HomeMy WebLinkAboutLL 08 of 2007 Lakefront Commerical Zone.doc
TOWN OF ITHACA
LOCAL LAW NO. 8 OF THE YEAR 2007
A LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA
CODE TO ADD WATER-RELATED EDUCATIONAL USES AND ADDITIONAL
YARD REGULATIONS TO THE LAKEFRONT COMMERCIAL ZONE
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270 (Zoning), Article III (Terminology) of the Town of Ithaca
Code, Section 270-5, entitled “Definitions,” is amended by adding the following definition for
“ORDINARY HIGH WATER LINE”:
“ORDINARY HIGH WATER LINE -- The line on the shore established by the
fluctuations of water and indicated by physical characteristics such as clear, natural line
impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial
vegetation, the presence of litter and debris, or other appropriate means that consider the
characteristics of the surrounding areas..”
Section 2. Chapter 270 (Zoning), Article XVIII (Lakefront Commercial Zones) of the
Town of Ithaca Code, Section 270-141, entitled “Principal uses authorized by special permit
only,” is amended by adding subparagraph F reading as follows:
“F. Institution of higher learning facilities principally dedicated to water-related
research, education and recreational activities, excluding dormitory
accommodations.”
Section 3. Chapter 270 (Zoning), Article XVIII (Lakefront Commercial Zones) of the
Town of Ithaca Code, is amended by adding Section 270-142.1 as follows:
“270-142.1 Additional yard regulations.
In addition to the yard regulations applicable to all Commercial Zones, the following
requirements shall apply to Lakefront Commercial Zones:
A. Minimum setback from shoreline: Any principal building, parking area, cabana,
gazebo, boathouse or other accessory structure, excluding such uncovered
facilities as docks, piers, wharves, sea walls, boat ramps, boatlifts, boat hoists and
moorings, shall be located at least 30 feet inland from the Ordinary High Water
line of the shoreline.
B. Where site plan approval is required elsewhere in this chapter for a development
or activity, the site plan review shall include review of the adequacy, location,
arrangement, size, design, and general site compatibility of proposed structures,
including piers, docks, wharves, sea walls, boat lifts, boat hoists, boat ramps, and
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moorings. The Planning Board, during site plan review, may establish a
minimum setback of greater than 30 feet from the Ordinary High Water line based
on due consideration by the Board of the preservation and protection of sensitive
environmental features, and the maintenance of the wooded character of the
shoreline area (if applicable), as well as scenic views and vistas. Where a site plan
exists, an approved modified site plan shall be required if any of the thresholds
specified in § 270-191 of this chapter are met, including but not limited to
proposed changes to or additions of piers, docks, wharves and similar structures
where such changes or additions meet a § 270-191 threshold.”
Section 4. In the event that any portion of this law is declared invalid by a court of
competent jurisdiction, the validity of the remaining portions shall not be affected by such
declaration of invalidity.
Section 5. This local law shall take effect upon publication of the local law or an abstract
of same in the official newspaper of the Town, or upon its filing with the New York Secretary of
State, whichever is the last to occur.
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