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HomeMy WebLinkAbout2003 Zoning Ordinance Part IINewzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003 applicable subdivision laws and regulations, hereafter may be subdivided into no more lots than equals the total number of acres of the tract divided by 7 and rounded down to the nearest whole number. (For example, a tract of twenty acres may be subdivided into no more than two lots--20 divided by 7 equals 2 6/7 rounded to two.) Some of the lots, subject to other applicable requirements, may be as small as one acre but the total number may not exceed the above limitation. 2. Clustering of the lots may be required by the Planning Board as a condition to granting any subdivision approval. In determining the design of the subdivision the following criteria should be applied: (a) Clustered lots should avoid prime agricultural soils, defined as Class I and Class II by the USDA Natural Resources Conservation Service or similar or successor agency; (b) Clustered lots should not interfere with natural drainage patterns; and (c) To the extent reasonably possible, subdivisions shall be approved in a manner that maintains the largest amount of contiguous acreage for open space or agricultural use. (For example, if reasonably possible, a 17 acre parcel would be divided into one one -acre lot and one 16 acre lot, and a twenty-four acre lot would be divided into two one acre lots and one twenty-two acre lot.) 3. The Planning Board, as a condition of granting subdivision approval, shall require, unless good cause is shown for omission of same, the developer to encumber the larger tracts (the non -cluster lots) by deed restrictions, conservation or agricultural easements, or other mechanism satisfactory to the Planning Board, to ensure that such parcels shall remain permanently as open space or agricultural land. For this purpose, land shall still be considered open space or agricultural land if used for the purposes set forth in Section 601, paragraphs 1, 2, 3, 4, 5, 8 (provided the same are passive recreational areas), 9 and 12. 4. Notwithstanding the density limitations set forth above, any parcel of fifty acres or larger remaining after subdividing off the clustered lots and which has been encumbered in the manner set forth in the immediately preceding paragraph, may be further subdivided into separate ownership provided that all parcels so further subdivided are at least 25 acres in size, and all such parcels continue to be subject to the open space and/or agricultural easements. Section 611 - PARKING. Parking requirements shall be as set forth in Article XXVII. Section 612 - ADDITIONAL SPECIAL, REQUIREMENTS. Additional special requirements include the following: Screening - In addition to the landscaping, screening, fencing and buffer requirements 33 Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003 set forth elsewhere in this Ordinance, additional landscaping, fencing, screening, or earth berm may be required to be provided by the Planning Board in the site plan review process in any area where the proposed structure or use would, in the reasonable opinion of the Planning Board, create a hazardous condition or would detract from the value of neighboring property if such landscaping, fencing, screening, or berm were not provided. Section 613 - SITE PLAN APPROVAL. No building permit shall be issued for a building or structure within an Agricultural Zone requiring a special permit unless the proposed building or structure is in accordance with a site plan approved pursuant to the provisions of Article XXIII. Section_ 614 - RIGHT TO FARM. Notwithstanding any other provisions of law, it being the intention of this section to supersede to the extent legally possible any prior statutory or court developed rule of law regarding nuisances or similar types of actions, on any land in an Agricultural Zone an agricultural practice shall not constitute a private nuisance when an action is brought by a person, provided such agricultural practice constitutes a sound agricultural practice pursuant to an opinion issued upon request by the New York State Commissioner of Agriculture and Markets. Nothing in this section shall be construed to prohibit an aggrieved party from recovering damages for personal injury or wrongful death. ARTICLE VII: LAKEFRONT RESIDENTIAL ZONES Section 700 - PURPOSE. The purposes of the Lakefront Residential Zone are to minimize excessive and undesirable development in fragile lakefront areas, to protect the natural beauty and ambiance of the lakeshore in the Town of Ithaca for all of the citizens of the community to enjoy, and to enhance the experience provided to those living near, and those who use, the resource provided by Cayuga Lake. Section 701- PERMITTED PRINCIPAL USES. Only the following buildings or uses are permitted as a matter of right in a Lakefront Residential Zone: 1. 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. 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 W Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003 exceed 50%. 3. Publicly owned park orplayground including accessory buildings and improvements. 4. 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. 5. Day care homes, family day care homes and group family day care homes. 6. Community residence. Section 702 - PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The following uses are permitted in a Lakefront Residential Zone, but only upon receipt of a special permit for same from. the Planning Board in accordance with the procedures set forth in this Ordinance: 1. Church or other places of worship, convent and parish house. 2. Public library, public museum, and public schools. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. 4. Clubhouse or lodge, provided that no building so used shall be within 100 feet from any street or within 150 feet of the lot line of any adjoining owner or within 200 feet of any lakeshore. 5. Bed and breakfast. Section 703 - PERMITTED ACCESSORY STRUCTURES AND USES. The following accessory structures or uses are permitted as of right in a Lakefront Residential Zone: 1. 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 and further subj ect to the requirement that no vehicle parking shall occur within one hundred feet of any shoreline. 2. Where the principal use is as a one or two family dwelling, private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the occupants of the dwelling. 3. Up to two accessory storage buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size. 35 Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003 4. 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. 5. Signs, as regulated by the Town of Ithaca Sign Law. 6. Adult day care facilities serving no more than four clients at any one time. 7. 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 704 - ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL APPROVAL ONLY. The following accessory buildings or uses are permitted in a Lakefront Residential Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this Ordinance: Elder cottages pursuant to, and subject to, the provisions of Section 2601 of this Ordinance. 2. Home occupation. The keeping of domestic animals in accessory buildings, provided that no such building shall be nearer than 30 feet to any lot line of any adjoining owner or to the lake shore, and further provided that there shall be no raising of fur -bearing animals, or kennels for more than 3 dogs over 6 months old. Section 705 - ACCESSORY STRUCTURES AND USES AUTHORIZED BY SPECIAL PERMIT ONLY. The following accessory structures or uses are permitted in a Lake Front Residential Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this Ordinance: Fishing piers, docks, wharves, boat houses, cabanas, sea walls, and similar waterfront structures and facilities when such uses are clearly accessory or incidental to the primary, principal use on the property subject to all applicable state and federal regulations and approvals. All such structures shall require a building permit. All such structures shall additionally be subject of site plan review in accordance with the provisions set forth elsewhere in this ordinance. The following additional requirements shall apply to all such structures and facilities including those subject to site plan review and those that are not subject to such review: Wel Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003 (a) The construction of such structures and facilities shall be undertaken in such a way so as not to impact water quality, cause harm to fish spawning grounds, destroy, the natural beauty of the shoreline, reduce the stability of steep slope areas, cause erosion or sedimentation problems along the shoreline, create hazards for navigation, interfere with the public use and enjoyment of the water surface or shoreline, infringe on the riparian rights of other littoral parcels, or otherwise threaten the public health and safety. (b) Piers, docks and wharves shall be designed in accordance with good engineering practice. At the discretion of the Building and Zoning Enforcement Officer, plans approved by a licensed engineer or architect may be required before issuance of a building permit. (c) Such structures and facilities shall onlybe constructed of materials which are stable, chemically inert and insoluble and which will have no adverse effects on water quality. (d) The amount of grading, dredging, earth moving and disturbance of land above and below water during the construction of such structures and facilities shall be minimized as much as possible and shall be consistent with the permit requirements of the New York State Department of Environmental Conservation and U.S. Army Corps of Engineers regulating such activities. (e) To permit the free circulation of water, reduce the effects of fluctuating water levels, and prevent adverse modifications of the shoreline, piers, docks and wharves shall be of floating construction wherever feasible and shall not be of rockfilled cribbing, sheet piling, closely spaced piling, or such other construction technique or materials which would significantly impair water circulation. (f) The width of any pier, dock or wharf shall be a minimum of three (3) feet and shall not exceed eight (8) feet. (g) The length of any pier, dock or wharf shall extend offshore from the mean low water line to a distance no greater than thirty (30) feet (or such lesser distance as may be stipulated in any permit obtained for such construction from the N.Y.State Department of Conservation or the U.S. Army Corps of Engineers) for each lot used for single-family residential purposes. 'Longer dock lengths may be approved by the Planning Board in accordance with the provisions of this Ordinance, when necessary to reach adequate water depths for proposed boat docking, while complying with all other standards contained in this section. (h) The maximum surface area of all piers, docks, and wharves permitted on a waterfront lot that is vacant or used for one or two family residential purposes 37 Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003 shall not, in the aggregate, exceed three hundred (300) square feet. (i) The number of piers, docks or wharves permitted on non-residential properties shall not exceed three (3) such structures per lot. Such docks shall not exceed a length, or be developed or configured on the site in a manner that adversely affects existing environmental conditions or natural features, including views, or negatively impacts navigation or riparian rights of adjacent littoral parcels. The construction of more than three (3) such structures per non-residential lot shall be subject to a determination by the Town Planning Board as part of the permit process, that such additional structures are needed to accommodate anticipated boat traffic and can be developed on the site without adversely affecting existing environmental conditions or natural features, or negatively impact navigation or riparian rights of adjacent littoral parcels. (j) Every pier, dock or wharf that is constructed shall have a minimum clearance or setback of twenty (20) feet from adjacent property lines, as extended from the shoreline, to allow adequate vessel access to neighboring waterfront parcels. In the case of parcels bounding a substantially straight shore line, docks and piers shall be located in the area fixed by projection of parcel lines lakeward at right angles from the shoreline. In the case of parcels bounding a concave or convex shoreline, docks and piers shall be located in the area fixed by projection of the parcel lines lakeward along the line bisecting the angle formed by the shoreline at its intersection with the parcel lines. Where such projections do not allow access to the line of navigability - that line marking the minimum depth for navigation -the converging lines shall instead run to the line of navigability. The line of navigability shall be divided among such parcels in proportion to their respective shares of the shoreline and permit all shoreline parcels practicable access to navigable water. (k) Piers, docks or wharves that extend one hundred (100) feet or more from the shore line must be lighted during the hours of darkness in such a manner so as to not constitute a hazard to navigation. (1) Lighting of the surface of any pier, dock or wharf shall be provided in such a manner so as not to produce any offensive glare when viewed from the water or the land. The use of low -mast lighting fixtures and deflector shields to direct the light downward shall be required to reduce or eliminate glare. (m) Commercial renting, leasing or operation of fishing piers, docks, wharves, boat launching ramps or similar waterfront structures and facilities shall be expressly prohibited in Lakefront Residential Districts. 2. Mooring buoys or facilities subject to the following restrictions: Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003 (a) Mooring buoys shall only be placed in connection with littoral parcels. Such buoys shall be placed only within an area parallel to and thirty (30) feet inward of the parcel lines extended lakeward at right angles from the shoreline, and to a depth necessary for safe mooring of a boat. (b) Moorings shall be placed so that objects moored to them, at full swing of their mooring or anchor line, will be no closer than ten (10) feet to the projection of the adjacent property lines from the shoreline. (c) The number of private moorings permitted per each waterfront lot shall not exceed the following: (i) 100 feet or less of water frontage: A total of one (1) such mooring. (ii) More than 100 feet up to 250 feet of water frontage: A total of two (2) such moorings. (iii) More than 250 up to 500 feet of water frontage: A total of three (3) such moorings. (iv) One (1) additional mooring is allowed for each 150 feet of water frontage in excess of 500 feet. (d) Nothing in this section is intended to require or permit activities which contravene any laws, rules, or regulations or permits of the United States or New York State, or any agency thereof, nor are any of the foregoing provisions intended to supercede any requirements for the obtaining of any. permits or approvals required by the United States or New York State, or any agency thereof. Section 706 - HEIGHT LIMITATIONS. In Lakefront Residential Zones, no building shall be erected, altered, or extended to exceed thirty-eight (38) feet in height from the lowest interior grade or thirty-six (3 6) feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed thirty (30) feet in height. Accessory buildings shall in no case exceed 20 feet in height. Section 707 - YARD REGULATIONS. In Lakefront Residential Zones yards of at least the following dimensions are required: Front Yard - not less than the average depth of the front yards of buildings on lots . immediately adjacent. however, the front yard depth shall not be less than 30 feet or need it be greater than 60 feet. 2. Rear Yard - not less than 50 feet in depth unless the rear yard is adjacent to the shoreline, in which event the rear yard shall be not less than 25 feet in depth. RE Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003 3. Side Yards - each not less than 20 feet in width, except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be 15 feet from a side line which is not a street line. 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. Accessory Buildings - In Lakefront Residential Zones accessory buildings other than garages may not occupy any open space other than a rear yard. Accessory buildings, in the aggregate, may occupy not more than 15 per cent of any required rear yard and, if other than a garage, shall be not less than 3 feet from any side or rear lot line. Notwithstanding the foregoing, a private garage that serves dwellings on two separate lots may be built across a common lot line with a parry wall by mutual agreement between adjoining property owners provided that there is at least one garage bay on each lot. Any accessory building on a corner lot shall not be less than 5 feet from the rear lot line. Where the average natural slope of a lot exceeds 8 per cent rise or fall directly from the street line, either a private garage not over one story in height and housing not in excess of 2 cars or a small accessory building not exceeding 20 square feet in floor area and not exceeding 12 feet in height, may be located in the front or side yard not less than 5 feet from said street line upon receiving a special approval from the Board of Appeals. 6. Minimum setback from shoreline - Notwithstanding the foregoing, any principal building, parking area or accessory structure, excluding such facilities as docks, piers, wharves, boat ramps, and boathouses, shall be located at least twenty-five (25) feet inland from the shoreline in order to maintain adequate access to the shoreline. The Planning Board, during site plan review, may establish a minimum setback of greater than twenty-five (25) feet based on due consideration by the Board of the preservation and protection of sensitive environmental features, and the maintenance of the wooded character of the shoreline area, as well as scenic views and vistas. Section 708 -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 709 - SIZE AND AREA OF LOT. Lots in Lakefront Residential Zones shall meet the following minimum requirements: Minimum lot area shall be at least fifteen thousand (15,000) square feet; and 2. Minimum width at the street line shall be 60 feet; and 3. Minimum width at the maximum required front yard setback line (60 feet from the street line) shall be 100 feet; and Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003 4. Minimum width at the shoreline, as measured in a straight line that is ninety degrees from a sideline at its point of intersection with the high water line of the lake to the other side line, shall be 100 feet; and 5. Minimum depth from the highway right of way shall be 150 feet. Section 710 - SPECIAL PROPERTIES. In the case of publicly owned properties located in Lakefront Residential Zones, which comprise at least 6 acres in area and are traversed by interior roads or driveways, the front and side yard requirements set forth above shall apply only along the exterior public street frontages and there shall be no rear yard requirements. The shoreline setback requirements shall remain. Section 711 - PARKING. Parking requirements shall be as set forth in Article XXVH. Section 712 - SPECIAL REQUIREMENTS. The following additional special requirements shall apply to Lakefront Residential Zones: 1. Filling, grading, lagooning, dredging, earth -moving activities, and other land use activities shall be conducted in such manner as to prevent to the maximum extent possible, erosion and sedimentation of surface waters. On slopes greater than 25%, there shall be no grading or filling within 100 feet of the shoreline unless (a) A permit for same is obtained pursuant to the fill permit provisions of this Ordinance or is issued by the Town of Ithaca Director of Engineering upon his determination that such grading or filling is necessary to protect the shoreline and to prevent erosion, or (b) Such grading and filling is in conjunction with construction pursuant to a building permit legally issued by the Town of Ithaca Director of Building and Zoning after the Town of Ithaca Director of Engineering has reviewed the proposed construction and any required or necessary erosion control measures and has determined that the conduct of such work will not adversely affect the shoreline. 2. In addition to the requirements of this Article, any construction, grading, or other activities shall be conducted only in accordance with any federal, state, or other local law or requirement pertaining to such activity, including any requirements of the N.Y. State Department of Conservation and the U.S. Army Corps of Engineers. ARTICLE VIII: LOW DENSITY RESIDENTIAL ZONES Section 800 - PURPOSE. The purpose of the Low Density Residential Zone is to provide an area of limited development where it is deemed most desirable in the Town to maintain larger lots for development and permit the possibility of continued agricultural use of the areas without limiting 41 Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003 the areas to solely agricultural uses. Section 801- PERMITTED PRINCIPAL USES. Only the following buildings or uses are permitted as a matter of right in a Low Density Residential Zone: 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. 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. Nursery or farm, except a hog farm. On site retail sales of farm and nursery products shall be subject to the provisions of Subdivision 8 of Section 803 below. Usual farm buildings are permitted, provided that: (a) Any building in which farm animals are kept shall be at least 100 feet from any lot line or street right of way. (b) No manure shall be stored within 100 feet of any lot line or street right of way. 4. Publicly owned park or playground including accessory buildings and improvements. Any municipal or public utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subj ect to the same set- back requirements as apply to residences in the district in which the substations or similar structures are constructed. 6. Day care homes, family day care homes and group family day care homes. 7. Community residence. Section 802 - PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The following uses are permitted in a Low Density Residential Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this Ordinance: 42 Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003 1. Church or other places of worship, convent and parish house. 2. Cemetery and the buildings and structures incident thereto. 3. Public library, public museum, public, parochial and private schools, daycare center, nursery school, and any institution of higher learning including dormitory accommodations. 4. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. 5. Golf course, driving range or miniature golf course. 6. Clinic and nursing or convalescent home, provided that no building so used shall be within 100 feet from any street or within 150 feet of the lot line of any adjoining owner. 7. Clubhouse or lodge, provided that no building so used shall be within 100 feet from any street or within 150 feet of the lot line of any adjoining owner. 8. Bed and breakfast. 9. Equestrian facility, provided that adequate provision is made to prevent nuisance to adjoining residences and provided (a) The lot size is at least two acres (three acres if public sewers are not available); (b) There is a non -occupied and non -used buffer of at least 50 feet around the perimeter of the lot; (c) Any building in which farm animals are kept shall be at least 100 feet from any lot line or street line; and (d) No manure shall be stored within 100 feet of any lot line or street line. Section 803 - PERMITTED ACCESSORY BUILDINGS AND USES, The following accessory buildings or uses are permitted as of right in a Low Density Residential Zone: 1. 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. 2. Where the principal use is as a one or two family dwelling, private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of 43 Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003 the occupants of the dwelling. Up to three accessory buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or larger, in which event the aggregate area of the accessory building may not exceed 2,000 square feet. 4. 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. 5. 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. 6. The keeping of domestic animals in accessory buildings, provided that no such building shall be nearer than 30 feet to any lot line of any adjoining owner, and further provided that there shall be no raising of fur -bearing animals, or kennels for more than 3 dogs over 6 months old. 7. Signs, as regulated by the Town of Ithaca Sign Law. 8. A roadside stand or other structure, not exceeding 500 square feet of enclosed space, for the display and sale of farm or nursery products related to farming and as a seasonal convenience 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. 9. Adult day care facilities serving no more than four clients at any one time. Section 804 - ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL APPROVAL ONLY. The following accessory buildings or uses are permitted in a Low Density Residential Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this Ordinance: Elder cottages pursuant to, and subject to, the provisions of Section 2601 of this Ordinance. 2. A second dwelling unit in a building other than the principal building, provided that (a) All of the general criteria set forth elsewhere in this Ordinance for the Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003 issuance of a Special Approval have been satisfied; (b) 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; (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 elder cottages or other buildings on the lot containing dwellings other than the building containing the primary dwelling and the building for which special approval is sought. Home occupation. Section 805 - ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL PERMIT ONLY. The following accessory buildings or uses are permitted in a Low Density Residential Zone, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this Ordinance: Equestrian facility, provided that adequate provision is made to prevent nuisance to adjoining residences and provided the lot size is at least two acres and there is a non - occupied and non -used buffer of at least 50 feet around the perimeter of the lot. Section 806 - HEIGHT LIMITATIONS. In Low Density Residential Zones, no building shall be erected, altered, or extended to exceed thirty-eight (3 8) feet in height from the lowest interior grade or thirty-six (36) feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed thirty (30) feet in height. Accessory buildings, other than a barn, shall in no case exceed 15 feet in height. Section 807 - YARD REGULATIONS. In Low Density Residential Zones yards of at least the following dimensions are required: ER Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003 Front Yard - not less than the average depth of the front yards of buildings on lots immediately adjacent. However, the front yard depth shall not be less than 30 feet or need it be greater than 60 feet. 2. Rear Yard - not less than 50 feet in depth. 3. Side Yards - each not less than 40 feet in width, except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be 15 feet from a side line which is not a street line. 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. Accessory Buildings - In Low Density Residential Zones accessory buildings other than garages may not occupy any open space other than a rear yard. Accessory buildings, in the aggregate, may occupy not more than 15 per cent of any required rear yard and, if other than a garage, shall be not less than 3 feet from any side or rear lot line. Notwithstanding the foregoing, aprivate garage that serves dwellings on two separate lots may be built across a common lot line with a party wall by mutual agreement between adjoining property owners provided that there is at least one garage bay on each lot. Any accessory building on a corner lot shall not be less than 5 feet from the rear lot line. Where the average natural slope of a lot exceeds 8 per cent rise or fall directly from the street line, a private garage not over one story in height and housing not in excess of 2 cars may be located in the front or side yard not less than 5 feet from said street line upon receiving a special approval from the Board of Appeals. Section 808 -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 809 - SIZE AND AREA OF LOT. Lots in Low Density Residential Zones shall meet the following minimum requirements: Minimum lot area shall be at least thirty thousand (30,000) square feet; and 2. Minimum width at the street line shall be 100 feet; and Minimum width at the maximum required front yard setback line (60 feet from the street line) shall be 150 feet; and 4. Minimum depth from the highway right of way shall be 200 feet. Section 810 - SPECIAL PROPERTIES. In the case of publicly owned properties, Eel Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003 properties of universities, colleges, cemeteries, or other private institutions, located in Low Density Residential Zones, which comprise at least 6 acres in area and are traversed by interior roads or driveways, the front, side, and rear yard requirements set forth above shall apply only along the exterior public street frontages and boundaries with adjacent properties. Section 811 - PARKING. Parking requirements shall be as set forth in Article XXV11. ARTICLE IX: MEDIUM DENSITY RESIDENTIAL ZONES Section 900 - PURPOSE. The purpose of the Medium Density Residential Zone is to create areas that are almost exclusively residential in nature where there is minimal intrusion of commercial, farming, or other activities that could be detrimental to residential development and occupancy. Section 901- PERMITTED PRINCIPAL USES. Only the following buildings or uses are permitted as a matter of right in a Medium Density Residential Zone: 1. 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. 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%. Publicly owned park or playground including accessory buildings and improvements. 4. 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. 5. Day care homes, family day care homes and group family day care homes. 6. Community residence. Section 902 - PRINCIPAL USES AUTHORIZED BY SPECIAL PERMIT ONLY. The following uses are permitted in a Medium Density Residential Zone, but only upon receipt of a 47 Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003 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, convent and parish house. 2. Cemetery and the buildings and structures incident thereto. 3. Public library, public museum, public, parochial and private schools, daycare center, nursery school, and any institution of higher learning including dormitory accommodations. 4. Fire station or other public building necessary to the protection of or the servicing of a neighborhood. 5. Golf course, driving range or miniature golf course. 6. Bed and breakfast facilities providing no more than two bedrooms for transients, unless the size of the lot on which the facility is located is at least 30,000 square feet, in which event up to four bedrooms may be used for transients. Section 903 - PERMITTED ACCESSORY BUILDINGS AND USES. The following accessory buildings or uses are permitted as of right in a Medium Density Residential Zone: 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. 2. Where the principal use is as a one or two family dwelling, private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the occupants of the dwelling. 3. Up to three accessory buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or larger, in which event the aggregate area of the accessory building may not exceed 2,000 square feet. 4. 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. 4. 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. Newzoneor2,December 8, 2003 version; wp80; JCB Zoning; Hal; printed November 20, 2003 6. Signs, as regulated by the Town of Ithaca Sign Law. 7. Adult day care facilities serving no more than four clients at any one time. Section 904 - ACCESSORY BUILDINGS AND USES AUTHORIZED BY SPECIAL APPROVAL ONLY. The following accessory buildings or uses are permitted in a Medium Density Residential Zone, but only upon receipt of a special approval for same from the Board of Appeals in accordance with the procedures set forth in this Ordinance: 1. Elder cottages pursuant to, and subject to, the provisions of Section 2601 of this Ordinance. 2. Home occupation. 3. A second dwelling unit in a building other than the principal building, 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 of the 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 15 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 elder cottages or other buildings on the lot containing dwellings other than the building containing the primary dwelling and the building for which special approval is sought. 4. The keeping of domestic animals in accessory buildings, provided that