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HomeMy WebLinkAboutReCoding Ithaca Zoning Review and Approach Report 2017 Recoding Ithici Zoning Review and Approach Report February 2017 Town of Ithaca Planning Department 215 North Tioga Street Ithaca, New York 14850 Recoding Ithici Zoning Review and Approach Report February 2017 TownoofoIthaca 215 North Tioga Street Ithaca, New York 14850 TownoBoard: Bill Goodman • Town Supervisor | Rod Howe • Deputy Town Supervisor | Pamela Bleiwas | Rich DePaolo | Tee-Ann Hunter | Pat Leary | Eric Levine Planningohommittee: Rich DePaolo | Pat Leary | Rod Howe o o o o o o o o o o o o o o o o o PreparedobyotheoTownoofoIthacaoPlanningoDepartment Daniel Tasman • Senior Plannero Contributing: Susan Ritter • Planning Director | Michael Smith • Senior Planner | Chris Balestra • Planner oBackgroundoandoneedo 1 1.1 oProjectooverviewo 1 1.2 oReportoorganizationo 2 1.3 oUsabilityo 3 2.1 2.1.1 Unified development code 3 2.1.2 Organization 4 2.1.3 Look and feel 5 2.1.4 Language, style, and comprehension 8 2.1.5 Publication form 10 oZoneso 10 2.2 2.2.1 Conventional zones 11 2.2.2 Traditional neighborhood development (TND) transect zones 14 2.2.3 Institutional zoning 16 2.2.4 Planned development zones 18 2.2.5 Overlay zones 20 2.2.6 Zone names and identification 21 2.2.7 Zoning and plan implementation 22 oNeighborhoododesignoandodevelopmento 23 2.3 2.3.1 Building neighborhoods 24 2.3.2 Conventional development 25 2.3.3 Cluster development 28 2.3.4 Pocket neighborhood 29 2.3.5 Traditional neighborhood development (TND) and the transect 30 2.3.6 Street layout and design 31 2.3.7 Parks, civic areas, and open space 34 2.3.8 Housing variety and affordability 35 2.3.9 Subdivision review reform 37 oSiteodesignoandodevelopmento 39 2.4 2.4.1 Form-based regulations 39 2.4.2 Conventional development and site planning 41 2.4.3 Architectural design 44 2.4.4 Landscaping 47 2.4.5 Parking 50 2.4.6 Stormwater 52 2.4.7 Other site features 55 2.4.8 Use-specific standards 56 2.4.9 Nonconforming site features 57 oUseso 57 2.5 2.5.1 Use classification 57 2.5.2 Allowed uses 59 2.5.3 Use and context specific standards 63 2.5.4 Performance standards 63 2.5.5 Use review reform 63 oProcessoandoadministrationo 65 2.6 2.6.1 Code administration 65 2.6.2 Development review 66 2.6.3 Discretionary power and predictability 68 2.6.4 Vesting and expiration limits 70 oFormoIthacaoinitiativeo 71 2.7 o o o o 1 . The Town of Ithaca adopted a new comprehensive plan in September 2014. The Comprehensive Plan is the key policy document used to shape future growth and development in the town. The Plan envisions a community that combines the best of urban, suburban, and rural life to appeal to a broad range of lifestyles and lifestages – that as Ithaca grows, it gets better, not just bigger. The Plan has a holistic approach, recognizing that both human and natural habitats need diverse, complex, and healthy environments to sustain their inhabitants. The new plan, along with a “new normal” that’s changing how people interact with the places they live, work, and play, makes this the right time to rethink and retool the Town’s planning regulations. New York State Town Law §263 requires a community’s planning laws to be in line with its comprehensive plan. The Comprehensive Plan has 70 recommendations that need regulatory action – writing and adopting new laws – to implement. The Town can’t carry out the planning practices of today with a zoning and regulatory structure rooted in the 1950s. The Town needs a new development code to translate the Plan’s goals and policies into law. The new code must be easy to use and understand. Its standards and processes must be sensible, certain, and fair. It must communicate desired outcomes clearly and confidently. It must embrace new approaches that embody the Town’s inclusive and sustainable vision for the future. . This analysis and work plan is the first phase of Recoding Ithaca, a comprehensive update of the Town’s planning laws – the zoning code, subdivision code, and other related laws in the Town Code. This report takes a broad look at the Town’s various planning- related laws, and identifies ways to: • Make regulations easier to understand and apply. • Fix or remove regulations that are ineffective, vague, complex, or unnecessary. • Carry out new tools and best planning practices. • Remove barriers to desirable, high quality development. • Streamline development review, and ensure predictable, fair results. • Align standards with Comprehensive Plan goals and recommendations. Ithaca isn’t alone in upgrading a mid-century planning structure for one that better meets the needs of today. Many cities and towns across the United States and Canada perform a similar diagnostic and approach study before embarking on a new code. (See Chapter 6 for examples of other studies and update projects.) By reviewing current regulations, and setting out expectations for new practices, it lays out a smoother, more solid 1955 Town of Ithaca zoning map Zoning is the bridge between what we have now and what we would like to have in the future. Therefore, it must not become just "another regulation" whose main function is to perpetuate existing conditions. Rather, it must be a reflection of a comprehensive plan for future growth and development. — Ithaca Urban Area: A General Plan, 1959 2 path to a new code. It’s a different approach than how the Town pursued its last major zoning code update. This report is general in nature in some areas, and more specific in others. It can’t address every issue with the Town’s planning laws, or describe every possible solution. As work progresses on a new code, other issues will inevitably come up. The scope of this report shouldn’t limit the scope of change in a new code. Issues with current laws shouldn’t reflect poorly on those who wrote them. There hasn’t been a “deep level” update of the Town’s planning regulations for many years. Older codes will always have some inconsistency in style and substance, from changes made by different people. . Following this introduction, this report has four main parts. Chapter 2: Issues and approaches. This chapter identifies key findings and themes that emerged from review of the Town’s planning regulations and processes. Each theme has recommendations on how a new code can better address different issues. Chapter 3: Comprehensive Plan recommendations. This chapter lists relevant Comprehensive Plan recommendations, and how new planning regulations can carry them out. Chapter 4: Conceptual code outline. This chapter has a conceptual outline for a new unified development code (UDC) with all the Town’s various planning regulations. Chapter 5: Zoning resources. This chapter has references and links to modern zoning codes, zoning code rewrite projects, and other zoning-related resources on the Internet. Current zoning map, zoning code, and subdivision code. Generalonoteso • Ithaca refers to the Town of Ithaca, or the broader Ithaca community, depending on context. • Ithaca area refers the urban and suburban area at the south end of Cayuga Lake, and surrounding exurban and rural areas closely bound by employment, culture, and identity. • Town (capital T) refers to Town of Ithaca government. • town (lowercase t) refers to the geographic area of the town, outside the Village of Cayuga Heights. • Comprehensive Plan or Plan (uppercase P) refers to the 2014 Town of Ithaca Comprehensive Plan. • current planning regulations or codes refer to the chapters and sections of the Town Code regulating development (see §2.1.1). • LID: low impact development • LINU: light imprint new urbanism • PD: planned development (zone) • SEQRA: State Environmental Quality Review Act • SMP: stormwater management practice • TND: traditional neighborhood development • UDC: unified development code This report bases its findings and recommendations on the vision, goals, and policies of the 2014 Town of Ithaca Comprehensive Plan findings and goals; day-to-day experiences working with the Town’s planning regulations; and proven and emerging best practices in planning, urban design, and land use regulation. o 3 This report focuses on six broad themes as the basis for discussing current practices, and recommending new approaches. Each theme reflects a different aspect of planning regulation. • Usability (section 2.1) • Zoneso(section 2.2) • Neighborhoododesignoandodevelopment (section 2.3) • Siteodesignoandodevelopment (section 2.4) • Uses (section 2.5) • Processoandoadministration (section 2.6) . The Town of Ithaca adopted its first zoning code in 1954, and its first subdivision code a year later. In the following years, countless amendments, a few major overhauls1, and some new Town Code chapters addressed new issues as they came up. On their own, these changes were well intentioned, and sometimes desperately needed. Together, they add up to a cluttered and disorganized planning framework. Regulations and processes are hard to find. The relationship between different rules and processes affecting a project is often unclear. Wordy, vague, and inconsistent language can make interpretation difficult. Planning regulations are more effective if people can easily find the rules they’re looking for, and understand what they mean. The Comprehensive Plan recognizes that, and recommends a new planning code that is clear, concise, and easy for both staff and laypeople to use and understand. .. The Town’s planning- and development-related laws are in several separate chapters throughout the Town Code. • Chapter 100: Adult uses • Chapter 148: Environmental quality review • Chapter 161: Freshwater wetlands • Chapter 173: Outdoor lighting • Chapter 221: Signs • Chapter 228: Stormwater management, erosion and sediment control • Chapter 234: Subdivision • Chapter 270: Zoning 1 1960, 1968, 1980, and 2003. • Chapter 271: Special land use districts (planned development/PD zones) The current zoning code also has regulations for mobile home anchoring, licensing for solar panel installers, covering abandoned cellar holes, and other subjects that are usually part of a building or property maintenance code. What’soinoaoUDh?o • Zoning and overlay districts. • Subdivision and neighborhood design standards. • Use standards. • Height, setback, bulk, and other site development standards. • Architectural standards. • Landscaping and tree protection requirements. • Sign regulations. • Parking requirements. • Natural resource protection. • Stormwater management. • Road and sidewalk design standards. • Review and administration procedures. • Relevant definitions. Whatodoesoito(usually)oleaveoout?o • Project-specific local laws and conditions. • Resolution language (“WHEREAS” …). • Building and fire code standards. • Property maintenance standards. • Contractor licensing requirements. • Regulations for uses with floating locations (taxis, street performers, ride sharing, etc.). • Traffic laws. • Engineering and construction standards. • Fees, application material lists, and forms. The most damaging phrase in the language is ‘We’ve always done it this way.’ — Grace Murray Hopper, computer scientist, United States Navy rear admiral 4 Those using the Town Code every day are familiar with its nooks and crannies. For everybody else, finding something can be challenging. There are also some conflicts and redundancy among some planning-related provisions in the Town Code. The Comprehensive Plan recommends updating and combining planning-related laws into a unified development code (UDC). A UDC would be a single chapter of the Town Code, serving as a “one stop shop” for all the Town’s planning-related regulations. A UDC has many advantages over separate codes and chapters. • It’s efficient, because there is only one code to know. • It's easier to compare standards and procedures for different actions. • It avoids redundant, conflicting, or inconsistent standards or processes. • It's easier to see the relationship among different aspects of land use and development. • It offers a more holistic and comprehensive approach to design and review. A growing number of American communities have UDCs. Closer to home, the City of Buffalo’s Green Code project will replace its 60-year old zoning code, and other planning-related laws, with a plain English, form-based UDC based on new urbanism and smart growth principles. Elsewhere in upstate New York, the Town of Union (Binghamton area), Town of Louisville (Potsdam area), Village of Sarnac Lake, and City of Saratoga Springs have adopted or are drafting UDCs. A UDC doesn’t have building and fire codes, nuisance laws, engineering or construction specifications, forms and checklists, or fee schedules – they remain as separate laws or guides. UDCs also don’t have project-specific conditions and local laws. .. Planning regulations are made up of these distinct parts or functions. • Establishment of zoning districts. • Standards for uses. • Standards for building and structure bulk (size, height) and design. • Standards for site planning and design. • Standards for lot size and arrangement. • Criteria and procedures for development review and approval. • Rules and procedures for code administration and enforcement. • Nonregulatory expressions (titles, preambles, enacting clauses, purpose statements, resolution language). The Town’s planning regulations are typical of mid-century codes, where different issues of land use control were comingled, and ease of use wasn’t a concern. It’s hard to find information in an old-school code without a page-by-page hunt, or help from an expert. The UDC needs a consistent, intuitive outline that helps all users – staff and laypeople – easily find the rules that apply to a certain property or situation. Its organization will follow these principles.o hhaptersobasedoonotopicsoandocodeofunctionso Older zoning codes, including the Town’s current zoning code, usually have separate chapters for each zone, with allowed uses, building height and setback standards, and other special provisions. This format makes it easy to see many (but not all) of the regulations that apply for each zone. However, its redundancy makes it prone to inconsistency. o Newer codes increasingly use broad topics of planning – zones, uses, site development, neighborhood design, and so on – as their organizing principle. Each chapter has subsections covering topics that are more specific. For example, a site development chapter answers questions about “What can I build on my lot?”, with subsections dealing with building placement, site design, parking, architecture, landscaping, signs, fences, outdoor lighting, and dock requirements. This format is more intuitive, because it helps readers quickly find the topic they’re interested in, and easily compare rules for different zones or development types. It also prevents duplication and inconsistency. The UDC should keep its regulatory and administrative functions separate. Review processes, approval criteria enforcement, interpretation, and other non-regulatory functions should be in their own sections. Orderobyolandouseoscaleoorotopicoimportanceo The UDC needs a logical hierarchy. Newer codes usually order chapters by either scale of land use, drilling down from the largest scale of planning concern to the smallest, or importance of topic, with the most commonly used parts towards the front. In both approaches, administrative functions and definitions appear at the end. There are some advantages to ordering by scale of land use over importance. It reinforces the code’s role as an instruction manual for building neighborhoods and shaping the town. It also helps those drafting and using the UDC better see the “big picture” of relationships between buildings, uses, and the public realm. If you can’t explain it simply, you don’t understand it well enough. — Albert Einstein o 5 Aoplaceoforoeverything Many older codes have general “junk drawer” chapters for rules that don’t seem to fit elsewhere. In the current zoning code, the General Provisions and Special Regulations sections (§270-215 through §270-330.1) hold regulations for many important but unrelated subjects, like stream setbacks, minimum building floor area, side yards on corner lots, porches and carports, fences, parking, solar collectors, ham radio antennas, and farmworker housing. With few cross-references pointing to these rules, someone reading another part of the code might not know they exist, or that they’re relevant. The UDC should place rules where most readers would expect to find them. For example, stream setback rules should be with other standards for site design and building setbacks, not in an unrelated, far-off part of the code. hross-references Modern codes try to group all rules for a certain topic or situation together, but some page flipping is inevitable. When someone is looking at regulations for a certain topic, they need to know about other rules that could apply. UDC provisions should cross- reference other relevant information, inside and outside the code.o hhapteroandosectionooutlineorelatedotoocodeohierarchyo The current zoning and subdivision codes use an alphanumeric outline tied to the Town Code. Chapter numbers have little or no relation to specific topics. For example, the MDR/Medium Density Residential zone section isn’t in one chapter, but 11 — §270-65 through §270.75. This scheme is inconsistent and hard to follow, especially when a chapter spans two or more pages. It's also hard to find and cite information under many layers of chapters, articles, sections, and subsections.o A hybrid decimal/alphanumeric format (§270, §270-101, §270- 101.1, §270-101.1.1, §270-101.1.1 a) is more intuitive and less cumbersome than the “congressional” format (§270-1, §270-1 [A], §270-1 [A] [1], §270-1 [A] [1] [a], §270-1 [A] [1] [a] [i]) of the current zoning and subdivision codes. A decimal/alphanumeric format will make it easier for code users to find the information they need, and better show how different standards at every level relate to the whole. It’s also consistent with some parts of the Town Code. Chapter and section numbering must define a clear hierarchy of topics and standards, and leave room for amendments. Subsection levels should be limited, to avoid deep provisions with awkward cites. Second-level prefixes grouped in hundreds (§270- 100 through -199, §270-200 through -299, etc.), like college class levels, should define chapters. Numbering should not use Roman numerals. .. Planning deals with relationships between people, buildings, uses, and land – concrete things that are easy to picture in two or three dimensions. Like many older codes, the Town’s current planning- related regulations depend mostly on text to describe them. For most people, it’s easier to grasp and remember information presented visually, compared to long blocks of text. User-friendly codes recognize this. Graphics and tables help present information more clearly than words alone, and make complicated concepts easier to understand. They also make a code more skimmable. Design is also a visual aid, with page layout, fonts, and other cues to help guide readers to the information they’re looking for. The UDC should be a visually appealing document – not just because it looks good, but because it works better. Illustrationsoandophotoso The Town’s current zoning and subdivision codes convey most regulations through text alone. There are three exceptions: illustrations showing wind turbines, stream setbacks, and water rights lines for docks. The water rights graphic is a good example of how “a picture tells a thousand words”, or for §270-43 K (11) (A) through (D), 213 words. Organizationobyoscaleoofolandouseo 1 – Introduction ▼ LARGEST SCALE OF LAND USE: TOWN 2o–oZoneso 3o–oNeighborhoododevelopmentoandodesigno 4o–oSiteodevelopmentoandodesigno 5o–oEnvironmentalocontrolso 6o–oUseso ▲ SMALLEST SCALE OF LAND USE: BUILDING AND USE 7 – Development review 8 – Code administration 9 - Definitionso Organizationobyoscaleoofoimportanceo 1 – Introduction ▼ MOST REFERENCED TOPIC 2o–oZoneso 3o–oUseso 4o–oSiteodevelopmentoandodesigno 5o–oEnvironmentalocontrolso 6o–oNeighborhoododevelopmentoandodesigno ▲ LEAST REFERENCED TOPIC o 7 – Development review 8 – Code administration 9 - Definitions 6 Tables show uses and bulk requirements for each zone in the Cape Town, South Africa zoning code. Newer planning-related codes use graphics to explain standards for site planning, building form, neighborhood design, street and right-of-way profiles, architectural design, landscaping, parking, and signs. Illustrations give clarity to common but sometimes puzzling zoning concepts, like vision clearance and setback averaging. A growing number of codes also use photos to clarify definitions, and give examples of desired and undesired features. The UDC should be generous with graphics that show how standards are applied. Graphics should have a consistent style throughout the code. SketchUp is a popular tool for creating code graphics; the basic version is free, and it has a large library of downloadable drawings. Tableso Tables show information in a matrix, letting readers scan and find information quickly. They’re helpful for comparing standards, like uses or setbacks in different zones. They can also show non- comparative information, like parking requirements, in a way that’s easier to grasp than lists. Tables also avoid redundancy and page flipping, and reduce errors and inconsistency. The current zoning code has only three tables, for noise limits in industrial zones and from wind energy generators, and stream setbacks. The UDC should use tables wherever it can, especially for the most consulted rules – allowed uses and building types, and design and dimensional standards. Tables should have a consistent design theme, using the same fonts and format. Illustration describing site development standards from the Brattleboro, Vermont land use code. o 7 Flowchartso Flowcharts diagram workflow and stages in a process. Newer planning codes use them to explain multistage processes, like subdivision and site plan review. They’re also helpful for showing the design sequence for new form-based development – allocating transect zones, assigning civic and park areas, designing the street and path network, and calculating density. Flowcharts will make multistage design, review, and approval processes in the UDC easier to grasp. Documentoformato Thoughtful graphic design – page layout, design, and formatting – is a key part of making a code more user-friendly. Print versions of the current zoning and subdivision codes offer few navigational cues to its readers. Supplements with irregularly numbered pages, often blank or nearly empty, make the problem of losing one’s place in a code even worse. The table of contents shows chapter numbers, but not similarly formatted page numbers; for example, Zoning Code §270-71 starts on page 270:54. These issues stem from the limits of codification, which the next section describes more. Flowchart in the Buffalo Green Code showing the review process for minor and major subdivisions. Left: the current zoning code layout. Right: an example of user-friendly design from Ventura, California - a clear hierarchy of rules, illustrations, tables, and clean page design. 8 Information in the UDC will be easier to find if it has: • Simple, uncluttered pages. • Headers and footers, with chapter and section numbers and names associated with each page. • Headings with different font sizes and styles, line spacing, and other visual cues to the code hierarchy. • Balance of line height, letter spacing, and font size to make text more skimmable. • White space to separate elements, and draw readers’ eyes to and through the text. • Consistency. It helps organize content, and gives users a familiar focus point when they’re scanning. • Page numbers in the table of contents, with a format that readers won’t confuse with code sections. .. ,,h A key part of drafting planning regulations is ensuring the public – not just planners and lawyers, but also residents, developers, and officials – can easily understand them. The Town’s current planning regulations are largely text-based, with long passages of legal English. Readers often struggle to find the meaning of its articles and provisions. There’s no compelling reason to write laws this way. The UDC should be something that people read and understand, rather than decipher and interpret. It should use the most direct way to explain its rules and design concepts.o honsistentowritingostyleo Planning regulations are more effective and credible – and much easier to read – if they use a clear, consistent style and voice. Consistency also helps prevent different interpretations of similar rules. Writing should follow these concepts of consistent usage. • Parallel construction in a hierarchy or list. • Using terms consistently, and avoiding their synonyms. For example, using either “street” or “road”, not both. • Avoiding different terms with different meanings in the same context. For example, not using “lot”, “parcel”, and “tract” throughout the code as if they all mean the same thing. • Describing numerical ranges and limits with consistent terms. • Positive or prescriptive wording (“50% or more …”, “Roads must be paved”) instead of negative wording (“No less than 50% …”, “Roads cannot be unpaved”) where possible. • Capitalizing only proper nouns inside a sentence. • Using singular number and present tense where possible. • Using the indefinite article (“a” or “an”) instead of the definite article (“the”) for nouns that aren’t particular. • Using symbols to shorten text where possible. In later years, different people with different writing styles will draft amendments to the UDC. An informal “house style” with preferred usage, conventions, and words and phrases, can help maintain stylistic consistency with future changes. PlainoEnglishoo The Town’s current planning regulations, like those of many communities, are in formal legal English. Legalese can frustrate and alienate the public by making even simple ideas difficult to understand. It can take a lot of effort – and cost – to figure out “what does this section really mean?” A growing number of new planning codes use different approach – plain English. The UDC should be among them. Plain English codes use clear and concise language, so the widest audience can understand any of its rules or requirements in a single reading. Plain English is more efficient than legalese, saves time for readers, and reduces confusion and uncertainty. Plain English also brings laws closer to their plain and ordinary meaning than legalese, making them more defensible in court. Wordcloud of the 2003 Zoning Code. The size of a word reflects how often it appears in the Code. o 9 Plain English planning codes follow these basic principles. • Short sentences, ideally 20 words or fewer. • Breaking topics and concepts into separate paragraphs, sentences, and bulleted lists. • No jargon or formal terms for the sake of gravitas, or making something sound more authoritative. • Shorter, familiar words (“use”, “must”, “before”) instead of more formal terms (“utilize”, “shall”, “prior to”). • No legal jargon (“said”, “aforementioned”, “notwithstanding the forgoing”) or Latin. • Avoiding extra words, like compound constructions (“in the event that” meaning “if”), coupled synonyms (“null and void”), word-numeral doublets (“one hundred (100)”), and filler terms (“hereby”, “the fact that”). • No shotgunning (“No structure shall hereinafter be built, placed, erected, assembled, constructed, extended, expanded, enlarged, augmented, modified, altered, changed, transformed, transmogrified …”). • Active voice (“The Town adopted a new code”) over passive voice (“A new code was adopted by the Town”). • Rules before their exceptions or conditions. • Inclusive terms that don’t unintentionally “other” people or groups (“place of worship” instead of “church”, “they” instead of “he” or “she”). • Short, simple purpose statements, that don’t overexplain everything. hlearodefinitionso Many older codes, including the Town’s various planning-related codes, have issues with definitions that are inconsistent, vague, complicated, or missing. This makes it difficult to interpret a code, or know what rules might apply in a situation. Some terms have different definitions, depending on where they appear in the Town Code. For example, the current zoning and subdivision codes have different definitions for basement, dwelling unit, lot line, and several other terms. (See the table below.) Some uses in the current zoning code have very detailed definitions, while some others have none. Some definitions have embedded regulations, like those for garage, family, and parking space in the current zoning code. It also has definitions for some common words, like boat and dock. Clear definitions are an essential part of planning regulations, helping ensure words and terms mean the same thing to different people. The UDC should: Zoningohodeo§270-59o–ocurrentolegaloEnglishotexto Zoningohodeo§270-59o–oplainoEnglishotranslationo 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. Maximum building or structure height • Principal buildings: 38’ from lowest interior grade, or 36’ from lowest exterior grade, whatever is lower • Accessory buildings: 15’ • Other structures: 30’ Height limits do not apply to agricultural buildings and structures on farms in County agricultural districts. Zoningohodeo(2003)odefinitiono Subdivisionohodeo(1955)odefinitiono 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. Basement: A story partly underground but having at least ½ of its height above the average level of the adjoining ground. A basement, or cellar, shall be counted as a story for the purposes of height regulation. Dwellingounit: A dwelling, or portion of a dwelling, providing complete living facilities for one family. Dwellingounit: A building, or portion of a building, providing complete living facilities including food preparation and bath. Lotoline: A property boundary of a lot, except where the property boundary is the centerline or other portion of a public highway, in which event the property line is the highway right-of-way line. Lotoline: The property boundary of a lot. “I never write ‘metropolis’ for seven cents when I can write ‘city’ and get paid the same. — Mark Twain 10 • Use short, simple definitions. • Not define common words (“door”, “roof”) or units (“acre”, “lumen”), unless they have a different meaning in a certain context. • Define specialized terms, like names of architectural elements. • Use definitions that are consistent with related state and federal laws, the US Census Bureau, and industry practice. • Use graphics and photos to clarify definitions. • Avoid embedding regulations in definitions, where readers won’t expect to find them. • Group regulations and definitions for specific uses together, to avoid page flipping. Inlineoguidesoandoexampleso Many newer codes do more than just regulate. They also have basic how-to guides, explaining code organization, approach, and examples of how different standards apply. Inline examples and guides will ease the transition to a new code, and help explain new concepts like form-based zoning and traditional neighborhood development. .. The Town’s official codifier, General Code, maintains both the online and print versions of all planning regulations. (There is a downloadable plain text version, but no PDF version.) Online and print capacities of General Code, as with many codifiers, are geared towards traditional text-based laws. Their current ability to integrate tables, formatting, illustrations, and other design elements of modern planning-related codes, is limited. Limits of a codifier shouldn’t limit the content and form of the UDC. If the Town has new planning regulations in an appealing, user-friendly format, it must rethink how they are codified. Ithaca isn’t alone. Other communities have recognized the limits of traditional codification in their code update processes. One solution is having a codifier host the online version of the code, with a link to a PDF/print version that Town staff maintains. This may be an option for the UDC, until codifiers’ publishing ability catches up to today’s design-rich codes. A Town-maintained print version of the code should have legislative history – local law numbers and dates – in the same style as the current printed code. . Zoning districts are the foundation for planning regulations. Zones in the current zoning code are geared to a largely rural and exurban community. For years, they protected the town’s key natural resources, preserved a greenbelt of working and natural lands, and kept roadsides from being overrun by scattershot, low- quality commercial and industrial development. However, they’re not enough to help shape an increasingly diverse and complex built environment of neighborhoods, campuses, and workplaces. Traditional codifying, with supplements for changes, makes the print version of the current zoning code difficult to navigate. The Livermore, California development code has a step-by-step diagram explaining how to use it. o 11 The UDC needs a palette of zones that builds on the protection of existing zoning, accommodates the town’s inevitable growth and change, helps build great neighborhoods for future generations of Ithacans, and reinforces a unique sense of place. .. Conventional zones guide land use and development with regulations for minimum lot dimensions and area, minimum building setbacks, maximum lot coverage, maximum building height, and specific allowed and banned uses. There were four basic zones in the Town’s first zoning code – residential, commercial, industrial, and agricultural. Later amendments added new zones for different types and intensities of development, and specific projects and uses. Today, there are 16 conventional zoning districts – two rural, six residential, six commercial, and two industrial. Some zones are use-specific or obsolete. The UDC should revisit and describe the general scope of conventional zones, and how they set the groundwork for implementing the Comprehensive Plan. Irrelevantoandoredundantozoneso Four existing zones have very limited application. Because other planning tools can better address their intended purpose, the following zones should not carry over to the UDC. Lh:oLakefrontohommercial. Only a small area on East Shore Drive has LC zoning – the Cornell Sailing Center, and land across the street between the Cornell Lake Source Cooling facility and the Cayuga Heights wastewater plant. It’s not an ideal location for the hotels, motels, clubhouses, and mixed use commercial and residential development the zone now allows. The NC/Neighborhood Commercial (or future equivalent) zone, with riparian setback and steep slope development standards, is a better fit for the area. VFR:oVehicleoFuelingoandoRepair.ooThe VFR zone serves a single purpose – control gas stations through procedural difficulty. Because it’s the only zone that allows gas stations, building one needs both site plan and rezoning approval. On the surface, this unorthodox approach works; there are only three gas stations in the town. However, with no design standards, they look no different than in communities more permissive zoning – utilitarian structures, corporate trade dress, large signs, and little or no landscaping. Special use review, and strict use-specific spacing, design, site planning, and performance standards, are more effective tools to control gas station location and design. Existing gas station sites should share the same NC or CC (or equivalent) zoning as neighboring sites. To advance sustainability goals, the UDC should encourage electric vehicle charging stations at new gas stations, and make it easy to have charging stations elsewhere. LHh:oLimitedoHistoricohommercial.ooThe LHC zone, a recent addition to the current zoning code, incentivizes preservation by allowing some commercial uses in historic structures. Only the Hayts Chapel site has LHC zoning. The now-complicated eligibility and approval process for the LHC zone may discourage its use, and defeat its purpose. Its site-by- site application is similar to spot zoning. It has uniform standards for each LHC area, regardless of its context. More effective approaches to historic preservation. include historic overlay zones that allow adaptive reuse, local landmark designation, a certificate of appropriateness process for changes to historic structures and sites, and a demolition-by-neglect ban. Newoh-IV:ohommercialo–oInletoValleyozoneo The Proposed Development Plan: Bostwich (sic) Elmira Road Areao study from 1956 identified Elmira Road (NY 13/34/96) from Five Mile Drive and Seven Mile Drive as an ideal location for light manufacturing. New municipal utilities and industrial zoning didn’t lure the factories some were hoping for. Today the area has just a few small light industrial and semi-industrial uses. o LI zoning is an obstacle to the Comprehensive Plan’s vision of the Inlet Valley Gateway – a mix of commercial, hospitality, agritourism, and low-impact artisanal uses, in a bucolic semi-rural setting. A new C-IV zone, with special design standards, should be part of the UDC. Its design standards and permitted uses will help make the Inlet Valley Gateway a reality. Updatesotoootheroconventionalozoneso The UDC coding process will include review of development standards and permitted uses for all conventional zones. Regulations should accommodate new development following Plan recommendations, and best planning and design practice. They should take inspiration from the things that help define neighborhood identity and character. The VFR zone kept the town from being overrun with gas stations, but it didn’t result in better design. 12 Residential zones should have both minimum and maximum densities, to avoid underdevelopment, curb urban sprawl, and ensure wiser and more efficient use of land. h:ohonservation.ooThe C zone covers about 21% of the town. This zone will carry out the Natural/Open character district in the Comprehensive Plan. UDC standards should reflect the Plan‘s recommended residential density of 1 unit per 15 acres, along with other conservation and natural resource protection goals. AG:oAgricultural. The AG zone, which covers about 23% of the town, is the setting for agricultural and agritourism-related uses. This zone, along with institutional zoning at the research farms of Cornell University, will carry out the Rural/Agricultural character district in the Comprehensive Plan. The Comprehensive Plan recommends an overall density of one unit per 12 acres for agricultural areas. Development standards should reflect this. Design standards for special agricultural will help prevent lots that are “too big to mow, but too small to plow”, and the land fragmentation that often results. The UDC should allow alternatives to frontage development that better fit into in a rural setting, like small pocket neighborhoods, crossroad hamlets, and adaptive reuse of agricultural structures. LDR:oLowoDensityoResidential.ooThe LDR zone acts as the Town’s semi-rural or large lot residential district. Minimum lot size is 30,000’² (±0.69 acre, ±1.45 principal units per net acre). LDR standards create a development pattern that’s not quite rural, yet not quite suburban. Under today’s regulations, it’s easier to create frontage and flag lots on LDR sites – difficult to replat or redevelop, and often not suited for general agricultural or rural lifestyle uses – than more contextually appropriate alternatives like cluster development. UDC development standards should do the opposite, with rules that favor development that better blends into the landscape. The UDC should limit or prohibit conventional frontage subdivision in the LDR (or equivalent) zone, if a site lends itself to more visually sensitive development. A sliding density scale for the LDR zone, based on utility availability and other factors, didn’t make the final cut of the 2003 zoning code rewrite. The new Plan endorses this concept, and it should be part of the UDC. The zone could also be a setting for small-scale community or artisanal agriculture. MDR:oMediumoDensityoResidential.o The MDR zone is the Town’s most common residential zone. Its minimum lot size is 15,000’² (±0.34 acre, ±2.9 principal units per net acre); “medium density” compared to zoning in Rochester’s eastern suburbs, but “large lot” or “low density” elsewhere in Central and Western New York. In northeast Ithaca, where MR zoning is dominant, lots are often much larger – about 0.5 to 1 acre. Larger lot sizes increase per- residence costs of maintaining roads and infrastructure, and push a site’s development potential to outlying towns. The zone’s main purpose is to be a setting for single family houses on relatively large lots. With the region’s high land and construction costs, and changing market preferences, it’s something that fewer people want or can afford. While the Ithaca area faces a housing shortage, hundreds of platted MDR-like lots sit empty in surrounding towns. The UDC still needs an equivalent of the MDR zone, but it doesn’t need to be the default. Deer Run and Chase Lane is typical of developed MDR-zoned areas. Proposal for industrial and residential development in the Inlet Valley area from 1958. o 13 HDR:oHighoDensityoResidential.o The name of the HDR/High Density zone is a misnomer. Its minimum lot size of 9,000’² (±0.2 acre, ±4.8 principal units/net acre) is similar to “medium density” residential zones in many suburban communities in upstate New York. The bulk of HDR land is concentrated in the Kendall Avenue/Pennsylvania Avenue area, where utilitarian purpose-built student housing is increasingly common. The HDR (or equivalent) zone must be more than just a legacy zone for two older subdivisions. It can offer a setting for development with a “single family suburban” character, but using land and infrastructure more efficiently than MDR subdivisions, in places where the Comprehensive Plan and site carrying capacity support it. Architectural regulations should require high quality design for all new housing, regardless of its target market. LR:oLakefrontoResidential.ooThe LR zone addresses the unique development conditions along Cayuga Lake, and accommodates lakefront-related accessory structures like piers and docks. The current lineup of permitted uses is very similar to the MDR zone. Instead, it should consider what’s feasible on its small lots and challenging sites. MR:oMultipleoResidential.o The MR zone allows multi-unit complexes in a suburban setting. It’s a floating zone; land is rezoned to MR on a case-by-case basis. Language in the current zoning code implies multi-unit housing is a kind of “undesirable” use, from which nearby detached houses must be protected. The 2003 zoning code update dropped maximum density from 17.4 to 12.4 units per acre (1 unit per 2,500’² to 3,500’²), and increased buffers and building setbacks. These changes made site development less efficient, and increased per-unit housing costs. With rising land prices in the Ithaca area, the change could have made multi-unit development viable only with subsidies. Since 2003, almost all development under MR zoning has been for subsidized, income-qualified housing. There’s one exception – the College Circle apartment complex. Minimum and maximum density in the MR (or equivalent) zone should align with broader planning goals, and the economic reality of building market rate housing in Ithaca. The zone should allow a wide variety of “missing middle” housing types for full- time residents; not just complexes, but also townhouses, cottage courts, patio homes, and live-work units. Site planning and design standards should foster physical and social connections with surrounding neighborhoods, not separation and isolation. MHP:oMobileoHomeoPark. MHP is the only zone in the town that allows manufactured homes. It’s a floating zone that applies to only one site in the town – the well-maintained College View Trailer Park on Seven Mile Drive. Neighborhood design standards should cover mobile home parks, in anticipation of improvements or redevelopment at College View. Roof pitch and underframe standards can close a loophole that now allows on-frame modular or “hudular” houses – double- wide mobile homes that comply with regular building codes instead of HUD standards – outside the MHP zone. Left: purpose-built student housing on an HDR site in the South Hill area. Right: the equivalent of HDR densities in South Euclid, Ohio. College View Trailer Park is the only MHP zoned area in the Town. 14 Nh:oNeighborhoodohommercial.ooThe NC zone allows small-scale commercial and service uses, aimed at nearby residents. There are only a few NC-zoned areas in the town; some sites along Elmira Road in the Inlet Valley corridor, around the Danby Road/King Road intersection, and the Rogan’s Corner site on Danby Road next to Ithaca College. If the UDC has an Inlet Valley corridor zone, and the Danby Road/King Road area undergoes redevelopment as a compact mixed use neighborhood, Rogan’s Corner will be the last site in the town with NC zoning. However, a future need for suburban- oriented commercial areas in other parts of the town will remain. The town has avoided the kind of incremental, lot-by-lot rezoning that create commercial strips. Contiguous area, frontage, and spacing controls for future NC (or equivalent) areas will ensure the town remains strip-free. The type and scale of allowed uses should fit the zone’s purpose as a neighborhood commercial district. Site planning standards should favor parking behind or alongside building – not in front – and more human-scaled building disposition. The NC zone could allow gas stations, subject to strict site planning, design, and performance standards. hh:ohommunityohommercial.ooThe CC zone allows larger scale commercial and retail development in a suburban setting. The Comprehensive Plan and Cornell University master plan target East Hill Plaza and some surrounding lands – the only part of the town with CC zoning – for “sprawl repair” and redevelopment as a mixed use neighborhood. A TND regulating plan (see the next section) or planned development (PD) zone (if redevelopment starts before UDC adoption) will likely guide redevelopment. The Comprehensive Plan doesn’t recommend any new East Hill Plaza- like commercial areas for the town. The UDC should have a CC (or equivalent) “legacy zone” or holding zone for the East Hill Plaza area, while it awaits redevelopment. Allowed uses should be a good fit for the area; more retail and service uses by right, and no semi-industrial or mechanical commercial uses. OPh:oOfficeoParkohommercial.ooThe OPC zone allowsooffice, medical, and research uses in a suburban setting. There are two OPC zoned areas in the town; the Cayuga Medical Center/Museum of the Earth (CMC/MoE) area on Trumansburg Road (NY 96), and a largely undeveloped lot on Danby Road (NY 96B) south of the South Hill Business Campus. The Comprehensive Plan recommends institutional zoning for the CMC/MoE campus. This would make OPC a single-site zone, like PD zones and the LC and I zones. Options include keeping OPC (or an equivalent) as a floating zone, or removing it and absorbing the Gupta/Axiohm site into the South Hill Business campus or Chainworks PD. Industrialodistrictso(LI:oLightoIndustrial,oI:oIndustrial).ooThere are three LI-zoned areas: the Therm factory site on Hudson Street, land fronting a short section of Elmira Road (NY 13/34) in the Inlet Valley area, the Earhardt Propane site on West Danby Road (NY 34) at the southern town line, and the Cornell University central heating plant. The only site with I zoning in the town is the former Emerson Power Transmission facility, which could see new life under PD zoning as the mixed use Chain Works District. The LI and I zones should be combined into a single industrial zone that allows low-intensity industrial, trade, and business park uses. Design, development, and performance standards in the UDC should also cover industrial zoning and uses. o .. hh The urban-to-rural transect is a geographic cross section of the human habitat. It identifies a range of built environments, and varying levels and intensities of urban character. Transect zones reflect “slices” across the urban-to-rural transect. Different transect zones work together to shape the new neighborhoods that the Comprehensive Plan envisions for parts of the town. Transect-based codes often have a step-by-step sequence for designing new neighborhoods (see section 2.3.5), and allocating transect zones in them. Rezoning is done through a regulating plan, a legally approved plan showing the specific location of transect zones, thoroughfares, civic space, lots, phases, and other features. Unlike conventional zones, transect zones aren’t intended to be used on their own, outside the context of a regulating plan. The range of inner ring village, suburban, and urban environments in upstate New York should form the basis for defining neighborhood transect zones and their character. Form Ithaca findings can inform transect zone development standards. Short front setbacks in a suburban setting, in the Village of East Aurora. o 15 NT-3:oNeighborhoodoedge. This would be a location for detached houses and complementary uses, in a compact village or pre-war suburban setting. Examples: Bryant Park and Belle Sherman neighborhoods in Ithaca. NT-4:oNeighborhoodogeneral. This would be a location for detached and attached houses and complementary uses, in a compact, relatively urban setting, a close walk to more intensively developed neighborhood transect zones. Development may have a wide range of building types, such as freestanding houses, two- flats, bungalow courts, and townhouses. Examples: Fall Creek neighborhood in Ithaca, South Main Street/Pulteney Park Historic District in Geneva. NT-5:oNeighborhoodocenter. This would be a location for a mix of attached and multiunit housing; neighborhood office, commercial, and service uses; and complementary civic uses, in a compact, pedestrian-scaled “village center” or “Main Street” setting. Examples: West State Street in Ithaca, Genesee Street in downtown Skaneateles. NT-6:oNeighborhoodocore. This would be a location for higher density mixed use buildings. It has the highest density and height, the most variety of uses, and civic buildings of local importance. Examples: State Street/The Commons in Ithaca, Main Street in downtown Cortland, Market Street in Corning. Neighborhood transect zones and overlay zones will carry out the TND Medium Density and TND High Density character districts (see Comprehensive Plan §3.2.3 and §3.4.1). The Plan eyes primarily residential neighborhoods with a mix of lower intensity “Main Street” commercial and civic uses for TND Medium Density areas. It targets TND High Density districts, with locations next to Tompkins County’s two largest employers (Cornell University and Ithaca College) and next to the city line. If TND is optional in areas where the Plan envisions it, developers could follow a more familiar path of least resistance, and continue the pattern of conventional subdivisions and complexes. This would undermine many key goals and recommendations of the Plan. The UDC can avoid this with overlay zones that define areas where future development must take the form of TND, not conventional or cluster development. This report describes how a TND overlay zone could work in section 2.2.5. Equivalents of NT-3, NT-4, and NT-5 transect zone streetscapes in Serenbe, a “new utopian community” in Chattahoochee Hills, Georgia. (top/middle photos = JR. P., bottom - David Burn) 16 .. The Town of Ithaca is home to Ithaca College (IC), Cornell University (CU), Cayuga Medical Center and the Museum of the Earth. These institutions, with evolving missions and ever- changing needs for its buildings and properties, occupy thousands of acres, and employ thousands of area residents. However, the current zoning code has no dedicated institutional or campus zone. It treats large institutions as an afterthought, with certain institutional uses allowed to various degrees in some zones. The current “wait and see” approach for institutional uses presents several problems. • LDR and MDR zones, overlaying the most developed parts of IC and the CU East Campus area, are meant for lower density residential areas – not large colleges and universities and their varied activities, environments, and impacts. • The current development process treats a unified campus as discrete parcels and uses. • Most new buildings at CU and IC need height variances as part of the review process. This puts site planning decisions in the hands of the Zoning Board of Appeals – a quasi- judicial body. • With the undefined "Institution of higher learning" use allowed in many residential zones, some neighborhoods are vulnerable to “campus creep” – institutional uses spreading beyond campus boundaries. The C/Conservation zone also allows some intensive college/university-related uses. • For IC and CU, underlying residential zoning complicates implementation of their campus master plans. From the Town’s side, there’s no legal mechanism binding either to their master plans. The Comprehensive Plan recommends institutional zoning for the CU, IC, and CMC/MoE areas. The most common approaches – an institutional zone with conventional bulk and use standards, and PD-like zoning based on a campus master plan – may not be the best fit for Ithaca. The one-size-fits-all approach of a single institutional district is unwieldy, given the broad range of conditions at CU and IC. PD-like zones based on approved master plans would be cumbersome to create and administer, and make it hard to vary from an approved plan without amendments. Transect-based zoning for large institutional campuses would overcome the shortcomings of other approaches. The institutional transect should look like this. IT-1:oInstitutionalo-oNaturalo/oGreen.ooThis zone would be a location for natural areas and preserves, and complementary education and research facilities and activities; with very limited building and road/parking coverage. (Examples: Cornell hON Conservation AG Agriculture NT-3 Neighborhood edge NT-4 Neighborhood general NT-5 Neighborhood center NT-6 Neighborhood core TNDotargetoareao homprehensiveoPlanoo characterodistricto Areao (acres)o Densityo rangeo Densityo averageo Transectozoneomixo WestoHill City line/Conifer Drive/Overlook area TND Medium Density ±457 ac 2-14 units/ac 5-8 units/ac NT-3, NT-4, NT-5 Southwest Seven Mile Drive area TND Medium Density ±49 ac 2-14 units/ac 5-8 units/ac NT-3, NT-4, NT-5 SouthoHill Danby Road/King Road area TND Medium Density, TND High Density ±195 ac 2-30 units/ac 6-12 units/ac NT-3, NT-4, NT-5, NT-6 EastoHill East Hill Plaza/Mitchell Street area TND High Density ±163 ac 6-60 units/ac 8-16 units/ac NT-4, NT-5, NT-6 o 17 University - McGowan Woods, Mundy Wildflower Garden, Cornell Plantations.) IT-2:oInstitutionalo-oAgricultural. This would be a location for agricultural activity, related education and research facilities, and complementary uses; with limited building and road/parking coverage, and minimal intrusion by unrelated uses. (Examples: Cornell University - Cornell Orchards, Dilmun Hill Student Organic Farm, Game Farm Road complex, Greenhouse and Plant Research Center.) IT-3:oInstitutionalo-oOpen.ooThis would be a locationofor expansive, maintained open areas outside of built-up areas of institutional grounds. This includes greens, lawns, gardens, athletic fields, informal recreation areas, and directly related structures and parking areas with limited coverage. (Examples: Cornell University - Game Farm Road athletic fields, Robert Trent Jones Golf Course, Oxley Equestrian Center; Ithaca College - Allen Field, Upper Terrace Fields, open lawn areas; CMC area - perimeter lawn areas.) IT-4:oInstitutionalo-oSupport.ooThis would be a location for facilities and activities supporting, but not directly undertaking, the mission of the larger institution. (Examples: Cornell University - Humphreys Service Building, Graphic Arts Services, Palm Road complex; Ithaca College - Physical Plant/Farm Road area.) hurrentozoningoonoinstitutionalogroundso hornelloUniversity •ohh - East Hill Plaza, East Hill Office Building, Institute for Social and Economic Research. •oHDR - Maplewood Park Apartments. •oLh - Cornell Sailing Center. (Not contiguous to the main campus.) •oLDR - most of the campus north of Dryden Road (NY 366) and south of Ellis Hollow Creek, including the Vet and Ag quads, Cornell Plantations, Robert Trent Jones Golf Course, Baker Institute for Animal Health, and countryside campus. •oLI - Central Heating Plant. •oMR - Hasbrouck Apartments. (The MR zone does not allow an institution of higher learning.) •oP9 (PD) - lands between Dryden Road and Ellis Hollow Creek; Cornell Orchards, service complex. • Land that state agencies own (Board of Regents, Dormitory Authority, etc.) has zoning, but is exempt from zoning compliance. Ithacaohollegeo •oh - South Hill Natural Area. •oMDR - most of the campus outside of conservation areas. •oMR - College Circle apartments. (The MR zone does not allow institution of higher learning.) hayugaoMedicalohentero/oMuseumoofotheoEartho •oh - natural/slope area east of hospital. •oLDR - Museum of the Earth grounds •oOPh - hospital building, parking, surrounding area. •oP3 (PD) - Biggs Complex. •oP4 (PD) - (former) Finger Lakes School of Massage grounds. Zonesothatonowoallowoinstitutionalouseso ho/ Conservation (§270-12) special permit: "… hospital" and "any institution of higher learning including dormitory accommodations." Ao/ Agricultural (§270-26 B) by right: "Veterinary offices or hospitals" (§270-26 F) by right: "… any institution of higher learning relating to agricultural pursuits" (§270-26 M) by right: "Research facilities principally dedicated to research in agriculture or animal husbandry" LDRo/ Low Density Residential (§270-26 B) special permit: "… any institution of higher learning including dormitory accommodations.. MDRo/ Medium Density Residential (§270-67 C) special permit: "… any institution of higher learning including dormitory accommodations." HDRo/ High Density Residential (§270-78 C) special permit: "… any institution of higher learning including dormitory accommodations." OPho/ Office Park Commercial (§270-131 F) special permit: "Research and development facility which contains laboratories or other areas that are not offices." (§270-131 H) special permit: "Hospital, medical or dental clinic that involves overnight occupancy." Lho/ Lakefront Commercial (§270-141 F) special permit: "Institution of higher learning facilities principally dedicated to water-related research, education, and recreational activates, excluding dormitory accommodations.” LIo/ Light Industrial (§270-144 E) by right: "Research and development facilities utilizing office spaces, indoor scientific laboratories, and other similar indoor spaces." 18 IT-5:oInstitutionaloo-ohampusoEdge.ooThis would be a location for less intensively developed areas of institutional grounds. This includes buildings and facilities used to carry out the mission of the larger institution, incidental uses, and landscaped open areas; with moderate building, road and parking coverage. (Examples: Cornell University - Guterman Bioclimatic Laboratory, Hasbrouck Apartments, Wilson Synchrotron; Ithaca College - Terrace Dorms, Garden Apartments, College Circle Apartments, perimeter parking lots; CMC area - Museum of the Earth, Cayuga Professional Center.) IT-6:oInstitutionaloo-ohampusohore.ooThis would be a location for more intensively developed areas of institutional grounds. This includes larger buildings and facilities used to carry out the mission of the larger institution, incidental uses, and formally sited and landscaped open areas; with significant building and road coverage, and limited surface parking. (Examples: Cornell University - Ag Quad, Vet Quad, Cornell University Hospital for Animals, Ithaca College - Academic Quad, East/West Towers, CMC/West Hill - Cayuga Medical Center building and nearby grounds.) As with TND transect zones, institutional transect zones should not be freestanding zones outside the context of a larger contiguous campus area. Overlay zones should define campus areas that can have institutional transect zones. (Section 2.2.5 explains how overlay zones work.) The Town can map institutional transect zones as a part of UDC zone mapping, following the Comprehensive Plan and the underlying land use pattern. As an alternative, the Town could endorse an official campus or facility plan (for example, the Cornell Master Plan for the Ithaca Campus), and use it as an informal regulating plan to guide future transect zone location. .. Planned development zoning (PD or PDZ) – commonly known as planned unit development (PUD) elsewhere – is a tool many communities use to promote innovative projects that aren’t possible under normal single-use zoning. EcoVillage at Ithaca and Belle Sherman Cottages are two examples of how PD zoning can foster broader housing choices, more compact development, and protection of working and natural lands. However, it’s seen more use as a way to “roll your own zone” for small, specialized projects or uses that didn’t fit elsewhere. The process can mandate a very specific outcome, but doesn’t require it to be an improvement over what conventional zoning would create. The PD process shouldn’t be an end run around the UDC to do something different, but instead, a way to create something better. To live up to its potential, the UDC needs a PD process that ensures outcomes with high quality design and real public benefits, in exchange for the concessions and flexibility it offers. PDs,ocurrentozoning,oandotheoUDh The Town’s planned development zones pose many challenges for Planning and Code Enforcement staff, and other stakeholders. The Town now adopts new PD zones as local laws, in a Town Code chapter (§271) separate from the current zoning code (§270). A typical PD zone law has, in no set order, a long preamble of “whereas” and purpose statements, an enacting clause, a metes-and-bounds legal description, and development and use standards. PD laws have a myriad of standards and processes; some unique to that zone, others redundant with or differing from current zoning code. The lack of consistency, and clutter of nonregulatory statements and legal English, makes them hard to decode. Each PD zone local law controls development in a different, yet very specific way. Some allow very specific uses, often with unusual conditions. PD zones don’t easily accommodate redevelopment, or uses that could be a good fit but missing from their permitted use lists. Both the East Campus of Cornell University (top) and Seven Mile Drive area (bottom) have LDR/Low Density Residential zoning. (Top photo: Mark Anbinder.) o 19 Because PD zone local laws are like mini-codes of their own, it’s unclear what aspects of “regular” zoning apply in their boundaries. Many PD laws refer to old zone names and long- repealed codes, which Zoning Code §270-7 implies are still “in full force and effect.” There’s two conflicting regulations for creating PD zones – Zoning Code §270-172 through -178, and the never-repealed Special Land Use District (SLUD) regulations in Town Code §271-1 and -2. Neither are clear about what they expect from a project, except "standards shall be as set forth in the legislation rezoning the area to a Planned Development Zone" (Zoning Code §270- 177). Otherwise, there’s no concern about the outcome. Applicants and the Town negotiate every aspect of a PD zone, leading to uncertainty and high soft costs. Zoning regulations with a broader and more logical hierarchy of uses and development forms should lessen the need for PD zones. The UDC shouldn’t do away with PDs, though. A community as complex and creative as Ithaca needs some flexibility for “outside the box” projects. The UDC should limit new PD zones to large, complex, or multi- phased projects; projects and sites with unique design challenges; and development concepts that conventional or transect zones don’t address. A large minimum site size will help prevent use of PD zoning for spot zoning. PD zone standards should focus on outcome; that a project is an example of outstanding planning and design, not just something that zoning normally doesn’t allow. They should have specific approval criteria, and define special amenities or features desired in exchange for the flexibility the process offers. These are some amenities and benefits that the UDC should consider in PD zone review. • Material and design upgrades. • Amenities like parks, playgrounds, community gardens, and public art. • Preservation of historical buildings and features, natural areas, and working farmland. • Green stormwater infrastructure, such as permeable parking lots/paving, additional tree preservation requirements, bioswales, and rainwater harvesting. • Middle market, workforce, and income-qualified housing. • Car share and bike share facilities. The UDC also should limit standards subject to negotiation or waiver for a PD zone. This can help inject more certainty into the process, and make it less time-consuming. Along with approval criteria, this can also prevent the PD process from being a loophole to lower code standards or protections, or substitute for the variance process. PDozoneomasteroplansoandoconcurrentoprocesses PD zone approval can involve up to three concurrent processes – rezoning, subdivision, and site plan approval. Current regulations are unclear about the processes for different sizes or scopes of PD. A site plan may be appropriate for a single site-specific project, but it’s not a good tool for guiding development of a larger mixed use project. Requiring full subdivision approval for a large multi-phase project may prematurely “carve in stone” plans for projects that may take years or decades to build out, and complicate even minor changes. The UDC should clarify the PD zone approval process. It should be clear about when a PD proposal needs concurrent site plan or subdivision approval. It should only require a site plan for site- specific projects, just like in a conventional zone. Site-specific projects should be subject to site planning and design standards in the UDC, or special standards for the PD zone. For larger or multi-phased projects, the UDC process can use preliminary and final master plan review, a common practice in zoning codes throughout the country. A preliminary master plan shows the basic concept and character of a PD zone. It also binds the applicant to aspects like uses, the general lot and land use pattern, and road and trail locations. A final master plan finalizes and implements the preliminary plan. Preliminarty and final master plans usually don’t have detailed engineering drawings. Some communities make the final master plan and preliminary subdivision process concurrent; final subdivision comes with each phase. A PD law can work like a plug-in module that modifies certain UDC standards; rather than a mini-code that replaces it. PD local laws should use a standard format, brief nonregulatory expressions, and maps and tax parcel numbers to pinpoint their site. PD language should be in plain English, avoid redundancy, and not mention specific owners or occupants. Uses should be from the UDC’s standard lineup of use groups and types (see Wholesale processing and distribution of seitan (a baked vegetarian wheat-based product), tofu, and soy milk, subject to the conditions that such uses, in the aggregate shall not: (1) Occupy more than 2,400 square feet of interior building space; and (2) Engender more than six vehicle trips (for this purpose a "vehicle trip" shall mean a round trip onto and off the premises) per week in connection with deliveries related to such uses, including all vehicle trips related to the delivery to the premises of raw materials used in such processing and all vehicle trips related to the delivery of the finished product to locations off of the premises; and (3) Involve more than four employees in the conduct of such uses. – regulations for a very specific permitted use in the P4/Statler West PD zone 20 §2.5.1- Use classification). The right modular approach could reduce or eliminate the need for wordy local laws. LegacyoPDso A deep cleaning of legacy PD zone laws is outside the scope of Recoding Ithaca. Still, the UDC must be clear about the relationship between “regular zoning” and PD zone local laws. The UDC should treat PD zone laws as exceptions to the code, and not something separate. UDC standards and zones will supersede any references to old codes or zones, and also apply when a PD zone local law is silent or less protective about a certain topic. UDC review and administration processes will also apply to PD zones, and supersede redundant or conflicting processes. Development standards for new and updated zones should consider the stable, built-out character of PD zones. After the Town adopts the UDC, it should consider repealing some redundant PD zones. The following PD zones are potential candidates for a return to conventional or transect zoning, or simpler PD overlay if the option exists. PD-2:oSapsuckeroWoods.o This zone allows multifamily houses along a short stretch of Sapsucker Woods Road. The law names specific people, going against the idea that zoning regulates uses, not users. PD-3:oBiggsohomplex,oPD-4:oStatleroWest.ooThe Biggs Complex (PD-3), north of the Cayuga Medical Center, is the former home of the Tompkins County Health Department. The PD-4 zone allows reuse of the Independent Order of Odd Fellows (IOOF) building for offices, a catering and banquet facility, and processing and distribution of very specific vegetarian foods. The Finger Lakes School of Massage, the most recent occupant, is relocating to downtown Ithaca. Zoning on these sites should consider them among a larger Cayuga Medical Center/Museum of the Earth campus. PD-5:ohhamberoofohommerce.ooThis zone allows offices and a visitor center for the Ithaca Convention and Visitors Bureau and Tompkins County Chamber of Commerce. The site could be absorbed into the surrounding MDR (or future equivalent) area, if that zone allows civic uses like low-impact cultural facilities. PD-7:oIthacare,oPD-10:oSterlingoHouse.ooThe PD-7 zone covers the Longview retirement community on Danby Road (NY 96B). The PD-10 zone allows Sterling House (assisted living) and Claire Bridge (Alzheimer’s/dementia care), both on Trumansburg Road (NY 96). Conventional zoning codes often allow care facilities in lower density suburban residential zones, following standards for location (usually an arterial or collector road), site planning, and minimum lot size. PD-8:oEcoVillage.ooEcoVillage looks and functions much like a cluster subdivision. PD zone regulations permit some low-impact commercial and artisanal uses that conventional residential zones don’t otherwise allow. An alternative to PD zoning is to treat EcoVillage as a cluster subdivision under LDR (or future equivalent) zoning, with a PD overlay (see section 2.2.5) that allows “nonstandard” features like common houses and limited commercial activity. PD-9:ohornelloPrecincto7.ooThis zone covers an area south of Dryden Road (NY 366), east of Pine Tree Road, and north of Cascadilla Creek. It includes the Cornell Plantations, McGowan Woods, Palm Road service complex, and Game Farm Road research complex. This site can be part of an institutional regulating plan for the Cornell University campus. .. An overlay is a zone that “overlays” or sits on top of other zones. The underlying zoning stays the same, but the overlay has special regulations, restrictions, or incentives that take priority. Many communities use overlay zones in tandem with conventional zones to guide development or achieve certain planning goals in special areas. This concept isn’t alien to the Town. Conditional zoning, cluster subdivision conditions, and development rights easements are similar in that they keep the underlying zoning, and add new rules and restrictions. The UDC can use overlays to define locations where it allows or prohibits certain patterns or types of development, and advance area-specific Plan goals. Traditionaloneighborhoododevelopmentooverlayso(OV-TND)o The Comprehensive Plan targets certain parts of the town for mixed use traditional neighborhood development. Continuing conventional suburban development in these areas would undermine many of the Plan’s key goals. An overlay can be an effective tool to ensure this doesn’t happen, and require future development in line with the Plan’s vision. A TND overlay would work by having thresholds for planning actions – for example, a rezoning request, subdivision into two or more lots, or a multifamily or non-residential project – that trigger a required regulating plan, transect zoning, and development following TND design principles (see section 2.3 and 2.3.4). Until then, underlying zoning would stay the same, and allow the same permitted uses, structures, and actions as outside the overlay – all except non-TND subdivision or rezoning. One approach for a TND overlay is to consider the character district in the Comprehensive Plan future land use map. o 21 OV-TND-1:oTraditionaloneighborhoodooverlayo1.ooThis overlay will carry out the TND Medium Density character district area in the Comprehensive Plan. Development would include NT-3, NT-4 and NT-5 transect zones. OV-TND-2:oTraditionaloneighborhoodooverlayo2.ooThis overlay will carry out the TND High Density character district area in the Comprehensive Plan. Development would include NT-4, NT-5 and NT-6 transect zones.o Another approach is to look at each “hill” separately. With this option, one overlay would apply to the South Hill new neighborhood area, instead of two. OV-TND-WH:oTraditionaloneighborhoodooverlayo–oWestoHill.oo This overlay will carry out the TND Medium Density character district area in the Comprehensive Plan for the West Hill and Inlet Valley areas, Development would include NT-3, NT-4 and NT-5 transect zones. OV-TND-SH:oTraditionaloneighborhoodooverlayo–oSouthoHill.oo This overlay will carry out the TND Medium Density and TND High Density character district area in the Comprehensive Plan for the South Hill area. Development would include NT-3, NT-4, NT- 5, and NT-6 transect zones.o OV-TND-EH:oTraditionaloneighborhoodooverlayo–oEastoHill.ooThis overlay will carry out the TND High Density character district area in the Comprehensive Plan for the East Hill area. Development would include NT-4, NT-5 and NT-6 transect zones. Institutionalooverlayso(OV-I)o As section 2.2.3 describes, institutional transect zones should only be part of a larger institutional site – the campus and adjoining lands of Cornell University, Ithaca College, and the Cayuga Medical Center/Museum of the Earth area. An institutional overlay should define these areas, to prevent “campus creep” and “campus leapfrogging” into surrounding neighborhoods. Historicooverlayso(OV-H)o Historic overlays could provide a way to identify, preserve, and protect structures, sites, neighborhoods, or landscapes that are key parts of the town’s cultural, social, economic, and architectural heritage. As an alternative to the LHC/Limited Historic Commercial zone, a historic overlay zone could keep the underlying zoning, but incentivize preservation and enable adaptive reuse by adding to its list of allowed uses, depending on its setting. Plannedodevelopmento(OV-PD) Many codes offer a PD overlay, which keeps the underlying zoning, but changes some standards or allows some new uses, in return for concessions like increased open space or affordable housing. ..6 Zoneonamesoo Zone names now use a character-precedes-category scheme; character or intensity is identified first, followed by use category. Examples include LR/Lakefront Residential, MDR/Medium Density Residential, and NC/Neighborhood Commercial. This naming convention is less common than the category-precedes-character scheme, where residential zone names might all have a prefix of R, commercial C or B (business), and industrial I. Current residential zone names reflect the current zoning code’s exurban focus. For example, the MDR/Medium Density Residential district has a minimum lot size of 15,000’², or 2.9 units per net acre2. This density is on the low side for a typical Upstate New York village or suburb, and is much lower than the Plan recommendation for the TND Medium Density character district (5-8 units/acre gross). Zone names should follow the more common category-precedes- character scheme. This makes recognition at a glance easier, better harmonizes with other codes (and unofficial national standards), and recognizes the UDC’s new start. Zone names should be descriptive, yet objective. They should avoid the word “density” – its meaning is subjective. Zone names should also avoid confusion with pre-2003 zone names (R-30, R-15, etc.), still seen in older resolutions, local laws, and PD regulations. 2 2.9 units per net acre, not considering allowed accessory units. Accessory units must be 50% of the size of the main unit or smaller. The current zoning code considers the development pattern in the Glenside Road area as “high density residential.” 22 Zoningomapocolorso The current zoning map uses colors that distinguish between different zones, but not categories and intensities of zones. Various shades of blue, yellow, pink, and red represent residential zones; shades of purple and red commercial zones, and yellow and brown industrial zones. When a zoning map uses similar colors across different zone categories, with no consistency, it becomes more difficult to get a sense of the zoning pattern in an area. o The zoning map should use a more logical color scheme to show zone categories and intensity. Most zoning maps in North America use a variant of the following color scheme, an unofficial standard since the 1950s3. A category of zones shares a similar color or hue. • Agricultural, rural, and natural zones: green • Residential zones: yellowothroughoorange • Commercial zones: red • Industrial zones: gray • Institutional zones: blue • Mixed use zones: purple • Transect zones: lilac .. The folloring table shows how UDC zones can implement the future land use plan. To make the link between zoning and the Plan clear, zone descriptions in the UDC should note how they relate to the future land use/character district map. 3 Jeer, S., Bain, B. 1997. Traditional Color Coding for Land Uses. Chicago IL: American Planning Association. http://www.gsd.harvard.edu/gis/manual/style/ColorConventions.pdf Transect-Based Regulating Plans. Center for Applied Transect Studies. <transect.org/regulating_img.html> o 23 hh. Subdivision is the process of dividing a lot into two or more lots. The concept is simple, but the result can have a long lasting impact on the town, and lock in land ownership and development patterns for decades. Subdivision and land development in the town often happens in a piecemeal fashion, with little consideration about how a project relates to what’s existing or planned around it. The Town’s subdivision code dates back to 1955. It offers very little guidance Proposedozoneo-oUDho 2014ohomprehensiveoPlanofutureolandouseo designation/characterodistricto hurrentozoneo honventionaloruralozoneso hON: Conservation Natural/Open h: Conservation AG: Agricultural Rural/Agricultural AG: Agricultural honventionaloresidentialozoneso R-R: Residential - rural Semi-Rural Neighborhood LDR: Low Density Residential R-S1: Residential - suburban 1 Established Neighborhood MDR: Medium Density Residential R-S2: Residential - suburban 2 Established Neighborhoodo HDR: High Density Residentialo R-L: Residential - lakeside Established Neighborhood LR: Lakefront Residential R-MH: Residential - mobile home parko Established Neighborhood MHP: Mobile Home Parko R-M: Residential - multiple Established Neighborhood MR: Multiple Residence honventionalonon-residentialozoneso h-IV: Commercial - Inlet Valleyo Inlet Valley Gateway (n/a) h-N: Commercial - neighborhood (various) Nh: Neighborhood Commercial (and adjacent VFR areas) h-h: Commercial - community (various) hh: Community Commercial (and adjacent VFR areas) O-R: Office / Research Enterprise OPh: Office Park / Commercial IND: Industrial Enterprise LI: Light Industrial I: Industrialo Overlayozoneso OV-TND-EH: TND overlay - East Hill TND High Density (n/a) OV-TND-SH: TND overlay - South Hill TND High Density, TND Medium Density (n/a) OV-TND-WH: TND overlay - West Hillo TND Medium Density (n/a) OV-I: Institutional overlay Campus, Natural/Open, Rural/Agricultural (n/a) OV-H: Historic overlay (various) (n/a) OV-PD: Planned development overlay (various) (n/a) Neighborhoodotransectozoneso(form-based)o NT-3: Neighborhood - edge TND Medium Density (n/a) NT-4: Neighborhood - general TND Medium Density, TND High Density (n/a) NT-5: Neighborhood - center TND Medium Density, TND High Density (n/a) NT-6: Neighborhood - core TND High Density (n/a) Institutionalotransectozoneso IT-1: Institutional - natural/green Natural/Open (n/a) IT-2: Institutional - agricultural Rural/Agricultural (n/a) IT-3: Institutional - open Natural/Open, Campus (n/a) IT-4: Institutional - support Campus (n/a) IT-5: Institutional – campus edge Campus (n/a) IT-6: Institutional - campus core Campus (n/a) Otherozoneso PD: Planned development (various) PD: Planned Development Zone 24 for design, even compared to other model codes of the era. Fragmented land ownership, limited resources of local builders and developers, and policies that discourage infrastructure phasing don’t help. The current subdivision code has some flexibility for innovative projects, but it doesn’t define or incentivize quality design, and its discretionary standards offer no guarantee of outcome. The Comprehensive Plan recommends a different “long game” approach for subdivision and land development. It proposes regulations that consider how individual properties and projects fit into a larger whole – their current and future surroundings. The Town can implement the Comprehensive Plan’s vision with a UDC that helps build and shape neighborhoods, not just regulate subdivisions. .. hh Neighborhoods are the building blocks of the town. Lots are the building blocks of neighborhoods. Planning regulations now offer two options for creating new lots – conventional subdivision, and a cluster subdivision option in the AG, LDR, MDR, HDR, and MR zones. These tracks are set up with simple lot splits, residential subdivisions and complexes, and “pod in a park” clusters in mind – not the more complex, complete neighborhoods the Comprehensive Plan envisions. The UDC should build on this approach, and define several distinct development patterns or types, keyed to the zones where they fit best. Each development type would have custom and shared standards for lot size and arrangement, housing density, road layout, civic/park/open space design, and other features. Development types should include: • Conventional • Cluster • Pocket neighborhood • Traditional neighborhood • Institutional • Mobile home park Stapleton, a traditional neighborhood development in Denver, Colorado. “The term ‘subdivision’ is so ensconced in our language we rarely stop to think how appropriate it is: subdivision emphasizes the fragmentation of land, rather than the creation of a proper neighborhood of homes and relationships. — Randall Arendt A comparison of four development forms – unbuilt proposals for a condominium complex, cluster subdivision, and traditional neighborhood development at a South Hill site (Chase Pond); and the conventional subdivision that was later built. o 25 The table above shows zones where certain development types fit the Comprehensive Plan’s future land use goals. Subdivision and neighborhood design standards should be together in one section of the UDC, separate from details about the review and approval process. .. Conventional development comprises the lots and roads that result from the Town’s default number-lot subdivision process, under conventional zoning standards. It also includes lots recorded before the Town had zoning and subdivision regulations. The current subdivision code focuses more on the process of dividing land, than how to knit the resulting lots into something greater than their sum. The UDC should ensure that “default” conventional development uses land efficiently, fits into its setting, and weaves into a larger community fabric. Standards should clearly broadcast their intentions, ensure predictable outcomes, and focus on quality design over the minutiae of process.o Lotopatterns,osizes,oandoefficientolandouse Throughout the town, fragmented land ownership and inefficient lot patterns close off large areas of otherwise buildable land to infill development. Current planning standards only perpetuate this, because they don’t address lot shape, efficient land use, future development potential, and minimum densities. New York State Town Law §278-1 states that a key goal of subdivision control is “to provide for future growth and development.” UDC standards should result in efficient land use, and well-proportioned lots that relate to roads and the public realm. Standards should prevent uses and lot patterns that waste land, and accelerate urban sprawl,. Current minimum lot size requirements are a product of the current zoning code’s exurban and rural roots, a time when land was cheap, and policies favored low density suburban living as the ideal. The minimum lot size for the town’s LDR residential zone is 15,000’²; on the higher side for “standard” single family residential zones in other upstate suburbs. Under the conventional development track, there’s no relief mechanism to consider natural features, constrained sites, housing variety or bonuses, or other attributes, except for the variance process. Developmentotypeo▶o honventionalo developmento hlustero developmento Pocketo neighborhoodo developmento Traditionalo neighborhoodo developmento Institutionalo developmento Mobileohomeo parkoZoneo(currentoo andoproposed)o▼o C (hON) AG, LDR (R-R) MDR (R-S1), HDR (R-S2), MR (R-M) LR (R-L) MHP (R-MH) C-IV, NC (h-N), CC (h-h) OPC (O-R), I (IN-L) TNDooverlays: all zones Institutionalooverlay: all zones Development is not the problem. It is really the solution. The real problem is the pattern of development. The key is putting quality development in the right place. Land use regulations can direct development to certain areas and protect open lands. But regulation, by itself, can’t remedy the problems associated with current land use patterns. Only new development and a strong comprehensive plan can do this. — Ed McMahon, Scenic America Bowling alley lots in Northeast Ithaca use land inefficiently, and prevent infill in a prime location near Cornell University. 26 To use land more efficiently and prevent underdevelopment, residential zones should have minimum and maximum densities and lot sizes. Lot size and density ranges should also reflect current conditions and planning goals. Development under a 12,000’² or 10,000’² minimum lot size in the MDR zone, with the same 100’ minimum width but a lot depth shorter than 150’, would have a similar look and feel as with today’s 15,000’² minimum, and make little impact on developed areas where lot sizes and shapes don’t favor splitting. Minimum lot depth standards, like in the current zoning code, can hinder infill development. A width-to-depth ratio range of 1:3 to 3:1, along with minimum frontage or width standards, offers more flexibility for shallow lots or infill, and prevents new “bowling alley” or “spaghetti” lots. One way to ensure that a close-in, lower density subdivision can be built out to suburban or urban densities in the future is a buildout plan. It shows provisions for future lots, setbacks, roads, and utility areas over the entire site, along with restricted building areas. Buildout plan lots aren’t recorded, but their lot pattern must be feasible under the UDC and other standards – not just conceptual. The UDC should require binding buildout plans when someone wants to plat new lots that are much larger than the minimum lot size, or build at a much lower density than what current or anticipated zoning allows. Lot size averaging allows lot sizes and building setback sin a subdivision to vary from code minimums and maximums, if the average falls in an acceptable range. This flexibility is useful for developing housing on unusually shaped parcels, mixing housing types and price ranges throughout a subdivision, or achieving a certain density while keeping a large “parent lot” for the original owner. Lot size averaging should not be a substitute for cluster or conservation subdivision. Frontageolotso Much of the town's subdivision activity involves creating frontage lots along outlying arterial and collector streets, usually with no tandem development behind. Over time, they intrude on views of once-rural landscapes, isolate working and open lands, and turn busy county and state roads into high speed versions of neighborhood streets. The Town, county, or state indirectly subsidize frontage subdivision, because a subdivider can use an existing public road for access, instead of building a new road. Formal review of all subdivisions, including lot splits, helped to moderate frontage subdivision in the town. However, current subdivision regulations still perpetuate it, by treating splits along hity/town/villageo Defaultooroo mostocommono residentialozoneo Minimumoo lotosize*o Minimumo frontageoorowidtho Minimumoloto deptho Netodensityo (principalounits)o Ithacao(town)o MDRo 15,000’²o 60’oatostreet,o100’o atosetbackolineo 150’o ±2.9ounits/acreo hayugaoHeights (village) R ⟨18,750’²⟩ ** ⟨125’ width⟩ ⟨150’⟩ ±2.3 units/acre Dryden (town) NR 10,000’² 150’ n/a ±4.4 units/acre Lansingo(village) MDR 20,000’² 100’ n/a ±2.2 units/acre Trumansburg (village) R-1 15,000’² 100’ n/a ±2.9 units/acre Horseheads (town) (Elmira area) RES-A 15,000’² 100’ n/a ±2.9 units/acre Union (Binghamton area) SSF 9,000’² 60’ n/a ±4.8 units/acre Vestal (Binghamton area) RA-1, RA-2 9,000’² 75’ n/a ±4.8 units/acre hamillus (Syracuse area) R-3 10,000’² 80’ n/a ±3.8 units/acre hlay (Syracuse area) R-10 10,000’² 75’ n/a ±3.8 units/acre DeWitt (Syracuse area) R-2 9,600’² 80’ n/a ±4.5 units/acre Henrietta (Rochester area) R-1-15 15,000’² 80’ n/a ±2.9 units/acre Penfield (Rochester area) R-1-20 20,000’² 100’ n/a ±2.2 units/acre Webster (Rochester area) R-3 22,000’² 100’ n/a ±1.9 units/acre Amherst (Buffalo area) R-2 11,500’² 80’ n/a ±3.8 units/acre hheektowaga (Buffalo area) R 7,200’² 60’ n/a ±6.0 units/acre Lancaster (town) (Buffalo area) R-1 9,375’² 75’ n/a ±4.6 units/acre WestoSeneca (Buffalo area) R-75 10,000’² 75’ n/a ±3.8 units/acre * - minimum lot size where water and sewer service are available. ** - no specific minimum lot size; implied by minimum average width and depth. No great town can long exist without great suburbs. — Frederick Law Olmsted o 27 busy roads no differently than those along local streets, and setting no time limits between successive resubdivision. The Comprehensive Plan recommends further restricting residential frontage subdivision. The UDC should keep formal review for lot splits along collector and arterial roads. A long interval (10 to 20 years or more) between successive resubdivision can prevent their use as a loophole around a more formal review process. Agricultural lot splits should require a buildout plan to prevent successive frontage lots over time, and ensure parent lots are large enough to support a viable agricultural operation. The UDC can also use the following approaches to control frontage subdivision. • Level the playing field between standards for conventional and cluster development. • Favor cluster development in CON and AG zones • Require a buildout plan for conventional development in AG, LDR (R-R), and MDR (R-S1) zones. • Remove loopholes that allow cluster subdivisions in the form of frontage lots. • Require shared access for lots split from a parent lot along collector and arterial roads. • Limit the number or frontage length of new lots fronting on the same road as a parent lot. • Apply context-sensitive road design standards to very small subdivisions. • Incentivize new subdivision roads and infrastructure over building on existing arterial and collector roads through reimbursement agreements. They allows the first developer that builds roads or infrastructure in an area to recover disproportionate expenses from latecomer developers who benefit from the improvements. Flagolotso In the past, the Zoning Board approved many variance requests for flag lots – lots with a flag-like shape, with a long, narrow access strip or “pole” to a public road. Because current regulations technically don’t allow them, there’s no guidance about where they are and aren’t appropriate. Fag lots can be useful in some cases, but they are also a way for a subdivider to avoid the expense of a new common road to access interior lots. They increase hazards from turning vehicles, because their access strips decrease driveway spacing. Houses on flag lots often face the back end of the street-facing house, separating their residents from the public realm and the larger neighborhood. The UDC should still allow flag lots, but only when it’s the most practical option for subdivision, not the cheapest. A flag lot may be appropriate when it allows infill on a deep “bowling alley” lot, access to a lot on a busy street from a nearby local road, or physical constraints prevent other configurations. UDC standards for flag lots should include the following: • The access strip (pole) area doesn’t count when measuring lot area. Frontage lots eat away at rural landscapes, and turn collector and arterial roads into high speed versions of neighborhood streets. Examples of stacked flag lots (far left) and alternatives (from least to most preferable) in the Town of Pittsford zoning code. This also shows how shallow lots and short setbacks can be appropriate for infill. 28 • Minimum access strip width, and maximum length/depth. • No stacking flag lots behind other flag lots. • No more than two adjacent access strips. • The parent and flag lot should share the driveway. • Houses should face the access drive, not the back of the parent lot. • No use of flag lots solely to lower or eliminate the cost of building roads, increase building sites with access to a collector or arterial road, or split ownership of an accessory residence from a principal residence. 2.3.3 Cluster development Cluster development, such as Ecovillage at Ithaca, concentrates housing on a larger site, in groups or “clusters” of smaller lots and multiunit buildings, and preserves remaining land as parkland or common space. In practice, the cluster subdivision option sees more use as a way to allow attached housing or more flexible subdivision design, with open space being a side benefit rather than a main goal; examples include Deer Run and Commonland. Cluster development doesn’t always work as it should. There may be no coordination of architecture and other details. Open space can takes the form of buffer strips, common yards, or out-of-the- way remnant sites with little conservation or recreation value. Standards don’t require coordination with broader greenway planning and open space protection goals. Some cluster projects look and feel like conventional development. A stopgap amendment in 2013 partly addressed some of these issues, by allowing more flexibility for building location and spacing. Clustering standards should be more flexible and objective, and clearly inform and guide site planning. Standards should also consider context, placing a higher priority on conservation in more rural and exurban areas, and compact, efficient land use in suburban and urban settings. The process should lift potential barriers that keep cluster subdivisions from being used for smaller subdivisions and lot splits. They should also call for more common open space than the current minimum of 10%. Under state law, cluster standards in a subdivision code must be density neutral. They can’t allow more principal housing units on a site than what’s possible with conventional development. However, state law allows density bonuses in zoning and unified development codes. The UDC should incentivize cluster development with density bonuses for open space, affordable middle market and income-qualified housing, and other desired amenities. honservationosubdivisiono Conservation development aims to protect large blocks of working and natural lands, and environmentally sensitive features such as wetlands, floodplains, waterways, and steep slopes. Like a cluster development, standards allow smaller lots, to provide more flexibility to fit the project to the landscape. However, conservation development differs from regular cluster development in several ways. • High standards for what qualifies as open space, and its amount and siting. Current clustering standards require only 10% of a parcel to be set aside as open space. Conservation standards designate much higher percentages, based on zoning and buildable land area. Conservation area location takes priority over house siting. • More influence over design. This includes detailed design and site planning standards, density bonuses for conserved land area or public access, and disincentives for land consuming layouts. Conceptual backlot development on bowling alley lots. (Woking Borough, UK) o 29 • Value of open space. Conservation area and open space siting serves a purpose; it’s not just there for its own sake. It aims to create an interconnected open space network; maintain viable farmland; and buffer development from state parks, preserves, and other sensitive areas offsite. The LDR (future R-R) zones are ideal locations for conservation development, along with MDR (future R-S1) areas with environmental constraints. Minimum open space requirements should range from 90% in the CON zone, to 70% in the R-R zone, and 50% in the R-S1 zone. Their pod-like design helps them lay light on the landscape in outlying areas, but it isn’t the best fit in areas favoring more compact and interconnected neighborhoods. Growing Greener by Randall Arendt has model development standards that can inform UDC cluster standards. 2.3.4 Pocket neighborhood A pocket neighborhood or cottage court is a compact grouping of small houses around a common courtyard or garden area. Multiple clusters and common areas, connected by walkways, can form a larger community. Site planning emphasizes social ties, household identity, efficient land use, and integration into a larger surrounding neighborhood, over buffering and preserving open space. Planning standards for pocket neighborhood design often reflect these time-proven design concepts. • Clusters of about 4 to 12 houses. Smaller clusters lack the diversity of a larger group; larger clusters aren’t as neighborly. • Shared common space. It’s the heart of a pocket neighborhood, and what gives it vitality. • Outdoor rooms. Site planning strengthens the ‘outdoor room” character of the shared commons. House facades and porches – not rear or side building walls – face common spaces, and provide eyes on the street. Siting mailboxes, parking areas, and common buildings where residents have to pass through common spaces encourages sociability. • Corral the car, but not too much. Parking is inconspicuous and located throughout a site, not front and center in large parking lots or garages. Spaces and small bays are often off internal streets or rear alleys. • Connected and contributing. Site planning weaves a pocket neighborhood and its shared open spaces into the fabric of the surrounding streetscape; not set it apart as a compound. Neighboring lots aren’t subject to “utility side” views of parking or service areas • Layers of public, semi-private, and personal space. Multiple layers of personal space (front porch, fenced yards, clear transitions between spaces serving different functions) Let us ask the land where are the best sites. Let us establish criteria for many different types of excellence responding to a wide range of choice. — Ian McHarg Danielson Grove pocket neighborhood in Kirkland, Washington. (Ross Chapin) honservationosubdivisionodesignosequenceo 1: Analyze the site. 2: Evaluate site content. 3: Designate potential conservation areas. 4: Calculate minimum and maximum housing density. 5: Locate development areas and explore alternatives. 6: Locate house sites. 7: Lay out streets, trails, and other infrastructure. 8: Design and program open space. 9: Lay out lot lines. 10: Establish ownership and maintenance of open space. 30 achieve a balance between privacy and community. Site planning avoids buffer strips and other “no-mans-land” areas that seem neither common nor private. • Places for planting. Common gardens foster connections with neighbors, and private garden areas let residents add their personal touch to community character. • Slightly snug. With smaller cottage-like houses, porches, gardens and shared common buildings are used more, fostering connection among neighbors. Pocket neighborhoods allow more housing options, but in a way that affirms the character of residential neighborhoods. A cozy “neighborhood in a neighborhood” design makes them a better fit for urban and suburban settings, like the MDR, HDR, and MR zones (future R-S1, R-S2, and R-G) and TND transect zones, than conservation subdivisions. Small “pocket hamlets” can also be an alternative to frontage subdivision in outlying areas. Housing density in pocket neighborhoods should be based on the number of principal and accessory units possible under conventional development. For example, if a site yields 10 lots under a conventional subdivision, with a buildout of 10 principal and 10 accessory housing units, a pocket neighborhood should yield 20 principal units, with no accessory units. House sizes should be smaller (1,000’² to 1,500’²), to ensure pocket neighborhoods help satisfy Comprehensive Plan goals for housing variety and affordability, and don’t serve as a loophole allowing large houses at higher densities. 2.3.5 Traditional neighborhood development T and the transect Traditional neighborhood development (TND) is a planning principle that reinterprets and applies the basic development pattern and design elements of pre-1950 villages and neighborhoods to new development projects and neighborhoods. A TND-based neighborhood is compact, built on a foundation of pedestrian-friendly, human-scale streets, blocks, and public spaces; offers a wide range of housing types and densities, and provides parks, gathering places, and storefront and civic uses close to where most people live. The Comprehensive Plan, its GEIS documents, and the various reports of the Form Ithaca initiative, describe TND and its benefits in more detail. Left: Traditional neighborhood development (TND). Right: Conventional suburban development (CSD). Traditionaloneighborhoododevelopmentodesignosequenceoo 1: Analyze the site. 2: Define community units (areas centered on a pedestrian shed, a 5- to 10-minute walk to a central location). 3: Lay out streets, alleys, and greenswards, following street and greenway design and connectivity standards. 4: Lay out transect zones in each community unit, following zone allocation and location standards. 5: Assign parkland, open space, and civic use sites in each community unit, following civic space allocation and location standards. 6: Calculate minimum and maximum housing density. 7: Lay out lot lines following lot size and shape standards, assign mandatory storefront frontage areas (in higher transect zones), and assign building types (optional), in a way that meets density goals at buildout. Conceptual regulating plan in the Onondaga County TND code. o 31 TND projects are planned through a design process, rather than a mechanical exercise in geometry. This, and many other aspects that set it apart from conventional and cluster development – its street pattern, mix of zones, variety of housing and uses, types of civic and open space, focus on walkability, density ranges, and the way they work together – call for special design standards in the UDC. As Section 2.2.2 describes, the SmartCode has a step-by- step sequence for designing new neighborhoods, which can be adapted for the UDC. Neighborhood design standards can draw on the SmartCode, and other form-based codes in upstate New York like the Buffalo Green Code, Saratoga Springs Zoning Code, and Onondaga County TND Code. Even with TND-oriented zoning, there will still be some barriers to building a larger complete neighborhood – a fragmented land ownership pattern, limited resources of small local developers, and a moderate growth rate. A regulating plan, guided by the outcome of a charrette, can help overcome them. A regulating plan that divides a larger new neighborhood area into more manageable phases can ensure owners of smaller parcels, and local builders and developers, have a part in building the town’s new neighborhoods. A regulating plan also makes it easier to manage impacts as a whole, compared to having many incremental, separate development decisions. Charrettes are one way to create a regulating plan. A charrette is a collaborative process where designers, planners, stakeholders, and decision makers collaborate on a plan. They often include multiple sessions where people divide into sub-groups, work on a solution or design for an aspect of the project, and present its work to the full group as material for further dialogue. Designers help fine tune those ideas into a viable plan. Zoning overlays (see section 2.2.5) should define areas where future growth must take the form of TND. 2.3.6 Street layout and design Streets are the building blocks for all American communities. Behind state parks, they make up the largest amount of public space in the Town of Ithaca, and they play a major role in defining its character. Streets were historically the true “commons”; active spaces used for commerce, gathering, socializing, recreation, dining, celebration, protest, and travel. Most streets in the town were designed and built for one main purpose – to move vehicles around as quickly and efficiently as possible. Current design standards reflect a rural and exurban outlook, with ditches and swales for drainage, soft shoulders, no tree lawns or street trees, and until very recently, no sidewalks. The Town is slowly retrofitting some streets with walkways, but for now, its off-road trail network is more extensive. Left: In the Town of Ithaca, residential streets usually have a rural design, with soft shoulders, ditches, and no sidewalks. Right: In suburban Buffalo, streets with curbs, tree lawns, and sidewalks are more common, even in lower density neighborhoods. The Louisiana Land Use Toolkit includes street profiles for rural (left) and suburban (right) contexts. 32 The Comprehensive Plan recognizes street form and layout is a crucial part of neighborhood design and placemaking. compact, walkable neighborhoods the Plan envisions can’t be built on a framework of vehicle-centric streets. The Plan takes a more holistic and comprehensive approach towards street layout and design, integrating it into a broader context of land use, development form, placemaking, sustainability, and quality of life. The 2007 Town of Ithaca Transportation Plan also raised many of the same issues about street layout and design as the Comprehensive Plan. Most are still relevant. The UDC gives the Town a way to implement those aspects of the Transportation Plan. UDC standards should aim to build roads that serve all potential users, and that are also great places in their own right – not just conduits to get from Point A to Point B. hontextosensitiveodesign The Town of Ithaca Highway Specifications Guide, separate from the Town Code, is based around uniform, largely rural- and exurban-oriented road design standards, regardless of context. It lacks street profiles – the form and combination of components that make up a road – that fit and work better for denser suburban or urban settings. One result of this “one size fits all” approach is that streets are often out of place for their surroundings – overbuilt or underbuilt, or too “rural” for their suburban neighborhoods. For example, many low-traffic residential streets in Northeast Ithaca have wide lanes, center double-yellow line markings, soft shoulders, deep ditches, and no sidewalks, making them look and feel more like rural collector or arterial roads. Both the Town of Ithaca Transportation Plan of 2007 and the Comprehensive Plan recommend context sensitive street design over the current one-size-fits-all approach. Context sensitive design considers a street’s function; its users; its surroundings; how it supports current and future land uses, and its impact on aesthetic, historic, cultural and environmental resources. The UDC should embrace this approach, with street design standards that match these elements to function, context, and zone. • Right-of-way width. • Pavement type, width, and geometry. • Pavement edging. • On-street parking presence and form. • Bike lane presence and width. Street assemblies from the Charleston, South Carolina street design standards. o 33 • Sidewalk width and details. • Tree lawns, rain gardens, and street trees. • Bus stops. • Street lighting. Design standards must have street profiles or assemblies that fit suburban, urban, and mixed use settings; not just exurban and rural. Redevelopment projects should include street improvements that bring them closer to UDC standards. Over time, this can address the lack of sidewalks in some areas. Conceptual street assemblies in the Form Ithaca transportation study are a good starting point for drafting UDC standards. The Plan recommends road diets as a way to “rightsize” roads overdesigned for much higher speeds and/or traffic volumes than necessary. These are some easy, inexpensive ways to put existing Town roads on a diet, and make them feel narrower. • No lane dividing striping, especially for residential streets. • Edge lines that squeeze or meander the travel area, and define an informal walkway on either side. • Street trees close to the pavement edge. • Contrasting shoulder color or material. hompleteostreets Streets are the Town’s largest public investment, but their auto- oriented focus leaves out a broader public of users – pedestrians, cyclists, motorists, transit users, and fronting property owners. Current street design standards emphasize movement of vehicle traffic above other considerations. Although there is a growing network of recreation trails in the town, accommodation of bicycles and pedestrians on town roads is rare, and usually an afterthought where it exists. Single use streets limit transportation choices by making walking, bicycling, and using public transportation inconvenient and even unsafe. The Comprehensive Plan endorses complete streets, a design philosophy that enables safe access for all users, including drivers, cyclists, pedestrians of all ages and abilities, and public transit users. The Town also adopted a complete streets law in 2015. The UDC should implement Plan recommendations and the new law. UDC street design standards should follow complete streets practices, appropriate to the setting, for new streets and improvement projects. Off-street recreational trails should supplement roadside sidewalks, not substitute for them. Streetopatternoandoconnectivity The street pattern in the town is typical of an upstate New York suburb – a foundation of state and county roads, network of well- connected streets in some areas, and disorienting loops and long cul-de-sacs in others. Lack of connectivity separates and isolates subdivisions and complexes from the larger neighborhood or community. The Comprehensive Plan advocates physically and socially interconnected neighborhoods. Improving connectivity and limiting cul-de-sacs improves the walking environment, provides more ways for people to navigate their surroundings, shortens response times for first responders, and makes public transportation and other routed services more efficient. UDC standards should favor a more regular and interconnected street pattern, over one with winding loops and cul-de-sacs. Some codes use a connectivity index, a measure of street network and connection density. They are calculated as the number of road segments between intersections, divided by the number of intersections and dead ends. Current street length requirements have emergency access in mind more than connectivity. They set a maximum block length of 1,500’, and cul-de-sac length of 1,000’. The UDC should follow more recent practice, and limit block lengths to 600’ to 1,000’ in urban and suburban settings. Permanent cul-de-sacs should be an option of last resort, and no longer than 500’ in urban and suburban settings. Pedestrian greenways should up blocks longer than a than a certain length, and pass through the ends of cul-de-sacs. Current subdivision regulations ban alleys in residential development “unless the subdivider produces evidence satisfactory to the Planning Board of the need therefor.” The UDC should do the opposite, and allow alleys in TND neighborhoods and denser conventional zones. Any town that doesn’t have sidewalks doesn’t love its children. — Margaret Mead Streets in the Belle Sherman Cottages development provide safe access for all users – drivers, pedestrians, and cyclists. 34 Current subdivision regulations require stub streets for future access to adjacent undeveloped land. However, they don’t require future development to connect to pre-existing stubs. The UDC should have more specific stub road standards. It should require stubs to adjacent properties where the shared boundary is longer than a certain length, and connection to stub roads touching the site. It should also ban “spite strips” that intentionally block access, and undedicated road provisions. The UDC should require a durable “future through road” or ”future development” sign at the end of a stubout, as a constant reminder to neighbors that the stub will someday extend and connect into a future development. Future intent signs are useful for road and path reservations, undeveloped parks, and other provisions. o Privateoroads One of the newest roads in the town is Walnut Street, in the Belle Sherman Cottages development. It’s also one of the town’s most “urban” roads, with curbs, on-street parking, tree lawns, and tight corners. Even though it has a higher level of improvements than most Town roads, the Town made the developer build it as a private road, largely because it was narrower – and thus harder to plow – than a more typical rural-style road. Development proposals with private roads are increasingly common. In part, it’s because there are limited “official” options in the Town’s current design standards, and there’s not much flexibility for something different. In other cases, it’s to reduce development costs, sometimes under the pretext of being “greener” than paved roads. More commonly, the Town is hesitant to assume maintenance costs for a new road – even if the road will serve a higher density development, and have lower per-household maintenance costs, than a Town-owned road in a low density area. With no guidance for private roads, the result can be roads built to much lower standards than what the Town would otherwise allow. Flexible context-sensitive road design standards can reduce dependence on private roads, especially for projects in a more suburban or rural setting. To prevent “downgrades”, the UDC should have criteria for when private roads are an option (for example, small non-through streets that serve very few residences), and be specific about how their design can vary from pubic roads. Private roads should not be a device for using inadequate or out-of-context design or materials, or limiting access. Limited resources of small developers should not justify lower standards for their projects. 2.3.7 Parks, civic areas, and open space Parks and open space play a vital role in defining Ithaca’s culture and character. It’s critical that they accommodate diverse uses and users, and foster the connections that are so integral to Ithaca’s sense of place. The UDC must have public space dedication and design standards that provide a range of context- appropriate park and open space types in all new development.o Parkoandoopenospaceolocationoandodesign One Comprehensive Plan recommendation is that new parks and common open space are “amassed into meaningful, quality spaces … contiguous to the maximum extent practicable, and located where they are visually and functionally part of the public realm.” Current planning regulations set out minimal standards for location, quality, configuration, or programming of parks or A collector in a typical hierarchical network (top) channels traffic to the arterial street system. A system of parallel connectors (bottom) has multiple direct routes between origins and destinations. (Kimley-Horn and Associates) o 35 protected open space. Some of these areas take the form of disconnected parcels, buffers, and land hidden between backyards – isolated, unusable, or of little conservation value. Neighborhood parks and open space should serve a useful purpose – a focal or gathering point of the community, a place where someone can hike or garden, or a preserve protecting natural features and wildlife habitat. Design standards need to consider function, size and shape, accessibility, interconnectivity, perimeter frontage, and distribution. Parks, riparian corridors, and open space should be part of the public realm, fronting on roads that open up to the surrounding neighborhood, instead of hiding behind rear yards. New development should work existing or undeveloped parks into the project, expanding or linking them into a larger integrated open space network. Isolated patches of green space, and corridors or buffer strips where ownership feels private or ambiguous, must not substitute for parks and open space that look and feel like safe, welcoming, and truly public spaces. The UDC should tailor type, location, and function of new parks and open space areas to the development pattern. The SmartCode template spells out different types and configurations of civic space, with standards for location, size, and accessibility. For example, it may require a 1/4 acre community garden within 500’ of all residences, and a 5 acre common green within 750’. 2.3.8 Housing variety and affordability Housing affordability is one of the area’s most pressing civil priorities. Zoning regulations in the town and nearby communities make single family houses on large lots the default form of housing. Expensive land, high construction costs, small builders and developers with limited resources, and zoning that goes against current market conditions and preferences, are just a few of the many things that undermine market rate housing with middle income, full-time residents in mind. The Comprehensive Plan emphasizes the need for a wider range of housing types at all price points – not just large, expensive homes, student-oriented apartments and duplexes, or subsidized, income-qualified units. The UDC can’t address all the factors behind high housing costs in the Ithaca area. However, it can help by making a better match between the types and settings of housing it allows, the kinds of places where people want to live, and what residents can afford. Missingomiddleohousingoo Current zoning is set up with a limited range of housing in mind – single family houses, duplexes, and apartment complexes. It’s possible to build other types of housing through the more Examples of missing middle housing. (Opticos Design) This park in Denver fronts on streets, and is part of the public realm. Artist's conceptions' and persuasive renderings can put pictures of life into proposed neighborhood parks or park malls, and verbal rationalizations can conjure up users who ought to appreciate them, but in real life only diverse surroundings have the practical power of inducing a natural, continuing flow of life and use. — Jane Jacobs, The Death and Life of Great American Cities 36 complicated planned development zone and cluster subdivision processes. The Town’s zoning has long been ahead of the curve in allowing accessory units. The Comprehensive Plan aims to fill the “missing middle” between those housing types. Missing middle housing types include smaller bungalows and patio homes, two-flats, fourplexes, pocket neighborhoods, live-work units, and townhouses in a neighborhood setting. They achieve medium-density yields, and provide high quality, marketable options that meet the changing wants and needs of year-round residents. They’re also a key part of building a diverse, resilient neighborhood where residents can age in place. The UDC should foster missing middle housing, especially in targeted TND areas, cluster subdivisions, HDR (R-S2) and MR (R-G) zones, and existing neighborhoods near busier roads and employment centers. Lotosizeoandolandoareao Current zoning sets relatively large minimum lot size or land area requirements for each housing unit. The more land a house or apartment needs, the higher the “hard costs” of land acquisition, site work, construction, and road and utility improvements for each unit. Low maximum densities with high land costs also make it difficult, if not impossible, to build middle market housing at a reasonable profit. The result – a developer can only make the numbers work if they build at the high end of the market, or get subsidies. UDC coding should revisit minimum lot sizes and maximum housing densities in conventional zones, to ensure middle market housing is feasible without subsidies or tax breaks. As this report recommended earlier, the Town should also consider wider use of the HDR (future R-S2) zone, reconsider the current role of the MDR (future R-S1) zone as the “default” suburban residential zone, and make compact TND mandatory in targeted areas under the Comprehensive Plan.o Inclusionaryozoningo The Comprehensive Plan recommends inclusionary zoning – voluntary “carrots” of incentives and bonuses, and mandatory “sticks” of required affordable units or setasides – as part of the Town’s planning toolbox. o Density bonuses, which raise the normal density ceiling of a site if development includes affordable housing, are a popular “carrot” approach. For example, regulations may award one bonus housing unit for every two affordable units in a development. If the normal maximum density for a zone allows 20 units on a certain site, but a proposal includes 10 affordable units, zoning awards two bonus units, and allows 25 units. Inclusionary zoning is most often associated with regulations that require a minimum percentage or number of affordable housing units in a new development. For example, regulations may require one affordable housing unit – usually income–qualified or with deed restrictions that limit resale price – for every five market rate units in a development. If a proposal includes 20 units, at least three must be affordable, and no more than 17 can be market rate. Because mandatory affordable housing can cut profits and increase costs, developers often subsidize affordable units by increasing the price of market rate units. If unchecked, this can perpetuate the “barbell effect” in the region’s real estate market, where middle market housing is ignored. If the UDC has inclusionary zoning, there needs to be the right balance of “carrot” and “stick” approaches to offset the financial mandate, and ensure it doesn’t put up any barriers to middle market housing. Inclusionary zoning regulations, whether they use a voluntary, mandatory, or mixed approach, usually address these variables. • Level of density bonus. A bonus needs to be high enough to make a mixed-market project more profitable than with higher-end units alone, but with limits so they don’t favor all-affordable over mixed-market projects. • Percentage or number of housing units that must be affordable. • Minimum development size that triggers a requirement to provide some inclusionary housing. Some communities use cash-in-lieu-of fees, with proceeds going into a housing fund, to prevent small, incremental projects from being a loophole around inclusive housing requirements, • Types of housing that are exempt from inclusionary housing. Some examples are group housing, residential care facilities, and extended stay lodging. • Income level or price defined as "affordable," and buyer qualification methods. Some regulations target income- qualified or workforce housing, while others qualify market rate, middle-end housing, based on what a middle-income household in the county can reasonably afford. • Appearance and location of inclusionary housing units. Regulations often require qualifying units to be indistinguishable from market-rate units, or use the same materials and design details. • Longevity of price restrictions attached to qualifying housing units, and allowable appreciation, if applicable. Income-qualifiedoandosubsidizedohousingo The Town of Ithaca has a long history of welcoming subsidized and income-qualified housing. However, that housing often takes the form of physically and socially isolated complexes, with no market rate units among them. In part, this is an unintended result of state and federal Low Income Housing Tax Credit (LIHTC) programs. In the Ithaca area, underlying economics o 37 make 100% income-qualified LIHTC projects more feasible than those with a mix of market rate and subsidized units. The Town has little power to change state and federal affordable housing programs, or factors making mixed-income LIHTC projects unfeasible. UDC design and siting standards should require better integration of all multifamily housing – regardless of funding source – into the surrounding neighborhood fabric. Manufacturedoandotinyohouseso Manufactured houses, often called mobile homes, look more house-like than the trailers of years past. However, the bulk still have a distinctively impermanent look – low roof pitch, skirting, odd window spacing, and lack of eaves or window trim – that sharply contrasts with surrounding site-built and off-frame modular houses. They’re also depreciating assets that don’t create equity for their owners. The Comprehensive Plan doesn’t recommend any new mobile home parks in the town. This report doesn’t recommend allowing manufactured/mobile homes, or similar “hudular” or “sectional ranch” houses (double-wide mobile homes with a metal subframe, that follow local building codes instead of HUD requirements, and which some lenders treat the same as mobile homes), outside the MHP zone. There is growing interest in tiny houses – very small site-built and manufactured houses, often with whimsical or modern design. If the UDC allows tiny houses, it should consider them an “Ithaca- style” option in certain settings, like rural areas or bungalow court-like groups. The UDC could define and allow certain types of tiny houses for accessory units – at least those secured to a permanent foundation, with fixed utilities, and without wheels or hitches. It could also allow a tiny house on skids as a temporary elder cottage, or for short-term residence where the occupants’ permanent house is under construction. Regulations also need to consider state building code requirements for habitable building area. Tiny houses still have a limited niche. The UDC and Town policy should not treat a tiny house as an affordable substitute for a conventional house, townhouse, or apartment. 2.3.9 Subdivision revie reform The current subdivision code intermingles the subdivision review process with design standards and regulations. As section 2.1.2 of this report recommends, subdivision review procedures should be in a larger development review chapter, separate from design and development standards. Subdivision approval procedures should be objective, consistent with state law, and avoid uncertainty. The UDC must fill in the voids of subdivision regulations – different levels of land division, lot line adjustment, phasing, and assurance of infrastructure improvement. Vesting standards – the timeframe that a subdivision approval is valid, and the conditions to make it permanent – now vary wildly from common practice. They lock in preliminary and final plat approvals for much longer timeframes than state law (and most communities in New York) require, and keep moribund proposals “active” for years. This can also cause problems if there is a rush of preliminary subdivision applications, following current regulations, before the Town adopts new planning regulations. This report discusses vesting more in section 2.6.4. Subdivisionoandolotolineoadjustmentoreviewoprocesso The only process to divide land in the town is the formal number- lot subdivision. All subdivisions, whether they’re conventional or cluster, or create 50 new lots or one, require formal preliminary and final plat approval by the Planning Board. The current subdivision code lacks formal, separate major subdivision and minor subdivision processes. Instead, there are two unofficial levels of review; a combined preliminary/final plat for smaller subdivisions, and separate preliminary and final plats for larger projects. Staff discretion determines what projects see combined or separate review. Subdivision regulations are also silent on lot line adjustment, lot consolidation, or subdivision and road vacation. The Town Engineer reviews and approves some lot line adjustments that staff considers “minor.” The Planning Board reviews others as a two-lot subdivision and lot consolidation – instead of moving the lot line, it splits one lot into two, and merges the new lot into the neighboring lot. As with subdivision, staff discretion determines the process. Instead of one-size-fits-all number-lot subdivisions, the UDC should have three levels of subdivision review and approval. Tiny house. (Benjamin Chun) 38 • Administrative review: staff review and approval. • Minor subdivision review: one-step (combined preliminary/final plat) Planning Board review and approval • Major review: two-step (separate preliminary plat and final plat) Planning Board review and approval The level of review should correspond with impacts or policy implications. There must be clear criteria for what actions need what types of approval. Criteria for review level should consider: • Number of lots. • Lot configuration. • Lot location, zone, and frontage type. • Need for new roads or infrastructure. • Time between other subdivision requests on the same site or lot. • Buildout plan and existing neighborhood infill. • Buildable lot versus utility lot. • Decreased development potential in suburban and TND areas. Criteria for lot line adjustment should consider: • Lot area or percentage affected. • Lot configuration. • Decreased development potential in suburban and TND areas, or agricultural production area. • Right-of-way, or civic or open space involved. Review processes should also address vacating subdivisions and rights-of-way. Phasingoandoperformanceoguaranteeso Current subdivision regulations allow subdivision phasing plans, showing groups of lots to be approved as separate final subdivisions over time. However, unofficial Town policy discourages utility and infrastructure phasing. The outcome favors small, scattered projects over larger projects. With the town’s moderate growth rate, and small builders and developers with limited resources, this policy makes it impractical to plan for or build all the infrastructure for a larger subdivision or new neighborhood at one time. Small builders have more exposure to financial risk that could leave subdivisions abandoned after recording. Utility and infrastructure phasing makes it more feasible to build a centrally planned new neighborhood, because capital investment is also phased, and the time to recoup an initial investment is much shorter. Developers have less exposure to financial risk, because their money is invested for a small number of lots or units for more immediate sale; not infrastructure that will sit dormant for many years. Current regulations allow platting and recording subdivisions with no guarantee of future improvements. For final subdivisions, the Planning Board now imposes a standard condition that the Town won’t issue building permits on any lots until roads and utilities are in place. Because any recorded tax parcel can feasibly be bought and sold, the Town is exposed to the many problems of a “paper subdivision” with unfinished or defective improvements. Most communities require a developer to build infrastructure upfront, or obtain a performance guarantee – financial assurance to cover the cost of building roads, infrastructure, and other improvements – before recording a subdivision. With a performance guarantee, when improvements aren’t complete by a certain time, or they are substandard, the community enforces the guarantee, and uses the funds to finish or fix the infrastructure. If the developer finishes all improvements properly and on time, the community releases its interest and returns the bond. Performance guarantees have more benefits and fewer shortcomings than building permit holds. Their use follows state law, ensures timely completion of improvements, discourages “dollar and a dream” projects with little or no financial backing, avoids the future burdens of paper subdivisions, and addresses the perceived risk of subdivision phasing. A clear phasing process, set timeframes for vesting (see section 2.6.4), and performance guarantees, are critical for building the interconnected, mixed use neighborhoods the Plan envisions. It also ensures local builders and developers can take part. Without phasing and performance guarantees, the current pattern of scattered small subdivisions, along with the risk of paper subdivisions, will continue. Subdivisionoimprovementsoandoperformanceoguaranteeso–o howoitoworkso 1: The Planning Board approves the preliminary subdivision. 2: The applicant requests final subdivision approval for a) the entire project, or b) a smaller phase. 3: The Planning Board approves the final subdivision, with a condition that it will record the plat when a) the applicant improves the lots and builds all the needed infrastructure, or b) gets a performance guarantee. 4a: If the applicant makes all the improvements, the Town signs and records the subdivision. 4b: If the applicant gets a performance guarantee, the Town signs and records the final subdivision. If they do not make improvements in a certain time, the Town executes the guarantee, and uses the funds to build the improvements. o 39 Site design and development 2.4 There is growing concern about how development affects not just traffic, water pressure, or the environment, but also character. There is no consensus about what defines character. However, character isn’t static – it evolves and develops over time, reflecting the spectrum of social values in and around the community. People want to live and work in communities that are appealing and attractive; that look and feel like someplace, not anyplace. It’s one of the many reasons why Ithaca is growing. Under today’s planning regulations, new development shapes the character of the town. The UDC should do the opposite, and shape new development by building on the more endearing aspects of Ithaca’s character. It should let Ithaca evolve and grow, while still “keeping it Ithaca.” 2.4.1 orm-based regulations The idea of form-based zoning is getting a lot of attention in Ithaca, along with many other communities. The Comprehensive Plan recommends form-based regulations, and describes its advantages over conventional zoning. How do form-based regulations work, though? How are they different than the way we do things now? All zoning regulations have the intent of protecting the health, safety, appearance, and general welfare of a community. Conventional and form-based zoning use different approaches to accomplish it. honventionalobulk,olot,oandobuildingotypeoregulations Conventional (or Euclidean) zoning, like what the Town has now, focuses on individual lots, and the location, intensity, and impacts of uses on them. It accommodates different uses by separating and buffering them from each other, and limiting them to certain areas or zones. It arose to address the uncertainty of unregulated development in the early 20th century, and the impact of noxious uses and overcrowded housing on public safety and quality of life. Conventional zoning works well at keeping incompatible uses apart. However, its physical outcome can be unpredictable, and use land inefficiently. One reason is because dimensional requirements usually have either minimums or maximums, instead of an acceptable range. For example, the MDR-Medium Density Residential zone has a minimum lot size of 15,000’², but no maximum. This allows development at a much lower density than what the Comprehensive Plan envisions, or what the site can carry. The result can be higher per-lot road and utility line costs, lower public transit viability, expanded urban sprawl, and lower potential tax revenue per acre. Bulkoattributeo honventionalozoningo Form-basedozoningo Buildingotypeo n/a Range of specific building types allowed in the zone. Setbacks and lot coverage requirements may be different for some building types. Buildingofrontosetbacko Minimum setback from front property line; no maximum. Build-to area: minimum/maximum front setback range. Buildingosideosetbacko Minimum setback from side property line; no maximum. Minimum setback from side property line; influenced by frontage buildout requirement. Buildingorearosetbacko Minimum setback from rear property line; no maximum. Minimum setback from rear property line, exception for attached alley-loaded garages. Buildingofrontageoo n/a Minimum/maximum width of the build-to area that must be occupied by the building façade. Buildingoheighto Maximum height in feet; no minimum. Minimum/maximum stories above ground Buildingoorientationo n/a Requirement that façades must face a street, courtyard, or other public space. May require certain façade features (front porch, storefront, etc.) depending on zone and street type. Lotosizeo Minimum lot size. Minimum/maximum lot size. Lotowidtho Minimum lot width; no maximum. Minimum/maximum lot width at build-to area. Maximum may be higher for civic uses. Lotodeptho Minimum lot depth; no maximum. Minimum/maximum lot depth, maximum ratio of width to depth. Maximum may be higher for civic uses. Housingodensityo Maximum housing units or lots per acre; no minimum. Minimum/maximum of potential principal housing units per acre. Must develop or subdivide to at least the minimum density. 40 In form-based regulations, standards for building placement and height, and lot size and dimensions, have both minimums and maximums. For example, instead of a minimum front yard setback, form-based regulations have a build-to area, with minimum and maximum setbacks. In more urban zones, form- based regulations may also have built frontage or street wall standards, requiring façades to stretch across a minimum width of the build-to area. This helps create “outdoor rooms” that attract more activity than more broken-up streetscapes. Fixed ranges offer more predictability about how development looks, feels, and fits in with its surroundings. A fixed range of residential lot sizes and densities ensures more efficient use of land and utilities; and that development can reach a critical mass that will support nearby public transportation and main street retail. The table on the last page describes how form-based regulations deal with bulk, compared to conventional zoning. Many form-based codes have a list of allowed building types for each zone. Bulk standards may vary for different building types in some codes; for example, setbacks for a house with a small storefront might differ from a single family house, even in the same zone. Some codes require regulating plans to assign certain building types for each lot. Some form-based codes also regulate frontage types. A public frontage is the treatment of land between a front lot line and street. A private frontage is the area between a front lot line and façade. The SmartCode template describes several private frontage types, such as common yard, porch and fence, and shopfront. Form-based regulations can be clearer than conventional zoning regulations. However, they can have a steep learning curve, because their approach is different from the basic minimums, maximums, and exceptions of conventional zoning. A hybrid approach balances conventional and form-based zoning models. It uses form-based standards in new mixed use neighborhoods, and conventional standards in areas keeping a vehicle-oriented suburban or rural character. Hybrid codes are a practical way to implement form-based regulations, yet avoid creating nonconformities in areas unlikely to change. The UDC should use form-based standards for TND transect zones, and pocket neighborhood development. Standards should be simple, with base bulk and lot requirements and allowed building types for each zone, and exceptions only for certain building types (civic, single story shopfront, and shopfront, and mixed use; see below). Building height should be based on stories above grade. Building types in TND areas should reflect Upstate New York’s traditional villages and pre-1940 suburban neighborhoods. These are examples of building types that can be part of TND-based new neighborhoods. • Detached house: house in individual lot with yards on all sides. May include two-flats and side-by-side duplexes, if the zone allows double unit housing. • Duplex house: Building with two principal housing units, located on separate floors (two-flat) or side-by-side (semi- detached). • Cottage court: five to ten detached houses arranged around a common courtyard. • Attached house: three to six dwelling units, with each unit sharing one or two common side walls (townhouse), or freestanding but designed to touch a similar building on one or two side walls (rowhouse). • Mullti-unit house: building in the form of a detached house with one entrance visible from the street, and three or four principal housing units. • Apartment building: building with three or more units. • Open market structure: unenclosed permanent structure that accommodates a public marketplace. • Mixed use storefront building: building that accommodates ground floor commercial uses with a storefront, and residential, commercial, and/or office uses on upper floors. Permitted building types in the Malta, New York downtown form- based code. The opposite of bad development is good development, not no development. – Padriac Steinschneider (architect) o 41 • Commercial storefront building: one story building that accommodates commercial uses, with a storefront.o • Commercial building: building that accommodates, commercial, office, or employment uses. • Civic building: building designed to stand apart from its surroundings, which accommodates civic, institutional, or public uses (community center, school, place of worship, etc.). The UDC should require mandatory storefront frontage areas in neighborhood regulating plans. The UDC can use some elements of form-based regulations in conventional zones. Zones in areas targeted for conventional suburban development – the equivalent of MDR, HDR, and MR zones in Established Neighborhood areas – should have both minimum and maximum residential lot sizes and/or densities. This lessens possible sprawl from underdevelopment. Building height standards should regulate stories, not feet above a basement floor or lowest grade. 2.4.2 Conventional development and site planning Basic bulk (setbacks and building height), buffer, and riparian (stream setback) standards now govern site planning. The intent of bulk standards is to reduce potential conflicts between neighboring uses. Beyond that, the outcome is less predictable. The current zoning code has some approval criteria for projects needing formal site plan review, but they’re open-ended about what might be “adequate” or “compatible”, and have few ties to prescriptive standards. Even with a new focus on form-based zoning and TND, it’s important that UDC standards pay equal attention to areas that will retain a rural or suburban character, and the zoning that goes along with it. UDC drafting should rationalize bulk and site planning standards across the various conventional zones. Standards should promote more efficient land use, promote higher quality development that respects and reinforces the town’s sense of place, and discourage less attractive and less enduring alternatives. Buildingoheight The current zoning code has an unusual method of determining maximum building height. It considers height from the lowest interior grade (usually 38’), lowest exterior grade (usually 36’), and total building height (usually 30’). Under this unusual approach, the presence or lack of a basement in a building can affect its permitted maximum height. Most zoning codes use one of three ways to set maximum building height. • Average height: average grade (average of the lowest and highest points where a building touches the ground), to the top of the roof. For buildings with peaked roofs, the “top” is the average of the eave and ridge heights. • Parallel plane: vertical height from the ground to a projected plane above the same point. • Stories: number of stories on the front façade, as seen from the street. The area under a peaked or mansard roof is a half story. Basements count as a story unless most of it is above grade at the front. The UDC should regulate height by stories in residential zones and TND areas, and by average height or parallel plane in other zones. The parallel plane method is well suited to very steep sites, like those found in the LR/Lakefront Residential (R-L) zone. Height limits also need to address exceptions for building types and features that might break the height plane, like agricultural and civic buildings, chimneys, turrets, and steeples. Setbacks Setbacks create separation from lot lines, and define a building envelope where structures and site features can go on a site. UDC standards should consider current setback requirements, how they align to the existing built environment, broader planning goals and public benefits, and the underlying realities of building and development. In some zones, setback requirements are underlain with confusing provisos, exceptions, and exceptions to exceptions. These tangled standards can create unintended results. For example, in the MDR zone, the minimum side yard setback for a house is 15’, but only 10’ for a side with an attached garage – even if second floor living space extends over it. The result is a setback bonus for snout houses with visually dominant garages, and a penalty for houses with no attached garage. The UDC should untangle and simplify principal building, garage, and accessory structure setback and coverage requirements. There should be special standards for sites with steep slopes up or down from the street, to avoid setback variances. Lakefront and stream setback requirements would be included among other setback and site planning standards. In some zones, the current zoning code set higher setback requirements than in the previous code. The change left many existing buildings with nonconforming setbacks, and shrank building envelopes on many lots. The numerous variance requests for building setback and height are an indicator that there’s room for adjusting current setback requirements. 42 UDC setback standards should consider the more permissive previous setback requirements from previous codes, and the nature of approved variances. This can reduce nonconformities, and better accommodate the reasonable needs of homeowners. A side benefit is fewer variance requests. There should also be exceptions for certain building features, like bay windows, covered and uncovered porches and decks, and eaves. Siteoplanningoinogeneralo Site planning standards do more than just regulate building setbacks and height. They should guide compositional elements on a site – buildings, paving, planting, and landform. They address aspects of design like context, scale, circulation, connectivity, and outdoor space. They also provide fair, objective standards for decision-making. Site planning standards usually addresses: • Orientation of buildings towards the street, walkways, or other features. • Arrangement of buildings in a development. • Placement and amount of walkways, open space, and/or plazas. • Placement of buildings to take advantage of and preserve views and solar access. Keepingoitocomplicatedo These are setback requirements for the MDR/Medium Density Residential zone (minimum lot size: 15,000’²) in the current zoning code. This translation into plain English doesn’t make them less complex. Principalobuildingosetbackso • Frontosetbacks: ◦ Default: average of the front setbacks of both neighboring houses as a minimum ( (neighbor A + neighbor B) ÷ 2). ◦ If the setback average of both neighboring houses is less than 25': 25' minimum. ◦ If the setback average of both neighboring houses is more than 50': 50' minimum. ◦ If the house has an attached one story garage: 25' minimum to the front of the garage. ◦ The Zoning Code is unclear about front setbacks when there are there are no neighboring houses to form a basis for an average The first houses on a block could set the “base” minimum that other houses (without attached garages) must follow. • Sideosetback: ◦ Default: 15' minimum. ◦ For a house with an attached one story garage: 10' minimum to the side of the garage, if that side lot line isn't a street line. • Rearosetback: 30' minimum. • Stream/riparian setbacks (Zoning Code §270-219.5) and permitted yard projections into setback limits (§270-224) also apply. There’s no cross-reference to these standards. • Front, side, and rear yard setbacks on "publicly owned properties or properties of universities, colleges, cemeteries, or other private institutions” on 6+ acre sites traversed by interior roads or driveways apply "only along the exterior public street frontages and boundaries with adjacent properties." Accessoryobuildingosetbackso • Siting: Rear yard only, except for a detached accessory unit/elder cottage (not in any required front yard), garages, woodsheds. o • Frontosetback: ◦ For a detached garage: 25' minimum. ◦ For a detached one story garage for 1-2 cars on a lot with a 8°+ average slope from the street: 5' minimum from the street line, with Zoning Board approval (variance process required, even with no variance from zoning standards). ◦ Other accessory buildings are not allowed in the front yard. • Sideosetback: ◦ Default: 3'. ◦ For a detached garage or accessory unit/elder cottage: 15' minimum. ◦ For a detached one-story garage: 10' minimum on one side, if that side lot line isn't a street line. ◦ For a detached one-story garage in the rear yard: 5' minimum on one side, if that side lot line isn't a street line. ◦ A detached one-story garage serving two lots can be built over a side lot line, with a party wall agreement. ◦ For a detached one-story garage for 1-2 cars on a lot with a 8°+ average slope from the street: 0' minimum, with Zoning Board approval. • Rearosetback: ◦ Default: 3' minimum. ◦ For a corner lot: ≥5' minimum. ◦ For a detached one-story garage: ≥5' minimum. ◦ For a detached two-story garage: ≥30' minimum. o 43 • Placement and internal arrangement of parking areas, access drives, and circulation routes. • Placement and screening of service and loading areas. • Requirements for public art, water features, public transit stops, and other amenities. • Grading and preservation of natural topography. Residentialositeoplanningo Residential site planning standards consider the relation of buildings and projects to each other, to build neighborhoods that are more cohesive. Because neighborhood and subdivision design standards cover lot, street, and open space arrangement, standards for detached houses are usually simple. • Building siting and orientation: in neighborhood settings, require façades to face the street. Ban accessory houses in front of the façade. • Parking: limit parking coverage in front of the façade. Multifamily and cluster site planning standards guide design to make a project feel and function as part of a larger neighborhood, rather than an isolated complex. Site planning standards should address: • Building siting and orientation: require façades to face a perimeter street, internal drive, or courtyard open to either. Ban frontage on a parking lot, or turning the back end to a street. • Building massing: limit building footprint, so their scale isn’t imposing. For residential care facilities, require splitting larger buildings into smaller wings with connecting breezeways. • Building setbacks: discourage deep setbacks that disconnect a project from the rest of the neighborhood. • Common and open space: require a certain percentage of the site to be functional common or open space, amassed into compact, physically and visually accessible areas – not scattered strips or no-man’s lands. • Circulation and connectivity: require stubouts for connecting to future development, and integrating internal drives into the larger neighborhood street network. Require sidewalks along all street frontages, walkways linking to the development, and internal walkways connecting to all building entrances. Prohibit gates and perimeter walls. • Parking: require parking courts, and rows of head-in spaces from internal drives, to be small and scattered, to create a more walkable neighborhood feel. Require orientation or location of parking courts at the rear or side of buildings. Allow on-street parallel parking. hommercialoandoindustrialositeoplanningo The town doesn’t have much commercial zoned land, but what’s there is quite visible, along Danby Road (NY 96B) and Elmira Road (NY 13/34). Current zoning regulations offer few protections or design standards for retail and commercial and office development. The outcome can lack the basic features that make a community attractive and reinforce its sense of place. With only basic setback, lot coverage, and parking area requirements to guide site planning, the Town depends on negotiation or developer willingness to achieve quality development. To address this, the UDC needs site planning standards that apply to all new commercial development outside of TNDs. Standards should address: Rural commercial site planning standards in the Brattleboro, Vermont land use code. 44 • Building siting and orientation: orient main building and storefront entries to perimeter streets, internal drives, or public spaces open to either. Require as much building width as possible at the front of a lot, to maximize front facade exposure. Prohibit street-facing rear or side walls with no main building entry or storefronts, and street-facing garage doors. • Building massing: limit building footprint. Break up long walls along streets and in other visible areas. • Building setbacks: require building mass to be as close to the street as possible, to define the street edge; and as near an intersection as possible, to anchor the lot. • Common and open space: require open space to be as contiguous, and physically and visually accessible, as possible. • Circulation and connectivity: locate sidewalks along all street frontages, walkways linking them to main building entries, and internal walkways connecting to all building entrances. Build stubout provisions to neighboring sites. • Parking: locate and orient parking lots towards the rear or side of buildings. Require off-street parking to be behind the front building façade. • Service areas: hide loading docks, service and utility areas, and dumpsters from the street and neighboring properties. 2.4.3 Architectural design The Town has no architectural design standards, and only limited power to control what new buildings look like. Planning staff, the Planning Board, and applicants often negotiate the architectural design of proposed buildings. The Comprehensive Plan recommends adopting architectural standards. Many communities use architectural standards as a tool to ensure buildings have a human scale, reinforce community identity, and create a built environment with a timeless appeal. Prescriptiveovsoqualitativeostandardso There are two basic approaches to architectural standards. Qualitative standards depend more on abstract concepts like compatibility and appropriateness. They often mandate certain architectural styles; Craftsman, Queen Anne, Greek Revival, and so on. Prescriptive or quantitative standards use specific requirements to produce quality structures, regardless of architectural style. Prescriptive standards usually address • Building materials, color and texture. • Building proportions. • Openings in the façade: doors, windows, and garage doors, and their location, amount, size, proportions, and trim. Successful communities have high expectations. They know that community identity is more important than corporate design policy. — Ed McMahon, Scenic America Snout houses with protruding garages, on-frame modular houses that look identical to double-wide mobile homes, utilitarian apartment buildings, and street-facing blank walls show the need for residential architectural standards. o 45 • Roof type and slope. • Wall projections and recesses. • Architectural details. Under qualitative standards, review and decision making can be subjective and arbitrary. They are also vulnerable to legal challenges for being vague4. Architectural standards should be prescriptive, with clear standards that aren’t subject to different interpretations, and few or no discretionary requirements. Town staff can interpret prescriptive architectural standards, as they do with other dimensional requirements in a code. This will make architectural review fast and predictable. Prescriptive standards are also legally defensible, and ensure creative freedom in design. Reasonable architectural standards should apply to new residential, commercial, and industrial buildings; and major expansion of nonresidential buildings. Architectural standards should be more flexible for civic and institutional buildings; and exempt agricultural buildings. Standards should consider the high cost of construction in the Ithaca area, and their possible impact on housing affordability. However, high construction costs should not justify low-quality materials, utilitarian design, or odd proportions. Housesoandoresidentialobuildingso Since the 1950s, modern materials and construction techniques changed how homes are built, and how they look. “Snout houses” with visually predominant garage doors, and “vinyl boxes” with few architectural details, have spurred many communities to adopt residential architectural standards. Because a home can be an expression of the owner’s personal tastes and individuality, architectural standards for residential 4 Regan, Kenneth. 1990. You Can’t Build That Here: The Constitutionality of Aesthetic Zoning and Architectural Review. New York, Fordham Law Review 53 1013-1031. buildings cover some different aspects of design than standards for non-residential buildings. Residential architectural standards in the UDC should address: • Four-sided design: require all elevations to have the same materials and design details as the front. Set a minimum window and door opening area, and trim level, for all walls. • Front-loading garages: limit width along and protrusion from the front façade, to prevent snout houses. • Roofs: on buildings with pitched roofs, require a dominant slope of at least 4:12 (a common standard in areas with heavy snowfall and rainfall), and eaves at least 1’. • Diversity and harmony: for detached houses, require a different model across the street and on neighboring lots. • Multifamily buildings: require architecturally integral screening of mechanical equipment and trash enclosures. Avoid large forms and masses. Vinyl siding is common in the Ithaca area, especially on newer site-built and modular houses. Concerns about its durability, environmental impacts, and synthetic appearance make its use controversial. Many communities ban vinyl siding in historic districts, and a growing number prohibit it for all new construction. Some allow new vinyl siding only if it’s a higher grade (.046” or .050” “thick residential” or “architectural” grade), or it replaces existing vinyl, aluminum, or asphalt siding. The idea of a total ban on vinyl siding needs to be weighed against the slightly higher cost of other siding options. (The installed cost of vinyl siding is about 10% to 30% less than fiber cement siding.) Alternatives to a ban include wall articulation and trim requirements to prevent a flat “plastic box” look for new houses, limiting vinyl siding to higher grades, and mandatory recycling after removal. Examples of undesirable non-residential architecture: basic metal building, windowless shed, corporate trade dress. 46 Mixedouseoandononresidentialobuildings Commercial and industrial buildings in the town tend to be utilitarian, or follow a standard corporate template. Fortunately, they’re contained to the town’s limited commercial and industrial zoned areas. Proliferation of “trade dress” architecture and featureless metal buildings in surrounding areas offers a warning – design with just branding or low cost in mind can bring long- term harm to the town’s sensitive visual environment. Mixed use, commercial, and industrial buildings in the town should age gracefully and keep their functionality into the distant future. Architectural standards will help ensure new buildings are human-scaled, and contribute to Ithaca’s desired character and sense of place. Architectural standards for mixed use and commercial buildings should address: • Four-sided design: require all outside walls to have the same materials and design details as the façade. • Exterior walls: require a recognizable base and top on facades and walls. Require division of walls to human scale proportions with projections and recesses, material changes, and similar design details. • Building entrances: require a sheltering element to define a main building entrance. • Wall openings: require a high window-to-wall ratio on façade and side walls. • Roofs: require roof forms to correspond to building elements, tenant spaces, and functions. Limit roofline plane. Require a slope of at least 4:12, and an overhang of at least 1’, for pitched roofs. • Materials: allow material or color changes only at a change of plane or reveal line. Ban plywood siding, unfinished block, and pre-engineered metal buildings. • Screening: require integral screening of mechanical and utility equipment; and trash, loading and storage areas. Standards for industrial buildings should address the following: • Four-sided design: require all outside walls to have the same materials and design details as on the façade. Examples of desirable industrial and commercial architecture in a suburban setting. o 47 • Exterior walls: require projections, recesses, and/or material changes to avoid long blank walls. • Building entrances: require entrances to be clearly defined, recessed, or framed by a sheltering element. Require garage doors to face away from streets. • Materials: allow material and color changes only at a change of plane or reveal line. Prohibit plywood siding. If the UDC allows pre-engineered metal buildings, require finished and articulated outside walls, and other details to prevent a utilitarian pole barn or shed-like appearance. • Screening: require screening of mechanical and utility equipment, dumpster areas, and loading and storage areas. • Visibility: higher standards for buildings that are visible from the street or neighboring non-industrial sites. Regulating building color can be a touchy issue. In a walkable urban setting, bright or strong colors can be a whimsical and welcome addition to the streetscape. In a suburban setting, people might see the same colors as garish, especially if they relate to corporate branding. In conventional commercial and industrial zones, standards should have more control over color, with bright colors limited to accents or a small percentage of a surface area. Some codes define color ranges with the Munsell color system, because it’s based on how people see colors – dark to light (value), and muted to vivid (chroma). Zone-specificostandardso As with site design standards, architectural standards must consider setting and context. Some codes have less restrictive standards in TND or form-based areas, only regulating features critical to building a human scaled, pedestrian-friendly environment, and easing the public’s acceptance of mixed uses. In the Inlet Valley area, architectural standards should reinforce a more rural character, by requiring pitched roofs, large eaves and overhangs, granular natural materials (board-and-batten siding, brick, stone), and a high window-to-wall ratio. 2.4.4 Landscaping A deep connection to the natural landscape is a cornerstone of Ithaca’s community identity. However, the lack of meaningful landscaping standards doesn’t reflect it. The Comprehensive Plan recommends broader-ranging, more specific landscaping standards. Landscaping requirements help to integrate the built and natural environments, retain natural processes that could potentially be lost during development, and reinforce the town’s identity as an environmentally aware community. Siteolandscapingo The current zoning code has only very basic landscaping requirements. There are no set standards for required landscape areas, maintenance, or type, amount, or placement of plants. Many requirements are open-ended and subjective, calling for “adequate” or “suitably planted” areas with no specific details. Some requirements are applied at the Planning Board’s discretion. Planning staff, developers, and the Planning Board often negotiate landscaping on a case-by-case basis. The UDC would be incomplete without clearly defined landscaping standards. Prescriptive standards let Town staff review landscaping plans, reducing the uncertainty of case-by- case negotiation and discretionary review. Landscaping standards should address: • Planting density: minimum number of tall/canopy trees, short/decorative trees and shrubs on a lot or site, based on lot or site area. Require groundcover or mulch, to prevent blowing dust. • Location: clear vision area protection, and plant distribution throughout a site. • Species: acceptable tall/canopy tree, short/decorative tree, and shrub species, along with banned nuisance tree and shrub species. Encourage native and adapted species, and prohibit invasive species. • Quality: minimum size for required planting materials (trees: diameter at breast height, shrubs: gallons). Require landscape plants to be defect-free, and of normal health, height, leaf density and spread for the species. • Maintenance: require landscape plants and areas to be free from disease, pests, weeds and litter. Require immediate Design details such as, pitched roofs, dark earth tone colors, and individual windows help reinforce rural character. Bringing nature back into the city is a way to deal with urban sprawl. If cities feel a little more natural, people like to live there rather than moving out and dividing up another piece of land that shouldn't be touched. — Stone Gossard, lead guitarist for Pearl jam 48 replacement of sick or dead plants. Prohibit parking, storage, or displays in designated landscape areas. • Function: require landscaping that works as part of a site’s stormwater management system. • Performance guarantee: require landscaping to be complete, or secured with a letter of credit, escrow, or performance bond, before issuing a certificate of occupancy. Requirements for surface parking lots should also address: • Area: minimum landscaping or green area inside a parking lot, based on parking lot area (ideally 10% - 20% of the lot area). Require landscape buffers and snow push zones around the parking lot, with depth based on context and nearby features (buildings, streets and sidewalks, etc.). • Location: require landscape islands with canopy trees at each end of a parking row. Require landscape islands to break up long parking rows (ideally every 10 spaces or fewer). As an alternative, require landscape strips between parking rows, with regularly spaced canopy trees. • Screening: require an opaque screen (wall or shrubbery hedge, ideally ≥3’ tall) along a parking lot edge where it faces a street, sidewalk, park, or residential area, to soften visual impact. Snow removal does not justify having little or no interior landscaping in a parking lot. Rain gardens and push zones, with flush or rollover curbs and hardy salt-resistant plants, can store and filter snow. Landscaping standards should promote local food production, and celebrate Ithacans’ love of gardening. The UDC should allow naturalistic and cottage gardens, food gardens, raised beds, and xeriscape anywhere, including front yards, as long as they are well tended. Bufferingoandoscreening Buffer requirements as general conditions for uses and buildings in a zone, and for specific uses, are located throughout the current zoning and subdivision codes. They are typical of older codes, which consider more intensive uses as potential nuisances that must be screened from less intensive uses. Buffer requirements are silent on amount, placement, and type of plants or other features. Requirements are often subjective, or applied at the Planning Board’s discretion. Buffers are useful for screening and separating noxious uses, and their impacts, from residential and natural areas. However, current buffer regulations group multi-family housing with commercial and industrial uses, as a possible nuisance to lower density residential areas. They intend to provide green areas in new development, but the result is often fragmented strips, with little environmental or recreational value. They can also make it difficult to create more interconnected and walkable neighborhoods. Buffering requirements that protect natural assets, and insulate neighborhoods from industrial and vehicle-oriented uses, should be part of the UDC. Buffering and screening requirements for parking and service areas, and mechanical and utility equipment, should be thorough. A set of four or more standard buffer types with specific bufferyard area, planting, and fencing requirements – a feature in many newer codes – clarifies requirements and reduces redundancy. The UDC should use context-based site planning, not buffers and separation, to achieve compatibility between different levels of residential density. In mixed use TND areas, different kinds and levels of land use should be close to one another. Buffer requirements in TND areas should focus on parking and service area screening, utility and equipment screening, and natural resource protection. Streetotrees The current zoning and subdivision codes are silent on street trees. Streets built under the Town’s exurban-oriented design Many newer zoning codes, like the Buffalo Green Code, define standard buffer types. o 49 standards, with soft shoulders and roadside ditches, can’t easily accommodate street trees. The Comprehensive Plan recommends street tree planting, citing the many benefits they bring: a more walkable streetscape, psychological traffic calming, stormwater control, and heat island reduction. Updated street design standards should require tree lawn or tree well areas for street trees on new and rebuilt roads (see section 2.3.5). Minimum street tree spacing should be close enough to provide a full canopy at maturity. Having a wide variety of street tree species and cultivars creates visual interest and a diverse wildlife habitat, and makes an urban forest more resilient to disease and storm damage. Street tree species should have these traits. • Native or adapted to upstate New York. Not invasive or exotic, or a species with an uncertain future (for example, ash). • Mature height of 35’-40’ or taller, with a crown that can grow to shade a sidewalk and street. Shorter trees may be appropriate for narrower median strips, or denser areas where taller buildings will front the sidewalk. • Downward-oriented, well behaved root system. • Salt tolerant. • Not brittle or prone to dropping heavy fruit. Treeopreservation,oremoval,oandoreplacement The current zoning code frames tree preservation regulations in a rural context of forest management and timber harvesting. These regulations apply only in the C-Conservation zone. Stream setback areas, stormwater pollution prevention plans (SWPPPs), and negotiated site plan conditions address tree clearing to some extent in other zones. Ithaca’s broad range of natural and human habitats complicate the Comprehensive Plan’s recommendation of tree preservation, clearing, and replanting standards. In rural areas, woodlots are a fuel source to some residents, and an income stream to owners of otherwise vacant property. In areas targeted for TND, stressing tree preservation over other aspects of good design could undermine the Plan’s vision of building more compact and walkable neighborhoods. Rural and settled areas each need different approaches to tree preservation. In more densely settled areas, regulations should balance tree preservation with the need to create walkable communities. In rural areas, regulations should focus on natural resource stewardship. Tree preservation requirements for suburban and urban areas should address: • Protected class trees: usually defined as healthy native and adapted deciduous trees with a diameter at breast height The New Albany, Ohio urban center code considers street trees in their street design standards. 50 (DBH) above a certain size, and trees required by landscaping standards. • Removal: require replacement of or compensation5 for removed protected class trees, based on number and DBH. Allow removal of nuisance and exotic trees, dead and diseased trees, trees in fire barrier areas, and trees under a certain diameter anytime. Don’t allow tree removal beyond a point where a site won’t meet minimum landscaping standards. • Land development: require a tree inventory, and protection and replacement plan, for development of forested land. Require a protection zone around trees and stands during construction. 2.4.5 Parking Ithaca is a suburban community where most residents depend on their cars for everyday transportation. Thus, parking plays a central role in shaping the built environment. However, current zoning regulations for docks and solar panels are longer and more detailed than for parking. Current parking regulations don’t go far beyond the basics of minimum spaces. They require large areas for parking lots that seldom fill up, but have few standards to guide their design or appearance. The Comprehensive Plan recognizes the effects of parking on neighborhood character, water quality, and the urban microclimate, and recommends reducing its physical and environmental footprint. The UDC should reflect these goals, and require parking to fit in with its surroundings, lay light on the landscape, and use land more efficiently. Off-street parking should not drive site planning. Numberoofospaceso It’s a challenge to find the right balance between requiring too few parking spaces, and too many. Many communities, including the Town, err on the high side. The biggest problems of inadequate parking are finding empty spaces, and spillover onto nearby lots or streets – both bothersome, but usually short-term. More long-term harm comes from standards based on “easy parking” or “10 year parking events.” The resulting expanses of seldom-used pavement carry a high cost – increased stormwater runoff and heat island effects, higher land acquisition and building costs, and decreased yield and potential property tax base. 5 Recompense: dollar amount assigned to give value to a natural resource. Parking requirements must consider both the reality of Ithaca’s suburban environment, and what’s reasonable to meet normal, everyday parking needs – not worst-case scenarios or sporadic special events. This will help moderate long-term effects of parking on the built and natural environment, unlock parking lots for redevelopment that doesn’t expand the area’s urban footprint, and allow more efficient land and infrastructure use. Parking requirements should also provide maximum requirements – especially in TND areas – to prevent overbuilding. Two approaches are a parking cap (many codes use twice the minimum requirements), and stable pervious surfaces or discretionary review above a certain ratio. A parking schedule based on broad use categories, tied to an allowed use table (see section 2.5.1), will make it easier for buildings to accommodate different uses, and keep the UDC consistent. Requirements based on fixed traits like floor area or housing units, instead of variable traits like tables or employees, make administration and enforcement easier. The parking schedule should also include bicycle spaces, and terms for shared parking between uses with different peak hours. Parking should play a smaller role in TND areas, where overparking can harm its walkable appeal, and reduce development potential. The UDC can use a two-tiered approach, with reduced minimum and maximum parking requirements in TND areas. It should also allow credit for nearby on-street and shared parking spaces. The UDC should not allow park-and-ride lots in TNDs, where most residents are close to a bus stop. Park-and-ride is a low value use – daily parking for commuters from outlying areas – in The more parking space, the less sense of place. — Jane Holtz Kay, Boston Globe design critic The parking lot at East Hill Plaza is seldom over half full. o 51 what should otherwise be a high-value, well-developed, and walkable neighborhood core. Parkingodesignoandolocation The current zoning code has very few standards for parking design – parking space and aisle dimensions, entrances, circulation, landscaping, and location. Developers, Planning staff, and the Planning Board often negotiate parking details. With few specific standards, the Town can only persuade applicants to have well-designed and located parking areas. The UDC should address these aspects of parking lot design. • Dimensions: width/depth/length of parking spaces, and drive and queuing aisles. • Location: limit parking in front of a building. • Size: require division of large parking areas into smaller lots, separated by large landscape buffers or islands. • Access: limit curb cuts and driveway width. Ban continuous curb cuts. Require stubouts for connection to parking lots on neighboring properties. Limit use of head-in spaces from a public street. • Circulation: require well-defined circulation routes for vehicles and pedestrians. Require turn-around points at the end of dead end rows. • Function: require parking space marking, and solid defined edges to the parking area. Require physical separation of shopping cart corral areas; not metal racks in a regular parking space. Require snow push zones. • Electric vehicles: allow solar carports and charging stations by right. Require charging stations in larger parking lots. • Landscaping requirements: require internal and perimeter landscaping. (See section 2.4.4.) In TND areas, allowing on-street parking will reduce off-street parking, and provide traffic calming. Off-street parking lots should be out of sight, accessed from alleys where possible, and designed and placed to foster street life. Parkingosurface Gravel and bare dirt driveways and parking lots are common throughout Ithaca, even for more intensive uses. The current zoning code only requires paving for drive aisles in the MHP and MR zones, and for commercial uses. It also requires parking “with blacktop, compacted gravel, or other dust-free material”, but only as a condition for the Planning Board to reduce required parking spaces” (Zoning code §270-227 A (3) e). Otherwise, the way the code reads, a parking area that meets minimum space requirements needs no surfacing or dust control. Loose surfaced parking is inexpensive, and a defining feature of rural character. However, it’s not without problems. Many lots and driveways are little more than “parking patches”, where parking is random, and often spills over to open areas. Snow removal is difficult, and poor maintenance leaves lots with ruts, weeds, and large water and mud puddles. Gravel and dirt can run or blow off the site. They also may not comply with Americans With Disabilities Act (ADA) standards. Simple design and performance standards can address some of these issues – curb stops to define spaces, a solid continuous edge to define landscape areas and prevent spillover, and trackout and dust control measures. Properly maintained gravel lots may have some environmental benefits over impervious pavement. However, their rustic appearance, poor durability, and offsite impacts are inappropriate for more intensive uses, or in built up suburban or urban settings. The UDC should use a context-based approach that matches parking surfaces and materials to setting and function. Parking for more intensive uses, and in settings that are more suburban or urban, should be hard surfaced. Loose surfaced parking is more appropriate in rural zones and settings, and less intensive and temporary uses. Hybrid surfaces that are porous yet stable, Left: parking patch with a loose gravel and dirt surface, and no defined edge or marked spaces. Right: parking lot with an asphalt drive aisle, and permeable turfblock spaces. 52 like plastic paving grids and ribbon driveways, should also be part of the pavement palette. 2.4.6 Stormater Stormwater management has far-reaching impacts on site and neighborhood design. The Town’s current approach towards stormwater doesn’t always consider neighborhood character, larger planning goals, or the many ways to meet state and federal performance standards. Current standards, as they’re now applied, unintentionally favor lower density sprawl, and impede compact development. The UDC should consider hydrology and engineering outcomes with planning, placemaking, and environmental goals. Stormwater regulations should be flexible, and open to innovative practices that meet state performance standards. They should favor attractive, low-maintenance facilities that fit into their setting. Regulations should also consider stormwater management at different scales – not just individual lots and sites, but the neighborhood and region. New regulations can only go so far. To make the Plan’s vision a reality, the Town, along with area developers and engineers, also need to think outside the detention pond. Localostormwaterolaw Town Code §228 acts as the Town’s local law for stormwater management, and erosion and sediment control. The stormwater law references the New York State Stormwater Design Manual, the Town’s official stormwater design manual. The manual, updated in January 2015, has a general overview of how to select, locate, size, and design stormwater management practices (SMPs) 6 that meet state and federal water quality standards7. Practices in the Stormwater Design Manual are mainly geared for suburban greenfield development. The manual leaves room for flexibility, recognizing that each community has different issues and needs8. The Town’s stormwater law, like most in the state, 6 New York State Department of Environmental Conservation. 2015. New York State Stormwater Design Manual. 1-1 7 NYS Environmental Conservation Law (ECL) §17 (Water Pollution Control); 6 NYCRR §700-750 (Classes and Standards of Quality and Purity), State Pollutant Discharge Elimination System (SPDES) program. 8 New York State Stormwater Design Manual. ii. has a technical equivalence provision allowing SMPs that aren’t in the manual, if their performance is verified. While uniform management and a short menu of familiar SMPs may be easy, it limits the types and forms of development in the town. Current planning regulations don’t require or incentivize context-sensitive SMPs. With land to spare, projects often fall back on cheaper and “easier” SMPs that are more intrusive and space-intensive. The UDC should expressly allow alternative SMPs, if an engineer verifies performance, and the overall project complies with quality standards. It should also favor SMPs – listed and unlisted – with outcomes and design that best meet the Town’s planning goals. Greenoandocontext-sensitiveopractices The Town’s application of stormwater regulations focuses mainly on performance and inclusion in the Stormwater Design Manual. However, “effective” doesn’t always mean appropriate. Walkable development suffers when “tried and true” SMPs meant for rural or suburban areas, like detention ponds and ditches, are part of the streetscape. They can harm walkability and connectivity, and prevent the continuous building frontage needed for a vibrant main street. Conversely, an overly engineered facility, like a sand filter basin, would be out of place in a rural setting. When drinking water, remember its source. — Chinese proverb Practices in the New York State Stormwater Design Manual are oriented towards lower density suburban development. A large swale fits into this exurban or rural setting, but it would be out of place in a denser, more walkable neighborhood. o 53 Different settings need different stormwater strategies. The Comprehensive Plan recommends three alternatives to collect- and-convey systems – green infrastructure (GI), low impact development (LID) and light imprint new urbanism (LINU). They all have the same goal in mind – reducing the stress of urban development on watersheds – but take different approaches. Green infrastructure (GI) are practices using vegetation, soils, and natural processes – rain gardens, bioswales, green roofs, and so on – to mimic natural hydrology. GI has many environmental, social, and economic benefits over “pipe and pit” SMPs. The Stormwater Design Manual has a chapter on GI practices, but it’s oriented to suburban development. As with conventional SMPs, green infrastructure must be tailored to its setting – rural, suburban, and urban. Low impact development (LID) is a broader design philosophy that aims to preserve pre-development drainage patterns, and manage runoff at its source. It stresses conservation design, green infrastructure, and decentralized onsite controls. LID practices are attractive, cost effective, and usually low maintenance. o LID ranks hydrologic outcomes over development outcomes, and favors lower density suburban development over TND. While LID has practices for all types and scales of development, it’s largely oriented to – and best suited for – rural and suburban settings where most stormwater management is onsite. Light imprint new urbanism (LINU) aims to create traditional, compact urban forms that lie lightly on the land. LINU is a response to conflicts between new urbanism design goals, and LID and best management practices (BMPs). It balances hydrologic and placemaking outcomes by integrating green and conventional infrastructure practices, and new urbanism design techniques. LINU uses practices in four categories – paving, channeling, storage, and filtration –at the neighborhood, block, and lot level. SMPs are context-sensitive, fitting their zone and setting. LINU is intended for mixed use projects with a range of transect zones, where stormwater can be managed onsite and offsite at different scales throughout a neighborhood. Freestanding projects can also use the same context-sensitive approach. Stormwater standards in the UDC shouldn’t be limited to one “correct” approach or set of SMPs. Standards should be clear on preferred approaches and SMPs for different zones, settings, and types of development. • Green infrastructure: favor natural systems, integrated landscape features, and other green infrastructure practices over single-purpose structural SMPs where possible. Favor more cost-effective lower maintenance SMPs where possible. • Low impact development (LID): for projects in a rural or suburban setting, require stormwater management as close to the source as possible, and site design that preserves natural features. • Light imprint new urbanism (LINU): for larger multi-lot projects and new neighborhoods, allow context-sensitive onsite SMPs, with off-lot block- and neighborhood-scale SMPs, that don’t undermine the goals of good neighborhood design. • Design: favor surface SMPs that fit into and enhance their setting. The UDC should have a table showing SMPs that are contextually appropriate, somewhat appropriate, and not recommended for each zone. The U.S. Environmental Protection Agency (EPA) report Using Smart Growth Techniques as Stormwater Best Management Practice has advice on integrating smart growth policies into local stormwater regulations. This report can offer guidance for updated regulations. Neighborhoodoandooff-siteostormwateromanagemento Most development projects in the town require onsite stormwater management. The owner or developer builds and maintains their own facilities – typically ditches, swales, ponds, and sand filters. Onsite management has several disadvantages. Facilities on smaller sites cost more per acre to design, build, manage than those covering a larger area. Clay soils in much of the town can complicate design. Where water quality in a larger drainage shed depends on performance of private onsite facilities, neglected upstream facilities can have harmful downstream impacts. The site-by-site approach also puts compact development at a disadvantage. A small building covering most of its lot will need Bioswale with curb cuts working in a more urban environment. (Seattle Public Utilities) 54 costly SMPs – green roofs, cisterns, and above-ground tanks – to manage stormwater onsite. Projects on larger sites with more open space can use cheaper SMPs, like swales, rain gardens, and ponds. Site-by-site review was the most common way to address stormwater, because it mirrors the town’s growth pattern – fragmented land ownership, incremental development, and small projects. However, this approach will make it difficult to build even moderately dense new neighborhoods. With site boundaries being all-important to stormwater regulation, the UDC should consider new TND and pocket neighborhoods as “sites” and “project areas” in their own right, Salon de Refuses proposal, Katy, Texas. Stormwater infrastructure incorporated into street types calibrated to the transect. (Dreiling Terrones Architecture and Crabtree Group) Buildingoandomanagingoneighborhoodostormwateroinfrastructureo Planning for neighborhood-scale stormwater management is one thing. Implementing it is quite another. Zoning doesn’t cover the intricacies of funding, managing, and maintaining stormwater systems. Still, those details are important pieces of a larger development puzzle. Neighborhood stormwater facilities may need to be in place ahead of future development. However, limited resources of local developers, and the area’s slow but steady growth rate, complicate building a full neighborhood-scale system upfront. There are some models for building and managing neighborhood-scale systems that could work for Ithaca. •ooPhasing: A developer designs the complete system, but it’s built in phases, as the neighborhood grows. This is similar to the current site-by-site approach, but over a larger master planned project area. •ooDeveloperoextensiono/olatecomerofee: The original developer (and the Town, if applicable) is compensated for the upfront cost of building a larger system, by builders and developers who tap into the improvements later. •ooIn-lieuofees: The Town builds an offsite system to serve a growing area, and later developers pay a fee instead of building onsite facilities. This is similar to a latecomer fee, but covers an area that isn’t part of a single development. •ooStormwater/drainageodistrict: A developer (or the Town, if it creates a special improvement district under NYS town law) builds the system, and the Town maintains it. Targeted user fees, often based on lot and impervious surface area, fund the district. •ooStormwateroutility: The Town assesses special fees in an area, used later to build and manage stormwater facilities. •ooGreenoinnovationoGrantoProgram: State grant to support projects that use unique stormwater infrastructure design and create cutting- edge green technologies. Town involvement may be unavoidable at some point. As with decentralized site-based stormwater systems, neighborhood-scale systems will need maintenance over the long run. In New York, municipalities must maintain stormwater facilities along public roads and on municipal property. This includes new neighborhoods. o 55 like smaller subdivisions and cluster developments. Larger neighborhood-scale projects have more choices for stormwater management, and can use shared facilities to receive and absorb runoff. Shared facilities offer economies of scale for design, construction, and management. It’s also easier to plan for mitigation at one time, something not possible with piecemeal development over decades. Light imprint development (LI) uses a “train of treatment”, linking context appropriate SMPs to treat water sequentially at the lot, block, and neighborhood scale. On-lot SMPs help reduce runoff to offsite areas. Public and common space meets the needs of the larger neighborhood; swales, pervious alleys, small parks, gardens, and other SMPs at the block level; ponds, rain gardens, and other facilities integrated into open spaces at the neighborhood scale. Lower intensity zones with less impervious surface can also help balance the runoff from higher intensity zones. A neighborhood-scale stormwater management system – designed at the start for buildout, and meeting all state performance requirements – must be a part of all neighborhood or regulating plans. Recommended locations for TND have larger adjoining parcels, ideal for unified stormwater management systems. Even if these parcels are planned and developed separately, they’re still big enough for stormwater systems that won’t hinder walkability. Natural resources that can channel, filter, and hold stormwater – wetlands, ponds, flood zones, ephemeral streams, and so on – should be identified and incorporated into neighborhood-scale stormwater infrastructure. Regulations should not allow subdivision that would hinder neighborhood-scale stormwater management. 2.4.7 Other site features Signs Most sign regulations are now in a separate Town Code chapter (§221). Some regulations related to signs are also in the current zoning code. Current sign regulations have been very effective at preventing visual pollution. The Town will soon adopt an updated sign code that clarifies existing standards, decreases maximum sign height and size in some zones, and addresses new situations and sign types. Billboards and off-premise signs, taller pole signs, and animated and electronic signs will remain banned. Freestanding signs won’t need Planning Board approval. The UDC should group sign regulations with other building and site design standards. Administrative rules – permitting, variances, enforcement, and so on – should be in the UDC’s administration section. Standards may need changes in wording, organization, and formatting for clarity and consistency, Sign regulations must cover new zones – TND and institutional transect zones, and the Inlet Valley Corridor. In TND zones, sign size and height standards should scale to pedestrians more than moving vehicles. In the Inlet Valley Corridor, regulations should favor shorter monument signs over taller pole signs. Outdoorolighting The Town was an early adopter of dark skies-oriented outdoor lighting regulations. The Outdoor Lighting Law, adopted in 2006, helps preserve star-filled nights over the town, and protect residents and wildlife from the harmful effects of light pollution. The Town adopted it as a single local law, but its rules spread across three Town Code chapters – the zoning code (§270), sign code (§221), and a separate “Lighting, Outdoor” chapter (§173). As the title suggests, the Outdoor Lighting Law has basic performance and design standards for outdoor lighting – output, shielding, glare control, banned lighting types, and exceptions. It also has special rules for signs, sports fields, and temporary lighting. The law requires recessed or shielded canopy and soffit lighting, and bans fascia lighting. Light spillover prevention is one stated purpose, but related standards have no specifics; only that nonconforming lighting causing “glare or trespass” must be shielded or redirected after Town notification. it has few requirements for fixture design, and is silent about color temperature – how “cool” or “warm” light is. A larger part of the law covers administrative matters like site plan review, variances, violations, and conflicts, many of which are redundant with the current zoning code. Lighting regulations in the UDC should build on the protections of the Outdoor Lighting Law. Standards should also consider design, changing technology, and best practice in dark sky protection. Updates should address: • Spillover: specific limits on amount (lumens) and density (lux) of light at the edge of a property or site, over ambient levels. • Color temperature: specific limits on how “cool” light can be. (Color temperature above 4,000° kelvin is seen as harsher by humans, draws more insects, and has a more harmful effect on feeding, mating, and migration patterns of other animals.) • Measurement: use industry accepted metric units (lumens, lux, kelvin) instead of obsolete Imperial units (footcandles, candlepower) or units not related to light (watts). • Freestanding fixture/pole design: limit pole height based on location and context (parking lot, street type, etc.). Ban raised bases (sonotubes), and poles directly on driving, 56 parking, and walking surfaces. Require decorative or painted poles where appropriate. • Attached fixture design: limit wall packs to industrial zones and areas outside of public view. • Gas station canopies: limit light fixtures per filling space, and under-canopy output, to avoid a “landing UFO” effect. • Maintenance: prohibit flickering and buzzing lights. Lighting regulations cover both design and impacts. While good code organization calls for keeping performance and design regulations separate, lighting regulations grouped with other building and site design standards would be more usable. Performance standards for uses should have a cross-reference to outdoor lighting regulations. Fencingoandoscreening Fencing and screening standards in the current zoning code are inadequate. They don’t prevent un-neighborly tall fences and walls in front yards, unsightly makeshift fences, barbed wire, or open dumpster and outdoor storage areas. The UDC should have more thorough fence and wall appearance standards, to help achieve a higher-quality built environment, and increase safety. Standards should prohibit certain fencing materials in front and side yards, like uncoated chain link and metal slats. They should require higher quality fencing materials, and solid visual screening of service and utility areas. The UDC should either prohibit fences in front yards, or limit height to 3’. Undergroundoutilities Current planning regulations ask for underground utilities only for new residential development. Most suburban and urban communities require underground utilities for all new development, regardless of use. Considering the region’s winter weather, the uncertainty of climate change on storm severity, and the town’s scenic landscapes, it’s hard to justify projects that expand an overhead web of wires, cables, and transformers. The UDC should prohibit overhead wired utilities for all new residential, commercial, industrial, and institutional development. 2.4.8 Use-specific standards Some uses have inherent design traits or impacts that make them more difficult to fit in with their surroundings. Current regulations recognize that some uses might need special attention to consider their impacts, but they’re vague about how to address and mitigate them. Gasostations:oundesirableotraitso Use-specificoperformanceoandodesignostandardso Heavy vehicle traffic, multiple curb cuts and entrances creating conflicts with pedestrians • Control curb cuts: limit number of vehicle entrances or the spacing between them, and limit curb cut width. • Require textured pavement that defines sidewalks and paths across driving and parking surfaces. Utilitarian buildings, standard corporate architecture • Apply special architectural standards to gas station buildings. Large canopy in front • Require reverse frontage design: main retail building at the front of the site (with a street-facing façade and functional entrance), and canopy and other structures behind it. • Require the same architectural details on a canopy as on the main retail building: colors, roof materials and pitch, support pole covering, etc.o High pavement coverage • Require landscape islands that define parking areas, driveways, and stacking lanes; and buffer areas that separate pavement areas from neighboring streets and properties. • Require a short perimeter screening hedge or wall around the paved area. Bright site lighting • Require outdoor lighting design that prevents light spillover to neighboring properties. Limit canopy and site light output. Noisy site features and accessory uses • Limit sound above ambient levels at the site edge. • Require solid walls next to residential and lodging uses, and other properties if needed to meet sound limit requirements. • Allow use of intercoms only for communicating with customers. • Prohibit AV or point-of-sale systems that play music or advertising. • Prohibit equipment with buzzers, bells, beepers, and other noisemakers. • Require all car wash doors to be closed before starting. • Prohibit car washes and vacuum cleaners on sites next to or across the street from residential and lodging uses. o 57 Design of an “outlier” use can make or break a streetscape or neighborhood. It’s important that they complement their surroundings in the same way as other allowed uses and buildings. Many newer codes have special performance and design standards for specific uses, to address potentially troublesome operation and design issues. The table on the previous page shows how use-specific standards might deal with gas stations. The UDC should have use-specific design requirements for gas stations, vehicle repair, auto dealers, self-storage warehouses, utility and wireless facilities, and other uses that might need special attention to ensure they fit in with their curroundings. Use-specific performance standards should also be part of the UDC. (See the next section.) As with other regulations, use- specific standards should be straightforward and well defined. 2.4.9 onconforming site features Aspects of some commercial and industrial buildings and sites in the town don’t conform to current zoning regulations; for example, unpaved parking, no landscaping or screening, or lighting that isn’t dark skies compliant. Current nonconformance provisions are incomplete. They address uses and structures, but not site features. Even if a nonconforming site is empty for over a year, a new business can move in without making any changes or improvements. One goal of zoning is to remove nonconformities, but the current code allows nonconforming site features to become entrenched. The UDC should include specific nonconformance provisions for uses, structures, site features, lots, and signs. Requiring full compliance could be cost prohibitive or physically impossible on smaller sites. Standards would be clear about when nonconformities must be brought into conformance, and to what extent. The UDC can take a less rigid approach for nonconforming site features that can’t be modified easily, by requiring compliance to “the greatest extent possible.” This helps prevent blight, while respecting the intent of the underlying zone. The UDC should allow extension of nonconforming walls of residences, if it doesn’t increase the degree of nonconformity. This helps prevent functional obsolescence in housing, encourage continued investment in older houses and neighborhoods, and reward residents who continue to invest in their homes. Uses 2.5 Identifying and controlling specific uses allowed in different parts of a community is an important part of any zoning code. Even newer form-based codes, which focus on building, site, and neighborhood design, still regulate allowed uses. A review of the current zoning code found many issues with the way uses are organized and regulated. A deeper look, however, revealed some forward-thinking concepts the UDC should continue. Drafting new planning regulations offers the chance to revisit and revise allowed uses. This isn’t just to make regulations more rational, but also to better address mixed use development, sustainability goals, agricultural and open space preservation, and changing lifestyles. 2.5.1 Use classification In the current zoning code, long “laundry lists” for each zone lay out most uses – typical for older Euclidean-style codes. Each list shows by-right and discretionary (special permit and special approval) uses and building types, along with accessory uses and structures. Some lists refer to use lists in other zones. Site planning standards for Temecula, California include special requirements for gas stations. For every site there is an ideal use. For every use there is an ideal site. — John Ormsbee Simonds, landscape architect 58 About 180 specific uses appear in the use lists. Many uses are undefined, redundant, very specific, anachronistic, or similar to other uses yet regulated much differently. These distinctions make the code longer and more difficult to manage. This approach is also unable to respond to new and emerging uses, resulting in use variances, use-specific zones and PDs, and other kinds of negotiated approval. Even with the zone-by-zone use lists, some allowed uses and conditions are listed in other parts of the zoning code and Town Code. There’s no easy way to find out all uses allowed or prohibited in an area. Masterolistoofouseogroupsoandotypesoo Newer codes often take a different approach, combining specific uses into a master list of broader generic categories and types. For example, instead of listing drug stores, clothing stores, florists, gift stores, and similar “main street” uses as separate uses, they would all fall under the term “retail and service.” This streamlined approach makes a code easier to administer, cuts out redundancy, and better accommodates emerging new uses. Use types should be in functional groups and subgroups; “agricultural”, “residential”, “retail/service”, and so on. Standards elsewhere in the code can refer to a category, and include all uses in that category instead of listing them individually. The master use list calls out specific uses only if they need special treatment. Use definitions are mutually exclusive, and specific uses aren’t part of a generic use type. For example, the UDC wouldn’t allow an adult book store under the umbrella of a “retail and service” use. If the UDC defines “drive-through facility” as an accessory use, it can only be part of a bank or restaurant if the master list allows it in that zone. Zone-by-zone use lists in older codes often regulate different types of buildings. This can cause conflicts under form-based standards, which treats building form and function separately. The lineup of allowed uses in the UDC should relate to building and site functions where possible. The current zoning code calls out millineries – manufacturing of women’s hats – as a specific use. Part of the current “laundry list” of uses and conditions in the CC/Community Commercial district. o 59 The table above is a recommended list of use types and categories, based on Town planning staff review of uses in the current zoning code, and use lists seen in newer codes throughout North America. The UDC wouldn’t allow all listed uses; many codes define uses that aren’t allowed anywhere, such as junkyards. Useotableo The UDC should have a table showing allowed uses by right and special review in each zone, and where conditions specific to a zone or location apply. This reinforces a common framework for defining uses, prevents inconsistency, and allows easy comparison between zones and uses. It also avoids problems with “hidden” uses. Use tables should have cross-references to conditions and other important information. This will tie related code sections together, without having to repeat information. 2.5.2 Alloed uses Appropriatenessoofousesoandoconditionso The current zoning code allows some uses in zones where they might seem out of place. Other uses that could fit well in a zone may be subject to discretionary review or complicated conditions, or prohibited. For example, by-right uses in the CC/Community Commercial zone – the East Hill Plaza area – include monument works, building supply stores, and electrical, heating, and plumbing shops. However, some less intrusive uses that better fit the zone’s intended purpose, like public libraries, restaurants, veterinary clinics, and medical offices, need special permit review. UDC coding should not simply copy uses and conditions from the old code to the new, as previous updates did. Coding must revisit uses, to see that they are a good fit for a zone, conditions make sense, and similar uses are allowed under the same conditions. Newoandoemergingouseso Most communities struggle with new types of uses unlike anything else described in their zoning regulations. In the past, video arcades, mini-storage, home day care, and cell towers left decision-makers scratching their heads. Today, it’s composting facilities, wood boilers, AirBnB, and in some states, marijuana dispensaries. honceptualoUDhouseocategoriesoandotypeso Principal:oagriculturalouses Agricultural use Kennel Wildlife rehabilitation center Principal:oresidentialouses Housing: detached (1 unit) Housing: double (2 units) Housing: attached (2-6 units) Housing: multiple (3+ units) Housing: live-work Housing: mixed use Housing: manufactured home Group housing: collective Group housing: room/board Group housing: group home Residential care facility o Principal:olodgingouses Bed and breakfast Hotel / motel Campground: recreational vehicle Campground: tent o Principal:oofficeouses Health / wellness practice Professional office Veterinary practice Principal:oretailoandoserviceouses Adult use Commercial recreation: indoor Commercial recreation: outdoor Day care: center Day care: pet Funeral services Restaurant / bar Retail and service: general Retail: large item Retail: vehicle Retail: heavy commercial o Principal:ovehicularouses Vehicle fueling and repair Vehicle major repair o Principal:oindustrialoandosemi- industrialouses Artisan Industrial use: low impact Industrial use: high impact Junkyard Research / laboratory Self-storage facility Trade use Principal:oextractionouses Mining Timber harvestingoo o Principal:ocivicouses Cemetery Community workshop / makerspace Country club Cultural facility Government facility Hospital Marina Outdoor education facility Park Park and ride lot Place of assembly Private club / lodge Public safety School: college / university School: primary / secondary School: vocational o Utilityoandocommunicationouses Solar farm Utility substation Wireless facility Temporaryoandointermittento uses Garage sale Garden market Seasonal outdoor sale o Accessoryousesoandosingleo purposeostructures Agricultural tourism / value added use Antenna: radio hobbyist Day care: home Donation collection box: outdoor Drive-through facility Fowl keeping Guest room lodging Home occupation Housing: accessory unit Housing: agricultural worker unit Housing: caretaker unit Solar panel Vending machine: outdoor Wildlife rehabilitation: home- based Wind collector Wood boiler Woodshed A nuisance may be merely a right thing in the wrong place -- like a pig in the parlor instead of the barnyard. — George Sutherland, Euclid v. Ambler Realty Co., 272 U.S. 365, 388 (1926). 60 The Town’s zoning code has often been ahead of the curve in addressing emerging uses, like accessory apartments. The Town was a pioneer in adopting standards for solar panels and wind generators. However, code amendments for those new uses were often wordy and complicated. The UDC should preemptively address the latest generation of new and emerging uses. Communal living, where a group of unrelated adults lives together and shares resources, is one of the “hidden uses” the current zoning code allows. It’s not in the zone-by-zone use lists, but it is allowed through a process that the definition for “family” spells out. Communal living should be among the lineup of allowed uses. Because of Ithaca’s “college town” environment, group living needs careful regulation, to ensure it considers the needs of all area residents. Shared expenses of communal living, and income from guest room rental, can help make housing more affordable. The UDC should also address AirBnB-style guest room rental. To prevent abuses that could “ruin it for everybody else”, the Town should consider limiting accessory apartments to owner- occupied properties, to prevent future abuse by absentee landlords. Even with generic use groups and types, uses with unique footprints and impacts will still be an issue. The conceptual use list includes emerging uses that may need special treatment, like doggie day care, clothing collection boxes, and live-work space. The UDC should have use types for commercial uses that tend to cluster together or be visually overpowering, like auto and power sports dealers, heavy equipment rental, and bulk fuel dealers. Spacing and design requirements can prevent their concentration, and control their appearance. hommercialousesoinoresidentialozoneso The Ithaca area has a strong tradition of homegrown small businesses and cottage industry. Some of the region’s most iconic businesses began in someone’s kitchen, basement, or garage. Home occupations provide many benefits; lower start-up costs, reduced commuter traffic, and flexibility for those taking care of other family members. They also need careful regulation, to ensure they peacefully coexist with their neighbors, and fit into their residential surroundings. Current home occupation regulations are unusually permissive. There are no restrictions for the kind of use, or customer visits, if there’s no impacts or visible evidence, there are four employees or less, and the use takes up under 500’² or 25% of the floor area. The same rules apply in all zones that allow home occupations - C-Conservation, AG-Agricultural, and all residential zones. While it’s easy to start a home occupation in the town, the one- size-fits-all approach doesn’t consider if uses are suitable for its setting. Some types of businesses that might have little or no impact in a rural area could be very disruptive in a denser neighborhood or multifamily setting. Many communities struggle with uses their zoning codes didn’t anticipate, like used clothing donation boxes. Monument works like this one in Rochester are a by-right use in the CC zone, but medical offices and restaurants need a special permit. hurrentohomeooccupationoregulationsoinoplainoEnglisho • Business owner/proprietor must live at the house. • Location: inside the dwelling or an accessory building. • Floor area: ≤25% of the dwelling or 500’², whatever is less. • Employees: ≤4, including residents. • Sales: only goods created/assembled/reconditioned on the property. • Parking: all off-street. • Impacts: no offensive noise, vibration, smoke, dust, odor, heat, glare or electronic disturbance detectable beyond the property. No traffic beyond what one would expect in a residential area. • Character: preserve residential character. No signage. o 61 Home occupation regulations in the UDC should build on the current rules, and aim to: • Limit daily customer visits to the house and business-related traffic. This prevents busier storefront uses, and allows more control over traffic than a subjective “no traffic beyond what’s normal for residential uses” requirement. • Limit number, types, and visibility of business-related vehicles. • Limit or ban uses that tend to grow beyond the limits allowed for home occupations, or create a nuisance to neighbors. Examples are vehicle-related uses, barber and beauty services, and retail uses. • Ban outdoor storage. • Use a tiered or context sensitive approach, with more limits on customer visits, number of non-resident employees, and types of uses in denser zones; and expanded options in large lot and rural settings. Live-work units accommodate shared business and living space. Live-work include artists’ lofts where living and working occur in the same physical space, and “live above-work below” townhouses with a storefront on the ground floor, and living space above. Live-work units and a wide range of allowed uses should be allowed in denser conventional and TND zones, as part of a larger development. Corner stores and cafes are part of the neighborhood fabric in many Upstate New York villages and towns. Small-scale retail, service, and “third place” uses like coffee houses, may be suitable at major intersections in residential areas. Parking, hours, and general impacts and appearance must be carefully controlled, to ensure compatibility with their surroundings. Agritourismoandovalue-addedoagricultureo Diverse agricultural operations, natural beauty, well-developed tourism infrastructure, and a strong food and wine culture come together in Ithaca, making it perfectly situated for agritourism. The Comprehensive Plan and the Agriculture and Farmland Protection Plan support agritourism, both to preserve farmland and agribusiness, and to foster sustainable economic development. However, incomplete and sometimes complex regulations limit its potential. Current zoning regulations allow a variety of traditional agritourism-related uses. “Lawful farm purposes … excluding rendering plants”, nurseries, equestrian facilities, kennels, and roadside stands (with conditions on size, placement, and product source) are allowed by right in the AG-Agriculture zone. Discretionary uses include retail sales related to agricultural operations (with conditions on building and site size), farm retreats, and bed and breakfast inns. The current zoning code allows “retail sales of machinery, products, supplies, or produce primarily related to, or derived from, agricultural operations” in the AG-Agriculture zone, subject to Planning Board approval and conditions on site and building size. This provision allows some potentially intrusive uses, such as agricultural equipment and feed sales. However, the code leaves out many less intensive agritourism-related uses, like farm- to-table bistros, and site rental for weddings and receptions9. Value-added agriculture includes agritourism, along with small commercial, manufacturing, and service operations that increase the value of agricultural commodities. The current zoning code doesn’t allow many value-added operations, such as onsite processing and packaging, farm breweries and distilleries, and shared kitchens. The UDC should allow a wider range of agritourism and value- added operations on working farms, without a formal interpretation or use variance from the Zoning Board. Conditions for building and site size and design, signage, and business hours would help preserve rural character, and ensure agritourism and value-added operations are secondary to a main farm use. Allowing small garden stands and CSA distribution points in neighborhoods can bring fresh food closer to residents, and reduce food miles. Agriculture support businesses, and general retail sales of farm machinery and supplies, may not be appropriate in rural areas. 9 Six Mile Creek Vinery needed a use variance to host weddings, receptions and other small events. Town of Ithaca Zoning Board of Appeals, 1 November 2005 meeting. Live-work housing in Norfolk, Virginia. (Photo: Opticos Design) 62 Accessoryoandotemporaryouseso In the current zoning code, zone-by-zone use lists have a category for accessory uses and buildings, along with conditions. Some accessory uses, like accessory apartments, are among the lists of principal uses. The code’s Special Regulations and General Provisions articles list some other allowed accessory uses and buildings. The code identifies a handful of temporary uses and structures, among them temporary buildings “for commerce or industry, where such building is necessary or incidental to the development of a residential area.” Accessory and temporary uses can pose problems if they’re not carefully defined and limited. The UDC should identify a broader range of accessory and temporary uses than the current code. Standards and conditions – location, time limits, and so on – will help make regulation clear and consistent. Agritourismoandovalue-addedoagricultureoinotheoTowno • A.J. Teeter Family Farm - hayrides, educational tours • Cornell Orchards - farm product store • Early Bird Farm - farm stand, garden center • Eddydale - farm stand • Hands On Gourds - gourd art and home furnishings • Indian Creek Farm - farm stand, u-pick • Ithaca Beer Company - brewing, restaurant, tours • Laughing Goat Farm - goat yarn and woolen goods • Little’s Greenhouse - retail nursery • Kestrel Perch Berries - u-pick CSA • Six Mile Creek Vineyard - winery, tasting room, small events • Steep Hollow Farm - crop/sound maze • Tree Gate Farm - farm stand • West Haven Farm - farm tours, education, CSA pickup Potentialoagritourismouses • Agricultural and rural/primitive crafts • Barn and site rental for private events • Bed-and-breakfast or farm stay inn • Crop maze • Community Supported Agriculture (CSA) share pickup • Educational and heritage tours and demonstrations • Farm campsite • Farm retreat • Farm stand/store • Farm-to-table restaurant or meals • Garden plot rental • Horse, hay, and sleigh rides • Produce self-harvesting (u-pick farm) • Winery/brewery/distillery/cidery tasting room and sales Potentialoagritourismouseso • Agricultural and rural/primitive crafts • Barn and site rental for private events • Bed-and-breakfast or farm stay inn • Crop maze • Community Supported Agriculture (CSA) share pickup • Educational and heritage tours and demonstrations • Farm campsite • Farm retreat • Farm stand/store • Farm-to-table restaurant or meals • Garden plot rental • Horse, hay, and sleigh rides • Produce self-harvesting (u-pick farm) • Winery/brewery/distillery/cidery tasting room and sales Farm stands, wineries, and educational programs are a sampling of uses agritourism entails. o 63 Accessory buildings should not be among regulations for accessory uses, unless they are single purpose or temporary structures. Site and building design standards in the UDC should control accessory building location and appearance. 2.5.3 Use and context specific standards Specific standards or conditions for some uses are among the lists of allowed uses in a zone. Some other use-specific standards are in the Special Regulations or General Provisions articles. For adult uses, some standards are in the LI/Light Industrial section of the current zoning code, while other requirements are in their own chapter of the Town Code (§100), separate from zoning. Newer zoning regulations often have definitions for each use, along with any general and zone-specific standards and conditions, after an allowed use table. A use table may have a cross-reference to definitions and conditions. UDC should have more use- and zone-specific standards and conditions for common uses, to help control impacts, ensure better compatibility, and guide decision-making. This approach can allow more uses by right, conforming to set standards, rather than subject to discretionary review and more arbitrary approval conditions. It will help make the review process more streamlined and predictable, and offer more certainty for both the applicant and neighbors. Gas stations and vehicle-related uses, self-storage, and wireless facilities should also have added site planning and design requirements, to help improve their appearance and make them blend in better with their surroundings. This report discusses use-specific design requirements in the previous section. 2.5.4 Performance standards Newer development codes often have a section for performance or activity standards, which regulate impacts of uses and objects that could affect neighboring properties. Performance standards can be both general, for example, regulating noise and vibration levels, and specific, like regulating outdoor speakers and vacuum cleaners at gas stations. In comparison, property maintenance and nuisance regulations in a municipal code deal more with actual impacts or effects, than control of the sources. Performance standards regulating sources of noise, vibration, glare, dust, smoke, odors, and other impacts should be part of use regulations in the UDC. Site planning and design regulations should also have standards for location, screening, and buffering of uses, objects, and storage areas that could be a nuisance if left unchecked. 2.5.5 Use revie reform Specialouseso Discretionary review at a public hearing is a powerful tool to control difficult land use situations. This includes controversial uses that the Town must allow somewhere, but doesn’t want to The Buffalo Green Code groups use definitions, with general and zone-specific conditions, after the allowed use table. Newer codes accommodate a wider range of temporary and seasonal uses, like Christmas tree sales. 64 encourage, like adult entertainment. Discretionary review ensures these types of uses aren’t allowed outright, but instead receive careful scrutiny at a public hearing. However, the Town’s current planning regulations often call for discretionary review for uses and actions that are benign. o Allowing more uses by right, especially those that seem like a good fit for the zone or area, subject to clear standards and conditions, is one way to streamline the development review process. (Section 2.6 looks at streamlining the development review process in general.) Singleoboardoreviewoofodiscretionary/specialouseso Most zoning codes have two classes of uses – by-right and discretionary. Staff approves by-right uses, with no formal public hearing. Discretionary uses – often called special uses – are those that need more scrutiny to determine impacts and compatibility. A planning board usually approves (or denies) special use requests at a formal public hearing.o The current zoning code further divides special uses into two classes – special permit uses that need Planning Board approval, and special approval uses that need Zoning Board approval. This table shows how split discretionary review works in the MDR/Medium Density Residential zone. Under New York State town law §267 (2), the role of a zoning board of appeals – an appellate or quasi-judicial body – is to consider use and area variances, and hear appeals of interpretation of planning regulations. This should be the main role of the Zoning Board. The UDC should have only one class of special uses, with the Planning Board –a quasi-legislative body – as the decision maker. hhangeoinocommercialooccupancy On paper, different commercial zones allow certain retail, service, and office uses by right. In practice, both by-right and special permit uses must be approved through the same discretionary review process. Rules for site plan modification in Zoning Code §270-191 say: … Notwithstanding the foregoing, Planning Board approval of a modification shall not be required: A. If the modification does not involve: … (4) Construction, alteration, or renovation of the interior of a building involving a change in occupancy or use … This “double negative” rule means the Planning Board must approve any occupancy change involving interior renovation, even for by-right uses. For example, the Planning Board had to grant site plan approval for Subway to move into a space once occupied by a bank in East Hill Plaza. This level of scrutiny for a change in by-right uses is unheard of in most communities. This policy exists because of a concern that a new use won’t have enough parking. Most other communities address this through staff review; if a proposed use doesn’t have the amount of parking that zoning requires, staff denies it. The UDC should not MDRozoneo–ocurrentoby-rightouseso MDRozoneo–ocurrentospecialopermitousesoo (PlanningoBoardoreview)o MDRozoneo–ocurrentospecialoapprovalouseso (ZoningoBoardoreview)o • Single family house occupied by one family, with or without a boarder. • Duplex, with second unit ≤50% of the floor area of the primary unit (and other provisos for basement area). • Public park or playground. • Municipal or public utility purpose necessary to the maintenance of utility services. • Day-care homes, family day-care homes and group family day-care homes. • Community residence. • Small wind energy facilities. • Church, convent and parish house. • Cemetery. • Public, parochial and private schools, public library, public museum, day-care center, nursery school, institution of higher learning including dormitories. • Fire station or other public safety building. • Golf course, driving range or miniature golf course. • Bed-and-breakfast inns with ≤2 bedrooms if the lot is <30,000’², or four bedrooms if the lot is ≥30,000’². • Elder cottages. • Accessory dwelling units in a building other than the primary unit, subject to various conditions and provisos. • Keeping of domestic animals in accessory buildings. Collegetown Bagels needed formal site plan approval to expand into a neighboring storefront in East Hill Plaza. o 65 call for Planning Board approval – and the many person-hours that a public hearing involves – for a simple change in occupancy or use, or expansion into a neighboring storefront. o Staffointerpretationoofonewoandounlistedouseso Most zoning codes allow staff to decide if a use is “close enough” and allowed in a certain zone. Criteria about different aspects of an unlisted use compared to allowed uses help guide interpretation. Administrative interpretation for unlisted uses should be a part of the UDC, with the option of Zoning Board interpretation or appeal if needed. Process and administration 2.6 There are two aspects to managing planning regulations – the entitlement or development review process, and code administration. Entitlement includes the process and criteria for reviewing site plans, subdivisions, variances, and other planning actions. Code administration includes enforcement, vesting, nonconformities, interpretation, and rules for managing the code itself. If planning regulations are like a cookbook for placemaking, the Town’s current codes can seem like a set of recipes that are more concerned with the utensils than the ingredients. The Town often relies on the process itself, not clear standards, to control development. The current zoning and subdivision codes, typical of older planning regulations, often lay out complex rules or processes for situations that don’t always justify them. Applicants may navigate a review process with unclear rules, and an unpredictable path to approval. There’s no guarantee it will translate into high quality development. With so many variables, developers may cut their risk with projects that are “safe”, rather than innovative. Some may not trust the process – and by association, the Town and its decision-makers – to arrive at a fair or “right” outcome. Planning regulations are as effective as their implementation. The UDC must have review processes that are open, predictable, and clear. This will help reduce risk and uncertainty, and attract developers who can help build the places the Plan envisions. 2.6.1 Code administration The development review and administrative sections of the UDC must be organized to make processes and protocol clear and easy to follow. Separatingoregulationoandomanagemento Current planning regulations often comingle regulations and process. The lack of dedicated review and administration chapters makes regulations longer and more repetitive, and leads to confusing (and usually unnoted) cross-references and inconsistencies.o As this report recommends earlier (§2.1.2 – Organization), the UDC should group development review and administration functions in their own chapters, separate from zoning and development standards. This will make processes easier to understand, and reduce redundancy and potential conflicts. hodeocomplexityoandostaffoadministrationo Many older zoning and development codes have complex rules or processes for situations that don’t really justify them. The Town’s current planning-related codes are no exception. Complexity often results from trying to cover even the most remote contingency, using the longest and “most thorough” model as a template for a new provision, or decades of one-off amendments for specific situations. Unnecessary complexity makes it harder for Town staff to administer its planning regulations. The UDC and some of its new approaches will have a learning curve. The learning curve can be gentle by using a “keep It simple" approach – that systems work best when their design is simple, not complex. It doesn’t mean less regulation, but rather less complicated regulation with similar protections and outcomes. To ensure consistent, predictable review and administration, and reduce future conflicts – especially with the prospect of form- based regulations and other “unfamiliar” planning tools – the UDC must have clear rules for code and map interpretation, and measurement. 66 Rolesoandoresponsibilitieso Planning decisions fall into three categories – legislative and quasi-legislative, quasi-judicial, and administrative. As this report describes in §2.5.5 (Use review reform), the responsibilities and function of the Town’s review bodies are unclear to the public, and their given roles often overlap. It can also be difficult for applicants and staff to find the right permit or review process for a certain planning action. The UDC should have a master list of all review bodies, with their specific roles and powers. There should be clear separation of authority and powers; the Town Board and Planning Board perform legislative and quasi-legislative functions, and the Zoning Board performs quasi-judicial functions. The table below describes where the functions of the Planning Board and Zoning Board overlap, and how the UDC can better define their roles. The UDC should have a master table for every planning action, with a description, review type (minor/one-step or major/two- step), and thresholds, involved approval bodies, and references to relevant code sections. 2.6.2 evelopment revie Historically, the Town’s stance towards growth and development has been ambivalent. While processes aren’t necessarily onerous, they are often unclear and inconsistent. The resulting regulatory and review framework can increase uncertainty for applicants, frustrate residents, and undermine the Town’s ability to attract the high quality development it wants. The Comprehensive Plan is the Town of Ithaca’s growth management plan. The UDC should communicate the Plan’s vision and recommendations clearly and directly with regulations that don’t hide their intent, and a review process following a predictable path to a decision.o honsistentoprocedureso Review processes for different planning actions are scattered through the current zoning and subdivision codes. There’s little consistency among them. Some local laws for planned development zones set their own review processes and requirements. The Town’s current planning-related codes don’t always spell out thresholds for different actions and processes. There are no criteria for what needs a one-step “preliminary and final” review, or a longer two-step with separate stages for preliminary plan and final plan review. Current regulations are also silent about the order or concurrence of different reviews. State law requires subdivision approval before site plan approval, but the Town often combines them into a single approval. If a site plan requires a variance, it’s unclear what approval comes first. The UDC should group review procedures together in one chapter, with subsections of a consistent format and level of detail for each application type. The development review chapter should also have common procedures, like application, public notice, public hearings, recording, lapsing, and appeals. Sections devoted to various specific procedures (for example, special uses, or site plan amendments) would follow and refer to the common procedures, and note any exceptions. This would make the development review process easier to understand and follow, avoid unnecessary duplication, and ensure consistent administration. The UDC should have clear criteria and thresholds for the type and scale of projects that need administrative approval; a “minor” one-step approval, with one Planning Board meeting; and a “major” two-step process, with separate preliminary and final approvals. The UDC should also clarify review order and concurrence. ZoningoBoardoandoPlanningoBoardoresponsibilitiesoandofunctions:ocurrentozoningo ZoningoBoardoresponsibilities/functions • Variances – bulk/area and use (quasi-judicial) • Interpretation (quasi-judicial) • Uses – review/approval of special approval uses (quasi-legislative) PlanningoBoardoresponsibilities/functions • Site plan – review/approval (quasi-legislative) • Subdivision – review/approval (quasi-legislative) • Uses – review/approval of special permit uses (quasi-legislative) • Interpretation – undefined special permit uses in commercial zones (quasi-judicial) ZoningoBoardoandoPlanningoBoardoresponsibilitiesoandofunctions:ounifiedodevelopmentocodeo(recommended)o ZoningoBoardoresponsibilities/functions • Variances – bulk/area and use (quasi-judicial) • Interpretation – appeals (quasi-judicial) PlanningoBoardoresponsibilities/functions • Site plan – review/approval (quasi-legislative) • Subdivision – review/approval (quasi-legislative) • Uses – review/approval of special permit uses (quasi-legislative) • Alternative design compliance (quasi-legislative) o 67 Streamlinedodevelopmentoreviewoo Current zoning regulations set a low threshold for the kinds of projects and changes that require formal Planning Board or Zoning Board hearing. Formal public review for actions that zoning allows by right, exempt from SEQRA (Type 2), or with minimal or no impacts, is time-consuming and expensive for both the applicant and the Town. The system could break down under its own weight if development activity increases. The Comprehensive Plan recommends streamlining the review process; not for its own sake, but to improve customer service, use time and resources better, and attract quality development. One streamlining strategy is allowing staff to review and approve actions that support the Comprehensive Plan, don’t need SEQRA review, and don’t raise health, safety, or environmental concerns. Approaches to help reduce reliance on formal review include: • More allowed uses by right or administrative review, subject to clear design standards, conditions of operation, and performance standards in the UDC. • Higher threshold for site plan amendments, boundary line adjustment, and other minor changes that trigger formal Planning Board review. • Same review thresholds, criteria, and review processes in both regular and planned development zones. • Pre-approved building types for TNDs. • Administrative design and architectural review. • Administrative review/approval of certain types of subdivisions (for example, lot splits in on local streets in residential zones). (Also see section 2.3.8.) • Setback, height, and other dimensional standards that reflect variances the Zoning Board commonly approves. (Also see section 2.4.2.) • Administrative adjustment for small variations to building setback and height requirements, under objective criteria. • Specific rules for unlisted uses, and other provisions allowing common sense interpretation by staff. Every step in the review process should serve a purpose, and benefit the applicant and the community. The UDC should use the least complicated permitting procedures possible, consistent with State law requirements and the need to ensure effective project review and proper Plan implementation. Table of planning actions and review bodies in the Raleigh, North Carolina unified development code. 68 Applicationorequirementso The current zoning and subdivision codes hard-code application requirements – drawings, their details and scale, narratives, certificates, and even paper sizes – as law. The Town Board must amend the code to make any changes, no matter how small. There’s no benefit to hard-coding, and no higher law requires it. Application requirements should be in a separate guide, not the Town Code. This will declutter the actual code, and allow staff to waive or change certain requirements as needed. While staff and board members want to see a full picture before making a decision, too much information can lead to “analysis paralysis.” Some preliminary and final plans include far more detail than the Town asks for, sometimes approaching the level of permit-level construction drawings. This can make minor tweaks and changes – expected during preliminary review – costly and time-consuming. Changing an innocuous site feature that an approved plan locked in might need another public hearing, because there is a low threshold for major amendments. Town staff and review bodies should revisit submittal requirements, and pick out what’s needed and not needed to make an informed decision at each review stage. Requirements should keep nonessential “nice to know” items to a minimum, and discourage overdetailed building permit-level drawings. During final subdivision or site plan review, or building permit review, staff can conduct a compliance check to ensure final landscaping, lighting, and other small details meet UDC standards. Alternatively, there can be more flexibility for tweaks and changes between different review stages. Approval should not lock in details that the UDC doesn’t control. A review process with less front-loading can also lower upfront soft costs for small local developers. 2.6.3 iscretionary poer and predictability Broad or subjective rules for some aspects of land use and development, and reliance on discretionary review to negotiate design and conditions, are recurring themes in this report. They can cause uncertainty and delays, and inconsistent decision- making. Discretionary power might keep bad projects out, but it doesn’t require or reward good design and positive development. A core principle of Smart Growth is making development decisions predictable, fair, and cost effective. A UDC with clear, concise, and well-defined rules and processes is essential for attracting the kind of development that Ithaca wants, and protecting it from land use decisions that aren’t consistent with the Comprehensive Plan. Discretionaryoandoopen-endedoregulationso When the Town drafts the UDC, it needs to find the right balance between flexibility and certainty that will best implement the Comprehensive Plan. People want to know the rules and standards for new development, and how staff and approval bodies will make their decisions. To allow more flexibility or control over some aspects of development, many older zoning codes used open-ended or subjective standards, and let decision makers make the call. The Town’s current codes are no exception, with: • Requirements based on subjective or nebulous concepts with no criteria, like what is “adequate”, “appropriate”, or “compatible”, instead of objective or measurable criteria. • Missing standards for some aspects of land use, where negotiation and discretionary review often fill in the gaps. • Discretionary provisions – both measurable and open-ended – that allow the Planning Board to change different parts of a proposal, or impose or waive various requirements, based on “reasonable opinion” “the judgement of the Board”, or vague criteria. PlanningoBoardodiscretionaryopowerso It’s not easy to count the number of discretionary (and often subjective or open-ended) provisions in the Town’s zoning and subdivision codes. A quick search found no shortage of ways the Planning Board can set its own standards, impose or waive various requirements, or make other major changes to projects, with few or no constraints. These are a few examples. • Zoning Code §270.111 (MR/Multiple Residence zone): … the Planning Board … may require additional landscaping, fencing, screening, or earth berm to be provided in any [MR/Multiple Residence] area where the proposed structure or use would, in the opinion of the Planning Board, create a hazardous condition or would detract from the value of neighboring property if such additional landscaping, fencing, screening, or berm were not provided. (There are also similar provisions for commercial zones.) • Subdivision Code §270.25 (solar orientation): The Planning Board may require subdivisions to be platted so as to preserve or enhance solar access for either passive or active systems, consistent with the other requirements of these regulations. Improvement of solar orientation may be a sufficient consideration, in the judgment of the Planning Board, to warrant site plan modifications. • Subdivision Code §270.25 (cluster development): The Planning Board may restrict the subdivider [to] a lesser number of dwelling units if, in the Planning Board's judgment, particular conditions of the site warrant such restriction. o 69 This open-ended approach can make zoning a lot-by-lot tool, and foster a bargaining environment where any concern can be raised, regardless of actual impact. A review board risks becoming “taste police,” with decisions reflecting personal opinions. It can increase uncertainty and risk for a developer, and soft and hard costs from delays in the approval process. Developers usually recoup these costs in the sale price or rent for a property. Most planning regulations allow some common sense discretion, because they can’t cover every possible situation. However, if a regulation is too vague, or leaves too much room for arbitrary decisions, a court can strike it down for being a standardless delegation of legislative authority10, or violating the due process11 or equal protection12 clauses. As this report says earlier, rules and regulations in the UDC – or any set of planning laws – must be clear, specific, consistent, and objective. Standards can be flexible by providing a range of options. The UDC should avoid subjective terms or abstract concepts where possible, and clarify them with objective criteria when they’re unavoidable. The link between approval criteria and standards should be obvious. A reasonable foundation of Plan goals, good planning practice, and objective findings – not unsupported opinion or speculation – must be the basis for decision-making. UDC language must clearly communicate that it is the law; the Planning Board can only administer and enforce it. The UDC cannot have redundant “the Planning Board shall require” statements that imply the opposite is true. None of this means the Planning Board should have no discretion when it reviews a project. Under state law, planning boards maintain other broad discretionary powers. They can: • Impose reasonable approval conditions to address foreseeable impacts. • Require or waive requirements for installing street signs, lighting, street trees, water mains, sanitary sewers and storm drains. • Waive certain development standards if they’re not applicable to a subdivision. 10 Standardless delegation of legislative authority: legislative power passed on individuals, without any articulable standards for exercising it. 11 Void for vagueness: courts generally rule that a law deprives due process rights if it doesn’t give the average person a reasonable sense of what it allows or requires. This includes laws that are open-ended, and unwritten laws. 12 Equal protection clause: courts see unequal treatment of similar situations as unconstitutional. • Require setaside of suitably located land for park, playground or other recreational purposes; or money in lieu of parkland. • Make conditions on ownership and use of open space in cluster development. The Planning Board, in a role as lead agency for SEQRA (environmental review), can request mitigation, or justify approval or denial, based on the findings of an environmental impact statement (EIS). Many codes allow a planning board to consider alternative compliance with some design standards. If the UDC allows alternative compliance, it should have approval criteria to ensure the outcome won’t be a downgrade. Hiddenoregulationso Even with a unified development code, there will still be a “shadow code” of little-known local laws, interpretations, and conditions that could affect a project. These hidden regulations are in meeting minutes, resolutions, memos, emails, and institutional knowledge. If applicants don’t know about them upfront, they could cause confusion and unexpected delays, and add to the uncertainty of development review. A recorded staff interpretation of the Scottsdale, Arizona zoning code. 70 Town staff is using Municity, the Town’s permit tracking system, to document special conditions for rezoning, cluster subdivisions, and site plans. Other conditions are in archived minutes, resolutions, and case files – all public information, but not always easy to find. A “tickler map” that shows sites subject to special conditions can be a helpful reminder to staff and applicants. No zoning code can address every possible situation or aspect of regulation. The UDC should have a process for documenting text interpretations. This will help preserve institutional knowledge, and ensure predictable and consistent code administration. Because the UDC will have clear standards and processes from the start, many old interpretations will be obsolete13. Older interpretations are relevant only if they conferred rights that someone carried out. 2.6.4 Vesting and expiration limits A vested right is the right to complete a project following the regulations it was approved under, even if they change later. Under state law, vested rights lock in when a project reaches a level of substantial construction or completion. Most zoning and subdivision codes in the state set a timeframe for a project reach that point. If it doesn’t, the approval and all vested rights expire, regardless of any permits, expenses, or site prep work. For an applicant, vesting protects investor-backed expectations, and provides certainty about the rules they must follow. For a city or town, vesting timeframes prevent premature or slow-moving 13 Legal doctrines of lex posterior derogat legi priori, the younger law overrides the older law; and “distinguishing”, that precedent applies only to cases that are similar in most regards. projects from staying active for years, and undermining current planning goals. The Town’s current planning regulations don’t adequately describe the vesting process for all types of development. In the case of final subdivisions, the vesting timeframe is much longer than most other communities, and the threshold much lower than state law. The current subdivision code now sets a 10-year vesting period for subdivisions, allows unlimited extension, and locks in vested rights when work “materially commences” or any lot is sold. It doesn’t state a timeframe for preliminary subdivision expiration. This makes it very difficult to plan for new regulations, because word of new regulations may bring on a rush of applications under old rules – and get near-perpetual development rights if vesting provisions don’t change. The UDC must have vesting and expiration limits that better balance the Town’s need to respond to changed circumstances against an applicant’s need for certainty. It should set a firm timeframe for approval expiration when entitlement rights are not exercised or vested. It should consider the region’s moderate growth rate and the constraints of small local developers, but prevent or stop underfunded or quixotic ventures that can drag on for years. The following conceptual timeframes are based on state law, and zoning and subdivision codes in other New York towns. • Preliminary subdivision plat ▪ No phases – 6 months (state law) to 1 year from preliminary approval to apply for a final plat. ▪ Multiphased – 6 months (state law) to 1 year from preliminary approval to apply for a final plat for first phase, and 1 year after completion of an earlier phase, if there is no final plat applications for other phases. ▪ Approval under the former subdivision code, for a proposal that doesn’t comply with new UDC standards: void, with no vested rights. • Final subdivision plat ▪ Approval under the UDC to filing: 62 days (following state law), considering all improvements or a performance guarantee are in place. ▪ Filing to “substantial construction” under a performance guarantee: 2 to 3 years. ▪ Approval under the former subdivision code to “substantial construction”, for a proposal that doesn’t comply with new UDC standards: 2 years (following state law), with no extension. • Zoning/site plan preliminary approval ▪ 1 year from preliminary approval to apply for final approval. ▪ Approval under the former zoning code, for a proposal that doesn’t comply with new UDC standards: void, with no vested rights. One essential element of a properly made decision is that it accords with … clearly articulate rules and standards. This is so because there is a tendency for regulatory systems which operate without clearly enunciated standards to be inherently irrational and arbitrary. The problems are … apparent when one's ability to get approval from a board … cannot be predicted because no hint is ever given … as to when the board will give such approval and when it will withhold it. The problem is basically one inimical to ad hoc, standardless decisions. … [A]gency attempts to control any form of behavior should be governed by standards for decision which are stated in advance and given wide circulation. … For due process reasons, these standards should be publicly promulgated and written precisely enough to give fair warning as to what the standards for decision will be. —Warren Young, District Judge, Federal District Court, U.S. Virgin Islands. 350 F. Supp. 1159 (1972) o 71 • Zoning/site plan final approval (site plan, special use, variance): 1 to 2 years. • Extension: one only, for the same timeframe as the previous approval, with clear approval criteria. No extensions of extensions. The UDC should have criteria and timeframes to ensure continuity for larger, long-term multi-phase projects, like those subject to TND regulating plans, or master plans for planned development zones. However, it should limit time extensions, to expedite slow moving and stalled projects, and keep them from staying active for years. Expiration should be automatic; not at the judgement of the Planning Board. Because zoning and subdivision regulations are not contracts, there should be no expectation that approvals under old codes are “grandfathered”, unless construction is underway. The UDC’s new standards and vesting provisions would close the books on slow-moving proposals that conflict with current Comprehensive Plan goals and desired development outcomes. orm thaca initiative 2.7 Form Ithaca is an initiative supporting zoning reform in the Town and City of Ithaca. It also promotes public awareness of local planning issues, and the benefits of form-based codes. One goal of Form Ithaca is to draft a version of the SmartCode – an open source template for a form-based and transect-based zoning code –calibrated to ideal local conditions. The calibrated SmartCode will inform and guide zoning reform efforts in the Town and City. Aspects of the calibrated SmartCode that should be part of the UDC, especially in TND transect zones, include: • Organization based on scale of planning concern: regional level, neighborhood level, lot level, and building level. • Design sequence for TNDs and new neighborhoods. The SmartCode design sequence can also be adapted to conventional and cluster development. • Rules for the type, location, and ratio of different transect zones in a new neighborhood area. • Neighborhood and civic space design standards. • Street design standards. • Building configuration and placement standards. • Site design standards. • Allowed uses in each transect zone. These standards may need recalibration, so they don’t conflict with the Comprehensive Plan’s goals, recommendations, character districts, and desired development outcomes. Form Ithaca workshop with Town and City staff. o 73 CHAPTER 3 | COMPREHESVE PLA RECOMMEATOS Goal/recommendationoo UDhoapproacho Landouseo LU-1-A: Concentrate development in areas with adequate infrastructure and services. • Comprehensive Plan character map, which considers utility service areas, guides zone location. LU-1-B: Preserve/protect environmentally important and scenic lands. • On-site transfer of development rights from sensitive areas. • Tree preservation requirements. • Ridgeline protection requirements. • Context-sensitive architecture regulations • Stealth/concealed design requirements for wireless facilities. • Sign corridors with reduced height and size limits. • Viewshed protection through new overlay zones. LU-1-C: Limit intrusion of non-agricultural uses into agricultural/conservation areas. • Conservation and agricultural zoning in the Natural/Open and Rural/Agricultural character districts. LU-1-D: Limit low density residential to areas with limited/no value as agricultural/ conservation areas, unlikely sewer/water. • R-R (LDR) zoning limited to the Semi-Rural character district. LU-1-E: Require development to take a cluster/conservation form in environmentally, agriculturally and visually sensitive areas. • Density bonus for cluster/conservation development or mixed-use hamlets in rural/semi-rural areas, or density penalty for conventional development. LU-1-F: Establish more intensively developed mixed use neighborhoods near employment centers. (South Hill, East Hill) • Overlay that requires future development as a TND, and prohibits conventional or cluster subdivision, in the TND High Density character district. LU-1-G: New mixed use neighborhoods where they can be supported due to proximity to utilities and adequate transportation networks. • Overlay that requires future development as a TND, and prohibits conventional or cluster subdivision, in the TND Medium Density and TND High Density character districts. LU-1-H: Limit commercial/industrial zoned land to what is needed, discourage strip commercial and speculative rezoning. • Minimum and maximum land areas and frontage lengths for groups of commercial zoned lots; minimum spacing between those groups. • Limit the extent of a future Inlet Valley commercial zone. • No commercial or industrial zoning in areas with limited or no sewer/water service. LU-1-I: Restrict frontage residential development. • Full/major review process (separate preliminary and final plat) for frontage subdivision. • Re-subdivision time limits. • Larger minimum lot size for agricultural lot splits. • No “frontage cluster” loophole. • Lot width-to-depth ratio range. • Limit lots fronting directly on same road that parent lot fronts. LU-1-J: Redevelop/retrofit aging/abandoned industrial/commercial sites as mixed use, pedestrian-oriented development. • East Hill Plaza and Danby Road/King Road ares in a TND/new neighborhood overlay zone. • Emerson site in a PD zone with transect-based subzones. LU-1-K: Ensure development is sensitive of scenic resources. • See approaches in LU-1-B. • Undergrounding new wired utility transmission and distribution lines required everywhere, not just residential areas. LU-2-A: Adopt architectural design requirements. • Architectural design requirements for residential, commercial, industrial, and mixed use buildings. 74 Goal/recommendationoo UDhoapproacho Landouseo LU-2-B: Implement site planning requirements. • Site planning requirements that cover aspects beyond building setback and bulk. LU-2-C: Establish landscaping and screening standards. • Prescriptive landscaping and screening standards. • Standard screening and buffering types or classes, to avoid repeating standards. LU-2-D: Enhanced sign requirements. • UDC includes sign regulations. • Sign regulations for new zones. LU-3-A: New development compatible with existing development. • Consider “compatible” as being respectful of scale, form, setting, and context; not “frozen in amber.” LU-3-B: Infill development takes advantage of existing infrastructure. • Minimum and maximum density range in conventional residential zones. • Shadow platting and site planning to accommodate future densification. • Streamlined procedures for flag lots and backlot consolidation/development in developed areas. LU-4-A: Scale new neighborhoods around pedestrian sheds. Define neighborhood edges. • TND neighborhood unit size ≤5-10 minute walk from center (about 0.25- 0.35 mi²). LU-4-B: Variety of uses, densities and building types; more intensive in neighborhood center. • Wide variety of building and housing types and lot sizes in appropriate transect zones. LU-4-C: Mix of uses and recreation spaces to meet daily needs of residents. • Park and open space design, location, and size requirements in neighborhood design standards. LU-4-D: Variety of housing types and price ranges for various household types. • Wide variety of housing types and lot sizes in appropriate transect zones. • Pocket neighborhood/bungalow court and residential care facility options in transect zones, MDR and more urban conventional zones. • MR zone allows more than just complex-type development. • Also see Comprehensive Plan recommendation HN-2-A. LU-4-E: Civic uses in prominent locations. • Civic space and site requirements in neighborhood design standards. LU-4-F: Scale blocks for variety of building types, pedestrian traffic. • Block length or perimeter requirements in neighborhood design standards. LU-4-G: Site similar buildings across from each other. Face entrances towards public spaces. • Neighborhood planning standards that require transect zone boundaries to follow rear property lines or alleys. • Site planning standards that require front-facing facades and building entrances. LU-4-H: Sustainable practices such as light imprint development, low impact development, alternative energy production in neighborhood design. • Context sensitive stormwater management. • NYS Stormwater Manual used as performance guide; not list of only acceptable SWPs. LU-5-A: Implement institutional zoning. • Institutional overlay (over IC, CU, and CMC/Museum of the Earth areas) and institutional transect zones. LU-6-A: Adopt new zoning code, consider unified development code. • Unified development code (UDC) with most or all planning-related regulations. LU-6-B: Require form/transect-based zoning where appropriate. • Overlays for Medium Density TND and High Density TND character districts, where TND is required. • Form-based development standards for transect zones. o 75 Goal/recommendationoo UDhoapproacho Landouseo LU-6-C: Adopt new subdivision regulations, consider unified development code. • Unified development code includes subdivision regulations. • Neighborhood design and process/administration in separate UDC chapters. LU-6-D: Revise/amend development standards to reflect best planning practice. • Challenge “we’ve always done it that way” regulations and policies. • Take inspiration from other communities in the US (and Canada, Australia, and New Zealand), not just upstate New York. LU-6-E: Simplified/more logical categorization of zoning districts, uses, siting standards. • Scale of land use as UDC organizing principle; not individual zones. • Master list of broader use groups and types. • No carryover of obsolete or single-purpose zones. LU-6-F: Plain English regulations, using tables, charts, and illustrations where possible. • See §2.1.3 and §2.1.4. • Plain English For Lawyers, Planning in Plain English, and other guides for drafting plain English legislation. Goal/recommendationoo UDhoapproacho Housingoandoneighborhoodso HN-1-A: Suitable land in appropriate locations to meet housing needs. • Comprehensive Plan future land use/character district map guides residential zoning. HN-1-B: Concentrate new housing development closer to city and where public transit is available. • Comprehensive Plan future land use/character district map guides residential zoning. • TND overlay following the Comprehensive Plan and future land use/character district map, with mandatory TND mandatory, not optional. HN-1-C: Locate senior housing close to services and transit. Encourage housing that accommodate aging in place principles. • Pocket neighborhood/bungalow court and residential care facility options in transect zones, MDR and more urban conventional zones. • Residential care facility conditions: near bus route, integrated into larger neighborhood, not an isolated complex. HN-2-A: Require percentage of, offer incentives for affordable housing in new developments. Affordable housing should be indistinguishable from market rate. • “Carrot” (bonus/incentive) over “stick” (quota) approach. • Density bonus for projects that have middle-income market rate and income-qualified housing. • Architectural design standards that treat housing units of the same type similarly. HN-2-B: Allow smaller lot sizes in zoning regulations. • Smaller lots in neighborhood transect zones (example: 2,500’² - 10,000’², depending on zone). • Small lot subdivisions for detached/patio/cottage homes in the R-S3 (MDR) district. • Pocket neighborhoods as an option in conventional residential zones. HN-2-C: Pursue mechanisms that would ensure long term supply of affordable housing. • See Comprehensive Plan recommendation HN-2-B. • Large minimum T-4 or T-5 zone area in TNDs. 76 Goal/recommendationoo UDhoapproacho Naturaloresourceso NR-2-A: Establish buffers between development activities and large contiguous sensitive/protected areas. • Unified sensitive area setback requirements including stream/riparian areas, Unique Natural Areas (UNAs), Critical Environmental Areas (CEAs), and conservation easements • Preservation of Important Bird Areas (IBAs) and (DEC/TNC) Natural Heritage Sites. NR-2-B: Focus development in urbanizing areas to prevent habitat fragmentation. • Zoning follows the future land use/character district map. NR-2-D : Tree preservation regulations • Tree preservation requirements in landscaping regulations. NR-5-B: Encourage use of native species in landscaping. • Landscaping regulations that count only native and adapted species towards plant material requirements. • Invasive/exotic plant ban. NR-6-A: Low impact development, light imprint development, and green infrastructure standards. • LID in suburban/rural areas • Light imprint in TND and pocket neighb orhoods. NR-6-H: Wetland protection regulations, emphasis on areas not addressed by state or federal laws. • Sensitive area setback requirements. • Stormwater regulations that consider natural features. NR-7-C: Adopt development standards to protect scenic resources. • See Comprehensive Plan recommendation LU-1-B, LU-1-K. NR-8-A: Regulate outdoor wood burning. • Outdoor wood boiler regulations in use regulations. NR-8-B: Regulate air quality impacts from industrial operations. • Performance standards in use regulations. NR-9-B: Performance/design standards to address noise pollution. • Measurable performance standards in use regulations. • Buffering, setback, and other conditional requirements for noisy primary and accessory uses (auto body shops, gas stations, etc.). Goal/recommendationoo UDhoapproach Energyoandoclimateoprotectiono EC-7-C: Plant shade trees. • Minimum canopy and street tree planting requirements in landscaping regulations. Goal/recommendationoo UDhoapproacho Agricultureo AG-1-B: Spatial and vegetative buffers between non-farm dwellings in agricultural zone and agricultural activities. • Deeper setbacks in AG zone. • Lot siting requirements considering prime agricultural soils, agricultural activity areas. AG-1-C: Vegetative buffers on non-agricultural land to shield from farming (dust, pesticides). • Tree preservation requirements include windbreaks. • Landscaping regulations requiring windbreaks, shelterbelts, living fences. AG-2-A: Review/revise regulations regarding agricultural structures. • Harmonization with NYS Ag & Markets regulations. • Agritourism and value-added operation building regulations to keep agricultural use and character dominant. AG-3-A: Better accommodate farm stands, year-round farm markets, greenhouses and value-added product operations. • Use regulations allowing a broader range of agritourism and value- added operations at working farms, small garden stands and CSA pickup locations in residential areas. AG-3-B: Require community gardens in new development. • Neighborhood design standards have garden location, size, and design requirements. • Stormwater regulations allow gardens as an SMP. • Community gardens defined as a civic space type in TNDs. AG-4-C: Encourage household food production. • Landscaping regulations allowing food gardens and raised beds, including front yards. o 77 Goal/recommendationoo UDhoapproacho Parksoandorecreationo RE-1-E: Allow required park setasides to be met in different ways. RE-1-F: Require new parks to be amassed into meaningful spaces, functionally part of the public realm. • Park location and siting requirements in neighborhood design standards. • Park location fronting on streets, not backing onto rear yards. RE-2-A: Recreational opportunities near residences and workplaces. • Park location and siting requirements in neighborhood design standards. • Park proximity requirements for TNDs. Goal/recommendationoo UDhoapproacho Transportationo TR-2-A: Control traffic speed through road design standards, traffic calming, and street diets. Incorporate low-speed designs when reconstructing roads. • Neighborhood design standards have low-speed road design requirements, more urban standards (curbs, sidewalks, and tree lawns over shoulders and ditches), narrower roads. • No arterial-style lane marking on residential neighborhood or subdivision roads. • Guidelines for street diet retrofits. TR-2-D: Context sensitive approach for road planning and design. • Context-sensitive road design standards for Town and private roads. • Encourage context-sensitive design for state and county roads. TR-2-G: Road networks in new developments to follow TND principles. • Neighborhood design standards include road connectivity, complete streets, block perimeter, and alley requirements. TR-3-D: Access management requirements that are compatible with County and State standards. • Access management standards that meet or exceed county and state standards. • Strict curb cut limits in TNDs, arterial roads, and exurban and rural areas prone to frontage subdivision. • Actions to trigger closing redundant curb cuts. TR-4-C: Require developers to dedicate ROW, construct portions of proposed collector roads. • Official map showing proposed collector roads. • Official map showing all proposed roads when a neighborhood regulating plan is approved. TR-5-B: Support establishment of community/regional pedestrian/bicycle facilities. • Road design templates include profiles with bike lanes. • Street diet guidelines include adding bike lanes. TR-6-A: Design streets using Complete Streets principles. • Neighborhood design standards require sidewalks in all but rural areas, and bike lanes on collector and arterial roads. • Complete Streets requirements following Town of Ithaca Complete Streets policy, and best street design practice. TR-6-B: Neighborhood design that reduces automobile dependence. • Minimum density at a level making public transportation viable (7 units/acre and up) in new neighborhoods. • Complete Streets requirements. TR-6-E: Evaluate parking requirements to reduce excessive pavement, other uses of paved areas. • Reduced parking requirements for various uses; more so in TND areas. Include maximum parking requirements. • On-street parking in TNDs, count in parking space= requirements. • Shared parking requirements for neighboring uses with different peak parking times. • Context- and use-sensitive pavement requirements (ex: hard surface required in urban/suburban areas, loose surface acceptable in exurban/rural areas). • Parking lot landscaping requirements: landscape islands, rain gardens, canopy trees. 78 Goal/recommendationoo UDhoapproacho hommunityoserviceso CS-2-D: Update Town’s Zoning Code to reflect fire code changes. • Road and site planning requirements harmonize with Fire Service Features section of the Fire Code of New York State. Goal/recommendationoo UDhoapproacho Economicodevelopmento ED-1-C: Streamline development review, land use regulations. • Keep it simple. • Least complicated review and permitting procedures possible, consistent with state law requirements and the need to ensure effective project review. • Administrative and by-right approval where possible. • Separate Planning Board and Zoning Board powers. • Standard administrative review, minor review (combined or one step preliminary/final) and major review (separate or two step preliminary and final) processes. • Standards that are prescriptive, not open-ended or discretionary. • Reveal interpretations and shadow laws. • Don’t tie the UDC down to interpretations of old laws. o 79 CHAPTER 4 | COCEPTUAL UC OUTLE hhaptero1o|oIntroductiono §270-100 Title §270-102 Purpose §270-104 Authority §270-106 Applicability §270-108 Former planning regulations §270-110 Severability §270-112 Code approacho o hhaptero2o|oZoningoooo §270-200 General §270-202 Base zone and overlay summary §270-204 Conventional zones §270-206 Traditional neighborhood overlays and transect zones §270-208 Institutional overlay transect zones §270-210 Planned development zones §270-212 Historic overlays §270-214 Planned development overlays §270-216 Zoning mapso o hhaptero3o|oNeighborhoodoandosubdivisionodesigno §270-300 General §270-302 Development types §270-304 Lot types §270-306 Standards for all development types §270-308 Standards for conventional development §270-310 Standards for cluster development §270-312 Standards for pocket neighborhood development §270-314 Standards for traditional neighborhood development §270-316 Standards for institutional development §270-318 Standards for mobile home park developmento o hhaptero4o|oSiteoandobuildingodevelopmentoandodesigno §270-400 General §270-402 Building and structure placement and arrangement §270-404 Site design §270-406 Architecture §270-408 Buffers §270-410 Landscaping §270-412 Fences and walls §270-414 Circulation and parking §270-416 Signs §270-418 Outdoor lighting §270-420 Docks §270-422 Utilities §270-424 Other site features §270-426 Use-specific standardso o hhaptero5o|oEnvironmentalocontrolso §270-500 General §270-502 Steep slopes §270-504 Stormwater management §270-506 Tree protection hhaptero6o|oUseso o §270-600 General §270-602 Allowed use summary §270-604 Principal uses §270-606 Utility, infrastructure, and communication uses §270-608 Temporary and intermittent uses §270-610 Accessory uses and single-purpose structures §270-612 Performance standards hhaptero7o|oHistoricopreservationo[future provision] hhaptero8o|oNonconformitiesoandovestedorightso §270-800 General §270-802 Nonconformities §270-804 Vested rights hhapteroo9o|oPlanningoactionsoandoapprovalso §270-900 General §270-902 Planning action summary §270-904 Common procedures §270-906 Zoning actions §270-908 Master planning actions §270-910 Subdivision actions §270-912 Site development actions §270-914 Appeal and adjustment actions hhaptero10o|oEnforcingotheoUDho §270-1000 General §270-1002 Authority §270-1004 Violations §270-1006 Investigation and action §270-1008 Violation notice §270-1010 Remedies and enforcement powers §270-1012 Persons subject to penalties §270-1014 Appeals hhaptero11o|oInterpretingotheoUDho §270-1100 General §270-1102 Interpretation process §270-1104 Interpreting regulations §270-1106 Interpreting measurement §270-1108 Interpreting words and terms o 81 CHAPTER 5 | ZOG RESOURCES Zoning/developmentocodeodiagnosticoreportso • Arlington, Texas http://landuselaw.wustl.edu/ordinances/arlington_diagnosis_public_review_draft.pdf • Aurora, Colorado https://www.auroragov.org/DoingBusiness/CityPlanning/ZoningCodeUpdate/020592 • Austin, Texas http://www.austintexas.gov/sites/default/files/files/Planning/CodeNEXT/Austin_CodeDiagnosis_PublicDraft_web_050514.pdf • Daytona Beach, Florida http://www.newcodedaytonabeach.us/a/pdf/Daytona_Diagnosis_Annotated%20Outline.pdf • Los Angeles, California http://recode.la/zoning-code-evaluation-report • Madison, Wisconsin http://www.cityofmadison.com/neighborhoods/zoningrewrite/documents/ZAReport2.pdf • Raleigh, North Carolina http://www.glenwoodagency.com/resources/diagnostic-approach-report.pdf • Roswell, Georgia http://www.roswellgov.com/DocumentCenter/Home/View/2709 • Syracuse, New York http://www.syrgov.net/ReZoneSyracuse.aspx • Union County, North Carolina http://www.co.union.nc.us/Portals/0/Planning/Documents/Land%20Use%20Ordinance%20Rewrite- Concepts%20and%20Directions%20Report.pdf • Zebulon, North Carolina http://townofzebulon.org/uploads/Zebulon%20Diagnostic%20Report.pdf Zoning/developmentocodeorewriteoprojectso • Amherst, New York: Imagine Amherst http://imagineamherst.com • Buffalo, New York: Buffalo Green Code http://www.buffalogreencode.com • Carbondale, Colorado: Unified Development Code http://carbondaleudc.com • Daytona Beach, Florida: New Code Daytona Beach http://www.newcodedaytonabeach.us • Indianapolis, Indiana: Indy Rezone http://www.indyrezone.org • Los Angeles, California: re:code LA http://recode.la • Miami, Florida: Miami 21 http://www.miami21.org • Salem, Oregon: Salem Code Cleanup http://salemcodecleanup.net • Washington, District of Columbia: Zoning Regulations Review http://zoningdc.org 82 hontemporaryozoning/developmentocodeso • Babylon, New York: Downtown Wyandanch Form-Based Code http://formbasedcodes.org/content/uploads/2014/01/wyandanch-straight-path-corridor-fbc.pdf • Birmingham, Michigan: Zoning Ordinance http://www.bhamgov.org/document_center/Planning/zoningordinance.pdf • Bluffton, South Carolina: Unified Development Ordinance http://www.townofbluffton.sc.gov/Documents/izone.pdf • Brattleboro (town), Vermont: Land Use and Development Regulations http://tinyurl.com/j98nmln • Buffalo, New York: Unified Development Ordinance http://www.buffalogreencode.com/Components/BuffaloUDO_Public_Review_Draft.pdf • Clifton Park, New York: Form-Based Development Code http://www.cliftonpark.org/wp-content/uploads/2014/06/Clifton-Park-Town-Center-Form.pdf • Cincinnati, Ohio: Land Development Code http://www.cincinnati-oh.gov/planning/zoning/view-the-draft-land-development-code/ • Hutto, Texas: Unified Development Code http://www.huttotx.gov/DocumentCenter/Home/View/1894 • Malta, New York: Downtown Malta Form-Based Code http://www.malta-town.org/ArchiveCenter/ViewFile/Item/196 • New Albany, Ohio: Urban Center Code http://www.newalbanyohio.org/wp-content/uploads/2011/03/Urban-Center-Code.pdf • Olean, New York: Downtown Form-Based Code http://www.cityofolean.org/commdev/pdf/Olean-FBC-2015-12-30.pdf • Raleigh, North Carolina: Unified Development Ordinance http://www.raleighnc.gov/content/extra/Books/PlanDev/UnifiedDevelopmentOrdinance/ • San Marcos, California: Form-Based Code http://www.san-marcos.net/Modules/ShowDocument.aspx?documentid=3660 • SmartCode (open source model/template for a form/transect-based code) http://transect.org/codes.html • Williamsville, New York: Mixed Use Design Standards, Historic Landmark Design Standards, Neighborhood Mixed Use Design Standards, Multiple Dwelling Residential Design Standards http://www.walkablewilliamsville.com/code.html Articlesoandoguideso • Chicago Metropolitan Agency for Planning: Form-Based Codes - A Step-by-Step Guide For Communities http://landuselaw.wustl.edu/articles/A%20Form%20Based%20Code%20Guide.pdf • Congress for the New Urbanism: Updating the Zoning Code - Issues and Considerations https://www.cnu.org/sites/files/zoning_primer.pdf • Duany Plater-Zyberk and Company – Light Imprint New Urbanism: A Case Study Comparison http://www.cnu.org/sites/files/Light%20Imprint%20NU%20Report-web.pdf • International City/County Management Association: Creating a Regulatory Blueprint for Healthy Community Design - A Local Government Guide to Reforming Zoning and Land Development Codes http://bookstore.icma.org/freedocs/Active%20Living%20Code%20Reform.pdf • James A Coon Local Government Technical Series: Creating the Community You Want – Municipal Options for Land Use Control http://www.dos.ny.gov/lg/publications/Creating_the_Community_You_Want.pdf • James A Coon Local Government Technical Series: Guide to Planning and Zoning Laws of New York State http://www.dos.ny.gov/lg/publications/Guide_to_Planning_and_Zoning_Laws.pdf • James A Coon Local Government Technical Series: Questions for the Analysis and Evaluation of Existing Zoning Regulations http://www.dos.ny.gov/lg/publications/Evaluating_Zoning.pdf o 83 • James A Coon Local Government Technical Series: Subdivision Review in New York State http://www.dos.ny.gov/lg/publications/Subdivision_Review_in_NYS.pdf • James A Coon Local Government Technical Series: Zoning and the Comprehensive Plan http://www.dos.ny.gov/lg/publications/Zoning_and_the_Comprehensive_Plan.pdf • James A Coon Local Government Technical Series: Zoning Board of Appeals http://www.dos.ny.gov/lg/publications/Zoning_Board_of_Appeals.pdf • Local Government Commission: Building Better Communities - A Policy-Maker’s Guide to Infill Development http://lgc.org/wordpress/docs/freepub/community_design/guides/blc_infill_dev_guidebook_2001.pdf • Local Government Commission: Form-Based Codes Factsheet http://lgc.org/wordpress/docs/freepub/community_design/fact_sheets/form_based_codes.pdf • Michigan Association of Planners: Form-Based Codes – New Approach to Zoning https://www.mml.org/pdf/map_article_issue28.pdf • Queensland (Australia) Department of Local Government and Planning – Next Generation Planning http://www.dsdip.qld.gov.au/resources/guideline/ngp-handbook.pdf • Regional Plan Association: Form-Based Codes in New Jersey – Issues and Opportunities http://www.state.nj.us/state/planning/publications/190-form-based-codes.pdf • Sacramento Area Council of Governments – Form-Based Code Handbook http://www.sacog.org/projects/form-based-codes.cfm o o o o o o o