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HomeMy WebLinkAbout2003 Zoning MapTOWN 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