high water level
to the highest portion of the SO-LICAL11'e. {Ai mer '7-13-20,09 by LL. No. 10-20091
HEIGH'r I' FROM I-OWEST' INTERIOR GRADE, — As it relates to a building, the vertical
distance measured from the SLIT-face ofthc lowest level, (floor ofa crawl space,, basement floor,
slab, or other floor, even if below exterior grade level) i I ,C
Will] the grOUnd SUJ-f'aCe to
the highest point of' the roof', excluding chimircys, antennae, and other similar protutlerances.
When the measurement of ])eight from the lowest interior grade is made from the floor of' as
ccliar the maxinium permissible height from lowest interior grade shall he increased by fora-
feet. This 1.)ermitted increase shall not apply when the meamirernent is front any other ffix)r,
including as basernent floor, shah or other floor.
HEIGHT FROM LONVEST EVITRIOR GRADE -- As it relates to a building, the, vertical
distance from the lowest point of the exterior finished grade adjacent to time wall of' the
270,15 06 -01' -2012
§ 270-5 ITHACA CODE § 270-5
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. [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.
IMPERVIOUS SURFACE — Any paved, hardened or structural surface which does not
allow infiltration of water. Such surfaces include, but are not limited to, impervious streets,
driveways, parking lots, and tennis courts, buildings, and swimming pools. [Added
5-7-2012 by L.L. No. 8-20121
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.
270:16 06-01-2012
§ 270-5 ZONING § 270-5
f LOT LINE -- A property boundary of a lot, except where the property boundary is the
rf 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
1 f
270:16.1 06-01-2012
§ 270-5 ZONING § 270-5
safety training on the hazards involved. Persons who are on the list of' eligible photovoltaic
installers maintained by the New York State 11"nergy Research and Development Authority
(NY SERDA), or who are certified as a sokir installer by the North American Board of'
Cernfied Energy Practitioners (NA13CIET), shall I)e deemed to be qualified solar insrallers for
the, purposes of this definition. Persons ",[to are not on NYSERDA's hst of eligible installers
or NABCEP's list of certified installcrs may be (Jeerned to be qualified solar installers if the
Town delerrilines such Pei-sons have had adequate training to determine tile degree and extent
of the hazard and the personal protective equipment and jot) Planning necessary to perforril tile
installation safely. Such trainfilg Shall iflClUde the proper use of' special Precautionary
(CC,hinClUes and personal Protective equipment, as well as the skills and techrliClUes necessary
to distinguishexposed energized parts from other Parts of electrical eqUipment and to
determine the no voltage of' exposed live parts, [Added 10-116-206 by L.L. No.
11-2006]
QUALIFIED WIND INSTAIATR --- A person who has skills and knowledge
relatd.xl to the cons(rUCti On and operation of will(] energy equilmnent and installations and has
received safety training oil the lia/ards involveol. Persons, who are on tile list of efigible wind
installers rnaintained by the New York State Energy Research and Development Authority
(NYSE'RDA) shall be oleenic-A toy be qualified wind energy installers. Persons who are not on
NYSE.RDA's list of eligible wind energy Installers tnay be dMIled ClUalified win(,] energy
litstallers it the Town determines such persons have had adequate training to determine the
degree and extent of' the hazard and the, personal Protective cxluipment and job planning
necessary to perform the installation Safe]y', Such training shall include the Proper use of'
specia.al preca tit ionary techniques and Personal plOteCtive equipment, as well as the skills and
techniques necessary to safely install wind energy comPonerits such as lowers, invetrcrs, Ind
electrical wiring, to distinguish exposed eriergi/.ed parts front other parts of electrical
equipment, and to determine the noinimal voltage of exposed live parts. [Added 8-11-2008
by L.L. No. 13-20081
RE'rAINING WALL , A 11111lian-madc, vertical or inclincd structure designed toy restrict tile
movement of soil, fill iolaterial, or water, stabilize soil or fill material, retarol erosion, or
terrace as parcel or site. [Added 11-9-2009 by 1-L. No. 14-2009]
RIPARIAN AREA — Ali area at]'jaccrit to a strearn that typically contains trees, shrubs, and
other grOUF1d covers. [Added 5-7-2012 by LL No. 8-2111121
SEA WALL — A wall or embankment designed to halt file encroachment of a water body,
[:added 7-13-2009 by LL. No. 10-20091
SH.,ulcrION TREE ('T,rI1f,INC; ---- A forestry practice used to create or maintain
uneven-,:aged stands of' trees by Periodic removal of individual trees. JAdded 5-7-2012 by
LL No. 8-20121
S11J)R Article 8 of the New York State FInvironmerital Conservation Law, or any sintilar
SUCCCSSOr SUuklte, together with any state regulations (presently 6 NYCRR Part 617) anal local
regulations PrOlMlIg'Zited UICI-CLURICT',
SH(WELINIi' The mean high-water elevation of'Cayuga Lake along (lie: shore.
2701:19 06 -(it - 2012
§ 270-5 ITHACA CODE § 270-5
SLOPE — The increase in elevation per unit of horizontal distance, expressed as a
percentage. [Added 5-7-2012 by L.L. No. 8-20121
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. 13-20081
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 Iaying-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. 13-20091
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 Ievel at any point.
STREAM -- A watercourse or surface depression characterized by a defined channel and
stream bed that contain rocks or gravel and where water flows perennially or intermittently;
this does not include man-made stormwater conveyances, such as grassy or rip-rap stabilized
swales, roadside ditches, or stormwater management practices. [Added 5-7-2012 by L.L.
No. 8-20121
270:20 06-01-2012
§ 270-5 ZONING § 270-5
4 STREAM BANK — The sides of the active stream channel, usually marked by a break in
slope. [Added 5-7-2012 by L.L.No. 8-2012]
STREAM SETBACK — An area that extends horizontally landward a specified distance
from each side of a stream bank or from its center line, as set forth in § 270-219.5D.
[Added 5-7-2012 by L.L. No. 8-2012]
STREAM SETBACK MAP— The map, as it may be amended from time to time, showing
applicable minimum stream setbacks (subject to further extensions on a site-specific basis for
streamside wetlands and/or steep slopes) and prepared by the Town of Ithaca PIanning
Department. [Added 5-7-2012 by L.L.No. 8-2012]
STREAMSIDE WETLAND — The area immediately adjacent to a stream that is inundated
or saturated by surface water or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. [Added 5-7-2012 by L.L. No. 8-20121
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
270:20.1 06-01-2012
§ 270-.219.4 ZONING § 270-219.4
wind energy facility. If the landownc-,r 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
administrativc or judicial contest the landowner may PLlt'SUe,, then Such Unpaid
costs, expenses and interest (,at thestatutory interest rate For nioncy judgments in
New York State courts) incurred from the, date of the removal activities shall
constitute as Hen upon the land on which such measures were Undertaken, A legal
action or procceding may be brought to CONO Such COMS, expenses, interest, and
recoverable attorney's fees or to foreclose such lien. As an allcrnative to the
inaintenance of' any such action, the Town may file as certificate with the Tompkins
County DepariffIC.Alt of Assessment stating the costs and expenses incurred and
interest accruing as aloresaid, together with as statement identifying,, file property
and landowner, The Tompkins County Department of' Assessment shall, in the
preparation of tile next assessment roll, assess such unpaid costs, expenses and
interest upon such property. Such amount sliall be included as as special ad valorem
levy (adi-ninistered as a move tax) against such property, shall constitute as lien, and
shall be collected and enforced in the same manner, by the sanie proceedings, at
the same time, and under the same penalties as are provided by law for collection,
and enforceniclit of, real properly taxes in the 'FOW11 Of Ithaca. The assessment of'
such costs, eximises .in(] interest sliall be effective even if the property would
otherwise lie exempt 1rorn real estate taxation.
(5) Any person receiving a notice of' violation or as bill for Town costs and expenses
may appeal to the Town Board by, within 15 days of' receipt of such notice or bill,
defiv,cring to the Town Clerk at the Town offi
§ 270-219.5 ITHACA CODE § 270-219.5
§ 270-219.5. Stream setback. [Added 5-7-2012 by L.L. No. 8-2012]
A. Findings. The Town Board of the Town of Ithaca finds that steady population growth
and land disturbance in the Town have resulted in the continual loss of much of its
natural riparian (streamside) vegetation. Properly vegetated riparian areas provide
numerous benefits, including:
(1) Riparian vegetation lessens the severity of stream bank erosion because the deep
and extensive root systems of the vegetation hold soil in place;
(2) The soil-root complex of the vegetation filters and absorbs various chemicals and
particulates, keeping them out of streams;
(3) At times of heavy rain or flooding, vegetation slows water runoff velocity to
maintain the streambed and stream bank and lessens the effects of flooding;
(4) By slowing runoff velocity, riparian vegetation allows recharging of the
groundwater;
(5) By reducing the amount of particulates and chemicals in streams that enter Cayuga
Lake, vegetated riparian areas are a cost-effective way to maintain the quality of
this important drinking water source for the Town;
(6) Undisturbed riparian areas provide the space needed to accommodate the natural
meandering of stream channels;
(7) Vegetated riparian areas provide important habitat for birds and other wildlife and r
r
they improve the environment for aquatic species by stabilizing water temperatures
and reducing levels of sediment and pollutants. These benefits are better realized if
nonnative invasive plant species are not present, as these plants tend to crowd out
native plant species, eliminating plant diversity and providing less food, cover, and
shade for those fish and wildlife species that depend on vegetated riparian areas;
and
(8) Vegetated riparian areas enhance the natural beauty of streams and preserve scenic
values and recreational opportunities.
B. Purpose and objectives. The purpose of this section is to promote the public health,
safety and general welfare by establishing requirements for stream setbacks to protect
streams, other water resources, property, and riparian ecosystems within the jurisdiction
of the Town of Ithaca. The objectives of this section are to:
(1) Regulate activities that harm streams and native riparian vegetation, so that the
benefits provided by such vegetation are not lost;
(2) Reduce the amount of sediment, organic matter, pesticides, and pollutants entering
streams;
(3) Protect public and private property from losses due to flood damage and erosion;
(4) Ensure land use proposals are compatible with the above purposes and specify land
use in areas where standard zoning practices are not adequate;
270:126.16 06-01-2012
§ 270-219.5 ZONING § 270-219.5
(5) Allow reasonable use of land that is consistent with responsible land management
and that will conserve and protect streams, riparian, vegetation, and streamside
wetlands to the extent practicable;
(6) Recognize the legitimate interests of landowners to make reasonable use of water
resources, and otherwise engage in the use of land for certain agricultural
activities;
(7) Minimize expenditure of public money to reduce stream erosion and siltation; and
(8) Protect the right of the public to full enjoyment of the recreational opportunities
offered by the Town's streams and by Cayuga Lake.
C. Applicability.
(1) The requirements in this § 270-219.5 apply in all zoning districts in the Town. To
the extent they impose more restrictive requirements than those in the underlying
districts, the requirements of this section apply.
(2) This section shall apply as follows:
(a) For parcels that are 0.5 acre or less as of the effective date of this section and
contain a stream (or portion thereof) described in Subsection D(1) below, the
provisions in § 270-219.5(D)(1), (4), (5), and (12) through (15), E(13)(a) and
(b), H and I shall apply.
(b) For parcels that are greater than 0.5 acre as of the effective date of this
section and contain at least a portion of a stream setback described in
Subsection D below, all of the provisions in § 270-219.5 except
§ 270-219.5(D)(I2) shall apply.
D. Stream setback standards.
(1) Stream setbacks are required for those portions of streams that have upstream
drainage areas equal to, or greater than, 35 acres. Streams covered by this section
are shown on the Stream Setback Map, copies of which are available for inspection
or by distribution to the public at Town offices and on the Town's website. The
size of stream drainage areas is determined by the Town of Ithaca's Geographical
Information System(GIS).
(2) The required setback width at any point along a stream is determined by the size of
the upstream drainage area, the slope of the land adjacent to the stream, and the
existence of any streamside wetland.
(3) The setback shall be composed of two distinct zones. Specified activities listed in
Subsections E and F are prohibited as described in those subsections.
(4) Streams covered by this section, with their corresponding setback widths based on
drainage area, are found on the Stream Setback Map.
(5) Notwithstanding any other provisions in this subsection, if a road shown on the
l
Official Map of the Town is located within a stream setback, the setback shall
270:127 06-01-2012
§ 270-219.5 ITHACA CODE § 270-219.5
extend from the stream to the edge of the road right-of-way or to the deeded road
property line and not continue over or past the road right-of-way or deeded road
property line, as applicable.
(6) Definitions and purposes of Stream Setback Zones 1 and 2 (see Figures la and 1b
in Appendix All).
(a) Stream Setback Zone 1 is the streamside zone.
[1] The streamside zone is intended to protect the physical and ecological
integrity of the stream.
[2] To assure proper functioning of this zone, vegetation must remain
undisturbed as described in Subsection F.
[3] For streams with upstream drainage areas less than 175 acres, this zone
will begin at the stream center line. For streams with upstream drainage
areas of 175 or more acres, this zone will begin at the edge of a defined
watercourse at the bankfull flow or level mark_ (See Appendix A,
Figure 2, for a bankfulI depth illustration.1s) For all streams, this zone
will be measured horizontally landward, along lines perpendicular to the
stream bank or stream center line at the relevant starting points, the
required distance as determined by drainage area, presence of
streamside wetlands, and slope, to the beginning of Stream Setback
Zone 2.
[4] For streams with upstream drainage areas of 175 or more acres, certain
prohibitions apply to the stream as well as to Stream Setback Zone 1.
See Subsection F below.
(b) Stream Setback Zone 2 is the outer setback zone.
[1] The outer zone is intended to prevent encroachment into the streamside
zone, and to provide distance between certain developments/activities
and the streamside zone.
[2] Vegetation in this zone may vary, but planting of nonnative invasive
species is not allowed.
[3] The outer zone will be measured perpendicularly from the outer edge of
Stream Setback Zone 1 and extend horizontally the remaining distance
of the setback as required by drainage area, presence of streamside
wetlands, and slope.
(7) Required minimum stream setback widths based on drainage area are shown in
Table 1. For streams with upstream drainage areas less than 175 acres, this setback
measurement will begin at the stream center line. For streams with upstream
drainage areas of 175 or more acres, the setback measurement will begin at the
17. Editor's Note:Appendix A is included at the end of this chapter.
18. Editor's Note:Appendix A is included at the end of this chapter. r
270:128 06-01-2012
§ 270-219.5 ZONING § 270-219.5
edge of 'it defined watercourse at the bankftill I'low or level mark. For all strearns,
the setback will be measured horizontally landward, along firres perivridicular, to
the stream hank or streant center line at the relevant starting points, file specified
distance required by the drainage area.
Table 1,
Mirtimum Stream Setback Widths
(Feet)
Drainage Area Total Setback
(acres) Setback Zone I Setback Zone 2 Width
>1 35 acres and less than 20 l5 35
175 acres
> 175 acres and less than 30 20 50
1,500 acres
1,500 acres 50 50 100
(8) Where a properly has overklppirig setbacks because of' the proximity (.)Imore than
one stream, file more restrictive rneaSUres, shalt apply in the area of' overlap (f'or
example, if' part of as property, is In Zone I 1,cor one strearil, and some of Zone I
overlaps willi Zone 2 J'or another strearri, the Zone I requirements shall apply in
the area ot'oveflap).
(9,) It' there are tio slopes of 25¢,,,( or greater and no strearriside wetlands present within
the setbacks required by Table 1, then the total setback width will be determined
on the basis of drainage area alone as indicated oil Table L
(10) Sctback width adJusiment when strearnside wetlands exist:
(a) Where strearnside wetlands are identified within as Sti-earol setback, the
strearnside wetland is not counted towards the required setback width, Itt
these cases, it. will be necessary to extend the setback width beyond that
required by Subsection D(7) to make, rip for the amount of' land excluded due
to the existence of sirearnside wetlands (see Appendix A, Figure 319 ). The
adjUStiricrit in width (A' the stream setback shall apply only to the areas on the
parcel where streartiside wetlands are located.
(b) Setbacks required by this section may coincide with, and are to be located
and measured without regard to the presence or absence all', wetland huffe.rs
required by federal, state or local law or regulations, including buffers
required by the New York State Environmental Conservation Law.
(c) Unless the property owner and '['own agree oil the strearnside wetland
delineatii,,mi, strearriside %veilands shall be defineated by a qualified
pr(Aessional under gwidelines, established by the United States Anny Corps eat`
Engineer's ,in(] New York SuAte Department of Environmental Conservation.
19. Eddins Note: Aploendix A is included at the end of this chapter,
2701-128.1 00-It] -2012
§ 270-219.5 ITHACA CODE § 270-219.5
Delineation is required under this Subsection D(10) for streamside wetlands
that have been previously identified as well as for the areas where streamside
wetlands may exist due to the presence of hydric soils or wetland plant
indicators.
(11) Setback width adjustments for steep slopes of 25% (with a run of four feet for
every foot of rise) or greater.
(a) Where steep slopes (25% or greater) are identified within Stream Setback
Zone 1 (as extended, if necessary, due to the presence of streamside
wetlands), that portion of the land containing the steep slopes within Setback
Zone 1 shall not be counted towards the required setback width. In these
cases it will be necessary to extend the setback width in Setback Zone 1
beyond that required by Subsection D(7) and D(10) to make up for the
amount of land excluded due to the existence of the steep slopes.
Notwithstanding the foregoing, the adjusted'width in Setback Zone 1 due to
steep slopes shall in no case exceed two times the required minimum stream
setback width specified under Setback Zone 1 in Table 1. The adjustment in
width of the stream setback due to steep slopes shall apply only to the areas
on the parcel where steep slopes exist. Setback widths for Zone 2 will remain
the same as specified in Table 1. (See Appendix A, Figure 4.20)
(b) Steep slopes of 25% or greater shall be determined by using one of the
following resources or methods, as appropriate:
[1] On-site measurement of slopes by registered professional engineers, f Y
surveyors, or landscape architects, using accepted engineering practices;
[2] Use of two-foot topographic data created with the use of Light
Detection and Ranging (LIDAR)-derived information;
[3] United States Geological Survey 7.5-minute quadrangles; or
[4] Other resources or methods that Town staff determine are of similar or
greater accuracy than those listed above.
(12) For parcels that are 0.5 acre or less as of the effective date of this section and
contain a stream (or portion thereof) described in Subsection D(1) above:
(a) Except as concerns the application of herbicides and pesticides, the required
setback width is 15 feet regardless of drainage area size, and no setback
width adjustments are required for streamside wetlands or steep slopes of
25% or greater. With regard to the application of herbicides and pesticides,
the required setback width is 35 feet regardless of drainage area size, and no
setback width adjustments are required for streamside wetlands or steep
slopes of 25% or greater. Within the thirty-five-foot setback, the application
of herbicides and pesticides is prohibited, except as allowed under
§ 270-219.5E(13)(a) and (b);
20. Editor's Note:Appendix A is included at the end of this chapter.
270:128.2 06-01-2012
§ 270-219.5 ZONING § 270-219.5
(b) For streams with upstream drainage areas less than 175 acres, the setback
measurement will begin at the stream center line. For streams with upstream
drainage areas of 175 or more acres, the setback measurement will begin at
the edge of a defined watercourse at the bankfulI flow or level mark. For all
streams, the setback will be measured horizontally landward, along lines
perpendicular to the stream bank or stream center line;
(c) The only prohibition within the fifteen-foot setback (in addition to that
applicable to the application of herbicides and pesticides as described above)
is on the construction of new buildings. This prohibition does not apply to
maintenance or repair of buildings. The replacement, renovation or
restoration of buildings that exist within the setback as of the effective date
of this section is also permitted, provided that the following conditions are
met:
[1] The new structure's footprint within the setback is in the same location
and has the same or smaller dimensions as the replaced, renovated or
restored structure's footprint; and
[21 None of the dimensions of the portions of the structure located within
the setback increase in size.
(13) An applicant will be responsible for delineating and identifying the stream setback
zones on all subdivision applications. In addition, an applicant will be responsible
for delineating and identifying the stream setback zones on all site plan
applications, special permit, special approval and variance applications, building
permit applications, and excavation or fill permit applications, except if the project
limits (which term includes any soil-disturbing activity, staging, or other
development-related activity) are more than 150 feet from the outer edge of Zone
2, including adjustments for slopes and wetlands. This delineation shall be done at
the time of submission of any application. This delineation shall be subject to
review and approval by the appropriate board or officer.
(14) The Planning Board shall require the delineation and identification of any stream
setback zones on all subdivision plats and site plans for properties to which this
§ 270-219.5 applies. The Planning Board and Zoning Board of Appeals shall
reference any stream setback zones in any special permits, special approvals or
variances they grant. The Planning Board and Zoning Board of Appeals may
require stream setback zone restrictions to be incorporated into the deeds for
properties that contain such setbacks.
(15) The Planning Board, Zoning Board of Appeals, Public Works staff, or Code
Enforcement staff may require, prior to any soil-disturbing activity, that the stream
setback zones be clearly delineated with construction fencing, staking, or other
suitable material by the applicant on site, and such delineation be maintained in an
undisturbed state, until Public Works or Code Enforcement staff determine that
soil-disturbing activities are completed within and adjacent to the stream setback
zones.
270:128.3 06-01-2012
§ 270-219.5 ITHACA CODE § 270-219.5
(16) Through the subdivision, site plan review, special permit, special approval and
variance processes, the Planning Board and Zoning Board of Appeals may require
stream setbacks for streams with upstream drainage areas less than 35 acres where
environmental conditions warrant the establishment of such setbacks. Such
environmental conditions may include, for example, anticipated development
impacts on wetlands or vernal pools, or stormwater management, flooding or
pollution problems that the proposed development is anticipated to create. Where
the Planning Board or Zoning Board of Appeals requires stream setbacks pursuant
to this subsection, the size of the setbacks shall be no larger than that specified in
Subsection D(7) above for drainage areas from 35 to less than 175 acres, and the
prohibited uses in Setback Zones 1 and 2 shall not be any more restrictive than the
prohibitions for the respective zones pursuant to Subsections E and F below.
E. Prohibited activities in Stream Setback Zone 2. Unless otherwise permitted by Subsection
H, the following structures and uses are prohibited in Stream Setback Zone 2:
(1) The construction, installation or erection of buildings or other structures on or after
the effective date of this section, except fences and walls that are in compliance
with the requirements in § 270-223. This prohibition does not apply to
maintenance or repair of buildings or other structures;
(2) The construction or installation of parking lots, parking spaces, or impervious
surfaces on or after the effective date of this section, including impervious terraces,
steps, unroofed porches and other similar features regardless of their height and
regardless of§ 270-223.1;
(3) Replacement, renovation or restoration of any structure, unless all of the following
conditions are met:
(a) The new structure's footprint within the setback zone is in the same location
and has the same or smaller dimensions as the replaced, renovated or restored
structure's footprint; and
(b) None of the dimensions of the portions of the structure located within the
setback zone increases in size;
(4) Agricultural activities that begin on or after the effective date of this section, and
agricultural activities beginning before and existing as of the effective date of this
section that thereafter cease for a period of more than one year (or the land
thereafter lays fallow for a period of more than five consecutive years, in the case
of land used for agricultural activity that is lying fallow). Notwithstanding the
foregoing, the following agricultural activities are permitted regardless of when
they begin or if they cease for more than a year and thereafter begin again:
(a) Grazing of livestock, where livestock are allowed by this chapter, in
accordance with a conservation plan approved by the Tompkins County Soil
and Water Conservation District; and
(b) Haying, and growing of crops for commercial, educational, research or other
purposes;
270:128.4 06-01-2012
§ 270-219.5 ZONING § 270-219.5
(5) Land-disturbing activities that begin on or after the effective date of this section,
and land-disturbing activities beginning before and existing as of the effective date
of this section that thereafter cease for a period of more than one year.
Notwithstanding the foregoing, the following land-disturbing activities are
permitted regardless of when they begin or if they cease for more than a year and
thereafter begin again:
(a) Mowing and maintenance of lawns and sports- fields, landscaping, and
gardening, provided that for activities beginning on or after the effective date
of this section, nonnative invasive species are not planted and such activities
do not harm the riparian area;
(b) Construction of stormwater ponds and wetlands;
(c) Demolition of structures;
(d) Emergency slope stabilization; and
(e) Nonemergency slope stabilization and restoration, provided that:
[11 The property owner consults with either a qualified professional
engineer or the Tompkins County Soil and Water Conservation District
about the stabilization project;
[2I The Town approves the relevant stormwater pollution prevention plan
(SWPPP) required by Chapter 228, or a simple erosion and
sedimentation control plan if no S WPPP is required by Chapter 228;
[3] The property owner complies with the requirements of Chapter 157,
Flood Damage Prevention, if the project takes place in an area of
special flood hazard; and
[4] The property owner complies with the applicable requirements of
§ 270-217 regarding the deposit or removal of fill or related products;
•(6) Motorized recreational activities, except for:
(a) Use of motorized golf carts on golf courses existing as of the effective date
of this section; and
(b) Use of motorized wheelchairs and scooters for the mobility-impaired;
(7) Shelters and blinds associated with hunting, recreational, educational and
agricultural activities that are erected on or after the effective date of this section,
except for temporary blinds that are in place for a period of no more than 180 days
within a twelve-month period on any parcel;
(8) Installation of utility lines and connections, such as water, sewer, electric, gas,
telephone and cable lines and connections, on or after the effective date of this
section, except the following shall be allowed:
t
270:128.5 06-01-2012
270-2,19.5 ITHACA CODE § 270-219.5
(a) Installation of' water %vells and connections�
(b) I.Jtilicy fines and connectiolls for one f"unily and two-familly dwellings;
(c) For uses and structirres, oilier than one-fantily and two-farnily dwellings, the
installation of' utility lines and connections iS PCI-Mitted 0111y� Upon receipt ofa,
special permit for SG:Irjie from the Planning Board in accordance with the
procedures SO forth in this chapter-, and
(d) Repair and replacement Of' Lllilil)f lines and connections,
(9) Tree cutting and (list urbancc of vegetation, except lor:
(a) Selection tree cinting that maintains the protective I'Linction of' the setback
Zone"
(b) Disturbance of existing vegewtion 1,0.,
1 1] Remove diseased, chu-naged or dead trees or shrubs or nonnative
invasive vegetation;
121 Remove vegetation in a proaclive efforl, to nainunize the spread of'
cfisease; or
[31 Remove vegetation that presents safety or health hazards;
(c), Pruning of trees and vegetation:
(d) Restoration of riparian habit'al and native Vegetation; and
(c) Development of as narro", perme,a]-fle (nonpaved) footpath within the strearn
setback;
(10) Deicing of' impervious and pervious surfaces, if' more than the minimal MY)OLint Of'
deicing material necessary to maintain vehicular and pedestrian safety is applied to
the surface;
(I1) Dumping or disp(:lsal ofsnow or ice collected from roadways or parking lots
located wholly outside a streant setback zone-,
(12) Installation of outlets from stornmater management practices mid footer drains oil
Mas' after the effective date of this section, eKccl)t where sheet flow or infiltration is
not practica] and areas disturbed by such outlets are revegetated;
131 Application of' herbicides, pesticides, fertilizers or other chemicals, except the
following applications are allowed:
(a) The selective application of herbicides to control nonnative invasive species,
,,in(] the selective application of pesticides to protect native plant species-, and
(b) Application of herbicides, pesticides, fertilizers or Other Chcrilicals for the
protection of huntan or annual safety, or for agricuhural purposes Jor farms,
270:128,6 06-01 - 2012
§ 270-219.5 ZONING § 270-219.5
1 in accordance with product label instructions and pursuant to applicable New
York State laws and regulations;
(14) Mining or removal of soil, sand and gravel, and quarrying of raw materials, except
where the New York State Department of Environmental Conservation has issued
a permit expressly allowing such activities on the parcel;
(15) Outdoor waste storage and outdoor deposition of_waste, including but not limited
to garbage, refuse, recyclable materials, tires, rubble, discarded motor vehicles,
discarded appliances and other bulk items, except:
(a) Ordinary household trash temporarily stored in a covered garbage can;
(b) Ordinary household recyclables set out at curbside for pickup; and
(c) Composting of residential materials.
(16) Outdoor storage or disposal of hazardous or noxious materials;
(17) Storage or disposal of manure;
(18) Installation of septic tanks or septic drain fields on or after the effective date of
this section.
F. Prohibited activities in Stream Setback Zone 1 and streams. Unless otherwise permitted
by Subsection H, the following structures and uses are prohibited in Stream Setback
Zone I and in streams:
(1) All uses and activities prohibited by Subsection E above;
(2) Mowing and maintenance of lawns and sports fields, landscaping and gardening,
where such activity begins on or after the effective date of this section, or such
activity begins before and exists as of the effective date of this section and
thereafter ceases for a period of more than one year;
(3) Grazing of livestock, where grazing begins on or after the effective date of this
section, or grazing begins before and exists as of the effective date of this section
and thereafter ceases for a period of more than one year;
(4) Composting of residential materials, unless they are contained in such a way that
does not allow leaching;
(5) Construction of stormwater ponds and wetlands;
(6) Installation of water wells and connections;
(7) Haying, and growing of crops for any purpose, where such activity begins on or
after the effective date of this section, or such activity begins before and exists as
of the effective date of this section and thereafter ceases for a period of more than
one year;
(8) Dredging, deepening, widening, straightening or any such alteration of the beds
- and banks of natural streams, except where:
270:128.7 06-01-2012
§ 270-219.5 ITHACA CODE § 270-219.5
(a) The New York State Department of Environmental Conservation has issued a
permit expressly allowing such activities on the parcel; or
(b) Dredging is performed to maintain dam safety or operational effectiveness;
(9) Stream bank stabilization, unless all of the following conditions are met:
(a) The property owner consults with either a qualified professional engineer or
the Tompkins County Soil and Water Conservation District about the
stabilization project;
(b) The Town approves the relevant stormwater pollution prevention plan
(SWPPP) required by Chapter 228, or a simple erosion and sedimentation
control plan if no SWPPP is required by Chapter 228;
(c) The property owner complies with the requirements of Chapter 157, Flood
Damage Prevention, if the project takes place in an area of special flood
hazard; and
(d) The property owner complies with the applicable requirements of § 270-217
regarding the deposit or removal of fill or related products;
(10) Construction of the following types of crossings on or after the effective date of
this section:
(a) Crossings of streams through the stream setback by driveways, roadways,
vehicles, pathways, bridges, storm sewers, sewer and/or water lines, and
other utility lines, except for crossings that are built substantially
perpendicular to stream flow, are designed to minimize downstream siltation
and negative impacts to the stream and setback zones, and, in the case of
utility line crossings, the utility lines are otherwise permitted by Subsections
E(8) and F(1);
(b) Livestock stream crossings, except for crossings that are constructed and
maintained to minimize negative impacts to the stream and setback zones
with fencing substantially perpendicular and through the setback to direct
animal movement.
G. Prior nonconforming uses and activities. The provisions of § 270-204 relating to
nonconforming uses of land shall not apply to uses and activities prohibited by
Subsections E and F above.
H. Transition provisions.
(1) The prohibitions in Subsections D(12), E and F above against construction of new
buildings and structures in setback zones shall not apply to the following buildings
and structures:
(a) For buildings and structures that require site plan approval, subdivision
approval, special approval, and/or special permit, the prohibitions shall not
apply if completed applications for all necessary approvals for site plan,
subdivision, special approval, and special permit have been submitted before
t
270:128.8 06-01-2012
§ 270-219.5 ZONING § 270-220
the effective date of this section, provided such applications are thereafter
_ diligently prosecuted to completion; and
(b) For buildings and structures that do not require site plan approval,
subdivision approval, special approval, or special permit, the prohibitions
shall not apply if all necessary building permits and fill permits have been
issued before the effective date of this section.
(2) For the purposes of this section only, an application shall be deemed "completed"
if it contains all required information, materials, initial SEQR forms and fees
normally and reasonably required by the appropriate Town official(s) (e.g.,
Director of Planning with respect to subdivision, special permit, and site plan
approval applications, and the Director of Code Enforcement with respect to
special approval applications) to commence the review process by the appropriate
Town 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 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 12 months of
its submission.
I. Variances. The Zoning Board of Appeals may grant variances from the requirements of
this section pursuant to § 270-235 of this chapter. A variance from the requirements of
this section is an area variance, provided any use proposed to be located within the
stream setback is a permitted use in the relevant zoning district. In addition to the items
required by the Town for all variance applications, the applicant shall provide a proposed
mitigation plan that offsets the effects of the proposed encroachment into the stream
setback, if such a plan is possible for the parcel that is the subject of the variance
application. Where a Planning Board approval (such as site plan, subdivision or special
permit approval) is also sought pursuant to the provisions of this chapter, the Planning
Board shall make a recommendation to the Zoning Board of Appeals on any proposed
mitigation plan that is submitted to the Zoning Board of Appeals in connection with a
variance application.-Failure of the Planning Board to make a recommendation before the
Zoning Board of Appeals must act as required by law 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.
ARTICLE XXVI1
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.
i
270:128.9 06-01-2012
§ 270-221 ITHACA CODE § 270-223
§ 270-221. Side yard on corner lot. 1
On a corner lot in a residence zone the yard width on the side street shall be at least 112 the
required front yard for adjoining properties on the side street, but in no event less than 10 feet
On a corner Iot 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:
(a) Three feet, if less than 50010 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.
270:125.10 06-01-2012
§ 270-223 ZONING § 270-223
(6) Fences and walls up to eight feet in height are permitted as of right in all-locations,
a 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
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
270:128.11 06-01-2012
§ 270-223 ITHACA CODE § 270-224
Board of Appeals, or (in those instances where site plan approval is required by f'
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 Iine.
(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 shaII 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.
14-2009]
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 113
the length of such wall.
C. An open fire balcony or fire escape may extend not more than four feet into any required
yard.
270:128.12 06-01-2012
§ 270-225 ZONING § 270-227
§ 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 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
medicaIly-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.
270:128.13 06-01-2012
?70-227 ITHACA CODFI § 270-227
(g) Rese,arch and development flicifides; One space for each 30C O square feet of
gross floor area or- one space per employee, %N,luchever yields the higher
nirtriber of spaces.
(11) MUltifaulily (INN/elliugS: L'I'Very building ill any /,one housing or designed to
house moi-e than two fanlifies shall prtwide, in connection with it and oil the
carne lot garage space or off-street parking sixace for autonrohiles equivalent
to the number of dwelfingl Ullits provided in such dwellings, plus one space
for every three dwelling units.
(2) Notwithstanding any other provisions of this chapter, it' all existing or proposed
pro.ject permittee) in any zoire (ilrClUding the uses set forth in Subsection A(t
11bove as well as the uses referred t(.) in VaHOUS zones referenced below,) meets the
following Criteria, Ille Planning, RoaiA may aUIhOriZC the required mininliall
number of parking spaces tut he reduced by, no more than 2,0`,`i,,. The criteria are:
that the reduction in the 111.1111ber of parking spaces will riot adversely affect traffic
How on the project site, will leave adequate parking for all of the masonably
anticipated uses or occupancies in the proJect, and will riot otherwise ac m-sely
affect the general well'tare of the COMIIILI]uty.
(3) It' the Planning Board pernuts a reduction ill the I'CLIUit-eki number of parking
spaces, the Plannin.-i Board map
y imose such reasonable ns conditioLis mae
y, in th
judgirient (:A' the Planning Board, be necessary to aISSLHV that. Such reJUCtion will
meet the criteria set forth above, In any eVCM, UrlleSS expressly waived by the
?70;128.14 06-In - 2012
C NIN6
270 21 tfa darn e nt !
.141wn of Ithaca
APPENDIX A
Section 70-219,1 cif Town of Ithaca Code
Stream Setback Law
0
treawrw Sebauk Stream Setback Outside Stream
?one 1 n Zone 2 Setback Zone
n
u i �
uwow�u i
i omeome 50%of streawm chaninet No Immmus devetarsmenl
zone of undistu s
wegetawn slifaces
Figure ]a..-.Stream Setback Ames .l & 2 Jcar small streams requ rtra =rraeasureniew/r°rrrrr the
stream center liar'.
stream
rllhenm� r
*4
trearn Setback Stream Setbadk t' Outside Stream Setback
I Zorwe 1 u Zone 2 Zolles
w w Ii
J r I
w II
Stuewn banldulH Zone of undskirbed No wrmpervious Irroer0lous develrAxmnt
tow mark Vegetation surfaces
Figure lb.-r.stream Setback Iottes T & 2,frar larger streams regwrirelx rrreasuremerrtftom the
barrqWl,flo;v marl.
Peri rinial Vegetation
n
Annual Vegetation
I
I
.. Bankfi l Dep _.......
,,.
Low: 'low Depth
Banakt"rill Width
Fgure 7—Baraklrrll Depth 111r4stratiorrr.
270 Attachment 1:1 06-0r -2012
rr[JACA ("ODE
Stream Chwinel
v ,
Y , . Zane 1 begins here
at the edge of the
Streamsidle streamside wwet�and
Welland
u ,14
Not counted Ousted
..... ........ Zone 2,,�e�tk�actc.��
6..k;itP{"Yll rls II
t t c at�am�Nr one 1 Setback width r
r
V
Shown measured from stream bank(ull mark;
Could also be measured from stream nentedine when reguireld
Figure 3 _.Streattrz Setback at4justmetti fir streattaar°ar a ;vetla iii
ripe ands usted Setban&width for
steep dopes wield be rrtn r"eonethan
two tarnes Ow rnrwarrmurrn aeganwed
r r
Wuatth Of SetboO Zorke t
r � F
i
°s
teenanrt eYrar2uel Zorn 2 Setback width does aunt change
t K aro-thre nn n°niunaWurw re tnanred tlowevv,
r- feet C l slope AddwJ
...x to d... the demotion now begins at the end of
the reed Odth for Zone t
r sett ck
p
Zone 1 cetbr k ma a stead Writh for sleep slope Zonv,2 Setho k
ttrr
measuredtrorrreimr tyankfuO rrmk,
Crxi d apse be measured from sttesara cAntettarde When tertrraead
1^"figure 4 _ kStreain Setback adjusdirreiitfi,#r 25% slope or grafter
270 Attachnient 1:2 00-01 -20 12
§ 271-3 ZONING: SPECIAL LAND USE DISTRICTS § 271-3
§ 271-3. Special Land Use District No. 1 (Wiggins). [Adopted 8-13-1984 by L.L. No.
3-19841
A. WHEREAS:
(1) The Planning Board has extensively reviewed the proposed "La Tourelle"
development of Walter J. and Joyce Y. Wiggins at public hearings duly and
properly held during the Winter and Spring of 1984.
(2) On June 5, 1984, the project was granted final site plan approval by the Planning
Board.
(3) All necessary environmental reviews have been completed, after which it was
determined that the project would have no significant impact on the environment.
(4) The Planning Board has determined that:
(a) There is a need for the proposed use in the proposed location.
(b) The existing and probable future character of the neighborhood will not be
adversely affected.
(c) The proposed change is in accordance with a comprehensive plan of
development in the Town.
(5) The Planning Board has recommended that the Zoning Ordinance be amended to
permit this development as proposed and reviewed.
_ B. NOW THEREFORE BE IT RESOLVED: [Amended 11-10-1988 by L.L. No. 11-1988;
12-13-2004 by L.L. No. 11-2004; 5-7-2012 by L.L. No. 5-2012]
(1) Section 270-6 of the Town of Ithaca Code includes in the list of permissible
districts a district designated as "Special Land Use District No. 1," which district is
now considered and hereafter referred to as "Planned Development Zone No. l."
(2) (Reserved)
(3) The uses permitted in this Planned Development Zone are:
(a) Any use permitted in a Medium-Density Residential Zone.
(b) The operation of a hotel or motel to be used as a bed-and-breakfast inn, with
site plan approval by the Planning Board.
(c) The existing construction and use of that portion of the premises formerly
and/or now used and occupied as the L'Auberge du Cochon Rouge
Restaurant and the Barn Apartments as shown on the final site plans and/or
the survey map of "A Portion of the Lands of Walter J. and Joyce Y.
Wiggins," dated July 3, 1984.
(d) A spa facility, attached to a hotel or motel, as defined and limited in
§ 271-3B(5)(a)[6] below.
271:3 06-01-2012
§ 271-3 ITHACA CODE § 271-3
(4) This Planned Development Zone includes all lots and area requirements of the
Medium-Density Residential Zone except as modified below: /..
(a) Side yards may not be less than 30 feet.
(b) Spaces between buildings. The distance between any two structures shall be
no less than the average height of both, except that a shorter distance may be
allowed if the resulting space is to be used and maintained as a fire lane.
(c) Height. No structure shall be greater than 55 feet from the lowest point at
grade to the highest point on the roof line.
(d) Stories: No more than two stories. However, as many as four dwelling units
may be constructed in the basement of the first phase of the development.
(5) Notwithstanding the provisions of Subsection B(3), above, the following particular
covenants and restrictions shall govern the use of the lands in this Planned
Development Zone No. 1, otherwise known as "La Tourelle."
(a) The only new construction and use permitted in the above zone shall be a
hotel or inn containing no more than $0 units for guests, and the following
additional facilities, all of which construction may occur in phases:
[1] Tennis courts, enclosed or otherwise.
[2] Swimming pools (for guests of the inn).
[3] Cabanas or other similar accessory structures related to tennis courts
and swimming.
[4] Pond or other body of water.
[5] Restaurant or other food service establishment.
[6] Spa facility of not more than 5,000 square feet of total interior floor
area, open to hotel guests and the general public, consisting of:
[a] Spaces for one or more of the following activities: massages,
facials, manicures, pedicures, hair care, and tanning;
[b] Related lounges, locker rooms, showers, saunas, steam baths, and
wading pool;
[c] Shop (not more than 100 square feet in size) for the sale of spa
therapeutic and aesthetic products; and
[d] Other facilities related to the spa activities authorized above.
(b) (Reserved)3
3. Editor's Note: Former Subsection B(5)(b), regarding exterior design, specifications and plans, as amended, was
repealed 5-7-2012 by L.L.No.5-2012.
271:4 06-01-2012
§ 271-3 ZONING: SPECIAL LAND USE DISTRICTS § 271-3
_ (c) No building permit shall be issued for a building or structure within PIanned
Development Zone No. 3, nor shall any existing building or structure in such
Zone be changed, unless the proposed building or structure is in accordance
with a site plan approved by the Planning Board, or with a modified site plan
approved by the Planning Board (where Article XXIII requires Planning
Board approval for modifications), pursuant to the provisions of Article
XXIII and other applicable provisions of Chapter 270.
(d) (Reserved)
(e) No portion of the outside area of the Planned Development Zone shall be
used for the service of food or beverages, nor any public assembly, nor
dancing or musical activities; except as follows:
[1] At any time subsequent to the adoption of this section the Town Board
may adopt regulations by resolution or by amendment of the Town
Zoning Law to implement the provisions of this section, which may
also include a requirement that the owner or his duly authorized
representative, obtain a special permit from a person designated by the
Town Board for that purpose to permit the use of portions of the
outdoors area in the immediate vicinity of the La TourelIe structure for
limited, temporary or occasional serving,of food and beverage for the
guests of La Tourelle for special occasions such as weddings or other
social occasions. Such regulations shall be adopted only after a public
hearing has been held, notice of which has been published in the official
newspaper, at least five days prior to such hearing and written notice
thereof has been mailed or delivered personally to the owner of the
above project, or to his duly authorized representative, and to such other
owners of property, as the Town Board may direct. Until such time as
such regulations may be adopted, the lands may be used for the outdoor
activities, as described above, without a permit.
(f) No noise originating on the property contained in this PIanned Development
Zone shall exceed the limits set forth in Town of Ithaca Code § 270-155 or in
Town of Ithaca Code Chapter 184, whichever is more restrictive.
(g) Ingress and egress shall be through the driveway leading to State Highway
Route 96B past the restaurant as shown on the final site plan and survey map
dated July 3, 1984.
(h) All construction must comply with all applicable laws, codes, ordinances,
rules and regulations.
(i) These covenants may be enforced by the owner of any land lying within 500
feet of the boundaries of this zone, and/or by the Town of Ithaca.
(j) The` above restrictive covenants shall run with the land and shall be
incorporated in a document which shall be signed by the owner and recorded
in the Tompkins County Clerk's office. No portion of the building shall be
J
271:5 06-01-2012
271-3 ITHACA CODE § 271-3
occupied or otherwise use(] unless at valid certificate of mcupancy has been
iSSLICLI.
(0) This Planned Development Zone shall be added and hereby is ad(.le(l to the Official
Zoninfr Map of' [lie Town of Ithaca at the location given in Schedule A belo%v.4
(7) In the event that any portion of this section is declared invalid by a court of
competent jurisdiction. the validity of the rernaining portions shall not he, affected
by such declaration of invaliclity,
(8) The Town reserves for itself', its agencres, and all other persons li,,tving all interest,
all remedies and rights, to enforce the provisions of' this section, including, WithOL11
lirnitati011, aCtiOnS I'M MI u1jUnction or other equitable renaedy, or action ancl
Llaniagcs, it) the event the owner of the parcel cowered by this section flails to
comply with any of the provisions thereof.
Schedolle A
Description of lfioi-tion or Land o,f Walter J. and Joyce Y. Wiggins Zoned
as Special Land Use District ('now known as Phinnied Development Zone)
No. I [Amended 11-10-2(4118 by L.L. l" o« 18-2008]
Situate in the To%N/rl of, Ithaca, COLITIty of Tonipkins, State of i' York,
Beginning in file center line of New York State Rome 96B at the southcas(
earner- 01' kinds (A' Lfflrent in(] Kaethe Bessou, ticsignated as Tax Parcel No .
6236-1-43:
1, 'I"'hence SOLItherly .110up said center line 435 feet more or less, to the
northeast corner of property of' Irene Storit, designated as Tax Parcel
No. 621()-1-5,
2. Thence westerly 2(,)0 feet triore or less, lo the norlhwest corner of sald
Stout property;
3: Thence southerly 100 feet niore or less, lo file Southwest cornet' of' said
Stout property and the north line of lands of FairviewManor Realty
C I
o., 'Fax Parcel No. 6-36-1-6,
................
4Editor's Note Said Sched tile A is,ine I tided tit the end of§271-:3.
`771;6 06-01 - 2012
271-6, ZONING: SP11,'CIAL LAND USE DISTTRIC',1'I'S § 271-7
COMMENCING at the southwest corner of' premises reputedly owned h"
paleontological Research, Inc. (see deed recorded in the Toarpkiris County lerk's
Office in Book 464 of Deeds at Page 405), which point is also a northwest corner of
premises I'CI)Lfledly owned by (,"ornell [Jr-tiversity as shown orr a nrap entitled "Proposed
Special Land Use District for J. Ciaschi and the Mayer Sclxx)i at the Cornell U. Stat1cr.
West Cornpley," dated December 17, 1966, toy J. W. Mayer, Maj) Source; "Final Plat,
Proposed Subdivision, Lands of Cornell University, Lot No . 87, "Town of Ithaca," dated
AU 'Usl 26, 1986, by Nlilton A. Greene, PA_S, 42000, which corner is all cast line of
New York State Route 96, running thence north 68 degrees, 48 minutes east along as
southwesterly line of' [fie Paleontological Research premises as distance cot`7 10,22 Peer( to
,111 irorl pipe.,
rtinning tfiCnCC SOLIth 46 degrees 30 111i 11U WS east passing through an it-on pipe at 3 17.IS
feet a total distance of 405 feet to an iron pipe; running thence south 1.0 degrees 10
nnrlUteS east 241.7'6 feet to air iron pipe; running thence(.)it a slight curve to the left with
as chord distance of' 230.24 feet oil a bearing Of' SOUth 64 degrees 57 minutes west with as
radius of 448.26 feet to an irort pipe; running thence south 5O degrees 4 Minutes west
321,76 feet to a, point in the east line of New York Stale Rowe 96; running thetice north
43 clegrees 56 minines west passing thrOLIgh an iron pipe at 438.88 feet a total distance
of 784.08 feet to the point or, place of beginning,,
The ahovc description is based upon a trial,,) entitled "Proposed Special Land Use District
for J. Ciaschi and the Mayer School at. the Cornell U. Statler West Complex," dated
December 17, 1986, by J.W. Mayer, Map Source: "I"imal Plat, Proposed Subdivision,
I-ands of' Cornell University, Lot No. 87, Town of Ithaca." dated August 26, 1986, by
Milton A. Greene, PA—S. 42000, a copy of' which maP is (.in file with the Planning
I)epartment of tile Town of Ithaca.
Containing approxinwely 10,2 acres of' land, niore or less.
§ 271-7. Planned Development Zone No. 5 (Limited Mixed Use, Chamber of Comurm-ce).
[Adopted 2-8-1,988 by L-L. No. 2-1988; 4-11-1988 by L.L. No. 4-1988; 6-13-2005 by L.L.
No. 6-2005; 5-,7-2012 by L.L. No. 4-2012-1
A< Section 270-6 of the ']'own of Ithaca Code includes in the list of pernlissible districts a
district designated as "Special Land Ilse District No. 5 (Limited Mixed Use),"" which
district is nmv considered and hereafter referred to as "Planned Development Zone No,
5 "
BTile USeS permitted in Planned Development Zone No. 5 are:
0) Any rise perithtted in a Medium Densily Residential Zone-,
(2) Professional offices lot- occupancy hy nonprofit entities (subject to the further
provisions stated herein), a,md
(3) Visitors' information center' Or tOL16SM Center f(,)r the area, in either instance
operated by as not-for-prol"it or municipal entity,
271:17 06 -01 - 2012
§ 271-7 ITHACA CODE', § 271-7
C. Norwillistanding the foregoil1g, nO LISeS shall be permitted if not pursuant to and
consistent with a Unified plan for the Planned Development /.one (Limited Mixed Use,)
OS sUC11 is initially apProVed by the Planning Board and Subsequently an with the
approval of the Planning Board.
11 Any use in this i.one shall he governed by all of the requirenients, inClUdilIg parking, side
yards, setbacks, building coverage, accessory uses, and similar requirements (excel-it for
peri-nitted occupancies which shall be only as set Forth above) relating to at Medium
Density Residential Zone.
E. In addition to the requirements and restrictions irnposed above there shall be no new
construction in this Planned Development Zone Unless and until all of (lie requirements
of the Zoning Ordinance have been complied with and, in addition, the following
requirements to the extent not required by other provisions ofthe Zonin'p, Orcfirlance�
I No bUildil)g PeFlUit shall be issued for at building or strUCIL11V Within Planned
Dcvelopment Zone No. 5, nor shall any existing building or structure in such Zone
be changed, unless the proposed building or structure is in accordance with a site
plan approved by the Planning Board, or with a modified site pkin approved by the
Planning Board (where Article y( Ill requires Planning Board approval for
modifications). PUFSUant to the provisions of Article XXIIJ and other applicable
provisions (A'Chap[cr 270,
(2) Building Permits shall he required for any construction, "'ClUditIg Construction of
Signs, Wa11S, and Outdoor lighting facilities. SUCh PCI-1114S ShZill not be issued Unfil
the Manning Board has approved the design and :spec ificatiorts for any items for
which a building pertnit is sought.
() Any M)StrUCtiOn for which a permit is granted shall comply with all applicable
laws, codes, ordinances, rules arld regUlatlOns.
F. In addition to the requirentents and restrictions :set forth above ()Cek1j)�;FnCy 1411CI use Of the
prernises shall he further limited as follows:
J) No building, PCrn)h SIM11 be iSSUCCI Until a plan shall have been submitted to the
Planning Board and approved by the Planning Board showing adequate parking
and access to be Maintained within the zone.
(2) Once constructed, any bUilding on the premises shall have no more than 20
persons employed it) the budding at any core time.
(3) No activities will be condLided in the Panned Development Zone bctwecil the
hours of M30 p.rm and 7:00 a.in.
(4) No activities will be condLICIC(I in sard Planned Development Zone which Will
cause disturbing Wise, OdOr's, or glare to any ad.jacent landowners,
(',3. The area encompassed and rezoned in acccirdancc with this section to Planned
Development Zone No. 5 is describcd on SchedUle A to this section, The Official
13. Editor's Note: Said Schedule A is included at the end of§271-7,
27HK 06,-01 - 2012
§ 271-7 ZONING: SPI"' .'IAL LAND USE DISTRICTS § 271--8
zoi!ijiig mall of tile rom, 0j, Ithaca Is hereby amemled by additig .such /orie at tile
locatioii descrihed,
11. 111 tile event that any portion of this sectim is declared iflValid by as COUrt 01' C01-ripeterlt
juriscliciforl, the validity, of the remaiiiiag portioris shall riot be affected by such
declaration ofilivalidity.
Schedule A
Description of Enlarged flanned Developinent Zone No. 5
1
ALL THAT TRACT (AZ PARCF'J-., 01�', LAND situate fit the Tomi of Ithaca. County of
Tompkim arid Siale of' New York, boUricled all(] described as f'otiows:
COMMEACINGi at a paint ill the cerIter hire of' East Shore Drive, State Roure .34, at (A'
uDear the northeast corner of premises of the ("ity of Ithaca (Lubar 204 of' Deeds at Page
274) which premises are Istiomi generally as the site of the Ithaca Youth BUreall-I
running thence northerly and alotig tile center firie of East Shore Drive 00 feet to tile
SOL-Itheast corner of lands rel)MC(Ily of L,eo M. Wells (see 379 1 1)eeds, 410), coatimillig!
Irortherly alono the center liras of F"ast Shore Drive a distatice of' 79.5 feet to the
northeast corner of said Wells property allcl also tile southeast conwr of other premi.ises
rCl.)Lll.edly owned by, Wells (see Liber 466 of" Deeds at Page 230)', C0JltifILJillg 1101-111CHY
aloiig the center Jim of' East Shore Drive 1173 feet to the northeast corner of said
secoird Wells parcel; Rinnirig thence southwesterly and akmg premises now or formerly
reputedly of Sigriorelli (590 Deeds 1128) a distance of' approximately 223 feet to the
east Iijic of prerriises now or formerl , of the Lehigh Valley Railroad Corllpajly� thctice
y I
southwesto-ly a1mg the easterly briery of said railroad cortipariy as distance of
approximately 141 feet to as plifit; thence southerly running alorig the westerly litre of
the secorid Wells parcel described above, the first Wells parcel described above artc] the
premises iiow or formerly of Bownraii (see. Book 585 of Deeds at Page 594) as total
distance of 82.8 feet to a point, which poirit is the southwest earner of s,,,tid Bowitrall
parcel; running thence easterly and ill part alotig the City of' Ithaca Youth Bureau site
arrd ill total almig the southerly hrie of' said Bowmail parcel as total distance of' 26,4 feet
to tile cast fine of Fast Shore Drive.; contirmirig thence in the same direction a distance
of approxillrately 33 teet to tile cemer lkic of Fast Shore Drive at the point or place of
begimlilig,
§ 271-8. Planned Development Zone No. 7 (Limited Mixed Use, Ithacare'). 14 [Adopted
1-13-1994 by L.L. No. 1-1994; aawn(led 3-11-1996 by L.L. No. 2-1996; 11-7-2002 by L.L.
No. 7-202; 5-7-2007 by L.L. No. 5-2007]
A, Section 270-6 of tile Town of' Ithaca, Code inCILKICS ill the list of permissible districts as
district designated as "Special Larid Use District No. '7 (Limited Mixed Use)," which
district is riow cotisidered arid hereafter referred to as "Plaimed Development Zo,rie No.
7.
14. I'Ahor's Nose: SptTial Land Use Distri(I No.6(Indian Creck Retirement Communit,v),adopted 3-13-1989 by LL Nco.
2.1989,was retwadvd ill 1995.
17 1:19 06-(I I - 2012
§ 271-8 ITHACA CODE § 271-8
B. The uses permitted in Planned Development Zone No. 7 are: [Amended 1-9-2012 by
L.L. No. 1-20121
(1) Dwellings.
(a) Parcel 1: One multiple-family dwelling consisting of at least 40 dwelling
units and up to 193 dwelling units aggregated with central dining, kitchen,
activity, administration, and maintenance areas, and other related community
service space, such multiple-family dwelling being intended to provide
congregate residential care, including independent, assisted-living and nursing
home accommodations. Each dwelling unit in said multiple-family dwelling
may be occupied by no more than two persons, related or otherwise.
(b) Parcel 2: Up to I single-story detached residential duplex buildings
containing up to 22 dwelling units in the aggregate for the provision of
independent living accommodations. Each dwelling unit may be occupied by
no more than two persons, related or otherwise.
(2) Subject to special approval and site plan approval by the Planning Board the
following accessory uses are permitted on Parcel 1 and Parcel 2.
(a) Off-street garage or parking spaces for the residents of, employees working
at, and visitors to the permitted facilities.
(b) One pavilion not exceeding 3,000 square feet in size.
(c) Accessory buildings such as storage sheds, pavilions [in addition to the
pavilion authorized in Subsection B(2)(b) above], gazebos, and other similar
small buildings provided that no single building [other than the pavilion
permitted by Subsection B(2)(b) above] exceeds more than 200 square feet in
size and provided further that the size and location of each such building is
approved by the Planning Board.
(d) Common recreational areas including walkways, parks, community gardens,
and other similar outdoor recreational facilities.
(e) Any municipal or public utility structures necessary to the provision of utility
services for the permitted facilities.
(f) Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca.
t
271:20 06-01-2012
ISD--I DISPOSITION LIS'F § DI.,-1,
Local Adoption
Law No. Date Subject Disposition
24-2009 12-7-2(K)9 Sewer rents aniendment t.'17. 210
25-2009 12-7-2009 Subdivision of' land an-iendment (h 234
26-2009 12-7-2009 Water rates ainendment (I h. 261
27-20019 12-7-2009 Zoning arnendment Ch. 270
1-20 0 1-11-2010 Zoning wriendment Ch. 270
'2-20),101 X4.1"2-24:114.1 Vehicles and waf'fic: parking; Ch, 250, Art. III
Stoll and Yield intersections
amendment
332010 4-12-20)10 Building construction and firc hs. 125; 221.; 225 270
prevention ,tniendmew; Signs
amendment, sprinkler systems
amendmient, zoning amendment
4-201101 7-12-2010 Streets and sidewalks: excavation Ch. 230, Art. I
and construction in municipal
roadways and highway
rights-of-way
5-2010 8-9-2010 Adoption of crnployec retirement NCM
incentive, Part A
6-2010 11-8-2010 Zoning: special land use districts Ch. 271
e�
annendinetit
7-2010 12-13-20101 Animals: dog control a,nd Ch. 112, Art. I
licensing amendment
1-20111 4-11-2011 Zoning amendment; zoning: hs, 270; 271
Special land use districts
amendment
2-2011 4-11-2011 Zoning ;tmendtnenl Ch, 270
3-201 1 4-11-201 1 Zoning, amendinent Ch. 270,
4--24111 5-9-2011 Records inanagement repealer Ch. 65, reference only
5-201 1 6-13-2011 Property maintenance Ch205
Ca-24;)1 1 6-13-2011 Zoning amendment Ch. 270
7-2011 7-1 1-20 11 Zoning: special land use districts Ch. 271
amendment
8-201 1 7-11-2011 Vehicles and, traffic: parking, Chp 250, Art, III
stop arid yield intersections
,ame
,ndrnent
9-2011 7-11-2011 MoralOriUrn NCM
101-2011 1 7-11-2011 Zoning amendment Ch. 270
H-201 1 9-8-20111 Zoning amendinem; /,oning: C'bs. 270; 271
special land use districts
arnendti-tent
DI,:5 (wain -art - 2012
§ DL-1 ITHACA CODE § DL-1
Local Adoption r
Law No. Date Subject Disposition
12-2011 10-6-2011 Tax levy limit override 2012 NCM
13-2011 10-17-2011 Vehicles and traffic: parking; Ch. 250, Art. III
stop and yield intersections
amendment
14-2011 11-7-2011 Code of Ethics Ch. 32
15-2011 11-7-2011 Zoning Map amendment NCM
1-2012 1-23-2012 Zoning: special land use districts Ch. 271
amendment
2-2012 3-12-2012 Zoning amendment Ch. 270
3-2012 3-12-2012 Zoning amendment Ch. 270
4-2012 5-7-2012 Zoning; special land use districts Ch. 271
amendment
5-2012 5-7-2012 Zoning; special land use districts Ch. 271
amendment
6-2012 5-7-2012 Zoning Map amendment NCM
7-2012 5-7-2012 Zoning Map amendment NCM
8-2012 5-7-2012 Zoning amendment Ch. 270
DL:6 06-01-2012
GENERAL CODE
J
INSTRUCTIONS
Town of Ithaca Code Supplement No. 28
The enclosed new and/or replacement pages should be placed in your Code volume immediate-
ly! The dateline, on the bottom of the page, does not indicate the adoption date of the Code
changes,but rather identifies the pages printed with this supplement.This instruction page should
be placed in the front of your Code volume.
REMOVE INSERT
225:1 —225:4 225:1 —225:4
225:4.1 225:4.1
270:11 —270:12 270:11 —270:12
270;12.1
270:15—270:16 270:15—270:16
270:16.1 270:16.1
270:21 —270:22 270:21 —270:22
270:29—270:30 270:29—270:30
270:30.1 —270:30.2 270:30.1 —270:30.2
270:30.2.1
R 270:45—270:46 270:45—270:46
270:46.1 —270:46.3 270:46.1 —270:46.3
270:49—270:50 270:49—270:50
270:50.1 270:50.1
270:53--270:64 270:53—270:64
270:64.1 270:64.1 —270:64.2
271:26.1 —271:26.2 271:26.1 —271:26.2
271:27—271:32 271:27--271:32
271:32.1
DL:5—DL:6 DL:5—DL:6
Index Pages 1 —28 Index Pages 1 —28
Legislation, by number or date of adoption, included in this supplement: L.L.Nos. 9-20I2; 10-
2012; 11-2012.
09-01-20I2
y Chapter 225
SPRINKLER SYSTEMS
§ 225-1. Applicability. § 225-6. Exception.
§ 225-2. Definitions and word usage. § 225-7. Penalties for offenses.
§ 225-3. New buildings required to have § 225-8. Variances.
sprinkler systems. § 225-9. Administration.
§ 2254. Building permit. § 225-10. Mixed use buildings.
§ 225-5. Certificate of occupancy.
[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 Fre prevention—See Ch. 125. Property maintenance—Sec Ch.205.
§ 225-1. Applicability.
This chapter shall apply to all parts of the Town of Ithaca outside the Village of Cayuga
Heights.
t
§ 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. 3-20101
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
225:1 09-01-2012
§ 225-2 ITHACA CODE § 225-3
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 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 exceeding 400 square feet in size. [Amended 8-13-2012 by
L.L. No. 10-2012]
(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.
225:2 09-01 -2012
225-3 SPRINKLER SYSTLI'MS § 225-3
(22) Indoor termis courts or other Sport Courls,
(23) L,ecturc halls.
(24) Libraries,
(25) Lodge halls oi- rooms.
(26) l lot els.
(27) Motels.
(28) 1 odgim, and boarding houses (includfiig, bed-and-breaki'ast establishlI'lents),
(29) N'tolion-picture lheatcrs,
(3(t) MUSCLIMS.
(31 ) Nightclubs.
(32) Recreation centers.
(3,3) ResuWrants.
(3 4) "Siting rinks,
(35) Theaters.
(36 ChUI-CheS. SVMIgOgUCS 'Ind slip liar places of worship,,
(37) Schools, collcgcs and sindlar placc-s of'edUCAfiOII irlClUditlg C101-111itOric,".
(38) Outpatient clinics,
t'39) Day-care ceriters.
(40) Airy htlildiiig in which cluld care is provided I'or hire for more thart diree children
unless smokc docctors are provided in all r0orris of the facilily (except kitchens,
bathromus, and enclosed closets, cd 50 square feet or less iii area). in which event
no sprinkler systern shall be required miless child care is provided Rv hire for
IWrQ than 14 children, The excep6ons permitted by this subscction shall not alter
the requirements tor sprinkler systems in &iy-care centers, JAmended 10-1-1990
by L.L. No. 10-1990; 11-7-1995 by L.L. No. 11-19951
(41 ) Clinics.
(42) Hospitals.
(43) Infirmaries,
(44) Sanatoriums.
(45) Boathouses.
(46) Nursing homes.
225:3 09 -01 - 2012
§ 22�3 ITHACA (TWH,,' 2215
(47) Nightclubs,
(48) Givup Knes.
(49) HalWay houses.
(50) (Reserved),
(51) Any Wher buddirips, exaT; detadwd one- and two-fairtily dwc1lings, the use of'
which includes 1CgUhir OVO-night sleqiing by human (woWamm jAntended
11-151988 by U. Non 1519881
B. KhAwWanxiing the requirunuas (I Subsection A ahove, detached residc-ritial garages
and residential accessory hUlildings, including those associ,'ited with one- car two-faiudy
dwellings or u1WAi0C-1'fvnQ dwellhigs, repudEss (W size, are not required to have.
sQ11er "Ntemw jAdded 8-13-2012 by 1.1. W 10-20121
§ 225-4. Building bean t,
A. No budding pant AaH he issued lbr the awswuXon of any new building, woure or
1101-li011 RXILured to have an approved sprinkler system pursuaw to this chalmer unless an
approvixi sprinkler system is includal in the Qns AW SUCh CODS11-LICIA011 StibluittCd 161- the
budding powth.
B. If an applicalion f(m, a building pannt for repairs, conversions, alterations, additions to,
or for rernoval of an cxktkg budding is subinhied; and the buildit, upon conM106a of
the work Wr which the hudding perind is sought, is, or will he a iludding li'sted in
§ 2251; and hay reason of the vank klenti5al in the buiMhW poSt apphem&L the
entire WHIng would nonnally dwreaher have to he in conVIhince with Wxhapwr 13 of
the, New York State I.Jniforin Firc PrevMW arul Buikhng Ude (w any sirnihu- successor
stat-oite (ag, if the cost of aherahons exceeiris 50%o (it' the replaccirw�nt cost o)f the
lnlildiulx), SUCII buildingism adt shal-I not be issued unless an appmwed sprhkkr systema is
included in the plans for the Nvmt suhnSted fbr We bun dhig lemic jAinended
9434999 by U. 15. E119"I
§ 225-5. Certificate of occupancy.
No cerlificatc ofoccupancy slid]] be isawd Rm (waWanc.), or use, ofany building, StrUdUrc, or
por1% Wercok required to have an aplm(xved sprinkler SYSIOn WACSS such System is inslaUeki,
inspected. tested and approved to the swisibc-tion of the 1`own of dhaca JhUdUng Impalor,
1. Fditor'% NowtcOriginal Subdhisiwi 00Y Ono mid too-Mmi" ducHWgy mas apealed 14151988 4 1-1.. No,
101 9SK
2, NoleOilonid SMWn 4, LxWhW ImUT"s rqAwd W hWoU stirkilder "Memo as ammWW. mhkb
hninvdiatelc fiAlo"ed this suhsvctk)n,rias retwuNd 94510:09 by LA. No 849W
225:4
§ 225-6 SPRINKLER SYSTEMS § 225-6
§ 225-6. Exception. [Amended 4-12-2010 by L.L. No. 3-20101
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.
225:4.1 09-01-2012
§ 270-5 ZONING § 270-5
BUILDING CODE — The New York State Uniform Fire Prevention and Building Code (9
J 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. 13-20081
BUILDING, PRINCIPAL — A building within which is conducted the primary uses of the
lot on which the building is located.
CARPORT— See "garage." [Added 8-13-2012 by L.L. No. 11-20121
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 day-care home.")
CLEAR-CUTTING — A method of cutting, removal or harvesting that removes 50% or
more of the trees of six inches or more in diameter at breast height in any area of more than
one acre on a parcel. [Added 3-12-2012 by L.L. No. 3-2012]
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 Iocated. 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
270:11 09-01 -2012
§ 270-5 ITHACA CODE § 270-5
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. 7-20051 _
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. 14-20091
DIAMETER AT BREAST HEIGHT -- The diameter of a tree 4 112 feet above ground
level. [Added 3-12-2012 by L.L. No.3-20121
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. 10-20091
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 Iot 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.
(2) Horse training.
(3) Leasing of horses.
270:12 09-01-2012
i
§ 270-5 ZONING § 270-5
r (4) Boarding of horses.
270:12.1 09-01-2012
§ 270-5 ZONING § 270-5
FENCE or WALT. — 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. 14-20091
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. No. 10-20111
GARAGE — A portion of a building, or a detached covered building, designed to be used
primarily for storage of automobiles and other similar motor vehicles. For a garage that is part
of a building, the garage use must be subordinate and clearly incidental to the use of the rest
of the building. For a detached garage, the garage building must be subordinate and clearly
incidental to the principal building, and be located on the same lot as the principal building
except as otherwise specifically permitted by this chapter. [Amended 8-13-2012 by L.L.
No. 11-20121
GRADE PLANE — A reference plane representing the average of the finished ground Ievel
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 Iine 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.
13-20091
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. 10-20091
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
270:15 09-01-2012
§ 270-5 ITHACA CODE § 270-5
feet. This permitted increase shall not apply when the measurement is from any other floor, f
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. [Amended 6-12-2006 by L.L. No. 9-20061
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.
IMPERVIOUS SURFACE — Any paved, hardened or structural surface which does not
allow infiltration of water. Such surfaces include, but are not limited to, impervious streets,
driveways, parking lots, and tennis courts, buildings, and swimming pools. [Added
5-7-2012 by L.L. No. 8-20121
LOT — Any area of land bounded by property lines which is not divided into parts by a
public road or railroad. Each part of any area so divided by a road or railroad is considered an
individual lot for zoning and subdivision purposes, but any further division of any such part
shall occur only upon compliance with the applicable regulations of Chapter 234, Subdivision
of Land, of the Code of the Town of Ithaca. [Amended 1-9-2006 by L.L. No. 1-20061
LOT AREA -- The area of a lot, excluding any portion of a public highway right-of-way
that may be included within deed description of the lot.
LOT DEPTH— The distance between a point on a public highway right-of-way line and the
rear of the lot measured perpendicularly from the street line. A lot need meet the minimum
270:16 09-01-2012
§ 270-5 ZONING § 270-5
r 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
270:16.1 09-01 -2012
§ 270-5 ZONING § 270-5
' 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 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. 5-20051
TIMBER HARVESTING — The cutting, removal, or harvesting of timber or trees.
[Added 3-12-2012 by L.L. No. 3-20121
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. 14-20091
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. 10-20091
WATERSIDE— The lake side of the ordinary high water line. [Added 7-13-2009 by L.L.
No. 10-2009]
WETLAND — Any area that is inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances does
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
[Added 3-12-2012 by L.L. No. 3-20121
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. 13-20081
WOODSHED — An accessory building used exclusively for the storage of firewood and
which has at least one side that has no wall. [Added 8-13-2012 by L.L. No. 11-20121
YARD— An open space on the same lot with a building, unoccupied and unobstructed from
the ground upward except as otherwise permitted herein.
270:21 09-01 -2012
§ 270-5 ITHACA CODE § 270-6
YARD, FRONT — The yard between the street right-of-way Iine 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. 6-20071
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. 6-20071
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; 14-2011 by L.L. No. 1-201.11
Conservation Zones
Agricultural Zones
Lakefront Residential Zones
Low Density Residential Zones
Medium Density Residential Zones
High Density Residential Zones
Mobile Home Park Zones
Multiple Residence Zones
Neighborhood Commercial Zones
Office Park Commercial Zones
Community Commercial Zones
Vehicle Fueling and Repair Commercial Zones
Lakefront Commercial Zones
Light Industrial Zones
Industrial Zones
Planned Development Zones
Areas of Special Flood Hazard
Special Land Use Districts (Limited Mixed Use) - In accordance with and pursuant to
Local Law No. 2-1984
Special Land Use District No. 1 - In accordance with and pursuant to Local Law No.
3-1984 [Wiggins]
Special Land Use District No. 2 - In accordance with and pursuant to Local Law No.
4-1984 [Sapsucker Woods]
270:22 09-01-2012
§ 270-15 ZONING § 270-17
(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.
C. Side yards: Each not less than 50 feet.
r
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, and
other than woodsheds meeting the requirements of Subsection H below, may not occupy
any open space other than a rear yard. The total lot area covered by nonagricultural
accessory buildings (including garages and woodsheds) may not occupy more than 1,000
square feet of any required rear yard. Accessory buildings other than garages shall be not
less than 50 feet from any side or rear lot line. [Added 8-13-2012 by L.L. No. 11-20121
G. Garages: An attached or detached garage may occupy any yard provided that it shall be
no Iess than 50 feet from the front property line, no less than 50 feet from a side line,
and no less than 50 feet (detached garages) or 200 feet (attached garages) from a rear
line. All detached garages in the aggregate shall not exceed a total of 600 square feet in
size. Detached garages shall be included in the calculations of nonagricultural accessory
buildings that, in the aggregate, may not occupy more than 1,000 square feet of any
required rear yard. Notwithstanding the foregoing, the following shall apply: [Added
8-13-2012 by L.L. No. 11-20121
270:29 09-01-2012
§ 270-17 ITHACA CODE § 270-20
(1) A one-story detached 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 Ieast one garage bay on each
lot, and further provided that the garage meets the front property line setback
requirement above.
(2) Where the average natural slope of a lot exceeds 8% rise or fall directly from the
street line, a one-story detached garage capable of 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.
H. Woodsheds: A woodshed which has no more than 100 square feet in floor area and the
highest point of which is no more than 10 feet above ground level may occupy a side
yard, provided that the total storage space of all woodsheds in a side yard shall not be
more than 1,000 cubic feet. A woodshed in a side yard shall be not less than 50 feet from
any side lot line. [Added 8-13-2012 by L.L. No. 11-2012]
§ 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 Iine 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
270:30 09-01 -2012
§ 270-20 ZONING § 270-22
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.
§ 270-22. AdditionaI 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
r ` 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 1110 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
270:30.1 09-01-2012
§ 270-22 ITHACA CODE §270-22
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, with
conserved areas clearly defined on proposed and approved site plans and
subdivision plats. Timber harvesting shall be subject to the requirements in
Subsection L below. [Amended 3-12-2012 by L.L. No. 3-20121
(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.
(3) Nonnative invasive species shall not be planted and, if present on a site, they may
be removed by the site owner or authorized agent. [Added 3-12-2012 by L.L. No.
3-20121
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 ridgeIines 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.
(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.
270:30.2 09-01 -2012
§ 270-22 ZONING § 270-22
tl I. The following shall apply to drainage:
(1) The Planning Board may require the preparation and submittal of a stormwater
management plan, to be approved by the Town Engineer, for proposed special
approval uses and for proposed subdivisions.
(2) Existing natural drainageways should be retained where possible.
(3) In cases where a retention basin will be required, a landscaping plan shall be
prepared and submitted for the Planning Board's approval. Basin landscaping
materials that enhance wildlife habitat shall be used to the extent practicable.
J. The following shall apply to lighting:
(1) Street lighting shall be provided only where site-specific safety conditions warrant.
(2) Where street lighting is required, its location, type, and intensity shall be subject to
the PIanning Board's review and recommendation to the Town Board for approval.
(3) All approved street lighting must comply with the requirements of the Outdoor
Lighting Law, Chapter 173 of the Town of Ithaca Code. [Added 10-16-2006 by
L.L. No. 12-20061
K. Whenever a subdivision of land or a site plan 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 and site plans. [Amended 3-12-2012 by L.L. No.
3-20121
L. Timber harvesting. [Added 3-12-2012 by L.L. No. 3-20121
270:30.2.1 09-01-2012
§ 270-43 ZONING § 270-46
-` 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. 10-20091
§ 27044. 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.s
[Amended 7-13-2009 by L.L. No. 10-20096 ]
§ 27045. Height limitations. [Amended 7-13-2009 by L.L. No. 10-20097 ; 8-13-2012 by
L.L. No. 11-2012]
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 other than garages shall in no case exceed 20 feet in height,
and detached garages shall in no case exceed 15 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. 10-20091
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. 10-20091
5. Editor's Note: Former Subsection B,Home occupation,was repealed 2-I2-2007 by L.L.No. 1-2007.This local law also
provided for the renumbering of former Subsection C as Subsection B.
6. Editor's Note: This local law also repealed former § 27045, Accessory structures and uses authorized by special
permit only,which immediately followed.
7. Editor's Note:This local law also redesignated former§§27046,27047,27048,27049,270-50,270-51 and 270-52 as
§§27045,27046,27047,27048,27049,270-50 and 270-51,respectively.
270.45 09-01-2012
§ 271146 rnIACA C0DF.' § 27046
C. Side )Yrds: Each not less than 20 fect. in wid(h. jAniended 8-13-2012 by L.L. No.
11-211171
D. Greater yards: Nolwillislanding he forcgoing, any spccial yard rcquirernents for specific
uses or buildings so firth e1scwhere in this c'hapter shall, if' more resirictive, supersede
he above yard provisions.
l'- Accessory buildings. �jkmended 8-13-2012 by L.L. No. 11-20121
(1 ) In LakeMms Residential Zonec accessory huHdhTs odwr ban garages niay
ocaTy any ymd. Accessory buildings Acludirrig garages), in the aggreg
ale, May,
occupy not marc than 152, of any requinxi Own, side or rear yard and, if' c4her
than a garage, Wd! be not less than 30 1'1'0111 the front PFO[mlly line, 1101- less
than dirce fbel florn any Ode or raw lot line,
(2) Where the, avemge naurt-al slope of as kq exceeds 820 We or III dkeedy fhnn the
sired line, as one-slory accessory building may [)c located not less than fivc feet
from said street line, provided a garage is m lou led in the same yard, and Wi1wr
provided a special apl',novaj is j1ecCi,%rcd fi,oul JJW 13oard ol'Appeals,
(3) VV!wrc apphzabk. the addhkmal setback reqUirCITICAIS Of'SUbSOC6011 F belca%v slash
also apply,
F. Minim un) setback frorn shoreline: NolwithmamiNg the foregoing, any principal bUrlding,
parking area, cabana, gazebo, boalhouse or other accessory SIRICtUrC (but excluding such
uncovered fiacifilies as dmils, piers, wharves, sea w,',flls, boat ramps aintl moorings, and
covoW and urrawaal bmit Hs and boat hok(s) shall be located at least 25 f"cel alland
him dw ordinary high water line of the shoreline except whet-c; a twenty-five-Rxx
setback is not possible beantse of clMY or emimmkments. In such shualkins, accessory
snuctures rnay be Kawd no chscr to the shoreline than l feet inland fron) the ori finar Y
high water line of the shorelke, provided all of the f'ollowing are ntet: 1I A mended
7-13-2009 by L.L. No. 10-20091
(1) -Tlw structure does not exceed I W.) S(JUare rcet in size,
(2) Ile structure is user l mo fW surage Wor as as chanong arut and cxmurias no
habitable space, and
() Snocnaes located within an area of Special flood hazard, as established ir) § 157-6
(-A, the Town of, Ithac'a Code, receive as development permit 1)ursuant to Chaaptcr
157, 11c,od Damage INvvemiim, of the Town or hhaca (Ode and oxordy with 01
apoicable recruh-emms of the New. Ywk State UNWin Rre Prevent% and
Ruildhg We.
U Where she plan approval iS rCCIUired ek;ewherc in this chipl cr for at developnient or
aclivhy. the she rflan review shall include review Oaf"the adequacy, location, arrangenicift,
sir, dmign and general she compaWhy of prilmmed snucture, hwhWing piers. docks,
wharves, sea Nvalls, boat lifts, boat hoists, boat ranips and inoorings, The I'llanning Board,
chuhng, she pin review, may establish as rnirrinturri soback or premer Man 25 141 hvin
he oahmay high water line based on clue conOderation by the f3oard of the preso-vation
and protection (W sensitive environmental Natures and the maintenance of the wooded
27006 09 -01 - N112
§ 270-46 ZONING § 270-48
'+ character of the shoreline area (if applicable), as well as scenic views and vistas. Where a
i' 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. 10-20091
H. Garages: An attached or detached garage may occupy any front or side yard provided
that it shall be no less than 30 feet from the front property line, nor less than 20 feet
from a side line. All detached garages in the aggregate shall not exceed a total of 600
square feet in size. Notwithstanding the foregoing, the following shall apply: [Added
8-13-2012 by L.L. No. 11-20121
(1) In one of the side yards, a one-story garage, either attached to the principal
building or separate therefrom, may be no less than 15 feet from a side line which
is not a street line.
(2) Notwithstanding the foregoing, a one-story detached 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, and further provided that the garage meets the
front property line setback requirement above.
(3) Where the average natural slope of a lot exceeds 8% rise or fall directly from the
street line, a one-story detached garage capable of housing not in excess of two
cars may be located not less than five feet from said street line, provided an
accessory building is not located in the same yard, and further provided a special
approval is received from the Board of Appeals.
§27047. 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.
§27048. 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
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. 10-20091
E. Minimum depth from the highway right-of-way shall be 150 feet.
. i
270:46.1 09-01-2012
§ 270-49 ITHACA CODE § 270-53
§ 27049. Special properties.
In the case of publicly owned properties located in Lakefront Residential Zones, which
comprise at Ieast 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 EnvironmentaI Conservation and the United States Army Corps of
Engineers.
§ 270-52. (Reserved)
ARTICLE VIII
Low Density Residential Zones
§ 270-53. Purpose.
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
1
270:46.2 09-01 -2012
§ 271153 ZONIN(J § 271154
development and pernih the posAhHHy of cartubmed agricultural use of the nreas Without
linuiing, the areas to solely"grAthural uses.
§ 270-54. Permitted principal uses.
Only the 1611owirig buildings or uses are perinhied as a matter of right A a L,ow Dmisily
Residential Zone:
A� A one-family dwelling to be occupied by no more than:
t,1'p One flandly, or
(2) One fimily plus no rwov than one lmmrdm% rNmer hdgm (w other occupam,
B, A dwclliqt provided that:
(1 ) Fach dwell[ing unh k"cuped by no more than one family; ,and
(2) Thc floor area cd the secoml duvlhng unit is not nwwc than 505, (&the Hoor area
excluding the Imsen,icni of the p6nmUdwelling unit except where tile second
dwdlkg unk is construmd entirely Min the basement area, it may cxceed 5011,a).
CNursery or farm, except as hog fal,111. On-site retail Sales of Farm and nursery' products
sharp be subject to the provisions of § 270-56111 helov, thual Irm buHWngs are
pelubtled, pmWed dm
I p Any building, ill which farm animals are kept shall be at least 100 feet from ally lot
Ile or mrmi rightwimmy.
(2) Not manure shall he morcd within 100 tM ofany lot late or sireel rig Ill-oflway
DPubhdy ommul park (w playground includirig accessory BMWs ami hIrmernmus.
"70:46.3 W -0 -M2
§ 270-57 ZONING § 270-58
' § 270-57. Accessory buildings and uses authorized by special approval only.
The following accessory buildings or uses are permitted in a Low Density Residential Zone,
but only upon receipt of a special approval for same from the Board of Appeals in accordance
with the procedures set forth in this chapter:
A. Elder cottages pursuant to, and subject to, the provisions of§ 270-216 of this chapter.
B. A second dwelling unit in a building other than the principal building, provided that:
(1) All of the general criteria set forth elsewhere in this chapter for the issuance of a
special approval have been satisfied;
(2) The location of the second dwelling; and the building in which it is located, does
not adversely impact in any significant manner the adjoining neighbors;
(3) The building containing such second dwelling is Iocated 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.a
§ 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.
8. Editor's Note:Former Subsection C,home occupation,was repealed 2-12-2007 by L.L.No. 1-2007.
270:49 09-01-2012
§ 270-59 ITHACA CODE §270-60
§ 270-59. Height limitations. [Amended 8-1-2005 by L.L. No. 7-20051 f
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, [Amended 8-13-2012 by L.L. No.
11-2012] -
f
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, and other than woodsheds meeting the requirements of Subsection G below,
may not occupy any open space other than a rear yard. Accessory buildings (including
garages and woodsheds), 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. Any accessory building, other than a garage, on a corner lot shall be
not less than five feet from the rear lot line. [Amended 8-13-2012 by L.L. No. 11-20121
F. Garages: An attached or detached garage may occupy any yard provided that it shall be
no less than 30 feet from the front property line, no less than 40 feet from a side line,
and no less than 50 feet from a rear line. All detached garages in the aggregate shall not
exceed a total of 600 square feet in size. Detached garages shall be included in the
calculations of accessory buildings that, in the aggregate, may not occupy more than 15%
of any required rear yard. Notwithstanding the foregoing, the following shaII apply:
[Added 8-13-2012 by L.L. No. 11-20121
(1) In one of the side yards, a one-story garage, either attached to the principal
building or separate therefrom, may be no less than 15 feet from a side line which
is not a street line. In the rear yard, a one-story detached garage may be no less
than five feet from any side or rear lot line.
270:50 09-01 -2012
§ 270-60 ZONING § 270-62
(2) A one-story detached 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, and further provided that the garage meets the front property line setback
requirement above.
(3) Where the average natural slope of a lot exceeds 8% rise or fall directly from the
street line, a one-story detached garage capable of 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.
G. Woodsheds: A woodshed which has no more than 100 square feet in floor area and the
highest point of which is no more than 10 feet above ground level may occupy a side
yard, provided that the total storage space of all woodsheds in a side yard shall not be
more than 1,000 cubic feet. A woodshed in a side yard shall be not less than three feet
from any side lot line. [Added 5-13-2012 by L.L. No. 11-20121
§ 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:
A. Minimum lot area shall be at Ieast 30,000 square feet; and
B. Minimum width at the street Iine 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.
C
270:50.1 09-01 -2012
§ 270-68 ZONING § 270-69
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. 1-20071
I. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in
§ 270-219.3. [Added 8-13-2007 by L.L. No. 7-20071
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. 13-20081
§ 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:9
(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
9. Editor's Note:former Subsection}l,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 1)as Subsections B and C,respectively.
270:53 09-01-2012
§ 270-69 ITHACA CODE § 270-71
(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 Iowest interior grade or 36 feet in height from the lowest
exterior grade, whichever is lower. No structure other than a building shall be erected, altered,
or extended to exceed 30 feet in height. Accessory buildings shall in no case exceed 15 feet in
height.
§ 270-71. Yard regulations.
In Medium Density Residential Zones yards of at least the following dimensions are required:
A. Front yard: Not less .than the average depth of the front yards of buildings on lots
immediately adjacent. However, the front yard depth shall not be less than 25 feet or
need it be greater than 50 feet.
B. Rear yard: Not less than 30 feet in depth.
C. Side yards: Each not Iess than 15 feet in width. [Amended 8-13-2012 by L.L. No.
11-20121
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, and other than woodsheds meeting the requirements of Subsection G
below, may not occupy any open space other than a rear yard. Accessory buildings
(including garages and woodsheds), 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, other than a garage, on a corner lot
shall be not less than five feet from the rear lot line. [Amended 8-13-2012 by L.L. No.
11-20121
270:51 09-01-2012
§ 270-71 ZONING § 270-73
F. Garages: An attached or detached garage may occupy any yard provided that it shall be
no less than 25 feet from the front property line, no less than 15 feet from a side line,
and no Iess than 30 feet from a rear line. All detached garages in the aggregate shall not
exceed a total of 600 square feet in size. Detached garages shall be included in the
calculations of accessory buildings that, in the aggregate, may not occupy more than 40%
of any required rear yard. Notwithstanding the foregoing, the following shall apply:
IAdded 8-13-2012 by L.L. No. I1-2012]
(1) In one of the side yards, a one-story garage, either attached to the principal
building or separate therefrom, may be no less than 10 feet from a side line which
is not a street line. In the rear yard, a one-story detached garage may be no less
than five feet from any side or rear lot line.
(2) A one-story detached 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, and further provided that the garage meets the front property line setback
requirement above.
(3) Where the average natural slope of a lot exceeds 8% rise or fall directly from the
street line, a one-story detached garage capable of 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.
G. Woodsheds: A woodshed which has no more than 100 square feet in floor area and the
highest point of which is no more than 10 feet above ground level may occupy a side
- ' yard, provided that the total storage space of all woodsheds in a side yard shall not be
more than 1,000 cubic feet. A woodshed in a side yard shall be not less than three feet
from any side lot line. [Added 8-13-2012 by L.L. No. 11-20121
§ 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.
r
270:55 09-01 -2012
§ 270-74 ITHACA CODE § 270-77
§ 270-74. Special properties. `7
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.
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. 1
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.
270:56 09-01 -2012
§ 270-77 ZONING § 270-79
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. 13-20081
§ 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 Iine of any adjoining owner.
f
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.
I. 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.
270:57 09-01-2012
§ 2711.79 uri I ACA CODE,' § 271182
C. Up to three accessory bufl&Ts (4her, than a garage, aH such acccssory buikhngs V the
,iggreg,ate not to exceed a total of'600 square feet in size unless the kA is three <acrcs or
largeL in which event the aggregatc area of the accmsory huilding rnay not exceed 2,000
square feet,
EK A temporary building Or commove (w Wdusny, where such buikfing is necessary or
incidental to the deve1q)ment of as roidentiahwa. Such buddings may not be continual
Rw mawe than care year except upon receipt of a spechd iMpwval nun the Bmwd of"
Appeals.
fn The keeong of' lwusdRAd pets in a dweil-ing unit or other location ii(tjaccrit W or
accessory to a dum%g und (ag- outside doghousc, UQ pnwkkd that no nwrc than
three household pets shall he kyt ou"AR of dw&Kg units wdns as gwatu munher is
aLdhorized by special apyvwd of Ow Wag thmni of Awppeals.
F. SQns, as mAgulawd by Chapter 221, SQB, of the Ode of die Town of h1mca.
G. Home occupations, suliject to the limitations on hOnle OCCUpatiOnS SO lbrth fi-I
§ 270-2192, [Added 2-12-2007 by 1-1. No. 1-20071
11, Affla4c°r11- radiO IaCilniCs, suk�ject to the limitations on aniaton, radio facilities set fivih in
§ 270-219.3. jAckled M-13-2007 by W. AW 7-20071
1, Small wind energy facilities, suljecl to the HMIMS on sinall Wind energy Cacilflies wet
W in § 274219.4. jAdded 8-11-2008 by L.L. No�. 13-201;81
§ 27580. Accessory bididings and uws Mhorized by special approNal only.
Ile Rklowisig access(wy buildings or uses are pamded in as fligh Density Residential, Zone,
I)Lit only upon receipt (A'a special approval for same frorn the, Board of'Appeals in accorckinee
with the procedures set forth in this chapter:
A, F]der cottages pumum tm and sul"eci to, the provisions of § 2'70-216 of`this chapter,
11 Ofescrved)H)
§ 270-81. Height hinitations,
In Hi0i Density Residential /".canes~ no building shall be erecled, ahered, or extended to
exceed 38 feet in height From the lowest inlericw grade or 36 feet in height from the West
exterior grade, whichever is lower, No strUCtUrC 011,10- than a J)Uilding Shall I)e erCC1vd, altered,
or exwndod 10 CXCCCkI 30 fcvi ki hicight, Accessory Iniddings sliall ar no case exceed 15 feel in
heigW.
§ 270-82. Yard regiflations.
In Ifigh Density Residential Zones yards of at least the f6flowing dimensions are rC4jL1irC(f
IR Wmer WwOun W Hom ou"Mw mas upukd AT= ray H. Nm 14M7,
21158 M-01 - M2
§ 270-82 ZONING § 270-82
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. [Amended 8-13-2012 by L.L. No.
11-2012]
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, and other than woodsheds meeting the requirements of Subsection G below,
may not occupy any open space other than a rear yard. Accessory buildings (including
garages and woodsheds), 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, other than a garage, on a corner lot shall be
not less than five feet from the rear lot line. [Amended 8-13-2012 by L.L. No. 11-20121
F. Garages: An attached or detached garage may occupy any yard provided that it shall be
no less than 25 feet from the front property line, no less than 10 feet from a side line,
and no less than 30 feet from a rear line. All detached garages in the aggregate shall not
exceed a total of 600 square feet in size. Detached garages shall be included in the
calculations of accessory buildings that, in the aggregate, may not occupy more than 40%
of any required rear yard. Notwithstanding the foregoing, the following shall apply:
[Added 8-13-2012 by L.L. No. 11-20121
(1) In one of the side yards, a one-story garage, either attached to the principal
building or separate therefrom, may be no less than seven feet from a side line
which is not a street line. In the rear yard, a one-story detached garage may be no
less than five feet from any side or rear lot Iine.
(2) A one-story detached 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, and further provided that the garage meets the front property line setback
requirement above.
(3) Where the average natural slope of a lot exceeds 8% rise or fall directly from the
street line, a one-story detached garage capable of 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.
G. Woodsheds: A woodshed which has no more than 100 square feet in floor area and the
highest point of which is no more than 10 feet above ground level may occupy a side
yard, provided that the total storage space of all woodsheds in a side yard shall not be
more than 1,000 cubic feet. A woodshed in a side yard shall be not less than three feet
from any side lot line. [Added 8-13-2012 by L.L. No. 11-20121
270:59 09-01-2012
§ 270-83 ITHACA CODE § 270-89
§ 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.
§ 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.
r
l�
§ 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:
i
270:60 09-01 -2012
§ 25489 ZONIN(; § 2700
A.-Mobile homes, each to be oceupied by not rilore than:
(I ) (,-)lie ilarnily, or
(2) one family pWs no axwe ban two %rders, nxmners, lodgercm cat wr occupants,
13. Not nrorc than one onc-farruly dwelLing (other than a mobde hone) U) be occupied by no
nuwe than one family.
C. Publicly wAried park or playgmund inClUdiln-1 aCCeSSOrY bUildings and improvcruents.
1) Any IDLIDiCil),,11 Or pUbhC utility purposc necessary to the maintenance of mihy services
except that substatknis and shblar snuctures simll be sul�wject to the same setback
requirernems as apply to residences in the zone in which the substations or sindlar
s1ruclurcs are constructed.
F. Daycmv h(nnes, Wdly, day-care homes and group lanirly Clay-care hontes.
F'. ('01111BUM(N: reSideaCC.
G, Small wind energy WHO, subject to the himharims on sniall %vind energy fbeilities set
Wth in § 270-219A. jAdded 8-11-2008 by L.L. No. 13-20081
§ 270-90. Principal uses authorized by special perinit only.
The Rdhwirtg uses are pernutted in as Mobile Horne Park 20mic. bto only upon reSIX of it
specki pennit 10 sarne hinn the Plarrmhag Bo,,ird in accor(Lance with The proccdUres set forth
in this cimpw
X Child day-care cente'r.
§ 270-91. Perinitted acce,ssot-y uses.
Ile Alknving accessory"Abldings or uses are permbial as of right in a Mobile Home Park
Zonc�
AAL1101110bilC PM`kiXlg and garoges, subject to (lie further requirements ofthis article.
B. Snucturcs and open lzind l'or recreation, iIHMWMI IV Me by the residoms of the nxAAle
home park,
C Such areas and shodums as nray be necessary for housekeeping activities, such as a
C0111111011 laturdry or garden plols. The use of any such area or strucaue nmy be Med R)
residents of the mobric horric park,,
11 Skmmge buHdhgs for suvagc of bdmgkp of Ow residoUs of be moNle home park.
F! Maintenance buildings, storage buildings, and one central oUke bWkMT. all of which
must be utilized Solely in Connection with the operation of the mobile, horne park.
F. Conununity buildbg AW Use by the revideirts of1he inobile home park and flien, guests.
25461 W -M -N112
§ 270-91 ITHACA CODE § 270-94
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 --J
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]
1. 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. 13-20081
§ 270-92. (Reserved) 11
§ 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:
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
11. Editor's Note. Former § 270-92, Accessory buildings and uses authorized by special approval only, was repealed
2-12-2007 by L.L.No.1-2007.
270:62 09-01-2012
§ 27004 ZONING § 27W97
Unless M�JaCellt 10 a Wile honw, in which event the size of the yard a(tjaccTit to the
nuTHe We shall be relwal 10 the MinfinUrn yard size required 11or as inot)dc home
above.
C. In N%ile Elonic Park Zones accessory Iniddings may occupy any open space beyond the
m0mum yar,ds so SO Owe,
1). %twithmanditig the kwegoll any special yard reqUil-CITICTItS 1 )r spe6fic uses or
buildnigs set 01h elsewltere in His chapter shall, if more restrictive, supersede the above
yard proviskws.
§ 270-95. HiAlding area.
rhe maximum huildkg area shall rvin exceed 4W% of Be gross area of We moWIc home park.
Ilrqtcctiojis described in � 270--224 are not to he included in conrptifing the pavemagCd
§ 2759& Lot area.
F,'ach mobile honk lot shall have as mOrnwn ki area cwt" ,000 square feet 11he arrraangemeirt of
lots in fire park shall wrlowe the cnicicial development of land and permh the cmmudmit
access of emergency vehicles.
§ 270-97. Special requ i rerne tits.
NhOdc home pants shall bc subject to the following special re(jUh-C1ucn1S:
A. St-and kwatiom Tlic 5cmion of Be mwAhk Imne SIMO 011 each lot shall be identified on
the she plaii.
13. Anchors. the nwbHe home swnd shall he provided with anchors and c)ther fixtures
capable of securing and swbihAng he mobile horne, I'liese anchors sliall be placed at
least at each corner (W the nwbik hone stand.
C% Skirling. Each nukile, home (mna, "Oldn 30 days after he arriva.,fl of the inobile hotric
in be pail, sMH he required toou enclose the honom space between the edge of the nubile
horne and the rmfile home Mand %vdh as skin of rnetal, wood or oilier surtable material,
This skirt shall be pnTei-ly vulilated and securely attached to, the mobile lionic.
D. Park4j. Pattirtg rNpirernems shall be as set forth in Article XXVII,
Un Hunler yard, A bunir yard at least 50 fect vvide shAl be IwovicIcA around the perimeter
of be mifile home pak. No StrUCtUrCS we pertnitted in the bufla r yard and the ftinnii-ig
Board nosy rap.the Wt sortable, landscaping be pr(,,wided in order to crfiectivcly sere cil the
nwbile home park from acyacent properties, Parking spaces are not permitted in the
bit ffier yards.
F. Access drives and walkways. Access driNvs shall be pived with blacktop, concrete:;, or
other solid material. Drivcways and w�,dkw,ays shall provide saf`c, access, egress, and
tfaIffk- CjrCU1,AtjC)11 Within Be sUo Ile phicernent, size, and arrangement of access to
270W 09 01 -21912
§ 27YO7 IV LAC'A CUM § 27Y9S
putdic ways shall be sut�jcct to the appwal of the appirlmiate highwvay authority, Where
the dcllsity of populatioll or school bus routes inake it imcessary, sidewalks and bus,
shelters may be re(lLrired.
Ck ()pcn space and recrealion areas. The mobile hoinc park owner shall, provide recrewion
areas on ill(,, prcinkes, inchudirig but mH limhal to, play Hre<as, 'File Planning Board shill
rcn,,icw and approve A smh areas. Tell percent (I(Y"44) ol"Ille 'pross lot arca of tile rl�lobile
hotric park, exclusive of the area irservezi Rw hAhr yards, shall he perinancloly
ITI,a6itained as opcnl space,
IL Skri-age space. The nu hila: home park owncr shall provide storage space its convenient
locations for each inobile hon,w 10. This SUMWC Sf)'ACC "'IM11 1)C C(A]Mtned ill an enclosed
and sea are structured Several storage struclawes maty Ile located in a common. huilding.
Wire ,,infirilitu dimensions M' slawage spmv lier lot shall be eight I,ixt higli, eight feet
decil, and lour feet %v41c,
1. Screening of waste and refuseOne or I'llorc carat non areas shifll lie provided for the,
disf-wsid of \vastq Mae and recyclable;. 'rhese areas shall twain secure bins of as
Amble Mizin These irreas shall be screened f0m Mblic view by sirruNwry or at Me.
I Signy A shoe sign Rn the mobile home park is permitted, 11te size and other
characwrislics sharp be regulated by Otarster 221, Signs, of the Code of the "Fown of
Mc,
K. Operating permits, An operathg permit shall be rclOwd A all rnob& home pwks. This
perntil shall he renewabe 'ant-imally. The Code Friforcenient Officer shall inake I)c,,ricxfic
inspections of the rue bHe home park to docanine whether SUCh J)aris ill C01111fli8nCe
willt tile tcr�rus and Conditions of the pernin, the Zoning Ordinance and the site plan
appwaL The Ove For the operming penki sliall be so !Win dme to time lay Awn Bow-d
rcsolution. jAmended 12-7-2009 by L.L. No. 27-20091-2 1
1. HuHdAT pemid, N(AwithManding carry—cAher provision of this chapter of' the Building
Code, as buHdhg pel-riAl shMl he impAd Or each mobile hon-le all(For S11-LiCtUrC to be
shed or constructed.
§ 270-98. Site plan approvals.
No buillng pennh shall be issued A as structure in as MAHe thirne Park Me unless the
proposed structure is in acconInce %vhh it she plail approved by Ow PMnnWg Road anxi it'
required, by the 'Forlipkins OxInly Heahli Department. No subdivision of a mobile home park
she [Can is perindied withota apilrom or ow awn isma k1lowhy Planning Hond revQw.
No ahmaAm. amendment or chmige in as Mile hmne park sits plan is permitted ",rhout
approval ofific Planning Board.
12. Edilor'sNote: [his,local lain also proNiclvd for an vo"!five date of 1-4-2010
27164 09 -01 - 2012
§ 270-99 ZONING § 270-101
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 Iarge-scale development of these units to the extent that large areas of the Town
would be devoted to such use and single-family residences would be incompatible.
Accordingly, additional areas may be zoned as a Multiple Residence Zone upon application
for a specific proposal in accordance with the normal rezoning procedures. Generally, such
rezoning will be permitted only in areas where public water and sanitary facilities are
available, where public transportation may be readily available, and where other resources and
facilities that complement multiple residence occupancy are found. In reaching its decision on
whether to rezone to a Multiple Residence Zone, the Town Board shall consider the general
criteria set forth in this chapter, the most current Comprehensive or Master Plan for the Town,
and this statement of purpose.
§ 270-100. Permitted principal uses.
Only the following buildings or uses are permitted of right in a Multiple Residence Zone:
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. 13-20081
§ 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 Iaundry facilities are maintained but any such use must be limited to
residents of multiple dwellings.
270:64.1 09-01-2012
§ 270-101 ITHACA CODE § 270-102
D. Storage buildings for storage of belongings of the residents of the Multiple Residence f
Zone.
E. Maintenance buildings and one central office building, all of which must be utilized
solely in connection with the operation of multiple-family dwellings in the Multiple
Residence Zone.
F. Community building for use by the residents of multiple-family dwellings in the Multiple
Residence Zone and their guests.
G. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number is
authorized by special approval of the Zoning Board of Appeals.
H. Home occupations, subject to the limitations on home occupations set forth in
§ 270-219.2. [Added 2-12-2007 by L.L. No. 1-20071
I. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in
§ 270-219.3. [Added 8-13-2007 by L.L. No. 7-20071
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. 13-20081
§ 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.
r
r
270:64.2 09-01-2012
§ 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9
rezoning provided by this section and receipt of all other requisite approvals by the
Town of Ithaca and Tompkins County; and
(4) The proposed project will:
(a) Contribute to the variety of housing styles and patterns of development
available in the Town;
(b) Develop and model a neighborhood design for pedestrians, with minimal
traffic, attractive landscaping, and safe play areas for children;
(c) Utilize clustering to create an aesthetic, quiet and safe neighborhood space to
help foster a sense of community;
(d) Utilize interior acreage for housing, which will allow preservation of better
agricultural soils, avoid strip-type residential development along roadways,
create a safer environment, preserve existing rural character and existing
views along roadways;
(e) Demonstrate the manner in which housing may be developed to conserve
energy and water, by utilizing passive solar designs, super-insulation, careful
landscaping for wind protection and low-flow water devices;
(f) Demonstrate how housing may be developed which conserves energy by
building smaller individual dwellings and concentrating otherwise-duplicated,
energy-consuming spaces into a community center or "common house";
(g) Demonstrate how meaningful open space may be preserved in conjunction
with construction of new housing at ordinarily-permitted densities.
B. Purpose. It is the purpose and intent of this section to allow, by creation of a Special
Land Use District, an opportunity for the implementation of the foregoing goals and
objectives in an environmentally and ecologically sound manner.
C. Amendments to Zoning Ordinance. The Zoning Ordinance of the Town of Ithaca, as
readopted, amended and revised, effective February 26, 1968, and thereafter further
amended, be further amended as follows:
(1) Addition of Special Land Use District No. 8. Article H, Section 2, of the Town of
Ithaca Zoning Ordinance16 is amended by adding to the permissible districts
itemized in said section a district designated as "Special Land Use District No. 8."
D. Principal use regulations and definitions. In Special Land Use District No. 8 (the
"SLUD"), the following areas, as shown on document "EcoVillage Site Usage Areas
2012" on file with the Town of Ithaca Planning Department, are defined with their
permitted uses and applicable definitions: [Amended 4-7-2008 by L.L. No. 7-2008;
9-10-2001 by L.L. No. 4-2001; I1-8-2010 by L.L. No. 6-2010; 7-11-2011 by L.L. No.
7-2011; 8-13-2012 by L.L. No. 9-2012)
16. Editor's Note: Numbering refers to the Zoning Ordinance as it existed in I995,when this section was adopted.See
now§270-6.
271:26.1 09-01 -2012
§ 271-9 ITHACA CODE § 271-9
I. Natural Area: This area is a permanently preserved natural, open space with the
following permitted uses: forest, natural succession, forest management including
logging in accordance with good forest management practices, no more than one
retreat cabin not exceeding 500 square feet in floor area (unless up to two
additional cabins are authorized by the Planning Board), outdoor areas for
aquaculture, constructed wetland or other water cleansing demonstration projects,
an auxiliary utility building, gardens, walking trails, and other similar
non-intrusive types of uses. Structures other than related to the above are
prohibited in the Natural area. For the purpose of this section, "aquaculture"
means use of ponds for agricultural production to demonstrate how natural
ecosystems can produce edible plants, fish and other aquatic species for domestic
noncommercial consumption.
II. Agricultural Area: Permitted uses shall include all principal and accessory
agricultural uses (except residential uses)-set forth below, except as the same may
be limited by other restrictions placed upon the land by EcoVillage of Ithaca, Inc.
or others.
III. Residential Area: This area will be allowed to contain up to 150 dwelling units in
up to five neighborhoods. Each neighborhood shall consist of a minimum parcel
of five areas of land. Subdivisions of land (as defined in the Town's Subdivision
Regulations) whether for sale, Iease or other transfer shall be permitted only
within the SLUD area designated as "Residential." In the Residential Area 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:"
(1) A one-family dwelling. A one-family dwelling may be occupied by not more than:
(a) One family, or
(b) One family plus no more than one boarder, roomer, lodger, or other
occupant.
(2) A two-family dwelling. A two-family dwelling may be occupied by not more than
two families and each dwelling unit in a two-family dwelling may be occupied by
no more than:
(a) One family, or
(b) One family plus no more than one boarder, roomer, Iodger, or other
occupant.
(3) A multifamily dwelling. Each dwelling unit in a multiple residence shall be
occupied by no more than:
(a) One family or
(b) One family plus no more than two boarders, roomers, lodgers or other
occupants.
271:26.2 09-01 -2012
§ 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9
r (4) Up to five community centers, also known as "common houses," which may house
f recreation, meeting, and dining space, children's playrooms, kitchen facilities,
common laundry facilities, and other accessory uses permitted in this Special Land
Use District and/or other community space, compatible with its purpose of being
an extension of residents' homes; provided, however, that the community center is
to be used primarily by the residents of the dwellings located within this Special
Land Use District. A community center may also house up to 15 dwelling units,
each of which shall be inhabited by no more than one family, or one family and
one boarder. At least one, but no more than one, community center shall be
constructed for each 30 residences, unless the Planning Board issues a waiver of
this requirement or limitation in the process of site plan review for good cause
shown.
(5) Special approval uses.
(a) The following uses but only upon receipt of a special approval for same by
the Board of Appeals in accordance with the procedures described below:
[1] Church or other places of worship, convent and parish house.
[2] Public library, public museum, public, parochial and private schools,
day-care center, and nursery school.
[3] Publicly owned park or playground including accessory buildings and
improvements.
[4] Nursing or convalescent home, or medical clinics.
(b) The application for approval of any of the foregoing uses shall be referred to
the Planning Board and no final action by the Board of Appeals shall be
taken until the PIanning Board has reviewed at least a preliminary site plan
and approved same. If the Zoning Board of Appeals approves same, and if
only a preliminary site plan was approved by the Planning Board, the matter
shall be returned to the Planning Board for final site plan approval. The site
plan approval process shall be as set forth in Article IX of the Zoning
Ordinance17 supplemented by the provisions of this section. No building
permit shall be issued unless the proposed structure is in accordance with the
final site plan approved by the Planning Board.
(6) Garden, nursery, of farm, except there shall be no hog farm where the principal
food is garbage and there shall be no commercial raising or sale of livestock or
fish. Sale of other farm and nursery products shall be subject to the provisions of
Section 18, Subdivision 7, of the Ordinance.18 Usual farm buildings are permitted,
provided that:
17. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 1995,when this section Fvas adopted
18. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 2001,when this section was amended.
t
271:27 09-01 -2012
§ 271-9 ITHACA CODE § 271-9
(a) Any building in which farm animals are kept shall be at least 100 feet from r
any dwelling or community center and any street right of way, and if
subdivision approval is obtained, at least 100 feet from any lot line.
(b) No manure shall be stored within 100 feet of any dwelling or community
center or street right of way, and if subdivision approval is obtained, within
100 feet of any Iot line.
(7) Any municipal, public or private utility purpose necessary to the maintenance of
utility services.
(8) Cemetery and the buildings and structures incident thereto, but only upon special
approval of the Board of Appeals.
(9) A roadside stand or other structure for the display and sale of farm or nursery
products incidental to farming and as a seasonal convenience to the owner or
owners of the land. Any such stand shall be located a minimum of 15 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 and shall not be operated more than eight
months out of any one year.
(10) Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca.
(11) Day-care homes and group day-care facilities.
(12) Group family day-care homes upon special approval by the Board of Zoning
Appeals pursuant to Section 77, Subdivision 7.19
(13) Bed-and-breakfast, as that term is defined in § 270-5.
(14) Solar collectors, subject to the provisions of § 270-219.1 of the Town of Ithaca
Code and to the provisions of Subsection N(2) below.
(15) Ground-mounted and freestanding solar collectors that provide electricity or hot
water to buildings on any of the lots in this Special Land Use District are permitted
as principal uses, with no restriction on surface area or height, provided that if the
total surface area of all the existing and proposed collectors on any one lot exceeds
1,000 square feet or the height of the proposed collectors and any mounts exceeds
20 feet when operated at maximum tilt, no building permit shall be issued for the
proposed collectors unless the proposed collectors are in accordance with a site
plan approved pursuant to the provisions of Article XXIII of Chapter 270 of the
Town of Ithaca Code.
19. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 1995,when this section was adopted. 1
271:28 09-01 -2012
271-9 P)NING: SPEC ML LAND USFI DISTRICTS § 271-9
IVConimercial Arca: In addition to all the uses :alto ed in the Rcsidermal Area
above, this are'a ri-lay also coril"IM the I011OWhIg [XlfldirgtS or uses, in up to Five
buildings, provided that the interior I'loor area IM arly bUildifIg ill fl)rS area shall
he no more than t,000 Square Icet per lloor, and provided Furtlicr that the total
floor area t,()r. all floors (exccpt a basement used solely for stora,,e) of aH
huddings in this area shall not exceed 7,000 square Ie,&
Artisanal food production, iTICILI(firig tile production, prcparation an(]
storage of f6ocl Coi sale in businesses such as as bakery, picobrcvvery or
cc minunity kitchen.
(2) Artisanal crafts and arts, including sinall CUStO111 ilIdUstrics where goods
re
, produced for sale on 1,rrcn'iiscs or rcpaa-ecI bN hand, USrIIg S111all SCaIC
tools or Cquipinem.
(3) Personal SCrViCC bLISiIICSSCS, including; barber, beautician, massage
therapist, personal WCIIIIeSS SlUdiO.
(4) Retail cstablislimcm for the sale of merchandise, including food., where
HICI-C is 110 OVCIIIIg,Iht OLOCIOM storage of inventorv.
(5) Restaurant, cof'Iec shop, histro, cafe.
((i) Busincss, prolessiona I or aIdnmnstral k/c officc, excluding a clinic.
(7) Any other lawful use, not otherwisc specifically referred to in this
Subsection, that both the Planning Board and fire Zoning Board of
Appeals find is substantially similar to a Use permitted as of right in thts
('omnict-cial Area aand docs not have grciner adverse effects upon traffic,
noise, 30- (10,1167, parking, or any other attribute reasonably rdexant, than
as USC I)CrIlIffled as of'right,
V. DO 11:1 H Ions, F'or purposes of' this § ?71-9, the following terms shall have the
following mcanlnps:
AR 111 ANAL. ---- Struill CLIStOM industry, with a workshop of no more than
1,000 squarc fect, whCrc goods arc produced or repaired by hand, using hand
tools or simill-scale table-mounied equipi-rient, and sulci or received on j,'wenlises,
'I fi.is also includes arts and CMlk StUdiOS LISM� equilm.)ent normally associated
with ineeh.,uucal trades.
PI(J)BRI:"WERY ..-- Small brewery )"Vilere the floor area is no larger Ilum 1.000
square feet.
I Accessory uses, Pertnilted accessory LISO in Special Land Use District No, 8 shall be
limited lo the following:
(I) (I)Ifice of' a resident doctor, cictitist, musician, cirgineer, teacher, lawyer, artist,
architect, coinputcr Consultant, softkva�ire consultant, or merriber ofollicr recognized
profession aind quasi-prOfeSSi011 \VhCre SLICh office is as 1.xirt of' the residence
budding provided that not metre than three additional persons not residing on the
premises may be employc(t
(2) Customary home, occupation.
271 :29 (P) -art - 20112
27 n9 IT1iACA OMW § 271-9
(a) A custornary 110111C Occupation (sudi as dressna<a hig. hair ciressing,
laundering. lumire awk0g, carpentry, eleciriezil, and plumbing work or
similar Ina rtual or rile'Chanical trade) operaled solely I-)y it resident of tire
dwelling provid"! that.
[11 No addhAwl person not residing on the prernises may be employed
therein; and
[21 No g(�:)ods t)r prodwis are publicly displayex.1 or advertised for sale, and
[3] There is no outside storage, and
[4] No noise, dust, chsoi%4 or Qw1kmabic cdor is exp erlerwed lwyond
the dx%,cIIirn,,t where such use is conducled.
M) Any of the above, mechanical trades that are cor-rdricted Or the home AwH be
conducted Whi Te conHnes of the dwo1bg or tine basement of the,
dwelling or in it garage area riot to exceed 200 square feet.
(3) Offices or occupatAis as set ArM in Subsection F.'(1) and (2) abow may be
comWed in Wc common limuse pmvWml:
(arjIle person or persurb comfuOing suh PININSiOrl Or h0nW OCCLrPatiOn is a or
are perinarient resicletits of the Spee call L-and 1. se District except, as to
prolOssions enumerated in Subsection F-'(1) above, no niore than one
addkjorwl nonresiderm person may lie employed by any one professional or
quasi-professionak and no mme Hmn Amr Whiorral nmureskletir persms, niay
be cruphyed W Me aggmgme by all of' the prulbsMoruls and
quasr-protisshonals occupying wort space in the common We; and
(b) No more than eight separate offices or work spaces are so occupicd in the
C0111111011 house: and
W) Ile aggregate space of A We oHkes and occupahn quices combined does
riot exceed 2Vof the Imal gross fkwr hamar of the cortinni horne; and
(d) No goods or ywoducts are publicly disphyewd or advenked tbr We; and
(c) Hicre is no outside storage, and
(f) No noise, dust, dkorder, or objonionable oclor is experienced beyond the
space where such occupation or use is conducted; and
(g) No (me Ake or node authmizai above shall be conductal in any space in
excess of 200 square feet.; and
(h) Ile total iwmba of (Ances or occupations so AM hi Subsection III ) and
(2) located anywhere in this Speck! WW Use District, whether in con-inion
houses or in residences, shall not in the aggregate exceed the nimiber of
dwelling units. (Lu, there sAll be no nwre home occupations or profcssional
offices authorized whhk the Special land Llsc District than if the property
271:30 09-01 - 2012
§ 271-9 ZONINO: SIIFCIAL LAND USF DISTRICTS § 271-9
were in as Residence District R,30), (Amended 9-10-2001 by L.L. No.
4-20011
(4) Off-street garage or pairkiilg space for the occupants, users arld employee,', ill
COMICCti011 With Uses spccificd above, but subject to provisions of Section 45 and
Section 69 oCthe Ordlwancc,-N, and subject to the other provisions ol'this section.
(5) A tciriporary bLlildillf', friar commerce or Indusiry, WflCrC such building is necess"iry
oi Bieldenial to the development ofthe residential area. Such buildings tnay riot he
continued for more than orIC YCM- CXCLjIt UpOn special approval of' the Board of
Appeals.
(6) Accessory buildings such as dov, houses, storage sheds, carports, gazebos, or other
small structures clearly ancillary and related to d%VCMIIg Uses in the Special Land
UJSe DiStl-iCt arncl SUlajCd to a111 Other provisions ol'this section.
(7) Hie keeping Ot' d0TIICSIIC aiiinials or [Owl ill accessory buildings, provided thit no
SLICII bUddill" SIM11 be flefl-er than 50 1ect to any other dwelling and shall be
located on land owned or leased by the person occupying the principal dwelfin to
NN'hiCh SLICII building is accessory, and I'Lu-1her provided that there shall be no
raising of f1jr-hearing, animals. keeping, oJ'horses f0i hire, oi- kennels for more Ikin
three dogs ovcr six inonflis old.
(8) Signs, as regulated by Chapter 221, Signs, of'thc (..'ode of,111C Town of,Ithaca.
F. Manner of land owncrship.
(I) I Ile property in this Special Land Usc District may be owned in the following
mariners:
(a) 1"ach dwelling unit may be owned individually by rilorc than one person or
entity (with or WithOUt as homeowners' association oi- similar body) provided
that Ilicre is compliance with (-l hitimcr 234, Subdivision of' Land, of the Ce
od
of,the 'I own of Ithaca (iilcludkW the CILISIer Subdivision rCgUIatiOIIS), or
(b) As a cooperative (where there is one enwy that okvits the land and Which
]cases Imid to Individwils who digin erect (hAvelling units oil the leased kand or
'%,here one entity owns the hind and all bUildfilgS WId leases specific dwelling
UrlitS and associated accessoi.v building,ls to individuals or fiamilies), or
M As as condommitun; and I A mended 9-10-2001 by L L N o. 4-20O 1,1
(d) Common kind, facifitics and infraSIFLIOUIV (roadkvays, water and sewer lines
and other infrastructure) may be owned by a separate corporation controlled
1) LcoVillage neiglibm'hoods. jAdded 9-10-2001 by
Ivy file residents of' aril
L.L. N(,,), 4-20011
(e) Opera land with or without budding structures may bc owned by the nonprofit
FcoVilkioe at Ithaca, Ince, jAdded 9-10-2001 Iry L.L. No. 4-20011
............................................
211. Editor's Not(-:� ssmubering ravvs to the/.oniim Orchnamc(,as it oisted in 1995,%twit this section mai adopled,
171 :3] 09 -err - 2012
§ 271-9 ITHACA CODE § 271-9
(2) Regardless of the manner of ownership, before construction of any improvements
anywhere in the Special Land Use District is commenced, except as otherwise
specifically provided by this section, a site plan for such construction shall be
submitted to and approved by the Planning Board.
(3) In the event land is to be owned by a cooperative, a final site plan, providing such
detail as is normally required for a subdivision and showing the dimensions and
location, in such detail as the Planning Board may require, of the proposed Ieased
areas, shall be submitted to, and approved by, the Planning Board before any
building permits are issued. The criteria for approval of such site plan shall be the
same criteria used by the Planning Board in approving site plans and subdivisions
set forth elsewhere in the Zoning Ordinance and in the Planning Board's
Subdivision Regulations (Chapter 234, Subdivision of Land).
G. Density limitations. There shall be no more than 150 dwelling units constructed within
this Special Land Use District. There shall be a maximum of 30 dwelling units per
neighborhood unless otherwise authorized by the Planning Board. For every eight
dwelling units, a minimum of one acre of land will be designated as part of the
neighborhood footprint, as defined in the approved site plan. [Amended 9-10-2001 by
L.L. No. 4-2001; 7-11-2011 by L.L. No. 7-2011]
H. Yard regulations. The minimum distance between buildings shall be in compliance with
the New York Uniform Fire Prevention and Building Code, except in the case of
multifamily dwellings in which case the distance between any two buildings shall be no
less than the height of the two buildings when averaged together, or 20 feet, whichever is
greater. [Amended 9-10-2001 by L.L. No. 4-20011 '
I. Height regulations. In this Special Land Use District no building shall be erected, altered,
or extended to exceed 40 feet in height from the lowest interior grade or 40 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, the Planning Board may grant a special permit for construction of accessory
towers or community centers in excess of 40 feet, but in no event shall any structure (or
any appurtenant element of a structure) exceed 60 feet in height. [Amended 11-8-2010
by L.L. No. 6-20101
J. Lot coverage. No structure or structures, including accessory buildings or structures and
including parking area and other paved areas, shall be erected, constructed, altered or
extended to cover, in the aggregate, more than 10% of the land area within the Special
Land Use District or more than 50% of each neighborhood footprint. [Amended
9-10-2001 by L.L. No. 4-2001]
K. Parking. [Amended 9-10-2001 by L.L. No. 4-2001]
(1) There shall be provided paved parking, or parking spaces surfaced in such other
manner as may be approved by the Town Planning Board and the Town Engineer,
at a rate of at least 1 1/2 parking spaces for each dwelling unit plus one parking
space for each 500 square feet of enclosed building space in any community center
or commercial building. [Amended 8-13-2012 by L:L. No. 9-20121
271:32 09-01-2012
§ 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9
(2) Notwithstanding the foregoing, if the Planning Board determines that a reduction
in the required number of parking spaces will not adversely affect traffic flow on
the proposed site, will leave adequate parking for all of the reasonably anticipated
uses or occupancies on the site, and will not otherwise adversely affect the general
welfare of the community, such Board may authorize the minimum number of
parking spaces to be reduced by no more than 25%. If the PIanning Board permits
such a reduction, it may impose such reasonable conditions, including the
conditions set forth with respect to reductions of parking spaces in business
districts, as may, in the judgment of the Planning Board, be necessary to assure
that such reduction will not cause congestion, create undesirable traffic flows or
hazards, or otherwise be adverse to the general welfare of the community. In any
event, unless expressly waived by the Planning Board, such reduction shall be
271:32.1 09-01 -2012
1)L.-1 I)ISI)(--)Sl'l'f()N L,IST
Local Adoj�)tio"
L,aw No. Date StibJect Disposition
24-20()() 12-7-2009 Smer rents an.'iendnicni Ch. 210
25-2009 12-7-2009 SUbdiViSiOI) of kind amcndirient Ch. 234
26-2009 12-7-2(109 Water ratcs amcinfinent (11'h. 2 6 1
27-2009 12-7-2009 Zoning amendment ("h, 270
1-2010 1-,11-2010 Zoning amendment Ch. 270
2-2(11(1 4-12-2010 Vehicles and traflic: parking„ Ck 250, Art. HI
stop and vield intersections
amendment
4-12-2010 Building construction and firc Chs. 125-1 221; 225; 270
prevention anicridment; signs
amer dment. sprinkler systems
amendment, zoning aniendincrit
4-291101 7-12-2010 Streets and sidmalks: cxcavatjon Ch, 230, Art. I
and construction in municipal
roadways and Inghway
rights-of-way
5-2M01 S-9-20 10 Adoption ofcmployee retirement N(I"M
incentive, Part A
6-21110 11-8-2010 Zoning: spccia1 land use districts ('It. 271
aniendnicnt
7-2010 12-111-2(110 Animals: dog control and (11, 112, Ai—t. I
Ijccn,,,,Jng anwndment
1-2011 4-11-2011 Zoning amcn(fillent-I zonirlu': Chs. 270, 271
special land use districts
amendment
2-201 4-11-20 I zolulig anict'IdInew Ch, 270
3-2011 4-11-201 1 4011trig amendment Ch. 270
4-2011 5-9-20111 1 Records management repealcr Ch. 65, rcl'o-ence only
5-2011 6-13-2011 Property rn',nntenalicc Ch, 205
6-2011 6-13-20I Zoning anicridine,111 C. 270
7-2011 7-11-2011 Zoning: special land use districts Ch. 271
amendment
8-2011 7-11-20 11 Vehicles and traffic parkuig�- C"h. 250, Art„ III
slop and yield i ntei-sect io'n s
"Imendniclit
9_201 1 7-11-2011 Morawrikan NCM
1(1-201 1 7-11-2011 Zoning amendment Ch, 270
11-2011 S-8-2011 Zoning "Imendmerw Zoning, Chs. 270, 271
Zoning
special laud Use (fiStriCtS
amendirlen't
DL:5 09 -Or - 201!2
§ DL-1 ITHACA CODE § DL-1
Local Adoption
Law No. Date Subject Disposition
12-2011 10-6-2011 Tax levy limit override 2012 NCM
13-2011 10-17-2011 Vehicles and traffic: parking; Ch. 250, Art. III
stop and yield intersections
amendment
14-2011 11-7-2011 Code of Ethics Ch. 32
15-2011 11-7-2011 Zoning Map amendment NCM
1-2012 1-23-2012 Zoning: special land use districts Ch. 271
amendment
2-2012 3-12-2012 Zoning amendment Ch. 270
3-2012 3-12-2012 Zoning amendment Ch. 270
4-2012 5-7-2012 Zoning: special land use districts Ch. 271
amendment
5-2012 5-7-2012 Zoning: special land use districts Ch. 271
amendment
6-2012 5-7-2012 Zoning Map amendment NCM
7-2012 5-7-2012 Zoning Map amendment NCM
8-2012 5-7-2012 Zoning amendment Ch. 270
9-2012 8-13-2012 Zoning: special land use districts Ch. 271
amendment
10-2012 8-13-2012 Sprinkler systems amendment Ch. 225
11-2012 8-13-2012 Zoning amendment Ch. 270
12-2012 9-10-2012 Tax levy limit override 2013 NCM
DL:6 09-01-2012