Ithaca Town City Zoning Code
ARTICLE XIII
Commercial Zones Generally
§ 270-113 Purpose.
The purpose of the establishing Commercial Zones and the following regulations is to establish certain areas where retail businesses and other commercial uses of land will be encouraged and to establish standards by which development in these areas shall occur.
§ 270-114 Permitted accessory uses.
Permitted accessory uses in all Commercial Zones shall be the following:
A.
Automobile parking and off-street loading areas, subject to the further requirements of this chapter.
B.
Accessory storage buildings, but not to include outside storage.
C.
(Reserved)[1]
[1]
Editor’s Note: Former Subsection C, which set forth signs as a permitted accessory use, was repealed 8-7-2017 by L.L. No. 12-2017.
D.
The dwelling of a guard, caretaker or custodian but not more than one dwelling unit per building.
E.
Child day-care centers upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter.
F.
Where the use is as a dwelling, home occupations, subject to the limitations on home occupations set forth in § 270-219.2.
[Added 2-12-2007 by L.L. No. 1-2007]
G.
Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3.
[Added 8-13-2007 by L.L. No. 7-2007]
H.
Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4.
[Added 8-11-2008 by L.L. No. 13-2008]
I.
Electric vehicle charging station.
[Added 8-12-2024 by L.L. No. 7-2024]
§ 270-115 Minimum area for commercial zone.
[Amended 1-4-2011 by L.L. No. 3-2011]
A minimum tract of two acres is required for the development of a Commercial Zone except for developments in the following zones:
A.
A Neighborhood Commercial Zone, for which the minimum tract required is one acre;
B.
A Vehicle Fueling and Repair Zone, for which the minimum tract required is 30,000 square feet; and
C.
A Limited Historic Commercial Zone, for which the minimum tract required is 15,000 square feet.
§ 270-116 Height limitations.
Except as may be specifically otherwise authorized in this chapter, in Commercial Zones no building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, and no structure other than a building shall exceed 30 feet in height.
§ 270-117 Yard regulations.
A.
Except as may be specifically otherwise authorized in this chapter, in Commercial Zones yards of at least the following dimensions are required:
(1)
Front yard: Not less than 50 feet in depth.
(2)
Rear yard: Not less than 30 feet in depth.
(3)
Side yards: None required with respect to buildings all on the same lot, but not less than 30 feet from any structure to a side property line.
(4)
Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard requirements.
B.
The foregoing requirements may include any required buffer areas and shall not be in addition to any required buffer areas.
§ 270-118 Building area.
[Amended 1-4-2011 by L.L. No. 3-2011]
The maximum building area shall not exceed 30% of the lot area, except in a Limited Historic Commercial Zone, in which the maximum building area shall not exceed 25% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage.
§ 270-119 Minimum usable open space.
Minimum usable open space shall be not less than 30% of the lot area. For this purpose "usable open space" shall mean that portion of the lot area not covered by any structure (as defined in Article III) or driveway, and generally intended to be occupied by suitable vegetation or landscaping.
§ 270-120 Size and area of lot.
[Amended 1-4-2011 by L.L. No. 3-2011]
A.
Lots in all Commercial Zones except Limited Historic Commercial Zones shall meet the following minimum requirements:
(1)
Minimum lot area shall be at least 30,000 square feet if public sewer facilities are available; otherwise the minimum lot area shall be at least two acres; and
(2)
Minimum width at the street line shall be 100 feet; and
(3)
Minimum width at the maximum required front yard setback line (50 feet from the street line) shall be 150 feet; and
(4)
Minimum depth from the street line shall be 200 feet.
B.
Lots in Limited Historic Commercial Zones shall meet the following minimum requirements:
(1)
Minimum lot area shall be at least 15,000 square feet; and
(2)
The minimum width at the street line, the minimum width at the maximum required front yard setback line, and the minimum depth from the street line shall be those required by the zoning district in which the property was located immediately prior to the adoption of the Limited Historic Commercial Zone.
§ 270-121 Parking.
Parking requirements shall be as set forth in Article XXVII.
§ 270-122 Additional special requirements.
Additional special requirements include the following:
A.
Off-street loading. At least one off-street loading space shall be required for each 20,000 square feet of floor area, including basement.
B.
Access and sidewalks. Access drives shall be paved with blacktop, concrete, or other solid material, and, if business is to be carried on in the evening, shall be adequately lighted. All outdoor lighting must comply with the requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code. Driveways and walkways shall provide safe access, egress and traffic circulation within the site. The placement, size and arrangement of access to public streets shall be subject to the approval of the appropriate highway authority. Unless waived by the Town Board or Planning Board for good cause shown, sidewalks shall be installed by the developer of any commercial zone (except Lakefront Commercial Zones) simultaneously with construction of any commercial buildings on any site.
[Amended 10-16-2006 by L.L. No. 12-2006]
C.
Buffer areas and screening.
[Amended 1-4-2011 by L.L. No. 3-2011]
(1)
The following buffer requirements apply in all Commercial Zones except Limited Historic Commercial Zones. No structure shall be placed closer than 50 feet to any residence zone and 30 feet to any other zone. A strip at least 10 feet wide within such buffer area shall be suitably planted to screen a Commercial Zone from present or future residences, or a suitable screening fence shall be erected.
(2)
The following requirements apply in all Commercial Zones. No waste or refuse shall be placed outside any building in a Commercial Zone except that an area common to all businesses, or a separate area for each business may be reserved at the rear of the structure or structures. These areas shall contain bins, or other receptacles adequate to prevent the scattering of waste and refuse, and shall be planted or fenced so as to be screened from the public view. Such area and receptacles shall not be located in any applicable buffer area as set forth above. No refuse shall be burned on the premises.
D.
Additional screening. In addition to the landscaping, screening, fencing and buffer requirements set forth above, in all Commercial Zones (including the Limited Historic Commercial Zone) additional landscaping, fencing, screening, or earth berm may be required to be provided by the Planning Board in the site plan review process in any area where the proposed structure or use would, in the reasonable opinion of the Planning Board, create a hazardous condition or would detract from the value of neighboring property if such landscaping, fencing, screening, or earth berm were not provided.
[Amended 1-4-2011 by L.L. No. 3-2011]
E.
Supplemental limitations. In the event that any of the uses permitted in any of the Commercial Zones involve small-scale assembly, repair, processing, fabrication, or cooking, such activity shall create no objectionable noise, smoke, odor, vibration or disorder beyond the lot lines of said businesses.
[Amended 1-4-2011 by L.L. No. 3-2011]
F.
Displays. In all Commercial Zones except Vehicle Fueling and Repair Commercial Zones, no outside displays shall be permitted unless otherwise specifically authorized by this chapter.
§ 270-123 Drive-through operations.
[Amended 1-4-2011 by L.L. No. 3-2011]
Drive-up or drive-through facilities are not allowed in a Commercial Zone unless the provisions applicable to the zone specifically state they are allowed. The inclusion of a use that may occasionally or often have a drive-up or drive-through facility associated with it, such as a bank, does not authorize drive-up or drive-through facilities for that use without a specific statement in the provisions applicable to the zone that such facilities are allowed.
§ 270-124 Site plan approval.
No building permit shall be issued for a building or structure within a Commercial Zone unless the proposed building is in accordance with a site plan approved pursuant to the provisions of Article XXIII of this chapter.