Ithaca Town City Zoning Code
ARTICLE XXVII
General Provisions
§ 270-220 Building floor area.
[Amended 12-11-2017 by L.L. No. 20-2017]
No dwelling in any zone shall be erected or altered so as to provide for less than 300 square feet of net enclosed floor area.
§ 270-221 Side yard on corner lot.
On a corner lot in a residence zone the yard width on the side street shall be at least 1/2 the required front yard for adjoining properties on the side street, but in no event less than 10 feet On a corner lot in any other zone, the yard depth on both streets shall be equal to the required front yard for adjoining properties on both streets.
§ 270-222 Porches and carports.
In determining the percentage of building coverage or the size of yards for the purpose of this chapter, porches and carports, open at the sides but roofed, shall be considered a part of the building.
§ 270-223 Fences and walls; retaining walls.
[Amended 11-9-2009 by L.L. No. 14-2009; 11-9-2020 by L.L. No. 6-2020; 6-26-2023 by L.L. No. 10-2023]
A.
Fences and walls.
(1)
Except as otherwise specified in Subsection A(2) through (10) below or in other provisions of this chapter, fences and walls up to six feet high are permitted as of right in all zones and in all locations, including yards, setbacks and buffer areas, notwithstanding any other provisions of this chapter.
(2)
A fence or wall may be built up to a common lot line but may not encroach on the adjoining property nor interfere with adequate sight distance for vehicles exiting from driveways on the parcels sharing the common lot line.
(3)
Fences and walls that have any portion located less than 10 feet from a street right-of-way line shall have maximum heights as follows:
(a)
Three feet, if less than 50% of the fence or wall face is open when viewed from a position at a right angle to the fence or wall;
(b)
Four feet, if at least 50% of the fence or wall face is open when viewed from a position at a right angle to the fence or wall;
(c)
Fences and walls that do not meet the above criteria may have a maximum height of six feet, but only upon receipt of a special approval for same from the Board of Appeals, or (in those instances where site plan approval is required by this chapter for a development or activity) upon receipt of a special permit for same from the Planning Board, in accordance with the procedures set forth in this chapter.
(4)
Fences and walls are not allowed within public street right-of-way lines without written permission from the public entity that holds the right-of-way.
(5)
Deer fences up to eight feet in height are permitted as of right in all zones and in all locations, including yards, setbacks and buffer areas. Building permits are required for deer fences exceeding six feet in height.
(6)
Fences and walls up to eight feet in height are permitted as of right in all locations, including yards, setbacks and buffer areas, for lawful farm operations. Building permits are required for fences and walls exceeding six feet in height.
(7)
Fences and walls up to eight feet in height are permitted as of right in all locations, including yards, setbacks and buffer areas, in light industrial zones and industrial zones. Building permits are required for fences and walls exceeding six feet in height.
(8)
Barbed wire; electrification.
(a)
The use of barbed wire or electrification, or any other material or device that could reasonably be expected to cause injury upon human contact, is prohibited except when used on:
[1]
Fences and walls used for lawful farm operations;
[2]
Fences and walls used in conjunction with the keeping of domestic animals in accessory buildings; or
[3]
Fences and walls in light industrial zones or industrial zones.
(b)
Electrification may be used for fences constructed or installed wholly underground that are designed to keep pets in yards.
(9)
Fences shall be erected with the finished side (if any) facing the street and abutting properties, and with backers, supports, and posts on the inside of the fence, unless they constitute an integral part of the finished side, or unless the fence is of the type that requires posts to be placed in an alternating pattern inside and outside the fence to maintain stability.
(10)
Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed fences and walls. Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in § 270-191 of this chapter are met, including but not limited to proposed changes to or additions of fences or walls where such changes or additions meet a § 270-191 threshold.
(11)
Fence and wall heights shall be measured vertically from the natural grade to the top of the fence or wall at each point along the fence or wall.
(12)
Traditional neighborhood development. In an NT-3, NT-4, NT-4u, or NT-5 zone, New Neighborhood Code requirements for fence location, height, and design apply. (See § 272-505.)
(13)
Ground-mounted photovoltaic solar energy systems. Town Code § 270-219.1's design standards, and requirements for fences for mechanical equipment and structures for energy storage system components, apply.
B.
Retaining walls.
(1)
Except as otherwise specified in Subsection B(2) through (7) below or in other provisions of this chapter, retaining walls of any height are permitted as of right in all zones and in all locations, including yards, setbacks and buffer areas.
(2)
Retaining walls or portions thereof that run substantially parallel to an adjoining property line and are within five feet of the property line shall not exceed three feet in height and shall be limited to one in number along each property line, except upon receipt of a special approval for higher or additional walls from the Board of Appeals, or (in those instances where site plan approval is required by this chapter for a development or activity) upon receipt of a special permit for same from the Planning Board, in accordance with the procedures set forth in this chapter.
(3)
A retaining wall may be built up to a common lot line but may not encroach on the adjoining property nor interfere with adequate sight distance for vehicles exiting from driveways on the parcels sharing the common lot line.
(4)
Retaining walls are not allowed within public street right-of-way lines without written permission from the public entity that holds the right-of-way.
(5)
Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed retaining walls. Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in § 270-191 of this chapter are met, including but not limited to proposed changes to or additions of retaining walls where such changes or additions meet a § 270-191 threshold.
(6)
Retaining wall heights shall be measured vertically from the natural grade to the top of the retaining wall at each point along the retaining wall.
(7)
Building permits are required for certain retaining walls as specified in § 125-5A(6).
§ 270-223.1 Terraces, steps, and unroofed structures.
[Added 11-9-2009 by L.L. No. 14-2009]
The provisions of this chapter shall not apply to terraces, steps, unroofed porches, or other similar features not over three feet above the level of the floor of the ground story or three feet above grade, whichever is lower.
§ 270-224 Projections in yards.
A.
Every part of a required yard shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, pilasters, leaders, chimneys, cornices, eaves and ornamental features, provided that no such projection may extend more than four feet into any required yard.
B.
Bays including their cornices and eaves, may extend not more than four feet into any required yard provided that the sum of such projections on any wall shall not exceed 1/3 the length of such wall.
C.
An open fire balcony or fire escape may extend not more than four feet into any required yard.
§ 270-225 Reduction of lot area.
No lot shall hereafter be reduced or altered so as to result in a lot or structure that does not meet the minimum area and yard requirements of this chapter. In the event a lot upon which stands a building is changed in size or shape, without an appropriate approval or variance, so that the area and yard requirements of this chapter are no longer complied with, such building shall not thereafter be occupied or used until it is altered, reconstructed or relocated so as to comply with these requirements. The provisions of this Section shall not apply when a portion of a lot is taken for a public purpose.
§ 270-226 More than one building on a lot.
Other than in a Multiple Residence Zone, there shall not be more than one principal building on any lot in any residential zone (the term "residential zone" for the purposes of this section means Low Density, Lakefront, Medium Density, High Density, and Multiple Residential Zones and Conservation Zones). When there is more than one principal building on a lot in any nonresidential zone or in a Multiple Residence Zone, the space between such buildings must be at least equal to the sum of the side yards, or the sum of the rear and the front yards, as the case may be, calculated as if each building was located on its own individual lot in such zone.
§ 270-227 Parking facilities.
A.
All zones. The following provisions apply to all zones unless there are express provisions applicable to a specific zone set forth below or elsewhere in this chapter, in which event the express provision shall govern.
(1)
If permitted or existing in a zone, the following uses shall be provided with the following off-street parking facilities:
(a)
School or other educational institutions: Two spaces for each class room.
(b)
Hospital, sanitarium or nursing or convalescent home: One space for each two beds.
(c)
Medical clinic: Four spaces for each doctor, or for each office in which a medically-trained person is regularly in attendance, whichever figure is larger.
(d)
Rooming house, tourist house or bed-and-breakfast: One space for each room offered to rent.
(e)
Fraternity or sorority house or membership club: One space for each four beds, or one space for each five members, whichever figure is larger.
(f)
Churches or other houses of worship: One space for each four seats or one space for each five members, whichever figure is larger.
(g)
Research and development facilities: One space for each 300 square feet of gross floor area or one space per employee, whichever yields the higher number of spaces.
(h)
Multifamily dwellings: Every building in any zone housing or designed to house more than two families shall provide in connection with it and on the same lot garage space or off-street parking space for automobiles equivalent to the number of dwelling units provided in such dwellings, plus one space for every three dwelling units.
(2)
Notwithstanding any other provisions of this chapter, if an existing or proposed project permitted in any zone (including the uses set forth in Subsection A(1) above as well as the uses referred to in various zones referenced below) meets the following criteria, the Planning Board may authorize the required minimum number of parking spaces to be reduced by no more than 20%. The criteria are: that the reduction in the number of parking spaces will not adversely affect traffic flow on the project site, will leave adequate parking for all of the reasonably anticipated uses or occupancies in the project, and will not otherwise adversely affect the general welfare of the community.
(3)
If the Planning Board permits a reduction in the required number of parking spaces, the Planning Board may impose such reasonable conditions as may, in the judgment of the Planning Board, be necessary to assure that such reduction will meet the criteria set forth above. In any event, unless expressly waived by the Planning Board, such reduction shall be subject to the following additional conditions:
(a)
Any space that is made available by the reduction in the required number of parking spaces may not be used for construction of any structures.
(b)
Any land made available by virtue of such reduction be landscaped with grass or other vegetation approved by the Planning Board.
(c)
If, any time within five years after construction of the project is completed (completion of construction to be the date a permanent certificate of occupancy or certificate of compliance has been issued by the Town for the entire project), the parking is found to be inadequate because:
[Amended 5-12-2014 by L.L. No. 9-2014]
[1]
The demand for parking spaces on the project site exceeds on more than two occasions annually the number of parking spaces available; or
[2]
The traffic flow through the parking area creates an undesirable or hazardous condition by reason of the reduction of parking spaces; or
[3]
There is repeatedly undue congestion in the parking areas by reason of the reduction of parking spaces;
Then the developer or subsequent owner of the project will install additional parking spaces up to the minimum number that would have been otherwise required by the terms of this chapter without granting any reduction. Unless waived by the Planning Board, the granting of the requested reduction in parking shall be conditioned on the developer or applicant executing an agreement in form acceptable to the Planning Board and acceptable for recording in the Tompkins County Clerk's office agreeing to install the additional parking spaces as may be required by the above conditions. |
(d)
In the event there is (whether before or after the five-year period set forth above) any significant change in use, or a subdivision of the project site, or a sale of a portion of the site, with respect to which a reduction in the required number of parking spaces has been granted, such change, subdivision, or sale may be conditioned upon a requirement that additional parking spaces be required up to the minimum that would have otherwise been required but for the reduction granted pursuant to these provisions.
(e)
Parking spaces shall be surfaced with blacktop, compacted gravel, or other dust-free material, and must be graded so as to drain properly.
(4)
The Planning Board, in conducting site plan reviews, is authorized, for good cause shown and providing there is no adverse effects on the project, on the surrounding properties, or on the neighborhood, to allow a reduction of the standard size of a parking space to less than the otherwise required 180 square feet, exclusive of circulation and turning areas.
B.
All zones except Mobile Home Park Zones:
(1)
If permitted or existing in a zone, the following uses shall be provided with the following off-street parking facilities:
(a)
One- and two-family dwellings: Two garage or off-street parking spaces for each dwelling unit. No parking shall be located more than 200 feet from the dwelling unit it is intended to serve. Notwithstanding any other provision herein, off-street parking spaces outside of garages may be located in any required front yard provided that no more than 15% of any required front yard is so occupied.
(b)
Buildings with more than two dwelling units: One garage or lot parking space shall be provided for each dwelling unit, plus one additional lot space for every three dwelling units. No parking shall be located farther than 200 feet from the dwelling unit it is intended to serve.
(c)
Any of the uses specifically enumerated below in Commercial Zones: The same number of spaces as are required in a Commercial Zone.
(2)
Unless authorized by the Planning Board during site plan review processes, or by the Board of Appeals as a variance, no parking is permitted in any required front, side or rear yard.
(3)
The Planning Board is authorized to permit parking in a required front, side or rear yard in course of considering site plan approval, provided the Planning Board finds:
(a)
That the particular use, nature, or location of the proposed project or building, requires that parking be in one of such yards;
(b)
It is not practicable to limit parking to areas outside the required yards;
(c)
Parking in such yards does not significantly adversely affect adjacent properties or the character of the neighborhood; and
(d)
No such parking will occur in any buffer areas.
(4)
In conducting any required site plan review, if the Planning Board finds, utilizing the site plan criteria set forth elsewhere in this chapter, that the particular use, nature, or location of the project under review, or other circumstances, require that parking be to the rear of the principal building on the site to mitigate or avoid adverse effects on the project, on adjacent properties, or on the neighborhood generally, the Planning Board shall have the authority to require the parking to be so located.
C.
Agricultural Zones:
(1)
Agricultural activities other than set forth below: A minimum of one parking space shall be provided for every two employees or, in the case of uses authorized by special permit only, one space for each 2,500 square feet of interior floor area, excluding basements used for storage, whichever results in the larger number of required spaces.
(2)
Dwelling units: As set forth above in Subsection B entitled "All zones except Mobile Home Park Zones."
(3)
Retail sales or roadside stands: one space for each 200 square feet of enclosed floor area.
D.
Mobile Home Park Zones.
(1)
Dwelling units: One garage or lot parking space shall be provided for each mobile home, plus one additional lot space for each three mobile homes. No parking lot shall be located farther than 100 feet from the dwelling unit it is intended to serve. Parking spaces and access to same shall be paved with asphalt, concrete, or other solid material.
(2)
Any of the uses referred to above in Subsection A entitled "All zones": The number of spaces required by the terms of Subsection A entitled "All zones."
(3)
Any of the uses specifically enumerated below in Subsection E entitled "Commercial Zones": The same number of spaces as are required by the terms of Subsection E entitled "Commercial Zones."
E.
Commercial Zones. Parking requirements shall be as follows:
(1)
Commercial buildings: A minimum of 300 square feet of parking area, including lanes and driveways, shall be provided for each 100 square feet of floor area, excluding basements used for storage, except in the case of the following uses, for which off-street parking shall be provided in accordance with the following schedule:
(a)
Office or bank building: One space for each 200 square feet of office or bank floor area.
(b)
Auditorium, stadium, theater, or other place of public assembly; funeral home or mortuary; or restaurant: One space for each five seats.
(c)
Bowling alley: Three spaces for each lane.
(d)
Retail store: One space for each 200 square feet of ground floor plus one space for each 500 feet of sales area on all other floors combined.
(e)
Hotel, motel: One space for each guest room, which space must be available at night.
(f)
Skating rink and dance hall: Parking spaces equal in number to 20% of the maximum capacity of the facility (maximum number of persons) authorized for fire protection purposes.
F.
Light Industrial Zones. Light industrial buildings: A minimum of one parking space shall be provided for every two employees or one space for each 1,200 square feet of interior floor area, excluding basements used for storage, whichever results in the larger number of required spaces, except in the case of the following uses for which off-street parking shall be provided as follows:
(1)
Office building: One space for each 200 square feet of office floor area.
(2)
Warehouse: One space for each two employees or one space for each 2,500 square feet of interior space, whichever is greater.
G.
Industrial Zones. Industrial Buildings: A minimum of one parking space shall be provided for every two employees or one space for each 1,200 square feet of interior floor area, excluding basements used for storage, whichever results in the larger number of required spaces, except in the case of the following use for which off-street parking shall be provided as follows:
(1)
Office building: One space for each 200 square feet of office floor area.
(2)
Warehouse: One space for each two employees or one space for each 2,500 square feet of interior space, whichever requires the greater number of parking spaces.
H.
Traditional neighborhood development. In an NT-3, NT-4, NT-4u, or NT-5 zone, New Neighborhood Code requirements for parking and related landscaping apply. (See §§ 272-503 and 272-504.)
[Added 11-9-2020 by L.L. No. 6-2020]
§ 270-228 Approval of County Health Department.
[Amended 5-12-2014 by L.L. No. 9-2014]
No building permit, special permit, special approval, or certificate of occupancy or certificate of compliance issued under the terms of this chapter shall become or remain valid unless the holder thereof complied with rules and regulations of the Tompkins County Health Department under the terms of the Tompkins County Sanitary Code. Where minimum lot sizes are specified in this chapter, the same shall be subject to the approval of the Tompkins County Health Department or any successor agency, and if such Department or successor requires larger lots to comply with the County Sanitary Code or any other local, county, state or federal law, rule or regulation, the requirements of such Department or successor shall govern.
§ 270-229 Abandoned cellar holes and buildings.
Within one year after work on any excavation for a building has begun, any excavation for a building shall be covered over or refilled by the owner to the normal grade. Any building substantially destroyed by any cause shall be rebuilt or demolished within one year. Any excavation or cellar holes remaining after the demolition or destruction of a building from any cause shall be covered over or filled by the owner within one year.
§ 270-230 Agricultural lands in County Agricultural Districts.
A.
Notwithstanding any other provisions of this chapter, mobile homes may be located in any zone on or adjacent to lands used in agricultural production located in an Agricultural District created pursuant to Agriculture and Markets Law § 303 or any replacement or successor statute (such homes being sometimes hereafter referred to as "farm labor homes" and such districts sometimes being referred to as a "County Agricultural District") subject to the following:
(1)
Such mobile home shall be physically located within a County Agricultural District.
(2)
If more than one mobile home is to be located on a farm, no building permit shall be issued for such second or additional mobile home unless the proposed mobile home is shown on, and located in accordance with, a site plan approved pursuant to the provisions of Article XXIII.
(3)
Such mobile home shall only be used in connection with the operation of a farm and shall be leased to, or occupied by, only persons who are, or families at least one member of which is, employed by the farm operator operating the lands on which the mobile home is located.
(4)
In conducting the site plan review, in addition to any other authority granted the Planning Board by this chapter, the Board is authorized to reduce the minimum lot size from that otherwise required by the terms of this chapter to the minimum permitted by the Tompkins County Health Department, if on-site septic systems are to be used, or 15,000 square feet, whichever is larger.
(5)
The farm labor home shall be subject to the same residential setback and other yard requirements of the zone in which the same is located.
(6)
The provisions prohibiting more than one principal building on a lot are waived for farm labor homes in a County Agricultural District.
(7)
Such mobile home shall be removed if not utilized for housing farm laborers for three or more successive years, or if the property on which the mobile home is located ceases to be a farm operation for a period of three or more years.
(8)
Any site plan approval granted under this section shall be for a period requested by the applicant, but in no event longer than five years, provided that the same shall be renewed for additional periods of up to five years each upon application of the farm operator if the conditions relating to the granting of the initial site plan approval still exist.
B.
For the purpose of this section, the term "land used in agricultural production" shall have the same meaning as set forth in Agriculture and Markets Law § 301 (4) or any replacement or successor statute.
§ 270-230.1 Compliance with property maintenance requirements.
[Added 6-13-2011 by L.L. No. 6-2011]
All lots in all zones within the Town of Ithaca must comply with Chapter 205, titled "Property Maintenance," of the Town of Ithaca Code. To the extent an express provision applicable to a specific zone set forth in this Chapter 270 conflicts with a provision in Chapter 205, the express provision in Chapter 270 shall govern, but all other provisions of Chapter 205 shall apply.
§ 270-230.2 Town-owned water and sewer infrastructure.
[Added 2-13-2017 by L.L. No. 4-2017; amended 9-9-2024 by L.L. No. 8-2024]
The provisions of this chapter shall not apply to any Town of Ithaca-owned water or sewer infrastructure, including, but not limited to, tanks, mains, pump stations, pressure relief valves, generators, valve buildings and vaults, wet-wells, manholes, and associated structures and appurtenances.