HomeMy WebLinkAbout2003 Zoning OrdinanceTOWN OF ITHACA
ZONING ORDINANCE
December 8, 2003
fD) J m m n· w m rn1
lJl) NOV 2 1 2003 ~
AnEST~--=-=~~=o--ITHACA TOWN CLE'1K
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
TOWN OF ITHACA
ZONING ORDINANCE
TABLE OF CONTENTS
ARTICLE I TITLE
Section 100 -TITLE
ARTICLE II PURPOSE
Section 200 -PURPOSE
ARTICLE III INTERPRETATION AND DEFINITIONS
Section 300-INTERPRETATION OF MEANINGS
Section 301-CONTROLLING REGULATION
Section 302 -DEFINED TERMS
ARTICLE IV ESTABLISHMENT OF ZONES
Page
1
1
1
2
2
Section 400-ZONES 14
Section 401 -CONTINUATION OF SPECIAL LAND USE DISTRICTS 15
Section 402-ZONE BOUNDARIES 15
Section 403 -PROHIBITION OF USES 16
ARTICLE V CONSERVATION ZONES
Section 500-PURPOSE 16
Section 501 -PERMITTED PRINCIPAL USES 17
Section 502 -PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY 18
Section 503 -ADDITIONAL REQUIREMENTS FOR SPECIAL PERMIT 18
Section 504-PERMITTED ACCESSORY BUILDINGS OR USES 19
Section 505 -ACCESSORY BUILDINGS AND USES AUTHORIZED BY
SPECIAL APPROVAL ONLY 19
Section 506 -HEIGHT LIMITATIONS 20
Section 507-YARD REGULATIONS 20
Section 508 -LOT COVERAGE 21
Section 509-SIZE AND AREA OF LOT 21
Section 510-CLUSTERING 21
Section 511 -PARKING 22
Section 512-ADDITIONAL REQUIREMENTS AND RESTRICTIONS 22
Section 513-PARK AND RECREATION SET-ASIDES AND FEES IN
LIEU THEREOF 24
Section 514 -SITE PLAN APPROVAL 24
1
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
ARTICLE VI AGRICULTURAL ZONES
Section 600 -PURPOSE 24
Section 601-PERMITTED PRINCIPAL USES 25
Section 602 -PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT
ONLY 26
Section 603 -PRINCIPAL USES AUTHORIZED BY SPECIAL APPROVAL
ONLY 28
Section 604-PERMITTED ACCESSORY BUILDINGS AND USES 29
Section 605 -ACCESSORY BUILDINGS AND USES AUTHORIZED
BY SPECIAL APPROVAL ONLY 29
Section 606-HEIGHT LIMITATIONS 30
Section 607 -YARD REGULATIONS 31
Section 608 -BUILDING AREA 32
Section 609 -SIZE AND AREA OF LOT 32
Section 610-DENSITY LIMITATIONS AND LIMITATIONS ON
SUBDNISION OF PARENT TRACTS 32
Section 611-PARKING 33
Section 612-ADDITIONAL SPECIAL REQUIREMENTS 33
Section 613 -SITEPLAN APPROVAL 34
Section 614-RIGHT TO FARM 34
ARTICLE VII LAKEFRONT RESIDENTIAL ZONES
Section 700 -PURPOSE 34
Section 701-PERMITTED PRINCIPAL USES 34
Section 702 -PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY 35
Section 703 -PERMITTED ACCESSORY STRUCTURES AND USES 35
Section 704-ACCESSORY BUILDINGS AND USES AUTHORIZED BY
SPECIAL APPROVAL ONLY 36
Section 705 -ACCESSORY STRUCTURES AND USES AUTHORIZED
BY SPECIAL PERMIT ONLY 36
Section 706-HEIGHT LIMITATIONS 39
Section 707-YARD REGULATIONS 39
Section 708 -BUILDING AREA 40
Section 709 -SIZE AND AREA OF LOT 40
Section 710-SPECIAL PROPERTIES 41
Section 711 -PARKING
Section 712-SPECIAL REQUIREMENTS
ARTICLE VIII LOW DENSITY RESIDENTIAL ZONES
41
41
Section 800-PURPOSE 41
Section 801-PERMITTED PRINCIPAL USES 42
Section 802 -PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT
ONLY 42
Section 803 -PERMITTED ACCESSORY BUILDINGS AND USES 43
11
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
Section 804 -ACCESSORY BUILDINGS AND USES AUTHORIZED BY
SPECIAL APPROVAL ONLY 44
Section 805 -ACCESSORY BUILDINGS AND USES AUTHORIZED BY
SPECIAL PERMIT ONLY 45
Section 806-HEIGHT LIMITATIONS 45
Section 807-YARD REGULATIONS 45
Section 808 -BUILDING AREA 46
Section 809-SIZE AND AREA OF LOT 46
Section 810-SPECIAL PROPERTIES 46
Section 811-PARKING 47
ARTICLE IX MEDIUM DENSITY RESIDENTIAL ZONES
Section 900-PURPOSE 47
Section 901-PERMITTED PRINCIPAL USES 47
Section 902 -PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY 4 7
Section 903 -PERMITTED ACCESSORY BUILDINGS AND USES 48
Section 904-ACCESSORY BUILDINGS AND USES AUTHORIZED BY
SPECIAL APPROVAL ONLY 49
Section 905-HEIGHT LIMITATIONS 50
Section 906-YARD REGULATIONS 50
Section 907-BUILDING AREA 51
Section 908 -SIZE AND AREA OF LOT 51
Section 909-SPECIAL PROPERTIES 51
Section 910-PARKING 51
ARTICLE X HIGH DENSITY RESIDENTIAL ZONES
Section 1000 -PURPOSE 51
Section 1001-PERMITTED PRINCIPAL USES 51
Section 1002 -PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT
ONLY 52
Section 1003-PERMITTED ACCESSORY BUILDINGS AND USES 53
Section 1004-ACCESSORY BUILDINGS AND USES AUTHORIZED
BY SPECIAL APPROVAL ONLY 53
Section 1005-HEIGHT LIMITATIONS 54
Section 1006-YARD REGULATIONS 54
Section 1007 -BUILDING AREA 54
Section 1008 -SIZE AND AREA OF LOT 54
Section 1 009 -SPECIAL PROPER TIES 55
Section 1010-PARKING 55
ARTICLE XI MOBILE HOME PARK ZONES
Section 11 00 -PURPOSE
Section 1101 -MINIMUM AREA
Section 1102 -PERMITTED PRINCIPAL USES
11l
55
55
55
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
Section 1103 -PRINCIPAL USES AUTHORIZED BY SPECIAL
PERMIT ONLY 56
Section 1104-PERMITTED ACCESSORY USES 56
Section 1105 -ACCESSORY BUILDINGS AND USES AUTHORIZED
BY SPECIAL APPROVAL ONLY 56
Section 1106-HEIGHT LIMITATIONS 57
Section 1107 -YARD REGULATIONS 57
Section 1108-BUILDING AREA 57
Section 1109-LOT AREA 57
Section 1110-SPECIAL REQUIREMENTS 58
Section 1111 -SITE PLAN APPROVALS 59
ARTICLE XII MULTIPLE RESIDENCE ZONES
Section 1200-PURPOSE 59
Section 1201-PERMITTED PRINCIPAL USES 60
Section 1202 -PERMITTED ACCESSORY BUILDINGS AND USES 60
Section 1203 -PRINCIPAL USES AUTHORIZED BY SPECIAL
PERMIT ONLY 61
Section 1204 -ACCESSORY BUILDINGS AND USES AUTHORIZED
BY SPECIAL APPROVAL ONLY 61
Section 1205 -MINIMUM AREA FOR MULTIPLE RESIDENCE ZONE 61
Section 1206-HEIGHT LIMITATIONS 61
Section 1207-YARD REGULATIONS 61
Section 1208 -BUILDING AREA 62
Section 1209 -MINIMUM USEABLE OPEN SPACE 62
Section 1210-SIZE AND AREA OF LOT 62
Section 1211-PARKING 62
Section 1212-ADDITIONAL SPECIAL REQUIREMENTS 62
Section 1213 -SITE PLAN APPROVAL 63
ARTICLE XIII COMMERCIAL ZONES GENERALLY
Section 1300-PURPOSE
Section 1301-PERMITTED ACCESSORY USES
Section 1302 -MINIMUM AREA FOR COMMERCIAL ZONE
Section 1303-HEIGHT LIMITATIONS
Section 1304-YARD REGULATIONS
Section 1305 -BUILDING AREA
Section 1306-MINIMUM USEABLE OPEN SPACE
Section 1307-SIZE AND AREA OF LOT
Section 1308 -PARKING
Section 1309 -ADDITIONAL SPECIAL REQUIREMENTS
Section 1310-DRIVE-THROUGH OPERATIONS
Section 1311 -SITE PLAN APPROVAL
lV
64
64
65
65
65
65
65
65
66
66
67
67
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
ARTICLE XIV NEIGHBORHOOD COMMERCIAL ZONES
Section 1400-PURPOSE
Section 1401-PERMITTED PRINCIPAL USES
Section 1402 -PRINCIPAL USES AUTHORIZED BY SPECIAL
PERMIT ONLY
Section 1403 -MAXIMUM BUILDING SIZE
ARTICLE XV OFFICE PARK COMMERCIAL ZONES
Section 1500 -PURPOSE
Section 1501-PERMITTED PRINCIPAL USES
Section 1502 -PRINCIPAL USES AUTHORIZED BY SPECIAL
PERMIT ONLY
Section 1503 -ADDITIONAL PERMITTED ACCESSORY USES
ARTICLE XVI COMMUNITY COMMERCIAL ZONES
Section 1600 -PURPOSE
Section 1601-PERMITTED PRINCIPAL USES
Section 1602-PRINCIPAL USES AUTHORIZED BY SPECIAL
PERMIT ONLY
ARTICLE XVII VEHICLE FUELING AND REPAIR COMMERCIAL ZONES
Section 1700 -PURPOSE
Section 1701 -PERMITTED PRINCIPAL USES
Section 1702 -PRINCIPAL USES AUTHORIZED BY SPECIAL
PERMIT ONLY
ARTICLE XVIII LAKEFRONT COMMERCIAL ZONES
Section 1800 -PURPOSE
Section 1801 -PERMITTED PRINCIPAL USES
Section 1802 -PRINCIPAL USES AUTHORIZED BY SPECIAL
PERMIT ONLY
Section 1803 -ACCESSORY USE AUTHORIZED BY SPECIAL
PERMIT ONLY
ARTICLE XIX LIGHT INDUSTRIAL ZONES
67
67
68
69
70
70
70
71
71
71
72
73
73
74
74
74
74
75
Section 1900-PURPOSE 75
Section 1901-PERMITTED PRINCIPAL USES 75
Section 1902-ADULT ENTERTAINMENT USES AUTHORIZED BY
SPECIAL APPROVAL ONLY 75
Section 1903 -PERMITTED ACCESSORY BUILDJNGS AND USES 76
Section 1904 -MINIMUM AREA FOR A LIGHT INDUSTRIAL ZONE 77
Section 1905 -HEIGHT LIMITATIONS 77
Section 1906-YARD REGULATIONS 77
Section 1907-BUILDING AREA 78
Section 1908 -MINIMUM USEABLE OPEN SPACE 78
v
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
Section 1909 -SIZE AND AREA OF LOT
Section 1910-PARKING
Section 1911 -ADDITIONAL SPECIAL REQUIREMENTS
Section 1912 -PERFORMANCE STANDARDS
Section 1913 -SITE PLAN APPROVAL
ARTICLE XX INDUSTRIAL ZONES
. Section 2000 -PURPOSE
Section 2001 -PERMITTED PRINCIPAL USES
Section 2002 -PROHIBITED USES
Section 2003 -PERMITTED ACCESSORY BUILDINGS AND USES
Section 2004 -PLACEMENT OF ACCESSORY STRUCTURES
Section 2005 -MINIMUM AREA FOR AN INDUSTRIAL ZONE
Section 2006 -HEIGHT LIMITATIONS
Section 2007 -YARD REGULATIONS
Section 2008 -BUILDING AREA
Section 2009 -MINIMUM USEABLE OPEN SPACE
Section 2010-SIZE AND AREA OF LOT
Section 2011 -PARKING
Section 2012 -ADDITIONAL SPECIAL REQUIREMENTS
Section 2013-PERFORMANCE STANDARDS
Section 2014-SITE PLAN APPROVAL
ARTICLE XXI PLANNED DEVELOPMENT ZONES
78
78
78
78
80
80
80
80
81
81
81
82
82
82
82
82
82
83
83
83
Section 2100 -PURPOSE 83
Section 2101 -ESTABLISHMENT AND LOCATION 84
Section 2102-PERMITTED PRINCIPAL AND ACCESSORY USES 84
Section 2103 -ADDITIONAL REQUIREMENTS 84
Section 2104 -MINIMUM AREA FOR A PLANNED DEVELOPMENT
ZONE 84
Section 2105 -YARD AND OTHER REGULATIONS 84
Section 2106 -SITE PLAN APPROVAL 84
ARTICLE XXII PROCEDURES FOR CREATION OF NEW ZONES
Section 2200 -ZONES TO WHICH APPLICABLE 85
Section 2201 -GENERAL PROVISIONS 85
Section 2202 -PROCEDURES FOR CREATION OF ZONE 85
ARTICLE XXIII SITE PLAN REVIEW AND APPROVAL PROCEDURES
Section 2300 -PURPOSE 87
Section 2301 -REQUIREMENT PRECEDING ISSUANCE OF A BUILDING
PERMIT OR CERTIFICATE OF OCCUPANCY 87
Section 2302 -APPLICABILITY 87
Section 2303 -PROCEDURE 88
Section 2304 -SITE PLAN REQUIREMENTS 89
Vl
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
Section 2305 -WANER OF REQUIREMENTS 94
Section 2306 -CONSIDERATIONS FOR APPROVAL 94
Section 2307-LIMITATIONS ON CONSTRUCTION 95
Section 2308 -RESERVATION OF PARKLAND ON SITE PLAN
CONTAINING RESIDENTIAL UNiTS 95
Section 2309 -MODIFICATIONS OF SITE PLANS 95
Section 2310 -LETTER OF CREDIT 97
Section 2311 -COMPLETION OF IMPROVEMENTS 97
Section 2312 -EXPIRATION OF SITE PLAN APPROVAL 97
ARTICLE XXIV SPECIAL PERMITS AND SPECIAL APPROVALS
Section 2400 -PURPOSE 98
Section 2401 -REQUIREMENT PRECEDING ISSUANCE OF A BUILDING
PERMIT OR CERTIFICATE OF OCCUPANCY 98
Section 2402 -APPLICABILITY 98
Section 2403 -PROCEDURE 99
Section 2404 -WANER OF REQUIREMENTS 100
Section 2405-CONSIDERATIONS FOR APPROVAL 100
Section 2406-MODIFICATIONS OF SPECIAL PERMITS OR
SPECIAL APPROVALS 101
Section 2407-EXPIRATION OF SPECIAL PERMIT OR SPECIAL
APPROVAL 101
ARTICLE XXV NON-CONFORMING USES
Section 2500 -NONCONFORMING LOTS OF RECORD 102
Section 2501 -NONCONFORMING USES OF LAND 102
Section 2502-NONCONFORMING STRUCTURES 103
Section 2503 -NONCONFORMING USES OF STRUCTURES 103
Section 2504 -INTERRUPTION OF NONCONFORMING USE 104
Section 2505 -SINGLE FAMILY DWELLINGS ON NONCONFORMING
LOTS 104
Section 2506-CONTINUATION OF CONSTRUCTION 104
Section 2507-ALTERATIONS IN USE 105
Section 2508-RESTORATION 105
Section 2509-BOARD OF APPEALS DETERMINATION 105
Section 2510 -VARIANCE CRITERIA 106
Section 2511 -AMORTIZATION OF CERTAIN NONCONFORMING USES
RELATING TO PRE-1991 RESIDENTIAL OCCUPANCIES 106
ARTICLE XXVI SPECIAL REGULATIONS
Section 2600 -MOBILE HOMES AND TRAILERS 107
Section 2601-ELDER COTTAGES 107
Section 2602 -EXTRACTION OR DEPOSIT OF FILL AND
RELATED PRODUCTS 112
Vll
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
Section 2603-LIMITATIONS ON VEHICLE REPAIR GARAGES
AND GASOLINE SALES STATIONS 115
Section 2604-TELECOMMUNICATIONS FACILITIES 115
ARTICLE XXVII GENERAL PROVISIONS
Section 2700 -BUILDING FLOOR AREA 125
Section 2701 -SIDE YARD ON CORNER LOT 125
Section 2702 -PORCHES AND CARPORTS 125
Section 2703 -FENCES AND WALLS 125
Section 2704 -PROJECTIONS IN YARDS 125
Section 2705 -REDUCTION OF LOT AREA 125
Section 2706 -MORE THAN ONE BUILDING ON A LOT 125
Section 2707 -PARKING FACILITIES 126
Section 2708 -APPROVAL OF COUNTY HEALTH DEPARTMENT 131
Section 2709 -ABANDONED CELLAR HOLES AND BUILDINGS 131
Section 2710-AGRICULTURAL LANDS IN COUNTY AGRICULTURAL
DISTRICTS 131
ARTICLE XXVIII ADMINISTRATION
Section 2800 -ENFORCEMENT 132
Section 2801 -APPLICATIONS FOR APPROVALS, REMEDIES OR RELIEF 132
Section 2802 -PERMIT TO BUILD 132
Section 2803-CERTIFICATE OF OCCUPANCY 134
Section 2804 -ZONING BOARD OF APPEALS 134
Section 2805 -PLANNING BOARD 136
Section 2806-POSTING OF NOTICES 138
Section 2807-ENTRY AND INSPECTION 140
Section 2808-VIOLATIONS AND PENALTIES 140
Section 2809-AMENDMENTS 140
Section 2810-VALIDITY 140
Section 2811 -EXISTING ZONING ORDINANCE AMENDED, RE-
ADOPTED AND RE-ENACTED 140
Section 2812-FEES 140
Section 2813-WHEN EFFECTIVE 141
Section 2814 -TRANSITION PROVISIONS 141
Vlll
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
ARTICLE I: TITLE
Section 100-TITLE. This law shall be known as the "Town oflthaca Zoning Ordinance"
whether adopted as an ordinance or local law. Hereinafter, this law is sometimes referred to as "this
Ordinance".
ARTICLE II: PURPOSE
Section 200-PURPOSE. This law is adopted pursuant to the laws of the State ofNew York
in order to protect and promote the health, safety and welfare of the community. Among other
purposes this law is intended to prevent the overcrowding oflands, to avoid undue concentration of
population, to facilitate the adequate provisions of transportation, water, sewage disposal, schools,
parks, and other public requirements, to consider the value of property, and to establish zones in
which regulations concerning the use oflands and structures, the density of development, the amount
of open space that must be maintained, size ofyards, the provision of parking and control of signs,
.and other provisions will be set forth to encourage the most appropriate development of the Town
in accordance with the Comprehensive Land Use Plan of the Town oflthaca as the same may be
amended and updated by the Town.
ARTICLE III: INTERPRETATION AND DEFINITIONS.
Section 300-INTERPRETATION OF MEANINGS. For the purposes of this Ordinance
certain terms and words shall be interpreted as follows:
1. Unless otherwise specifically defined herein or otherwise indicated, all words used in this
Ordinance shall carry their customary meanings.
2. Words used in the present tense include the future.
3. The plural usage includes the singular.
4. The word "shall" is mandatory.
5. The word "may" is permissive.
6. The word "lot" includes the word "plot" or "parcel".
7. The words "occupied" or "used" shall be considered as though followed by the words "or
intended, arranged, or designed to be used or occupied".
8. The words "he", or "she" includes the opposite gender and in both instances includes the
word "it".
1
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
Section 301 -CONTROLLING REGULATION. Where provisions of this Ordinance
impose greater restrictions than those of any statute, other ordinance, law, or regulation, the
provisions of this Ordinance shall be controlling. When the provisions of any statute, other
ordinance, law, or regulation impose greater restrictions than this Ordinance, the provisions of such
other statute, ordinance, law, or regulation shall be controlling.
Section 302-DEFINED TERMS. For the purpose of this Ordinance certain words and
terms shall have the following meanings unless the context otherwise requires.
ADULT CARE FACILITY-An establishment for adults which provides for hire residential care
and services to adults who, by reason of choice, physical or other limitations associated with age,
physical or mental disabilities or other factors, are unable or substantially unable to live
independently or choose not to live independently. Such establishment includes an adult care facility
as defined in the New York Social Services Law whichhas received and continues to maintain a
validly issued operating permit as an adult care facility from New York State Department of Social
Services or a County Department of Social Services. Such definition also includes retirement
homes and communities which provide residences for the elderly with some supportive services.
ADULT DAY CARE FACILITY-An establishment for adults which provides for hire day care
services to adults who, by reason of physical or other limitations associated with age, physical or
mental disabilities or other factors, are unable or substantially unable to live independently without
supervision.
ADULT ENTERTAINMENT BUSINESS-A business involving one or more of the following:
(a) Adult arcades where, for any form of consideration~ one or more motion picture
projectors, slide projectors, video cassette players, computers, or similar machines,
for viewing by five or fewer persons each are used to show films, motion pictures,
video cassettes, slides, computer generated images, or other photographic
reproductions, which are characterized by emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas.
(b) Adult bookstores which have as a substantial (50% or more) portion of its stock in
trade and offers for sale, for any consideration, any one or more of the following:
(i) Books, magazines, periodicals, or other printed matter or photographs, films,
motion pictures, video cassettes, slides or other visual representations, which
are characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas, or
(ii) Instruments, devices or paraphernalia which are designed for use m
connection with specified sexual activities.
(c) Adult cabarets meaning any nightclub, bar (including establishments which do not
serve alcoholic beverages), restaurant, or similar establishment, which. regularly
2
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
features live performances characterized by exposure of specified anatomical areas
or by specified sexual activities or films, motion pictures, video cassettes, slides or
other photographic reproductions characterized by an emphasis upon the depiction
or description of specified sexual activities or specified anatomical areas.
(d) Adult motion picture theater where, for any form of consideration, films, motion
pictures, video cassettes, slides or other photographic reproductions are regularly
shown, and in which a substantial portion of the total presentation time is devoted to
the showing of material characterized by an emphasis upon the depiction or
description of specified sexual activities or specified anatomical areas.
(e) Adult theater meaning a theater, concert hall, auditorium or similar establishment
which, for any form of consideration, regularly features live performances in which
a substantial portion of the total presentation time is devoted to the exposure of
specified sexual activities or specified anatomical areas.
(f) Massage parlor where, for any form of consideration, massage, alcohol rub,
fomentation, electric or magnetic treatment or manipulation of the human body is
administered, unless by a medical practitioner, chiropractor, acupuncturist, physical
therapist, licensed massage therapist, or similar professional person licensed by the
state. This definition shall not be deemed to include an athletic club, health club,
school, gymnasium, reducing salon, spa or similar establishment where massage or
similar manipulation ofthe human body is offered as an incidental accessory service.
(g) Peep show where, for any form of consideration, persons may observe from
individual enclosures shows which regularly feature live performances characterized
by exposure of specified anatomical areas or by specified sexual activities or films,
motion pictures, video cassettes, slides, computer generated images, or other
photographic reproductions characterized by an emphasis upon the depiction or
description of specified sexual activities or specified anatomical areas.
ALTERATION-As applied to a building or structure
(a) an enlargement by increasing in height or by extending on a side, front, or back;
(b) moving from one location or position to another;
(c) any change, addition, or removal of the structural parts; or
(d) any change, addition, or removal of partitions, or any change in walls, ceiling,
windows, or doors.
The term "ALTER" in its various modes and tenses and its participial form, refers to the making of
an alteration.
3
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
BASEMENT -That space of a building that is partly below grade which has half, or more than half,
of its height, measured from floor to ceiling, above the average finished grade of the ground
adjoining the building.
BED AND BREAKFAST - A building originally built and used as a dwelling other than a hotel or
motel in which accommodations for transients are regularly offered for compensation and which
accommodations include provision of at least one meal, and in which building no more than four
bedrooms are utilized for such accommodations.
BUILDING-A structure having a roof supported by columns or by walls and intended for shelter,
housing, protection or enclosure of persons, animals or property.
BUILDING, ACCESSORY - A detached building subordinate and clearly incidental to the
principal building on the same lot and used for purposes customarily incidental to those of the
principal building.
BUILDING, PRINCIPAL - A building within which is conducted the primary uses of the lot on
which the building is located.
BUILDING AREA -The total areas taken on a horizontal plane at the main grade level of the
principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.
BUILDING CODE-The New York State Uniform Fire Prevention and Building Code (9 NYCRR
Part 600 et. seq.) as the same may be amended from time to time, and any successor regulations,
laws or codes.
BUILDING LINE-The line formed by the intersection of the vertical plane that coincides with the
most projected exterior point of a building on any side and the ground. Front, side, and rear building
lines are respectively the building lines closes to the highway right-of-way, side property line and
rear property line.
CATERER-A person or enterprise that prepares food for hire for consumption predominantly off
premises.
CELLAR-That space of a building that is partly or entirely below grade, which has more than half
of its height, measured from floor to ceiling, below the average finished grade of the ground
adjoining the building.
CHILD DAY CARE CENTER - A facility, home, or other establishment defined as a child day
care center in Section 3 90 of the Social Services Law providing child care for seven or more children
for hire licensed by the New York State Department of Social Services at which day care is provided
for hire, and which is not a school, day care home, family day care home, or group family day care
home. (See also Day Care Home, Family Day Care Home, Group Family Day Care Home.)
CLINIC -A building or any part of a building which is used for the group practice of medicine by
4
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
several physicians in which certain facilities other than reception are shared by the occupants and
in which patients are diagnosed or treated by physicians practicing as a group.
CLUBHOUSE or LODGE - A building or premises used exclusively by members of an
organization and their guests which premises or buildings are devoted to recreational or athletic
purposes, not primarily conducted for gain. It excludes commercial and merchandising activities for
other than its own membership.
COMMUNITY RESIDENCE-A facility for adult residents operated by or subject to licensure by
the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities of
the State of New York defined as a Community Residence in the Mental Hygiene Law.
DAY CARE HOME-A facility, home, or other establishment at whichday care is provided for hire
for more than three hours per day per child for no more than two children.
DOMESTIC ANIMALS-Domesticated horses, ponies, donkeys, sheep, cattle, llamas, goats, pigs,
ducks, geese, chickens, swans, turkeys, rabbits, cats, dogs, or other domesticated animals found to
be of a similar nature by the Board of Zoning Appeals, kept and maintained for personal use rather
than for commercial uses, and not generally available for sale.
DRIVE-THROUGH or DRIVE-IN FACILITY-An establishment or facility that by design of
physical facilities permits customers to receive a service or obtain a product (including food) while
remaining in a motor vehicle on the premises.
DWELLING-A building designed or used primarily as the living quarters for one or more families.
DWELLING UNIT - A dwelling, or portion of a dwelling, providing complete living facilities for
one family.
ELDER COTTAGE -A separate, detached, temporary one-family dwelling, accessory to a one or
two family dwelling on a lot erected and occupied in accordance with the provisions of Section 2601
of this Ordinance.
EQUESTRIAN FACILITY-A facility available to the public providing one or more of the
following services for compensation:
(a) Horseriding lessons.
(b) Horse training.
(c) Leasing ofhorses.
(d) Boarding ofhorses.
(e) Sale of horses other than an occasional sale of a horse owned and used solely for
5
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
personal purposes by the owner of non-commercial facility.
For the purpose of this definition, a pony or donkey shall be included in the term "horse".
FAMILY-(a) An individual, or
(b) Two or more persons occupying a single dwelling unit, related by blood, marriage,
or legal adoption, living and cooking together as a single housekeeping unit, or
(c) Two unrelated persons, occupying a single dwelling unit, living and cooking together
as a single housekeeping unit.
(d) Notwithstanding the provisions of paragraph (c) of this definition, a group of
unrelated persons numbering more than two (2) shall be considered a family upon a
determination by the Zoning Board of Appeals that the group is a functional
equivalent of a family pursuant to the standards enumerated in paragraph (f) herein.
(e) Before making a determination whether a group of more than two unrelated persons
constitutes a family for the purpose of occupying a dwelling unit, as provided for in
paragraph (d) of this definition, the Zoning Board of Appeals shall hold a public
hearing, after public notice, as is normally required for the obtaining of a variance.
The fee for such an application shall be the same as is required for an application for
a variance. Said application shall be on a form provided by the Zoning Board of
Appeals or Zoning Enforcement Officer.
(f) In making a determination under paragraph (d) the Board of Appeals shall find:
(i) The group is one which in theory, size, appearance and structure resembles .
a traditional family unit.
(ii) The group is one which will live and cook together as a single housekeeping
unit.
(iii) The group is of a permanent nature and is neither merely a framework for
transient or seasonal (including as "seasonal" a penod of an academic year or
less) living, nor merely an association or relationship which is transient or
seasonal in nature. In making this finding, the Zoning Board of Appeals may
consider, among other factors, the following:
(A) Whether expenses for preparing of food, rent or ownership costs,
utilities, and other household expenses are shared and whether the
preparation, storage and consumption of food is shared.
(B) Whether or not different members of the household have the same
address for the purposes of
6
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
(1) Voter registration.
(2) Drivers license.
(3) Motor vehicle registration.
(4) Summer or other residences.
(5) Filing oftaxes.
(C) Whether or not furniture and appliances are owned in common by all
members ofthe household.
(D) Whether or not any children are enrolled in local schools.
(E) Whether or not householders are employed in the local area.
(F) Whether or not the group has been living together as a unit for an
extended period of time, whether in the current dwelling unit or other
dwelling units.
(G) Any other factor reasonably related to whether or not the group of
persons is the functional equivalent of a traditional family.
(iv) In making determinations under this section, the Zoning Board of Appeals
shall not be required to consider the matters set forth in Section 2405 of this
Ordinance.
(g) Notwithstanding the provlSlons elsewhere provided herein, if the following
limitations result in a lesser permitted number of occupants than would be permitted
under the definition of family set forth above and the regulations of each zone set
forth later in this Ordinance, the number of occupants, related or otherwise, shall not
exceed the maximum numbers determined on the basis of habitable space of each
dwelling unit as follows:
(i) A minimum of 150 square feet ofhabitable space for the first occupant; and
(ii) 80 square feet ofhabitable space for each additional person in each dwelling
unit.
In no case shall the enclosed floor area be less than required by Section 2701ofthis
Ordinance.
Areas utilized for kitchenettes, bath, toilet, storage, utility space, closets, and other
service or maintenance space shall be excluded in determining "habitable space".
7
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
FAMILY DAY CARE HOME-A facility, home, or other establishment, defined as a family day
care home in Section 390 of the Social Services Law, at which day care is provided for hire for
generally three to six children and which is registered with the Tompkins County Department of
Social Services and is operated in accordance with the State and County regulations governing
operations of a family day care center.
FAMILY TYPE HOME FOR ADULTS -An adult care facility providing services to four or fewer
adult persons unrelated to the operator, all as defined as a family type home for adults in the New
York Social Services Law Section 2.
FARM-Any parcel of land containing at least 3 acres which is used in the raising of agricultural
products, such as crops, livestock, poultry, and dairy goods. It includes structures necessary to the
production and storage of agricultural products and equipment and on-farm buildings used for
preparation or marketing of products produced, or derived from products produced, on the farm
property on which the building is located subject to the limitations regarding road side stands set
forth in this Ordinance.
FARM RETREAT-A farm which includes facilities for room and/or board for up three people
unrelated to the owner or operator ofthefarm, which people temporarily occupy farm premises and
participate in the farming activities for the purposes of learning about farm life.
FLASHING SIGN-Any illuminated sign on which the artificial light is not maintained stationary
and/or constant in intensity and color at all times.
GARAGE -A covered building used primarily for storage of automobiles and other similar motor
vehicles,
GROUP FAMILY DAY CARE HOME-A facility, home, or other establishment defined as a
group family day care home in Section 390 of the Social Services Law, licensed by the New York
State Department of Social Services or by the Tompkins County Department of Social Services, at
which day care is provided for hire for generally seven to fourteen children and is operated in
accordance with the State and County regulations governing operations of a group family day care
home.
HEIGHT-As it relates to a structure other than a building, the distance measured from the lowest
level or portion of the structure (slab or base) in contact with the ground surface to the highest point
at the top of the structure.
HEIGHT FROM LOWEST INTERIOR GRADE -As it relates to a building, the vertical
distance measured from the surface of the lowest level (floor of a crawl space, basement floor, slab,
or other floor, even if below exterior grade level) in contact with the ground surface to the highest
point of the roof, excluding chimneys, antennae, and other similar protuberances. When the
measurement ofheight from the lowest interior grade is made from the floor of a cellar the maximum
permissible height from lowest interior grade shall be increased by four feet. This permitted increase
shall not apply when the measurement is from any other floor, including a basement floor, slab or
8
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hai; printed November 20, 2003
other floor.
HEIGHT FROM LOWEST EXTERIOR GRADE-As it relates to a building, the vertical
distance from the lowest point of the exterior finished grade adjacent to the wall of the building to
the highest point of the roof, excluding chimneys, antennae and other similar protuberances.
HOME OCCUPATION-A business customarily conducted wholly within a dwelling, or building
accessory thereto, by an owner and resident of the dwelling, which is clearly incidental and
secondary to the use of the property for residential purposes and which meets the following
additional conditions:
(a) An area of no more than 25% of the floor space of the dwelling (whether in the
dwelling or in an accessory building) or 500 square feet (whichever is less) is used
for such business;
(b) No more than two persons (full or part-time) outside the resident household, and no
more than four persons (full or part-time) including the resident household, are
employed in conducting the business;
(c) The owner and chief operating officer of the business' is an owner and full-time
resident of the property on which the business is conducted;
(d) No goods are offered for sale excepting those created, assembled, or reconditioned
completely on the property;
(e) There is no exterior display or sign except as permitted by this Ordinance or the
Town of Ithaca Sign Law, no exterior storage of materials, equipment (including
commercial vehicles), or other items of commerce, and no other exterior indication
of the home occupatiott or variation from the residential character of the lot, district
or surrounding neighborhood;
(f) No offensive noise, vibration, smoke, dust, odor, heat, glare or electronic disturbance
is produced beyond the boundary line of the property occupied by the business;
(g) The business does not generate traffic in any greater volume than would normally be
expected in a residential neighborhood, and any need for parking generated by the use
is met off the street and in accordance with any other regulation of this ordinance;
and
(h) The business or use is not detrimental to the residential character ofthe lot on which
the business is located nor of the surrounding neighborhood.
(i) The lot on which the business is operated is large enough to allow such business to
be conducted with minimal impact on the neighbors.
9
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
Home occupations typically include, but are not limited to, architects, attorneys, carpenters, caterers,
dentists, doctors, dressmakers, electricians, engineers, hairdressers, insurance brokers, plumbers,
realtors, and teachers.
HOSPICE -A building other than a hospital or nursing home where more than two terminally ill
persons are regularly lodged and furnished with meals and nursing care and which has been granted
a certificate of approval to operate as a Hospice pursuant to the Public Health Law or any successor
regulating state law.
HOSPITAL -An establishment for temporary occupation by the sick or injured for the purpose of
medical treatment licensed by the State of New York for such purposes.
HOTEL or MOTEL -A building containing rooms designed and originally planned to be rented
or hired out for living or sleeping accommodations for transient occupancy.
HOUSEHOLD PETS-Domesticated dogs, cats, birds, fish, amphibians, reptiles, mice, ferrets,
rabbits, hamsters, gerbils, and other domesticated small animals ordinarily kept as pets which eat and
sleep within a dwelling unit occupied by a family.
LOT -Any area ofland bounded by property lines which is not divided into parts by a public road,
railroad, or public utility right-of-way. Each part of an area so divided is considered an individual
lot for zoning purposes but is not exempt from applicable Subdivision Regulations.
LOT AREA-The area of a lot, excluding any portion of a public highway right of way that may be
· included within deed description of the lot.
LOT DEPTH-The distance between a point on a public highway right-of-way line and the rear of
the lot measured perpendicularly from the street line. A lot need meet the minimum depth
requirements set forth in this Ordinance at only one point and not uniformly throughout the lot's
entire width.
LOT LINE - A property boundary of a lot, except where the property boundary is the centerline or
other portion of a public highway, in which event the property line is the highway right-of-way line.
MARINA-A facility providing docking or mooring for boats together with ancillary uses such as
sale of fuels, boats and boating a parts and accessories.
MINING-The extraction of overburden and minerals from the earth; the preparation and processing
of minerals, including any activities or processes or parts thereof for the extraction or removal of
minerals from their original location and the preparation, washing, cleaning, crushing, sorting,
stockpiling or other processing of minerals at the mine location so as to make them suitable for
commercial, industrial, or construction use; the removal of such materials through sale or exchange,
or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste
at the mine location; or any one of the above activities. Mining shall not include the excavation,
10
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
removal and disposition of minerals from the site of, and incidental to, a construction project, or
excavations incidental to bona fide agricultural activities provided, however, such excavations,
removal or disposition are subject to obtaining fill permits if required as set forth in this Ordinance.
For the purpose of this definition:
(a) "Minerals" mean any naturally formed, usually inorganic, solid material located on
or below the surface of the earth. "Minerals" include, but are not limited to, peat,
topsoil, gravel, and stone.
(b) "Overburden" means all of the earth, vegetation and other materials which lie above
or alongside a mineral deposit.
(c) "Spoil" and "Tailings" have the meanings given to them by Article 23 ofthe N.Y.S.
Environmental Conservation Law or any similar or successor statute.
MIXED USE - A commercial facility with accessory residential facilities, the floor area (inclusive
of all floors on all stories dedicated to the residential use) of which residential facilities is less than
the floor area (inclusive of all floors on all stories dedicated to commercial use) of the commercial
use, and which residential facilities are located elsewhere in the building than on the street frontage
ofthe ground floor.
MOBILE HOME - A transportable dwelling unit suitable for year-round occupancy. A mobile
home is designed and built to be towed on its own chassis, comprised of frame and wheels, and
connected to either public or private utilities. The unit may contain parts which may be folded,
collapsed, or telescoped when being towed and expanded later to provide additional cubic capacity.
A mobile home may also be designed as two or more separately towable components designed to
be joined into one integral unit capable of again being separated into the components for repeated
towing. This definition excludes travel or camping trailers towed by a motor vehicle and neither
wider than 8 feet nor longer than 32 feet. Self-propelled motor homes, or modular housing which
is not built with an integral chassis and which must be transported on a separate vehicle from factory
to housing site are also excluded from this definition. A mobile home shall be considered a one
family dwelling only for purposes of determining the number of occupants permitted.
MOBILE HOME LOT - A parcel ofland used for the placement of a single mobile home and the
exclusive use of its occupants. A mobile home lot shall be located in a mobile home park as defined
by this ordinance.
MOBILE HOME PARK-A parcel ofland owned by an individual, partnership, or corporation
which has been planned and improved for the placement of mobile homes.
MOBILE HOME STAND -That part of an individual mobile home lot which has been reserved
and improved for the placement of the mobile home, appurtenant structures and additions.
MULTIPLE-FAMILY DWELLING-A building or gr:oup ofbuildings on one lot containing three
or more dwelling units.
11
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
NATURAL AREA-An area ofland designated as a Critical Environmental Area, Unique Natural
Area, or other similar environmental designation in accordance with regulations promulgated by the
New York State Department ofEnvironmental Conservation or any similar successor state agency,
or by any other federal, state, or local governmental unit, and any area specifically designated as a
Significant Natural Area by the Town Board of the Town of Ithaca after notice to the owner or
owners of the area and a public hearing on such designation.
NON-CONFORMING USE-A use ofland existing at the time of enactment of this ordinance and
its amendments which does not conform to the zoning regulations of the district in which it is
situated.
· NURSERY-A lot or structure where trees, shrubs, flowering and other plants are cultivated, grown
or stored and sold.
NURSING or CONVALESCENT HOME-A building other than a hospital where sick or infirmed
persons are lodged, furnished with meals and nursing care for hire and licensed by the State ofNew
York.
ONE-FAMILY DWELLING-A detached building containing a single dwelling unit.
PARKING SPACE -An area for the temporary parking of a motor vehicle 180 square feet in size
exclusive of the parking lot circulation areas.
PUBLIC PARKING GARAGE - A garage or other structure used for the parking of automobiles
for the public for a fee on an itinerant basis.
SEQR-Article 8 of the New York State Environmental Conservation Law, or any similar successor
statute, together with any state regulations (presently 6 NYCRR Part 617) and local regulations
promulgated thereunder.
SHORELINE -The mean high water elevation of Cayuga Lake along the shore.
SPECIFIED ANATOMICAL AREAS-The following areas of the human body:
(a) Less than completely and opaquely covered human genitals, pubic region, buttock,
and female breast below a point immediately above the top of the areola; and
(b) Human male genitals in a discernible turgid state even if completely and opaquely
covered.
SPECIFIED SEXUAL ACTIVITIES -The following activities:
(a) Human genitals in a state of sexual stimulation or arousal; or
(b) Acts of human masturbation, sexual intercourse or sodomy; or
12
Newzoneor2.December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
(c) Fondling or other erotic touching ofhuman genitals, pubic region, buttocks or female
breast.
STREET LINE or HIGHWAY RIGHT OF WAY LINE-The limit oftherightofwayofastreet,
road or highway. Where the word street appears this also means highway or road.
STORAGE-The outdoor accumulation or laying-up of manufactured products or raw materials,
or the keeping of one or more pieces of movable equipment other than pleasure automobiles.
STRUCTURE -Anything that is constructed or erected on the ground or upon another structure or
building. "Structure" also includes anything that is constructed or erected underground and projects
up to the ground surface or above, or anything that is constructed or erected wholly underground
other than utility lines, septic and water systems, or other similar types of underground construction
wholly ancillary to a principal building or structure on the premises. "Structure" also includes
constructed parking spaces. The term "structure" includes a building. There is excluded from the
term structure, however, underground graves, vaults or other underground facilities for the interment
of bodies.
TELECOMMUNICATIONS FACILITY-Any equipment, other than
(a) equipment used by amateur radio licensees regulated by the Federal Communications
Commission; or
(b) equipment that is used by a governmental unit or agency that is statutorily expressly
exempt from regulation by the Town oflthaca; or
(c) mobile equipment that is contained in a car or other motor vehicle or is completely
portable and not affixed in any manner to realty (the exception for mobile equipment
does not extend to any antenna(s) attached, directly or indirectly such as on a tower
or other structure, to realty or to other facilities used in connection with such mobile
equipment);
used in connection with the provision of two-way communication services of which at least one of
the directions of communications is wireless, including cellular telephone services, personal
communications services, private radio communications services, fire and emergency
communications, and any other private or public radio communications transmissions regulated by
the Federal Communications Commission in accordance with the Telecommunications Act of 1996
and other federal laws. Such uses shall include private commercial uses as well as public uses. A
telecommunications facility shall include monopole, guyed, or latticework tower(s), as well as
antenna(s), switching stations, principal and accessory telecommunications equipment and
supporting masts, wires, structures, and buildings.
TWO-FAMILY DWELLING-A detached building containing two dwelling units.
13
Newz?neor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, · 2003
VEHICLE REP AIR GARAGE - A facility at which the principal activity is the servicing or
repairing of motor vehicles for hire. Such facilities include but are not limited to mechanic's shops,
speedy-type oil and lubrication facilities, and muffler and brake repair facilities.
YARD -An open space on the same lot with a building, unoccupied and unobstructed from the
ground upward except as otherwise permitted herein.
YARD, FRONT-The yard between the street right of way line and the front line ofthe principal
building, exclusive of eaves which overhang by no more than four feet, extended to the side lines
ofthe lot. The depth ofthe front yard shall be measured between the front line of the building and
the highway right of way line. Covered porches, or uncovered porches more than three feet off of
the ground, shall be considered as part ofthe building and shall not project into a required front yard.
YARD, REAR -The yard between the rear lot line and the rear line of the principal building,
exclusive of overhanging eaves, extended to the side lines of the lot.
YARD, SIDE-The yard between the principal building, exclusive of overhanging eaves, and a side
lot line and extending through from the front yard to the rear yard.
ARTICLE IV: ESTABLISHMENT OF ZONES
Section 400 -ZONES. For the purpose of this ordinance the Town of Ithaca is hereby
divided into the following types of zones (also sometimes hereinafter referred to as "Districts"):
Conservation Zones
Agricultural Zones
Lakefront Residential Zones
Low Density Residential Zones
Medium Density Residential Zones
High Density Residential Zones
Mobile Home Park Zones
Multiple Residence Zones
Neighborhood Commercial Zones
Office Park Commercial Zones
Community Commercial Zones
Vehicle Fueling and Repair Commercial Zones
Lakefront Commercial Zones
Light Industrial Zones
Industrial Zones
Plam1ed Development Zones
Areas of Special Flood Hazard
Special Land Use Districts (Limited Mixed Use)
-In accordance with and pursuant to Local Law #2-1984
Special Land Use District # 1
14
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
-In accordance with and pursuant to Local Law #3-1984 [Wiggins]
Special Land Use District #2
-In accordance with and pursuant to Local Law #4-1984 [Sapsucker Woods]
Special Land Use District #3 (Limited Mixed Use)
-In accordance with and pursuant to Local Law #4-1986 [Biggs Complex]
Special Land Use District #4 (Limited Mixed Use)
-In accordance with and pursuant to Local Law# 1-1987 as amended by Local Law
#2-2002 [Statler West]
Special Land Use District #5 (Limited Mixed Use)
-In accordance with and pursuant to Local Law #2-1988 [Chamber ofComm.]
Special Land Use District #7 (Limited Mixed Use)
-In accordance with and pursuant to Local Law #1-1994 [Ithacare]
Special Land Use District #8 (Limited Mixed Use)
-In accordance with and pursuant to Local Law # 1-1995 as amended by Local Law
#4-2001 [Ecovillage]
Special Land Use District #9 (Limited Mixed Use)
-In accordance with and pursuant to Local Law #2-1996 [Cornell Precinct 7]
Special Land Use District # 1 0 (Limited Mixed Use)
-In accordance with and pursuant to Local Law #6-1998 [Sterling House/Sterling
Cottage]
Special Land Use District #11 (Limited Mixed Use)
-In accordance'with and pursuant to Local Law #7-1998 [Cornell Chilled Water
Plant]
Said districts are set forth on the map accompanying this ordinance, Town oflthaca Zoning Map (the
"Zoning Map"), dated August 25, 2003, and signed by the Town Clerk. Said map and all·
explanatory matter thereon and amendments thereto are hereby made a part ofthis ordinance.
Section 401 -CONTINUATION OF SPECIAL LAND USE DISTRICTS. The
provisions of any prior zoning ordinance or local law creating, implementing, amending, or in any
other manner dealing with any special land use district as in effect on the effective date of the
adoption of this provision shall continue in full force and effect unless expressly modified by the
terms of this Ordinance or any other local law or ordinance adopted subsequent to the adoption of
this provision. Henceforth, such special land use districts shall be considered planned development
zones for the purposes of this Ordinance. Without limiting the foregoing, the adoption of this
revised Ordinance shall not alter the permitted useS' nor the conditions or limitations relating to
properties within an existing special land use district.
Section 402-ZONE BOUNDARIES. Where uncertainty exists with respect to the exact
boundaries of the various districts as shown on the Zoning Map, the following rules shall apply.
1. Where zone boundaries are indicated as approximately following the center lines of
streets or highways, street lines, or highway right-of-way lines, such center lines,
street lines, or highway right-of-way lines shall be construed to be said boundaries.
15
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
2. Where zone boundaries are so indicated that they approximately follow the lot lines
as shown on plots of record at the time this Ordinance becomes effective, or lot lines
on plots of record at the time of any amendment rezoning an area, then such lot lines
shall be construed to be said boundaries.
3. Where zone boundaries are so indicated that they are approximately parallel to the
center lines of street lines or streets, or the center lines or right-of-way lines of
highways, such zone boundaries shall be construed as being parallel thereto and at
such distance therefrom as indicated on the Zoning Map. If no such distance is
given, such dimension shall be determined by the use of the scale shown on said
Zoning Map.
4. Where the boundary of a zone follows a railroad line, such boundary shall be deemed
to be located in the middle of the main tracks of said railroad line.
5. Where the boundary of a zone follows a stream, lake or other body of water, unless
otherwise indicated said boundary line shall be deemed to be at the center line of said
stream, lake, or other body of water, unless said center line is outside the jurisdiction
of the Town oflthaca, in which event said boundary line shall be deemed to be at the
limit of the jurisdiction of the Town oflthaca.
6. Distances shown on the Zoning Map are perpendicular orradial distances from street
lines measured back to the zone boundary line, which lines, in all cases where
distances are given, are parallel to the street line.
7. In all other cases the boundary line shall be determined by use of the scale on the
Zoning Map.
8. Any lands existing in the Town of Ithaca which are unzoned at the time of the
adoption ofthis amendment, and any lands hereafter added to the Town oflthaca by
annexation or otherwise, are hereby zoned Low Density Residential Zone. Any such
after-acquired lands shall be automatically zoned Low Density Residential Zone upon
such acquisition, except that such lands may be thereafter rezoned to any other zone
as determined by the Town Board.
Section 403-PROHIBITION OF USES. All uses not specifically set forth as permitted
uses in a zone are expressly prohibited as uses in that zone. A use specifically permitted in one zone
is not permitted in any other zone, less restrictive or otherwise, unless specifically enumerated as a
permitted use in such other zone.
ARTICLEV: CONSERVATION ZONES
Section 500 -PURPOSE. It is the purpose of the Conservation Zone to preserve the
outstanding natural features in certain areas of the Town, as described in the Town of Ithaca
16
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
Comprehensive Plan (September 21, 1993), and to provide a regulatory framework through which
development can occur with minimal environmental impact in these areas. Among the natural values
and ecological importance of these areas are their diversity as a plant and wildlife habitat, their
existence as biological corridors, their sceiJ.ic views and rural_character, and their importance as an
educational and recreational resource. In addition, certain lands in the Conservation Zones contain
large areas of steep slopes, wetlands, highly erodible soils and, in one instance, the City of Ithaca
water supply, which must be taken into consideration in planning for future development.
It is a further purpose of the Conservation Zone to preserve existing areas of contiguous open space,
prevent unnecessary destruction of woodland areas, preserve existing and potential agricultural land
and promote appropriate development densities and flexibility of design and development of land.
Developers should be encouraged to use mechanisms to accomplish these objectives. Such
mechanisms could include enlarged buffer areas, conservation easements, deed restrictions, and
public or semi-public land dedications.
Certain ofthe areas included in Conservation Zones, in recognition of their natural and ecological
significance, have been designated by the Tompkins County Environmental Management Council
as Unique Natural Areas. It is a further purpose of this Conservation Zone to preserve the natural
resources and scenic beauty of the areas to promote tourism as an important economic benefit to the
Town oflthaca.
Section 501 -PERMITTED PRINCIPAL USES. In a Conservation Zone, no building
shall be erected or extended and no land or building or part thereof shall be used for other than any
of the following purposes:
1. A one-family dwelling, except a mobile home, to be occupied by no more than
(a) One family, or
(b) One family plus no more than one boarder, roomer, lodger or other occupant.
2. A two-family dwelling provided that
(a) Each dwelling unit is occupied by no more than one family; and
(b) The floor area of the second dwelling unit is not more than 50% of the floor
area excluding the basement of the primary dwelling unit except where the
second dwelling unit is constructed entirely within the basement area, it may
exceed 50%.
3. Garden, nursery or farm.
4. Roadside stand or other structure, not exceeding 500 square feet of enclos~d space,
for the display and sale of farm or nursery products incidental to farming and as a
seasonal convenience to the owner or owners of the land. Any such stand shall be
17
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
located a minimum of 30 feet from the street line, in such a manner as to permit safe
access and egress for automobiles, and parking off the highway right of way.
5. Forest management and other forest resource uses, including the harvesting of timber
in conformance with environmentally sound forestry practices, provided that logging
of more than orie acre of contiguous land shall require the submission of a forest
management plan to and approval by the Planning Board. Such a plan shall include,
but not be limited to, a description of the area to be logged, what percentage of trees
will be cut, the method of cutting and removing trees, and how the land will be
restored (e.g., through reforestation, agriculture or otherwise).
6. Public water supply.
Section 502-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in a Conservation Zone, but only upon receipt of a special permit for
same from the Planning Board in accordance with the procedures set forth in this Ordinance:
1. Church or other places of worship.
2. Public library, public museum, public, parochial and private schools, daycare center,
nursery school, and any institution of higher learning including dormitory
accommodations.
3. Publicly owned park or playground, including accessory buildings and
improvements.
4. Fire station or other public building necessary to the protection of or the servicing of
a neighborhood.
5. Roadside stand or other structure, exceeding 5 00 square feet but not more than 25 00
square feet of enclosed space, for the display and sale of farm or nursery products
related to farming and as a seasonal convenience to the owner or owners of the land.
The majority of the products sold at such stand shall be, or be derived from, products
produced on the farm on which the roadside stand is located. Any such stand shall
be located a minimum of 30 feet from the street line, in such a manner as to permit
safe access and egress for automobiles, and parking off the highway right of way.
6. Bed and Breakfast.
Section 503 -ADDITIONAL REQUIREMENTS FOR SPECIAL PERMIT. The
application for a special permit for any of the uses set forth in the immediately preceding section
shall be made to the Planning Board. Any required site plan shall conform to the requirements of,
and be subject to the procedures contained in Article XXIII. No building permit shall be issued
unless the proposed structure is in accordance with the final site plan approved by the Planning
18
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
Board. In determining whether to grant a special permit, the Planning Board shall consider the
matters set forth elsewhere in this ordinance and in addition shall grant a special permit for any of
the above uses only if it can be demonstrated that:
1. The proposal is consistent with the goals and objectives of the Conservation Zone,
as enumerated in the purpose section relating to this Zone;
2. The proposal provides adequate measures to control stormwaterrunoff and minimize
erosion and sedimentation;
3. The project includes adequate measures to protect surface and groundwaters from
direct or indirect pollution; and
4. Off-street parking facilities are adequately buffered to minimize visual and noise
impacts on surrounding areas, and are designed to minimize the increase in
impervious surfaces on the site.
Section 504 -PERMITTED ACCESSORY BUILDINGS OR USES. The following
accessory buildings or uses are permitted as of right in a Conservation Zone:
1. Accessory buildings customarily incidental to the above permitted uses.
2. Home occupations to the extent permitted and subject to the same requirements set
forth in the provisions related to home occupations in the sections governing Low
Density Residential Zones.
3. Wildlife rehabilitation operation as defined and regulated under 6 NYCRR Part 184,
provided that no noise, dust, disorder, or objectionable odor is experienced (as a
result of that use) beyond the boundary lines of the property where such use is
conducted, and that no more than 3 additional persons not residing on the premises
may be employed.
4. Day care homes, family day care homes, and group family day care liomes.
5. Adult day care facilities serving no more than four clients at any one time.
6. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit (e.g. outside doghouse, etc.) provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number
is authorized by special approval of the Board of Zoning Appeals.
Section 505 -ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL
APPROVAL ONLY. The following accessory buildings or uses are permitted in a Conservation
Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance
with the procedures set forth in this Ordinance:
19
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
1. Elder Cottages.
2. A second dwelling unit in a building other than the principal building, provided that
(c) All of the general criteria set forth elsewhere in this Ordinance for the
issuance of a Special Approval have been satisfied;
(d) The location of the second dwelling, and the building in which it is located,
does not adversely impact in any significant manner the adjoining neighbors;
(e) The building containing such second dwelling is located at least 50 feet from
any side boundary of the lot, and is not constructed in any required front yard.
(f) There is adequate off-street parking for the proposed number of occupants,
including occupants of both the principal building and the dwelling unit for
which special approval is sought;
(g) The floor area of the second dwelling (inclusive of floor area on all floors
dedicated to such dwelling) does not exceed 50% of the floor area of the
primary dwelling on the lot;
(h) The second dwelling is located in a building that is accessory to the principal
dwelling;
(i) The building containing the primary dwelling does not contain more than one
dwelling; and ·
G) There are no elder cottages or other buildings on the lot containing dwellings
otherthan the building containing the primary dwelling and the building for
which special approval is sought.
Section 506 -HEIGHT LIMITATIONS. Except as may be specifically otherwise
authorized in this law, in Conservation Zones no non-agricultural building shall exceed thirty-eight
(38) feet in height from lowest interior grade nor thirty-six (36) feet in height from lowest exterior
grade, and no non-agricultural structure other than a building shall exceed thirty (30) feet in height.
Non-agricultural accessory buildings shall in no case exceed 15 feet in height.
Section 507-YARD REGULATIONS. Except as may be specifically otherwise authorized
in this law, in Conservation Zones yards of at least the following dimensions are required:
1. Front Yard -Not less than the average depth of the front yards of building
immediately adjacent. However, except for roadside stands authorized by Section
501, the front yard shall not be less than 50 feet nor need it be greater than 7 5 feet in
depth.
20
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
2. Rear Yard -not less than 200 feet in depth.
3. Side Yards-Each not less than 50 feet.
4. Greater Yards -Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard provisions.
5. Buffer areas -The foregoing requirements may include any required buffer areas and
shall not be in addition to any required buffer areas.
6. Accessory Buildings -In Conservation Zones accessory buildings other than garages
may not occupy any open space other than a rear yard. The total lot area covered by
non-agricultural accessory buildings may not occupy more than 1, 000 square feet of
any required rear yard and shall be not less than 50 feet from any side or rear lot line.
Section 508-LOT COVERAGE. The maximum building area shall not exceed ten percent
of the lot area. Projections described in Section 2704 are not to be included in computing the
percentage. For the purposes of this Zone, roads, driveways, parking areas, and other paved areas
shall be considered buildings in computing the percentage of lot coverage.
Section 509 -SIZE AND AREA OF LOT. Lots in Conservation Zones shall meet the
following minimum requirements:
1. Minimum lot area shall be at least seven acres; and
2. Minimum lot width at the street line shall be 300 feet; and
3. Minimum width at the maximum required front yard setback line (75 feet from the
street line) shall be 300 feet; and
4. Minimum depth from the street lirie shall be 450 feet.
Section 510 -CLUSTERING. The Planning Board is hereby authorized to require
clustering of residential units as outlined in the Town's Subdivision Regulations, where clustering
will further the purposes of the Conservation Zone, subject to the requirement with respect to the
Conservation Zone along Six Mile Creek, that where feasible, on the southwestern side of Six Mile
Creek (i.e., on the Coddington Road side of the Conservation Zone), dwelling units shall be clustered
between the former railroad grade and Coddington Road, in order to preserve the natural
characteristics and scenic views ofthe lands adjacent to Six Mile Creek and the City Watershed
properties. In such cases, the same number of dwelling units that could have been built on that
portion of the parcel between the former railroad grade and Six Mile Creek under the above density
requirements when feasible shall be transferred to the portion of the parcel between the former
railroad·grade and Coddington Road. This provision shall not apply to parcels which are situated
entirely between the former railroad grade and Six Mile Creek.
21
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
Section 511-PARKING. Parking requirements shall be as set forth in Section 2707.
Section 512 -ADDITIONAL REQUIREMENTS AND RESTRICTIONS.
1. The following activities are specifically prohibited in Conservation Zones:
(a) The importation for dumping or disposal of snow or ice collected from
roadways or parking lots into or within two hundred (200) feet linear distance
of any wetland or watercourse carrying water six ( 6) months out of the year.
(b) The location ofbuildings or structures on slopes of25 percent or greater, with
a minimum horizontal slope length of 25 feet.
2. No buildings, structures, paved areas, or storage of construction equipment or
machinery shall be located within 50 feet of the centerline of any watercourse
carrying water six ( 6) months out of the year, or within 200 feet of the 100-Year
Flood Boundary of any body of water or water course identified as "Zone A" on any
Flood Insurance Rate Map for the Town of Ithaca, N.Y., prepared by the Federal
Emergency Management Agency, (or any other generally recognized map of 100 year
flood zones) within any Conservation Zones.
In the case of residential subdivisions, whether conventional or cluster, the no
disturbance zone as defined above shall be increased by up to 50% if the Planning
Board determines that such an increase is necessary to protect water quality or to
minimize the impacts of erosion and sedimentation.
Unless otherwise authorized by the Planning Board, no disturbance as listed above
shall be located within one hundred ( 1 00) feet linear distance of any wetland. During
the subdivision or site plan approval process, where there is evidence of a wetland,
the Planning Board may require a wetland delineation study to determine the
potential impacts of development or disturbance on said wetland. For the purposes
of this section, wetlands shall mean all wetlands, as defined in either state or federal
legislation (whichever is more restrictive) governing regulation of wetlands, of an
area of more than 111 Oth of an acre.
3. With respect to the Conservation Zone along Six Mile Creek, no buildings,
structures, or storage of construction equipment or machinery shall be located within
100 feet of the centerline of the South Hill Recreation Way.
4. The storage and land application of manure for agricultural purposes shall follow
reasonable agricultural practices. Minimum conditions for storage of solid manure
are a pad of concrete and a leachate collecting system or other system reasonably
equivalent in its protection of the surrounding environment. The manure storage
system should be designed to prevent animal waste from entering any stream or water
body.
22
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
5. The following apply to vegetation and landscaping:
(a) Existing native vegetation shall be maintained to the extent practicable.
(b) When landscaping is required by the Planning Board to enhance buffer areas,
to replace existing vegetation, or otherwise, native plant materials should be
used to the extent practicable.
6. Scenic views, in particular those with viewing points from adjacent roads (and, in the
case of the Conservation Zone along Six Mile Creek, from Six Mile Creek and the
Gorge) should be preserved using practices such as the following:
(a) Avoid the siting ofbuildings or structures on ridgelines or hilltops. Buildings
should be sited below the crest or ridgeline of hills to preserve a natural
topographic and vegetative profile.
(b) Retain existing vegetation to the extent practicable.
(c) Retain existing stone walls, fences and other features in open meadows.
(d) Regrading should blend in with the natural contours and undulations of the
land.
(e) Buildings proposed to be located within significant viewing areas should be
screened and landscaped to minimize their intrusion on the character of the
area. Building materials and color schemes should harmonize with their
setting and be compatible with neighboring land uses.
(f) Where possible, buildings and structures should be located on the edges of
open fields and in wooded areas to minimize visual impacts.
(g) . Visibility of proposed buildings or structures from public trails within
Conservation Zones should be considered so as to minimize visual intrusion
on views from the public trails.
7. Wildlife habitats and biological corridors should be preserved. Open space linkages
should be encouraged to accomplish the above. Open space and conservation
easement areas shall be designed with massing and linking as guiding principles.
Open space and conservation areas both on and off site should be as contiguous as
reasonably possible.
8. Roads and driveways should follow existing contours to the extent practicable to
minimize the impact of cuts and fills. The number of driveways accessing public
streets shall be kept to a minimum. The appropriate .use of common driveways is
23
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
encouraged.
9. The following shall apply to drainage:
(a) The Planning Board may require the preparation and submittal of a
stormwater management plan, to be approved by the Town Engineer, for
proposed special approval uses and for proposed subdivisions.
(b) Existing natural drainageways should be retained where possible.
(c) In cases where a retention basin will be required, a landscaping plan shall be
prepared and submitted for the Planning Board's approval. Basin landscaping
materials that enhance wildlife habitat shall be used to the extent practicable.
10. The following shall apply to lighting:
(a) Street lighting shall be provided only where site-specific safety conditions
warrant.
(b) Where street lighting is required, its location, type, and intensity shall be
subject to the Planning Board's review and recommendation to the Town
Board for approval.
1 L Whenever a subdivision of land is proposed in a Conservation Zone, the Planning
Board .may require that the non-buildable areas listed above, including wetlands,
slopes 25 percent or greater, and streams/watercourses and setbacks, be shown on the
preliminary and final subdivision plats.
Section 513 -PARK AND RECREATION SET-ASIDES AND FEES IN LIEU
THEREOF. Because of the reduced density in the Conservation Zones, the requirements for
maintaining open space, existing public trails, and the existing and expected additional opportunities
for passive recreational activities in the areas included in the Conservation Zones, it is anticipated
that in Conservation Zones normally there will be no need for mandated parkland reservations or fees
in lieu thereof pursuant to applicable Town Law and Town of Ithaca Subdivision and Zoning
Ordinance Regulations including Section 22 of the Town's Subdivision Regulations and any
successor or related provisions.
Section 514-SITE PLAN APPROVAL. No building permit shall be issued for a building
or structure within a Conservation Zone requiring a special permit unless the proposed building or
structure is in accordance with a site plan approved pursuant to the provisions of Article XXIII.
ARTICLE VI: AGRICULTURAL ZONES
Section 600 -PURPOSE. The purpose of the Agricultural Zone is to assure a proper
24
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
economic and physical environment for continued agricultural use ofland and other non-extractive
natural resource land uses; to maintain an open rural character to viable agricultural areas; to assure
compatible types and densities of development on lands that are useable for agricultural pursuits; and
to minimize other land uses incompatible with farming. Persons and entities not engaged in
agricultural pursuits in the Agricultural Zone should be aware that the primary intention ofthe Zone
is to permit usual acceptable farming and farming practices which may generate dust, odor, smoke,
noise, and vibration; during growing seasons machinery may be operated at other than daylight
hours; certain generally acceptable farming operations may involve the use and spraying of
herbicides or pesticides; and acceptable practices in keeping animals may involve odors or noises.
Accordingly, any person or entity residing or working in an Agricultural Zone should anticipate these
types of concerns and recognize that such are the by-product of zoning an area in the Town where
agricultural endeavors are encouraged to thrive. To the extent buffer areas may be required, the
intention of such buffers is to reduce the potential for conflicts between farming and non-farming
uses. Agricultural Zones are also areas of the Town where it is unlikely public water or sewer will
be made available, so as to reduce the economic pressures for development that often flow from the
introduction of such facilities. Accordingly, persons acquiring property in Agricultural Zones
should not expect such public facilities to be provided.
Section 601 -PERMITTED PRINCIPAL USES. Only the following buildings or uses
are permitted of right in an Agricultural Zone:
1. Any lawful farm purpose, including usual farm ·buildings and structures, but
excluding rendering plants.
2. Plant nursery.
3. Equestrian Facility.
4. Kennel, coop, or other facility for the housing or caring for animals, birds, or fish,
whether for hire or otherwise, including an animal shelter, wildlife refuge and fish
farms.
5. A roadside stand or other structure, not exceeding 500 squarefeet of enclosed space,
for the display and sale of farm or nursery products related to farming and as a
seasonal convenience to the owner or owners of the land. The majority of the
products sold at such stand shall be, or be derived from, products produced on the
farm on which the roadside stand is located. Any such stand shall be located a
minimum of 30 feet from the street line, in such a manner as to permit safe access
and egress for automobiles, and parking off the highway right ofway.
6. A one-family dwelling to be occupied by no more than
(a). One family, or
(b) One family plus no more than one boarder, roomer, lodger, or other occupant.
25
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
7. A two-family dwelling provided that
(a) Each dwelling unit is occupied by no more than one family; and
(b) The floor area of the second dwelling unit is not more than 50% of the floor
area excluding the basement of the primary dwelling unit except where the
second dwelling unit is constructed entirely within the basement area, it may
exceed 50%. ·
8. Publicly owned park or playground including accessory buildings and improvements.
9. Any municipal or public utility purpose necessary to the maintenance of utility
services except that substations and similar structures shall be subject to the same set
back requirements as apply to residences in the district in which the substations or
similar structUres are constructed.
10. Day care homes, family day care homes and group family day care hom~s.
11. Community Residence.
12. Forest management and other forest resource uses, including the harvesting of timber
in conformance with environmentally sound forestry practices.
Section 602-PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The
following uses are permitted in an Agricultural Zone, but only upon receipt of a special permit for
same from the Planning Board in accordance with the procedures set forth in this Ordinance:
1. Except as permitted as of right in the preceding section retail sales of machinery,
products, supplies, or produce primarily related to, or derived from, agricultural
operations subject to the following limitations:
(a) Any building devoted to such activity may be no larger than 4,000 square
feet;
(b) No more than six persons may be engaged in or employed by the activity;
(c) No more than three acres, inclusive ofbuilding, parking, driveways, well,
septic system and other ancillary facilities, be dedicated to the use;
(d) No outside storage other than temporary day-time only display of products,
unless otherwise authorized by the Planning Board.
In determining whether to grant such authorization, the Planning Board shall
consider, in addition to other criteria set forth in this Ordinance, that
26
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
(i) The nature of the business generally requires outside storage;
(ii) There is adequate space on the lot for the proposed storage;
(iii) The premises are screened or otherwise buffered so that the outside
storage does not adversely impact the neighboring properties and
property owners; and
(iv) The proposed outside storage will not adversely affect the character
of the surrounding neighborhood.
2. Veterinary offices or hospitals.
3. Church or other places of worship, convent and parish house.
4. Cemetery and the buildings and structures incident thereto.
5. Public library, public museum, public, parochial and private schools, nursery school,
and any institution of higher learning relating to agricultural pursuits.
6. Fire station or other public building necessary to the protection of or the servicing of
a neighborhood.
7. Golf course or driving range with related facilities such as clubhouse, restaurant, and
pro shop.
8. Cross country ski center with related facilities such as lodge, ski shop and restaurant.
9. Commercial composting facility where composting occurs for sale, utilizing more
than four hundred square feet of land in which event the following additional
requirements shall apply:
(a) The lot on which the facility is located shall be at least two acres in size;
(b) The composting facility shall be located at least 100 feet from any roadway
and any lot line, except for lot lines adjacent to Residential Zones, in which
event the set-back from the Residential Zone line shall be increased to 250
feet and shall have a buffer of vegetation or fencing to screen the facility from
the Residential Zone;
(c) The facility shall be operated in a clean and orderiy manner so that it does not
create a nuisance to any neighboring property.
10. Hunting preserves, lodges, or clubhouses.
27
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
11. Bed and breakfast.
12. Radio, television, telecommunication, microwave, satellite or other electronic
transmission facility operated pursuant to a license from the Federal Communications
Commission or any successor federal or state agency.
13. Research facilities dedicated to research in agriculture or animal husbandry.
14. Farm retreat.
15. Adult day care facilities serving no more than four clients at any one time.
Section 603 -PRINCIPAL USES AUTHORIZED BY SPECIAL APPROVAL ONLY.
The following uses are permitted in an Agricultural Zone, but only upon receipt of a special approval
for same from the Board of Appeals in accordance with the procedures set forth in this Ordinance:
1. Mining, subject to the following requirements in addition to the normal requirements
for a sp~cial approval:
(a) No special approval shall be granted until
(i) The Planning Board approves a site plan for the proposed mining
operations; and
(ii) The appropriate New York State authorities (DEC or other regulatory
body) has approved a reclamation plan and the plan and any required
security for the performance of the plan has been provided to the
State of New York.
(b) There shall be a buffer area of at least 100 feet around the perimeter of the
mined area between the mined area and any surrounding property, such buffer
to consist of natural vegetation, plantings, berms, fences, or other screening
as deemed reasonable by the Board of Appeals to minimize the auditory and
visual impacts of the mining operations on surrounding properties.
(c) A fill permit shall be obtained in accordance with the fill permit requirements
of this Ordinance before commencement of any mining operations.
(d) Hours of operation shall be limited to business days (days other than
weekends and holidays) from 8:00a.m. to 5:00p.m. local time unless the
applicant, for good cause shown, demonstrates to the Zoning Board of
Appeals that special circumstances exist which compel that the times be
extended.
Notwithstanding the foregoing, if the material to be mined is soil, gravel, or other
28
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
similar types of fill, up to 50 cubic yards of such product may be mined in any one
calendar year without special approval. If more than 50 cubic yards but not more
than 250 cubic yards in any one year are being mined, the special approval may be
issued by the Director of Engineering of the Town. In all other cases, the Special
Approval shall be obtained as set forth above.
Section 604 -PERMITTED ACCESSORY BUILDINGS AND USES. The following
accessory buildings or uses are permitted as of right in an Agricultural Zone:
1. Any farm-related structure not otherwise expressly referred to or limited by any
provision in this Ordinance.
2. If the principal use is as a farm, one or more one or two family dwellings, subject to
the occupancy limitations set forth above for one and two family dwellings and
subject to the overall density limitations set forth below in Section 610.
3. If the principal use is as one or two family dwelling or as a farm with dwellings; a
private swimming pool, tennis court, or other similar recreational facility for the
principal private use of the occupants of the dwelling.
4. . If the principal use is as a one or two family dwelling, up to three accessory
buildings, all such accessory buildings in the aggregate not to exceed a total of 1500
square feet in size.
5. Off-street garage or parking space for the occupants, users and employees in
connection with uses permitted in this Article, but subject to provisions of Section
2707.
6. A temporary building for commerce or industry, where such building is necessary or
incidental to the development of a residential area. Such buildings may not be
continued for more than one year except upon receipt of a special approval from the
Board of Appeals.
7. Signs, as regulated by the Town oflthaca Sign Law.
8. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit (e.g. outside doghouse, etc.) provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number .
is authorized by special approval of the Board of Zoning Appeals.
Section 605-ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL
APPROVAL ONLY. The following accessory buildings or uses are permitted in an Agricultural
Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance
with the procedures set forth in this Ordinance:
29
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
1. Elder cottages.
2. If the property is not used for agricultural purposes, a second dwelling unit in a
building other than the principal building on the lot, provided that
(a) All of the general criteria set forth elsewhere in this Ordinance for the
issuance of a special approval have been satisfied;
(b) The location ofthe second dwelling, and the building in which it is located,
does not adversely impact in any significant manner the adjoining neighbors;
(c) The building containing such second dwelling is located at least 40 feet from
any side boundary of the lot, and is not constructed in any required front yard.
(d) There is adequate off-street parking for the proposed number of occupants,
including occupants of both the principal building and the dwelling unit for
which special approval is sought;
(e) The floor area of the second dwelling (inclusive of floor area on all floors
dedicated to such dwelling) does not exceed 50% of the floor area of the
primary dwelling on the lot;
(f) The second dwelling is located in a building that is accessory to the principal
dwelling;
(g) The building containing the primary dwelling does not contain more than one
dwelling; and
(h) There are no buildings on the lot containing dwellings other than the building
containing the primary dwelling and the building for which special approval
is sought.
3. Home occupation, other than farming or a farm related enterprise for which no
special approval shall be required.
Section 606-HEIGHT LIMITATIONS.
1. Except as may be specifically otherwise authorized in this law, in Agricultural Zones
no non-agricultural building shall exceed thirty-eight (38) feet in height from lowest
interior grade nor thirty-six (36) feet in height from lowest exterior grade, and no
non-agricultural structure other than a building shall exceed thirty-six (36) feet in
height. Agricultural structures, such as silos or windmills, whether on a farm parcel
or not, shall be set back a distance at least equal to their height from all property
lines.
30
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
2. Notwithstanding the foregoing, the Planning Board may, by special permit, allow a
tower, other than a telecommunications tower or facility, operated pursuant to a
license issued by the Federal Communications Commission for the transmission or
reception of radio, television, microwave, satellite, or other electrical transmissions
to be up to 80 feet in height from lowest exterior grade upon making the findings set
forth below for special permits generally and in addition finding that
(a) The proposed tower is designed in accordance with generally accepted
engineering standards so that its construction and operation will not pose a
hazard to persons or property on the ground or in the vicinity of the tower;
(b) The topography and location of the proposed site are reasonably adapted for
the proposed use.
(c) The size ofthe site is adequate in that the tower is located on an unoccupied
parcel having an area of sufficient size that no part of the tower could fall on
neighboring property should the structure collapse; and
(d) The plans for the site (and the vegetation, screens, fencing or other devices
when completed) provide adequate buffering of the site and towers from
adjoining land.
Section 607-YARD REGULATIONS. Except as may be specifically otherwise authorized
in this law, in Agricultural Zones yards of at least the following dimensions are required:
1. Front Yard -not less than the average depth of the front yards of buildings on lots
immediately adjacent. However, the front yard depth shall not be less than 30 nor
need it be greater than 60 feet. A road side stand authorized in Section 601 may be
located in a front yard.
2. Rear Yard -not less than 50 feet in depth.
3. Side Yards-none required with respect to buildings all on the same lot, but not less
than 40 feet from any structure to a side property line except that in one of the side
yards a one-story garage, either attached to the principal building or separate
therefrom, may be 15 feet from a side line which is not a street line.
4. Greater Yards-Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this Ordinance shall, if more
restrictive, supersede the above yard requirements.
The foregoing requirements may include any required buffer areas and shall not be in
addition to any required buffer areas. For purposes of calculating yards, and notwithstanding the
yard definitions, yards shall be measured in Agricultural Zones to any building (other than a roadside
stand), instead of to the principal building.
31
Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003
Section 608-BUILDING AREA. The maximum building area shall not exceed ten percent
of the lot area. Projections described in Section 2704 are not to be included in computing the
percentage.
Section 609-SIZE AND AREA OF LOT. Subject to the density provisions regarding
subdivision of parcels of land set forth below, lots in Agricultural Zones shall meet the following
minimum requirements:
1. Minimum lot area shall be at least two acres, subject to the following conditions and
exceptions:
(a) A non-farm lot subdivided for residential purposes from a parent tract as set
forth below in Section 610 shall have a minimum area of one acre and a
maximum of two acres unless
(i) A larger area is required by the Tompkins County Health Department
to provide on-site water and septic systems, in which event the
permitted maximum area shall be increased to the minimum area
required by the Health Department for such installations; or
(ii) The applicant for approval of a subdivision requests larger lots and
fewer dwellings than would be normally permitted pursuant to
Section 610 below and the Planning Board determines in considering
subdivision approval that the amount ofland dedicated to such larger
lots does not exceed the amount of land that would have been
dedicated to residential purposes had the number of dwellings and
sizes oflots been in full compliance with Section 610.
2. Minimum width at the street line shall be 60 feet.
3. Minimum width at the maximum required front yard setback line ( 60 feet from the
street line) shall be 100 feet.
4. Minimum depth from the street line shall be 200 feet.
Section610-DENSITYLIMITATIONSANDLIMITATIONSONSUBDIVISIONOF
PARENT TRACTS. In order to protect agricultural uses, to preserve the agricultural value ofland,
to provide for the retention oftracts of sufficient size to be used reasonably for agricultural purposes,
and to preserve the open space qualities of the Town, creation of non-farm lots and the subdivision
of farm parcels from parent tracts shall be limited in the Agricultural Zone. Accordingly, and
notwithstanding the minimum lot sizes set forth above, the following additional requirements shall .
apply to land within an Agricultural Zone:
1. Any tract or parcel of land in common contiguous ownership at the time of the
adoption of this provision of the Zoning Ordinance, subject to other normally
32