No person shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto, which shall make such premises subject to erosion or flooding or which shall leave such premises without topsoil adequate for the establishment of vegetation typical to the area. Removal of topsoil in excess of the foregoing requirement shall be subject to approval and issuance of a permit therefor by the Director of Planning and Development or designee.

No lot grading or tree removal in connection with the construction of a building shall be undertaken until a building permit for such construction shall have been obtained. No natural watercourse or drainageway shall be altered by filling, excavating, tree removal or in any other manner without first obtaining the written approval of the City Engineer.

The height limitations of this chapter shall not apply to:

In no case shall the horizontal surface area covered or occupied by such feature exceed 20% of the total ground floor area of the building or 30% of the area of the roof plane on which it is located, whichever is less. If erected as a structure separate from a building existing on the premises, such structure shall conform to the area regulations of this chapter (§ 325-8 above) as to coverage (combined with other structures), lot size and yard dimensions, which shall be computed from the nearest point of any structural or supporting member, pole or guy wire to lot lines. In all cases, the surface area occupied by such feature shall be computed as the total area encompassed by a line enclosing the feature and any structural or supporting members on a horizontal plane at the point of attachment to the main building or to the ground.

Each required front, side and rear yard is increased one foot on the ground for each one foot of such additional height.

In all districts, the number of stories permitted may not be exceeded.

In each district, the number of additional feet may not exceed 10% of the maximum building height allowed in that district.

The provisions of § 325-16C, Subsections (1), (2) and (3) shall not apply in the U-1 Zone.

No building shall be erected in any of the areas designated "Gorge Protection Area A (no-build area)" on the map entitled "City of Ithaca U-1 Zone."

No building shall be erected that is greater than 50 feet in height in any of the areas designated "Gorge Protection Area B (fifty-foot-height area)" on the map entitled "City of Ithaca U-1 Zone" dated 5-20-1998, a copy of which map is on file in the Ithaca City Clerk's office.

No building shall be erected that is greater than 75 feet in height in any of the areas designated "Gorge Protection Area C (seventy-five-foot-height area)" on the map entitled "City of Ithaca U-1 Zone."

The restrictions contained in this subsection shall not apply to buildings less than 15 feet in height which are intended, designed and maintained as amenities to adjacent trails such as gazebos, rest rooms, etc.

The restrictions contained in this subsection shall not apply to existing buildings within the designated areas. Such existing buildings may be maintained and repaired, provided that their height and footprint are not enlarged so as to make the buildings noncompliant with the restrictions of this subsection.

No building shall be erected that is less than two stories or greater than five stories in any of the areas designated "WEDZ-1a" on the map entitled "Proposed West End Development Zoning District (WEDZ-1) Existing Conditions" dated November 1998, a copy of which is on file in the Ithaca City Clerk's office.

No building shall be erected that is greater than two stories in any of the areas designated "WEDZ-1b" on the map entitled "Proposed West End Development Zone (WEDZ-1) Existing Conditions" dated November 1998, a copy of which is on file in the Ithaca City Clerk's office.

The restrictions contained in this section shall not apply to buildings less than 15 feet (maximum) in height, such as gazebos and rest rooms, which are intended, designed and maintained as amenities for adjacent trails.

The restrictions contained in this section shall not apply to existing buildings within the designated areas. Such existing buildings may be maintained and repaired, provided that their height and footprint are not altered so as to make the buildings noncompliant with the restrictions of this subsection.

Minimum lot size (area in square feet): The required area in square feet needed to satisfy the minimum lot size requirement shall be 150% of the requirement shown on the District Regulations Chart for the R-3a or R-3b District.

Maximum building height: The maximum building height requirement shall be the same as the requirement for the abutting R-1a or R-1b District.

Maximum percent of lot coverage by buildings: The maximum percent of lot coverage by buildings shall be 75% of the requirement shown on the District Regulations Chart for the R-3a or R-3b District.

Yard dimensions, side or rear yards: The minimum required side or rear yard requirement shall be 150% of the requirement shown on the District Regulations Chart for the R-3a or R-3b District if the side or rear yard abuts land in the R-1a or R-1b District.

Required submissions and approvals.

General standards for all off-street parking areas, driveways and curb cuts.

Maximum number of off-street parking spaces required.

Location requirements; off-street parking areas. All required parking spaces provided pursuant to this section shall be on the same lot as the building, use or activity that they serve, or may be located off site on another lot or parcel other than the lot or parcel on which the use is located or conducted, provided that such off-site parking meets the distance and use district limitations as established below, is not located in an R-1 or R-2 zoning district, and receives a special permit pursuant to Article III.

Parking space, driveway, and driveway aisle size requirements.

In all residential districts, all front yard parking within 15 feet of the front property line is restricted to a motor vehicle orientation that is within 10° of perpendicular to the street.

In all residential districts, parking in the front yard of lots which have a width at the street line of 50 feet or less shall be restricted to parking within a driveway that is perpendicular to the street or that is within 10° of perpendicular to the street. Such driveway shall not be more than 12 feet wide for the portion that passes through the front yard.

In all residential districts, parking in the front yard of lots which have a width at the street line of more than 50 feet shall be restricted to an area not greater than 25% of the total area of the front yard, including turnaround and other vehicle maneuvering areas and driveways leading to garages and parking areas. The setback for any such parking area must meet the minimum front yard setback dimensions specified in § 325-8, District Regulations Chart,[3] for the zoning district in which the parking area is to be constructed.

In all residential districts, on corner lots with more than one front yard as defined in this Code, front yard parking according to the above provisions shall only be permitted on one of the front yards.

In all residential districts, where a parking area will use a front yard, the use of the front yard for parking and associated maneuvering space shall not exceed the amounts permitted by this section nor the amounts permitted by any other applicable provisions of this Code, including § 325-20D(3)(c). Any permitted front yard parking area shall have a clearly defined boundary as required by § 325-20D(2)(b), and the remainder of the front yard shall be landscaped as a green area in keeping with the surrounding neighborhood.

In all districts, when a parking area is established on a lot that does not contain a building, an area equivalent to the front yard that would be required if a building did stand on the site shall be kept free of parking (except for an access drive to the parking area). The area equivalent to the front yard that would be required if a building did stand on the site shall be landscaped in keeping with the surrounding neighborhood and shall be separated and protected from the parking area by a suitable fence or safe barrier. (See the more detailed screening requirements described below for parking areas within residential zoning districts.)

Required permits. A new or enlarged parking area, with the capacity for three or more parking spaces, on a lot within a residential zoning district requires site plan approval (see Chapter 276) and a building permit. Plans submitted must include a site plan drawn to scale with all existing and proposed green areas, parking areas, associated maneuvering areas and driveways clearly indicated and dimensioned, must indicate required screening, ground slope and drainage provisions and must include a calculation in square feet of the area of paving and the area of the yards in which paving already exists or is proposed to be constructed. No building permit shall be issued unless the requirements of § 325-20D(1) are met.

Screening. The entire parking area, except entrances and exits, shall be screened from public ways and adjacent properties. Screening devices shall be at least four feet high, except where they are within 10 feet of the entrance or exit, or within 20 feet of a property lot corner at a street intersection. Screening may consist of hedge planting, walls, fences, trellises or a compatible combination of these elements. Screening is not required where the parking area is screened from the view of adjoining properties by buildings or other accessory structures, or sufficiently dense vegetation located on the same parcel as the parking area. Similarly, screening is not required where buildings or accessory structures without windows or other openings facing the parking area or other such screening devices exist on neighboring parcels and effectively screen the parking area. However, upon removal of said building, accessory structure or other such screening device by the adjoining property owner, the required screening shall be installed within one year.

Maximum parking area coverage. In order to protect the character of residential areas, plans for parking areas with the capacity of three or more cars within residential zoning districts that permit three or more cars must conform to either the setback compliance method or the landscaping compliance method described respectively in § 325-20F(3)(a) and (b) below. Before applying for a variance from this requirement, an applicant must show that neither method is feasible. Such plans must also comply with all other general and specific standards of § 325-20 and with the District Regulations Chart.[4] Where turnarounds or other maneuvering spaces not required for access to parking spaces are provided that meet minimum size for a parking space, they shall be counted as a parking space for the purpose of this Subsection F(3).

Drainage. Surface or runoff water must be collected and transmitted or piped to the nearest storm sewer or, if a storm sewer is not available, then through underground piping to the street gutter, or provisions shall be made for stormwater retention or recharge. Stormwater drainage systems, including their connections to public stormwater facilities, shall be in accordance with this Code and with the provisions of Chapter 282, Stormwater Management and Erosion and Sediment Control, and shall be subject to approval by the City Engineer. The applicant must provide runoff calculations for the parking area for a two-year storm event and must calculate the appropriate pipe sizes and additional collection devices necessary to carry the water to the public stormwater system. When conditions warrant, the City Engineer may require installation of a sump in the last structure in a parking area runoff collection system prior to the delivery of stormwater to a public stormwater facility. Installation, maintenance and repair of any pipe delivering stormwater to a public stormwater facility shall be the responsibility of the property owner. Such installation, maintenance and repair within a public right-of-way shall only be performed with the written permission of the City Engineer.

Maintenance. The landscaping or other elements used to comply with § 325-20F shall be maintained, replaced or pruned as required to fulfill this section's standards, including provision of the required screening and compatibility with the surrounding residential neighborhood.

Access. The portion of access drives extending from the street to the sidewalk, or to the property line, if no sidewalk exists, must be hard-surfaced with concrete, brick, asphalt or other approved material as required by the City Engineer. Drives must be at least 10 feet wide and have clear visibility to the street. Edges of access drives shall be readily visible, and divisions between lanes on multilane access drives shall be marked.

Drainage. Surface or runoff water must be collected and transmitted or piped to the nearest storm sewer or, if a storm sewer is not available, then through underground piping to the street gutter, or provisions shall be made for stormwater retention or recharge. Stormwater drainage systems, including their connections to public stormwater facilities, shall be in accordance with this Code and with the provisions of Chapter 282, Stormwater Management and Erosion and Sediment Control, and shall be subject to approval by the City Engineer. The applicant must provide runoff calculations for the parking area for a two-year storm event and must calculate the appropriate pipe sizes and additional collection devices necessary to carry the water to the public stormwater system. When conditions warrant, the City Engineer may require installation of a sump in the last structure in a parking area runoff collection system prior to the delivery of stormwater to a public stormwater facility. Installation, maintenance and repair of any pipe delivering stormwater to a public stormwater facility shall be the responsibility of the property owner. Such installation, maintenance and repair within a public right-of-way shall only be performed with the written permission of the City Engineer.

Parking areas on nonresidential zoning district lots when such lots are contiguous to residential zoning district lots. A parking area on a nonresidential zoning district lot when such lot is contiguous to a residential zoning district lot shall be screened from the residential zoning district lot by a solid fence or wall at least six feet high, except within 10 feet of the parking area's entrance or exit. Such fence or wall shall be protected by wheel stops that prevent cars from damaging the fence or wall. Such screening is not required where the parking area is screened from the view of the adjoining residential property by a building or other accessory structure located on the same parcel as the parking area. Similarly, such screening is not required where a building or accessory structure without windows or other openings facing the parking area or other such screening device exist on adjoining residential parcels and effectively screen the parking area. However, upon removal of said building, accessory structure or other such screening device by the adjoining property owner, the required screening shall be installed within one year.

For the purpose of this section, "main campus" shall be defined as the area outlined on the map entitled "Main Campus Parking Inventory, Cornell University Planning Office, March 2006," or on any updated map as provided for in § 325-20I(7) below, a copy of which map is on file in the Ithaca City Clerk's office.

Notwithstanding anything contained herein to the contrary, the overall required parking spaces for the U-1 Zoning District shall be the difference between the basic required number of parking spaces and the number of credited spaces for participation in the Cornell University Transportation Demand Management (TDM) Program.

Only full-time undergraduate and graduate students, full-time employees and the full-time equivalents of each who are assigned to or have their primary place of study or work on the main campus shall be included in the above calculations. For the purpose of this section, "full-time undergraduate and graduate students" are defined as students enrolled in 12 credits or more per semester; "full-time employees" are defined as employees who are employed at least 35 hours per week; and "full-time equivalents" are defined as the number of part-time students or employees whose combined credit enrollment equals 12 credits per semester or whose combined hours of employment totals 35 hours per week.

It is the purpose of the requirement in Subsection I(2)(a)[4] and (b)[4] above to account for parking required for visitors, vehicles with handicapped permits, service vehicles, off-street loading, occasional parkers, and other miscellaneous parking demands.

Parking spaces need not be specifically designated or used as set forth in Subsection I(2) above so long as the total number of spaces is available.

Parking spaces required above may be provided at any place or places located on the main campus or any other locations within Tompkins County which are owned, rented or otherwise utilized for parking purposes by the institution or its affiliated institutions, without regard to municipal boundary. To be so counted, any parking spaces located outside the main campus must be utilized for parking by persons who are going to the main campus and must be connected by bus service to, or be within a reasonable walking distance of, the main campus. Any spaces located outside the main campus shall not be considered to satisfy the parking requirements established herein if they are being counted to satisfy the parking requirements of any other section of this chapter, or the parking requirements of any zoning ordinance of any other municipality, for uses other than those located on the main campus.

Parking spaces on the main campus shall be identified on the map, “Main Campus Parking Inventory, Cornell University Planning Office, March 2006.” The map shall provide the names of prominent buildings and roads for the sake of geographical reference, and shall provide inventory control numbers for parking areas along with the number of parking spaces in each of the control areas. The Main Campus Parking Inventory map shall be updated every five years following its original date in 2006 and shall be submitted to the Department of Planning, Building and Economic Development by April 15 of the year that an update is required.

The parking areas identified on the Main Campus Parking Inventory map shall also be listed on a parking inventory spreadsheet, which shall give the inventory control number and the number of spaces in each control area and shall also provide the total number of parking spaces on the main campus. The spreadsheet shall be updated every year and shall be submitted to the Department of Planning, Building and Economic Development by April 15 of each year. Accompanying the spreadsheet shall be a summary of the parking changes that occurred in the preceding year.

If the parking spaces in any given control area are not delineated by striping, then the total number of spaces shall be determined by using the parking space requirements outlined under § 325-20C(5) of the City of Ithaca Parking Ordinance.

Every year, by no later than April 15, Cornell University shall submit to the Department of Planning, Building and Economic Development a parking report that shall include:

Whenever 25 or more parking spaces on the main campus have been permanently deleted after the last report to the Department of Planning, Building and Economic Development, Cornell shall provide the Department of Planning, Building and Economic Development with a report stating where the spaces were removed as well as provide a statement indicating the total number of parking spaces remaining on the main campus.

Upon receipt of this parking report, the Director of Planning and Development or designee shall make a determination of compliance with regard to the requirements of this Subsection J, and shall submit the University’s report and her/his determination to the City of Ithaca Planning and Development Board for discussion and comment. Copies of the report and the determination of the Director of Planning and Development or designee shall also be provided to the Director of Planning, Town of Ithaca, and the Zoning Officer, Village of Cayuga Heights, for their information.

One space shall be made available for each use having 3,000 to 10,000 feet of floor space, plus one additional space for each additional 15,000 square feet or major fraction thereof of floor space in a single occupancy over and above 10,000 square feet. In no case shall more than four spaces be required for any use of a single occupancy.

Noise. Noise levels at any point along the lot line of any land use shall not exceed intensities considered acceptable by the American Standards Association. Sound or noise levels deemed by the ASA standards injurious or detrimental to adjacent land uses must be confined to the emitting land use.[1]

Smoke. No smoke shall be emitted in violation of any provisions of this Code.

Odor. No odor shall be emitted in violation of any provisions of this Code.

Ash, dust and dirt. No amount of soot, cinders, dust or dirt shall be emitted in violation of any provisions of this Code.

Glare and heat. No direct or reflected glare or heat from any source shall be detectable beyond the lot lines of any land use.

Pollution. No connection with any public sewer or appurtenance shall be made or maintained in such a manner that there may be conveyed or created any hot, suffocating, corrosive, flammable, poisonous or explosive liquid, gas, vapor, substance or material of any kind. No wastes conveyed to or allowed to flow in and through the sewer or appurtenance shall contain materials which contain or create deposits obstructing the flow in the sewer.

Vibration. No use shall be operated so that ground vibration is perceptible without instruments at any point along the lot lines of such uses.[2]

All production or processing of materials or substances shall be enclosed by a fence or other safe barriers for the public safety and visual screening.

All storage shall be effectively screened from the view of pedestrian passersby on any public way adjacent to the premises containing such storage.

Storage of waste products must be completely enclosed within a building or storage shed.

Outside display of finished or semifinished products must be effectively screened from the view of pedestrian passersby on any public way adjacent to the premises on which such products are displayed.

Preserve housing affordability and availability in the long-term rental and homeownership markets.

Permit owners and long-term leaseholders to generate additional income from their properties.

Protect the health and safety of guests staying in short-term rentals.

Increase lodging supply during peak demand periods.

Ensure compliance with the City's hotel occupancy tax.

Reduce the negative impacts of short-term rentals on neighbors.

Short-term rentals are permitted only in zones in which residential uses are allowed.

A short-term rental operating permit may only be issued for a property that is the primary residence of the host.

Short-term rentals are only permitted in:

Prior to advertising or offering a short-term rental, every host is required to hold a valid short-term rental operating permit issued by the Director of Planning and Development. Each unit that will be used as a short-term rental must have a separate short-term rental operating permit. Each operating permit is subject to its own fee.

Only natural persons shall be eligible to receive a short-term rental operating permit. Corporations, limited liability companies, trusts, and other such entities are prohibited from advertising or offering short-term rentals, serving as hosts, and/or receiving a short-term rental operating permit.

There shall be no limit on the number of days for which a dwelling unit may be offered or rented for short-term rentals pursuant to a valid short-term rental operating permit, provided that the host(s) maintain their primary residence on the property.

Hosts must submit a completed short-term rental operating permit application on a form approved by the Director of Planning and Development, along with all additional materials required by the Director. Such additional materials may include, but shall not be limited to:

The Director of Planning and Development shall review the application and confirm that it meets the requirements set forth in § 325-27D. Upon completion of this review, including verification of a valid certificate of compliance as required by Chapter 210, Housing, of the City Municipal Code, the Director shall issue the short-term operating permit for a period of one year.

Short-term rental operating permits are nontransferable and valid only for the dwelling unit(s) and host(s) for which they are issued.

Upon expiration of a short-term rental operating permit, the host shall be required to apply to renew the short-term rental operating permit prior to offering further short-term rentals at the property.

An application to renew a short-term rental operating permit may be submitted and approved prior to the expiration of an in-force short-term rental operating permit.

A valid certificate of compliance must be maintained for the rental period covered by the short-term operating permit.

All required City and County hotel occupancy taxes must be remitted as required by Chapter 105, Room Occupancy Tax, of the City of Ithaca Municipal Code.

Occupancy of a short-term rental shall never exceed the maximum occupancy stated on the certificate of compliance.

Hosts must post the following information in the main entryway of each dwelling unit used as a short-term rental:

Hosts must include their short-term rental operating permit number in all short-term rental listings.

Hosts must provide the name, phone number, and email address of a local contact who will be physically present within Tompkins County for the duration of a short-term rental and who shall promptly respond to the property should an issue arise or a complaint be filed.

Failure to meet any requirement of the Short-Term Rental Ordinance shall result in the immediate revocation of the short-term rental operating permit.

A short-term rental operating permit shall be revoked if, on two or more dates within a six-month period, the use of the permitted property as a short-term rental is associated with any conviction for one or more violations of the Ithaca City Code, the New York Penal Law, or the New York Alcoholic Beverage Control Law.

Any host that has had a short-term rental operating permit revoked shall be ineligible to apply for a short-term rental operating permit at any property for a period of three years from the date of any such revocation.

Hosts must apply to renew their short-term rental operating permit each year by submitting a completed renewal application and all requested documentation to the Department of Planning and Development.

If the host's certificate of compliance remains valid, the host must submit an Affidavit of Compliance stating that the short-term rental units continue to meet the conditions of approval. If the certificate of compliance has expired, a new certificate of compliance must be issued before the permit is renewed.

Hosts must be current on all required occupancy taxes before their permits are renewed.

It shall be a violation for any property owner who is not a natural person to rent, offer, or advertise, or to assist or permit any rental, offering, or advertising, of a short-term rental.

It shall be a violation to rent, offer or advertise a short-term rental without a valid short-term rental operating permit. The existence of an advertisement at any time during a calendar day constitutes a violation. Each day that an advertisement is in existence or that a property is rented or offered for short-term rental shall constitute a separate violation.

It shall be a violation to rent, offer, or advertise a short-term rental without a valid certificate of compliance. Each day that a property is rented, offered, or advertised for short-term rental without a valid certificate of compliance shall constitute a separate violation.

It shall be a violation to rent, offer, or advertise a short-term rental if a valid short-term rental operating permit number is not included prominently in the advertisement. Each day that an advertisement is in existence or that a property is rented or offered for short-term rental without including a valid operating permit number shall constitute a separate violation.

It shall be a rebuttable presumption that advertising was caused or permitted by the property owner or performed on behalf of the property owner. A sworn statement indicating that such information existed on a day shall be prima facie evidence of that information.

It shall be a rebuttable presumption that the price listed in a short-term rental advertisement is the price at which the short-term rental is being advertised or offered, including rent, fees, and other such charges. A sworn statement indicating that such information existed on a day shall be prima facie evidence of that information.

If a property or host is found to be in violation of any provision of this section, the owner of the property and/or the host shall be strictly liable of the offense, he penalty for each violation shall be the greater of the penalties provided in § 325-47, Penalties, of the Municipal Code of the City of Ithaca or the aggregate daily rental charge of the short-term rental advertised or offered. The aggregate daily rental charge shall be the highest price that a short-term rental is advertised or offered for per day, inclusive of rent, fees, and any other charge that would be imposed upon a prospective tenant. For violations occurring over multiple days, the highest aggregate daily rental charge advertised or offered for any such day shall be the per diam penalty for each such day that the property is advertised or offered.

In addition to any penalty imposed by a court of competent jurisdiction, a host found to be in violation of any provision of this Short-Term Rental Ordinance shall be ineligible to apply for a short-term rental operating permit for a period of three years from the date of conviction.

Any person aggrieved by any decision of the Director pursuant to the provisions of this section may appeal such decision to the Board of Zoning Appeals, as provided in § 325-37 of the Municipal Code of the City of Ithaca. This appeals process shall not apply to prosecutions or other legal proceedings brought in the name of the City or the People to enforce the provisions of this section.

Create new housing units while respecting the look and scale of traditional residential development.

Support more efficient use of existing housing stock, accessory structures, and infrastructure.

Offer environmentally friendly housing choices with less average space per person and smaller associated carbon footprints.

Provide housing that responds to changing family needs, smaller households, and increasing housing costs.

Provide accessible housing for seniors and persons with disabilities.

Encourage an alternative type of housing that addresses a gap in the middle market.

A maximum of one ADU is allowed per parcel.

There shall be no off-street parking requirement for an ADU.

An ADU may have a maximum of two bedrooms.

ADUs may not be located in the primary front yard.

An ADU may be leased separately but may not be sold separately from the primary structure.

A parcel may not be subdivided to separate an ADU from the primary structure with which it is associated.

All ADUs shall meet the following size requirements:

All ADUs shall meet the following setback requirements:

There are adverse secondary impacts associated with the establishment and operation of adult-oriented businesses within a community;

Among these adverse secondary impacts are a deterioration in the local quality of life, an adverse effect upon local property values, an adverse effect upon local economic viability, an imposition, whether intentional or unintentional, of exposure to adult-oriented expression undesired by neighbors, pedestrians and passersby, an increase in traffic, noise, litter and nuisance, criminal and illicit sexual behavior, a threat to the health and safety of children and young adults and an undermining of the established sense of community;

These adverse secondary impacts of the establishment and operation of adult-oriented businesses are a threat to the general health, safety and economic viability of the community;

The unregulated establishment and operation of adult-oriented businesses would lead to the widespread imposition of adverse secondary impacts upon the residents, businesses, economic viability, property values, and quality of life of the City and would therefore be detrimental to the general health, safety and economic viability of the community;

The United States Constitution, and the Constitution and laws of the State of New York grant to the City of Ithaca the powers, especially police powers, to enact reasonable legislation and measures to regulate the location and operation of adult-oriented businesses, hereinafter defined, in order to protect the general health, safety and economic viability of the community.

It is the express intent of the City of Ithaca in adopting this section to:

It is not the intent of the City of Ithaca in adopting this section to:

Aware that, according to numerous decisions by both federal courts and courts of the State of New York, the regulation of the location of adult businesses must be based upon a finding of the adverse secondary impact of these businesses upon the community and must be directed solely toward the mitigation of these impacts, not be directed toward any form of speech or expression, be no broader than necessary and must provide alternative locations within the City for adult use businesses, the City of Ithaca hereby adopts this amendment to its City Zoning Law.

Adult uses may only be located within the Adult Use Overlay Zone, as shown on the Official City Zoning Map.

Adult uses may not be located, when initially opened as, or converted to, an adult use:

Lighting throughout an adult use establishment shall be sufficient to illuminate every place to which patrons are permitted access.

Any and all booths, cubicles, studios, studies and rooms for the private viewing of adult motion pictures and/or live performances or areas shall:

All adult use establishments shall be subject to Chapter 272 entitled "Signs," of the Code of the City of Ithaca.

All adult use establishments, when initially opened as, or converted to, an adult use shall be subject to Chapter 276 entitled "Site Plan Review," of the Code of the City of Ithaca and shall be subject to appropriate landscaping as determined in the site plan review process.

SW-1: A minimum of 60% of a lot's street frontage must be occupied by a building or buildings with a maximum setback of 30 feet from the curb. The Planning Board may allow a portion, not to exceed a third of the required sixty-percent-building frontage, to be occupied by an integrated architectural wall.

SW-2: A minimum of 35% of a lot's street frontage must be occupied by a building or buildings with a maximum setback of 34 feet from the curb and a minimum setback of 15 feet. The Planning Board may allow a portion, not to exceed a third of the required thirty-five-percent-building frontage, to be occupied by an integrated architectural wall.

SW-3: Same as SW-2.

Alternative building setback in all Southwest Zoning Districts: In lieu of compliance with § 325-29.2B(1) through (3), a building may have a minimum setback of 100 feet measured from the nearest curb of a public street.

SW-1: Retail store size must be a minimum of 5,000 square feet, with the exception of individual freestanding structures having only one tenant, food establishments, banks and light industrial uses. A freestanding structure is considered one that has a minimum of 50 feet of separation from any other building. For buildings with multiple tenants, each retail space must be at least 5,000 square feet, except that in any one building, there may be one tenant with square footage of less than 5,000 square feet.

SW-2: None.

SW-3: Same as SW-1.

No dumpster may be placed or allowed to remain on any properties in the R-1 or R-2 Zoning District except pursuant to a variance from the Board of Zoning Appeals, as provided by this section. Dumpsters for which variances are granted must be out of the public view or meet all of the screening requirements of Subsection C(7) hereof and may be located in front yards only if the Board of Zoning Appeals finds there is no practical alternative location.

Dumpsters may be placed and allowed to remain on properties in the R-3 or R-U Zoning District if they are out of the public view or meet all of the screening requirements of Subsection C(7) hereof. Screened dumpsters may not be placed or allowed to remain in place in front yards unless the Board of Zoning Appeals finds there is no practical alternative location and grants a variance, as provided by this section.

A dumpster in the R-1, R-2, R-3 or R-U Zoning District can serve only the property on which it is located and can serve only one property.

All dumpsters must have tightly fitting covers that are kept closed at all times except when the dumpster is in the process of being filled or emptied. Garbage, recyclable materials, and other solid waste must be completely contained within the dumpster and shall not accumulate so that the dumpster cover cannot be firmly closed.

Dumpsters shall not be located in any area that the City Code requires must be constructed or maintained unencumbered to comply with fire, building or public safety laws or requirements.

All dumpsters shall have the name and telephone number of the company or individual owning such dumpster clearly printed, in letters at least three inches high, on either the front or back of the dumpster.

Dumpsters in the R-1, R-2, R-3 or R-U Zoning District that are located in the public view must meet the following screening requirements:

Property owners in the R-3 or R-U Zoning District who have dumpsters on their property as of the effective date of this subsection and who intend to comply with this section by screening the dumpster shall have one year from the effective date of this subsection to complete the plantings or the construction of the enclosure or partial enclosure and other related construction requirements.

Property owners in the R-1 and R-2 Zoning Districts who have dumpsters on their property as of the effective date of this subsection, apply for a variance from the Board of Zoning Appeals within 60 days of the effective date of this subsection, and obtain a variance from the Board of Zoning Appeals to maintain a screened dumpster shall have one year from the date of the variance to complete the plantings or the construction of the enclosure or partial enclosure and other related construction requirements.

Need for the dumpster: the number of tenants to be serviced by the dumpster and the availability of alternative methods of solid waste storage and disposal.

Proximity to neighbors: the proximity of the proposed dumpster to neighboring properties and residences.

Other dumpsters: other dumpsters in the vicinity of the proposed dumpster.

The character of the neighborhood: The proposed use shall not be detrimental to the general amenity or neighborhood character so as to cause a devaluation of neighboring property values or material inconvenience to neighboring inhabitants or material interference with the use and enjoyment by the inhabitants of the neighboring property.