Ithaca Town City Zoning Code
ARTICLE VI
Agricultural Zones
§ 270-25 Purpose.
The purpose of the Agricultural Zone is to assure a proper economic and physical environment for continued agricultural use of land and other nonextractive 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 usable 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 of the 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 nonfarming 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.
§ 270-26 Permitted principal uses.
Only the following buildings or uses are permitted of right in an Agricultural Zone:
A.
Any lawful farm purpose, including usual farm buildings and structures, but excluding rendering plants.
B.
Plant nursery.
C.
Equestrian facility.
D.
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.
E.
A roadside stand or other structure, not exceeding 3,000 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.
[Amended 8-1-2005 by L.L. No. 7-2005]
F.
A one-family dwelling to be occupied by no more than:
(1)
One family, or
(2)
One family plus no more than one boarder, roomer, lodger, or other occupant.
G.
A two-family dwelling consisting of a principal dwelling unit and an internal or attached accessory dwelling unit, provided that:
[Amended 12-11-2017 by L.L. No. 20-2017]
(1)
The principal dwelling unit is occupied by no more than one family plus no more than one boarder, roomer, lodger or other occupant;
(2)
The accessory dwelling unit is occupied by no more than one family; and
(3)
The applicable requirements of § 270-219.6 (Accessory dwelling units) are met.
H.
Publicly owned park or playground including accessory buildings and improvements.
I.
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 setback requirements as apply to residences in the district in which the substations or similar structures are constructed.
J.
Day-care homes, family day-care homes and group family day-care homes.
K.
Community residence.
L.
Forest management and other forest resource uses, including the harvesting of timber in conformance with environmentally sound forestry practices.
M.
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]
N.
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]
O.
Landscaping service provider and tree-care service provider, provided that adequate provision is made to prevent nuisance to adjoining residences and provided:
[Added 10-21-2019 by L.L. No. 8-2019]
(1)
The minimum lot size is 10 acres;
(2)
There is a nonoccupied buffer of at least 50 feet around the perimeter of the lot that cannot be used for the permitted use;
(3)
Outdoor material storage does not occupy more than 15% of the entire lot;
(4)
All outdoor storage must be screened or situated in such a way that it is not visible from the public right-of-way or adjacent residential properties;
(5)
No on-site sale of products is allowed;
(6)
Vehicles and equipment used in the conduct of the business must be stored in enclosed buildings or be screened or situated such that when not actively being used they are not visible from the public right-of-way and adjacent residential properties;
(7)
Employee parking must be screened or situated in such a manner that it is not visible from the public right-of-way and adjacent residential properties;
(8)
Noise standards:
(a)
The exterior noise level must not exceed the following limits beyond the boundary of the lot:
[1]
From 7:00 a.m. to 7:00 p.m.: 65 dBa.
[2]
From 7:00 p.m. to 7:00 a.m.: 55 dBa.
(b)
The temporary use of equipment to maintain an on-site residence, including but not limited to power mowers, is exempt from the noise standards in this Subsection O(8);
(9)
All new buildings associated with the use shall be fully screened or situated such that they are not visible from any public right-of-way unless otherwise allowed by the Planning Board. Criteria for the Planning Board to consider in determining the need for visibility controls include whether the building has the following desirable characteristics:
(a)
The general size, shape, and scale will be architecturally compatible with other buildings visible along the right-of-way corridor;
(b)
The building will have a sloped roof, not less than four in 12;
(c)
The building facade facing any public right-of-way will have windows or entranceways rather than an uninterrupted blank wall;
(d)
The front yard area immediately adjacent to the building will be landscaped with lawn, shrubs or flowers;
(e)
The exterior cladding on the building façade facing any public right-of-way will be primarily composed of brick, siding (wood, fiber cement, polymer, vinyl, steel), stone, or stucco.
P.
In addition to the uses of barns as principal buildings on farm lots or for farm purposes pursuant to Subsection A, a barn building may be a principal building on a lot that is not used as a farm. Any such barn building may be used for any of the permitted principal uses in the Agricultural Zone, subject to the requirements in this article and chapter. A building permit may be issued for construction of another principal building on the lot, provided that the barn building becomes an accessory building to the other building upon issuance of a certificate of compliance for the other building. If a barn building becomes an accessory building pursuant to this provision, its uses as an accessory building are subject to the requirements of this article and chapter. A barn building that becomes an accessory building pursuant to this provision may exceed or contribute to the exceedance of the cumulative square footage limit for accessory buildings in § 270-29D, provided that no expansion of the barn building or other accessory buildings is allowed once the cumulative square footage limit is met.
[Added 2-14-2022 by L.L. No. 3-2022]
§ 270-27 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 chapter:
A.
Retail sales related to agricultural operations.
(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 of building, 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.
(2)
In determining whether to grant such authorization, the Planning Board shall consider, in addition to other criteria set forth in this chapter, that:
(a)
The nature of the business generally requires outside storage;
(b)
There is adequate space on the lot for the proposed storage;
(c)
The premises are screened or otherwise buffered so that the outside storage does not adversely impact the neighboring properties and property owners; and
(d)
The proposed outside storage will not adversely affect the character of the surrounding neighborhood.
B.
Veterinary offices or hospitals.
C.
Church or other places of worship, convent and parish house.
D.
Cemetery and the buildings and structures incident thereto.
E.
Public, parochial and private schools, public library, public museum, nursery school, and any institution of higher learning relating to agricultural pursuits.
F.
Fire station or other public building necessary to the protection of or the servicing of a neighborhood.
G.
Golf course or driving range with related facilities such as clubhouse, restaurant, and pro shop.
H.
Cross-country ski center with related facilities such as lodge, ski shop and restaurant.
I.
Commercial composting facility where composting occurs for sale, utilizing more than 400 square feet of land in which event the following additional requirements shall apply:
(1)
The lot on which the facility is located shall be at least two acres in size;
(2)
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 setback 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;
(3)
The facility shall be operated in a clean and orderly manner so that it does not create a nuisance to any neighboring property.
J.
Hunting preserves, lodges, or clubhouses.
K.
Bed-and-breakfast.
L.
Television, commercial radio, 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.
[Amended 8-13-2007 by L.L. No. 7-2007]
M.
Research facilities principally dedicated to research in agriculture or animal husbandry.
[Amended 8-1-2005 by L.L. No. 7-2005]
N.
Farm retreat.
O.
Adult day-care facilities serving no more than four clients at any one time.
§ 270-28 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 chapter:
A.
Mining, subject to the following requirements in addition to the normal requirements for a special approval:
(1)
No special approval shall be granted until:
(a)
The Planning Board approves a site plan for the proposed mining operations; and
(b)
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.
(2)
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.
(3)
A fill permit shall be obtained in accordance with the fill permit requirements of this chapter before commencement of any mining operations.
(4)
Hours of operation shall be limited to business days (days other than weekends and holidays) from 8:00 a.m. to 5:00 p.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.
(5)
Notwithstanding the foregoing, if the material to be mined is soil, gravel, or other 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.
§ 270-29 Permitted accessory buildings and uses.
The following accessory buildings or uses are permitted as of right in an Agricultural Zone:
A.
Any farm-related structure not otherwise expressly referred to or limited by any provision in this chapter.
B.
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 § 270-35.
C.
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.
D.
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 footprint of 1,500 square feet in size. Any building occupied by a detached accessory dwelling unit shall count towards the one-thousand-five-hundred-square-foot limit.
[Amended 12-11-2017 by L.L. No. 20-2017; 3-13-2023 by L.L. No. 7-2023]
E.
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 § 270-227.
F.
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.
G.
(Reserved)[1]
[1]
Editor’s Note: Former Subsection G, which set forth signs as a permitted accessory use, was repealed 8-7-2017 by L.L. No. 12-2017.
H.
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 Zoning Board of Appeals.
I.
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]
J.
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]
K.
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]
L.
If the principal use is as a one-family dwelling, a detached accessory dwelling unit, provided that:
[Added 12-11-2017 by L.L. No. 20-2017]
(1)
The accessory dwelling unit is occupied by no more than one family;
(2)
For buildings constructed after the effective date of this Subsection L, the building which the accessory dwelling unit occupies is located within 150 feet of the principal dwelling; and
(3)
The applicable requirements of § 270-219.6 (Accessory dwelling units) are met.
M.
Short-term rental uses, subject to the limitations on short-term rental uses set forth in § 270-219.7.
[Added 12-29-2021 by L.L. No. 16-2021]
N.
Agritourism.[2]
[Added 2-14-2022 by L.L. No. 3-2022]
[2]
Editor's Note: This subsection was originally added as Subsection M, but was redesignated as Subsection N as the Code already contained a Subsection M.
O.
Electric vehicle charging station.
[Added 8-12-2024 by L.L. No. 7-2024]
§ 270-30 Accessory buildings and uses authorized by special permit only. [1]
[Added 2-14-2022 by L.L. No. 3-2022]
A.
Seasonal farm lodging facilities.
(1)
Yurts and/or tents placed on a platform and used solely as seasonal farm lodging facilities.
(a)
No more than 10 tents or yurts, or any combination thereof, are permitted.
(b)
No yurt or tent may be larger than 735 square feet, and all such yurts and tents in the aggregate may not exceed a total of 5,500 square feet.
(c)
In addition to sleeping facilities, seasonal farm lodging facilities may include related bathroom/shower, laundry, and/or kitchen facilities in the same tents/yurts that contain sleeping facilities, or in tents/yurts that do not contain sleeping facilities.
(2)
Yurts and tents may be erected for no more than 180 days in any calendar year.
[1]
Editor’s Note: Former § 270-30, Accessory buildings and uses authorized by special approval only, was repealed 12-11-2017 by L.L. No. 20-2017.
§ 270-31 Height limitations.
A.
Except as may be specifically otherwise authorized in this chapter, in Agricultural Zones no nonagricultural building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, and no nonagricultural structure other than a building shall exceed 36 feet in height. A building occupied by a detached accessory dwelling unit shall not exceed one story and 20 feet in height, except buildings constructed prior to the effective date of Local Law No. 20 of the Year 2017 may exceed these two parameters as long as the building height is not subsequently increased beyond that existing on the effective date of said local law. 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.
[Amended 12-11-2017 by L.L. No. 20-2017]
B.
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:
(1)
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;
(2)
The topography and location of the proposed site are reasonably adapted for the proposed use;
(3)
The size of the 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
(4)
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.
§ 270-32 Yard regulations.
A.
Except as may be specifically otherwise authorized in this chapter, 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 roadside stand authorized in § 270-26 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 chapter shall, if more restrictive, supersede the above yard requirements.
(5)
Buildings occupied by a detached accessory dwelling unit. Any such buildings that are less than 200 feet from a street line must be located in a rear yard. Any such buildings that are 200 feet or more from a street line may be located in any yard. All buildings occupied by a detached accessory dwelling unit must be at least 50 feet from any side lot line and at least 35 feet from a rear lot line.
[Added 12-11-2017 by L.L. No. 20-2017]
(6)
Swimming pools: Private swimming pools allowed for one- or two-family dwellings or farms with dwellings per § 270-29C may not be located in a front yard, and must be at least 15 feet from any side lot line or rear lot line, as measured from the edge of the pool structure.
[Added 4-11-2022 by L.L. No. 6-2022]
B.
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.
§ 270-33 Building area.
The maximum building area shall not exceed 10% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage.
§ 270-34 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:
A.
Minimum lot area shall be at least two acres, subject to the following conditions and exceptions:
(1)
A nonfarm lot subdivided for residential purposes from a parent tract as set forth below in § 270-35 shall have a minimum area of one acre and a maximum of two acres unless:
(a)
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
(b)
The applicant for approval of a subdivision requests larger lots and fewer dwellings than would be normally permitted pursuant to § 270-35 below and the Planning Board determines in considering subdivision approval that the amount of land 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 of lots been in full compliance with § 270-35.
B.
Minimum width at the street line shall be 60 feet.
C.
Minimum width at the maximum required front yard setback line (60 feet from the street line) shall be 100 feet.
D.
Minimum depth from the street line shall be 200 feet.
§ 270-35 Density limitations and limitations on subdivision of parent tracts.
In order to protect agricultural uses, to preserve the agricultural value of land, to provide for the retention of tracts of sufficient size to be used reasonably for agricultural purposes, and to preserve the open space qualities of the Town, creation of nonfarm 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:
A.
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 applicable subdivision laws and regulations, hereafter may be subdivided into no more lots than equals the total number of acres of the tract divided by seven and rounded down to the nearest whole number. (For example, a tract of 20 acres may be subdivided into no more than two lots - 20 divided by seven equals 2 6/7 rounded to two.) Some of the lots, subject to other applicable requirements, may be as small as one acre but the total number may not exceed the above limitation.
B.
Clustering of the lots may be required by the Planning Board as a condition to granting any subdivision approval. In determining the design of the subdivision the following criteria should be applied:
(1)
Clustered lots should avoid prime agricultural soils, defined as Class I and Class II by the USDA Natural Resources Conservation Service or similar or successor agency;
(2)
Clustered lots should not interfere with natural drainage patterns; and
(3)
To the extent reasonably possible, subdivisions shall be approved in a manner that maintains the largest amount of contiguous acreage for open space or agricultural use. (For example, if reasonably possible, a seventeen-acre parcel would be divided into one one-acre lot and one sixteen-acre lot, and a twenty-four-acre lot would be divided into two one-acre lots and one twenty-two-acre lot.)
C.
The Planning Board, as a condition of granting subdivision approval, shall require, unless good cause is shown for omission of same, the developer to encumber the larger tracts (the noncluster lots) by deed restrictions, conservation or agricultural easements, or other mechanism satisfactory to the Planning Board, to ensure that such parcels shall remain permanently as open space or agricultural land. For this purpose, land shall still be considered open space or agricultural land if used for the purposes set forth in § 270-26, Subsections A, B, C, D, E, H (provided the same are passive recreational areas), I and L.
D.
Notwithstanding the density limitations set forth above, any parcel of 50 acres or larger remaining after subdividing off the clustered lots and which has been encumbered in the manner set forth in the immediately preceding subsection, may be further subdivided into separate ownership provided that all parcels so further subdivided are at least 25 acres in size, and all such parcels continue to be subject to the open space and/or agricultural easements.
§ 270-36 Parking.
Parking requirements shall be as set forth in Article XXVII.
§ 270-37 Additional special requirements.
Additional special requirements include the following:
A.
Screening. In addition to the landscaping, screening, fencing and buffer requirements set forth elsewhere in this chapter, additional landscaping, fencing, screening, or earth berm may be required to be provided by the Planning Board in the site plan review process in any area where the proposed structure or use would, in the reasonable opinion of the Planning Board, create a hazardous condition or would detract from the value of neighboring property if such landscaping, fencing, screening, or berm were not provided.
§ 270-38 Site plan approval.
No building permit shall be issued for a building or structure within an Agricultural Zone requiring a special permit unless the proposed building or structure is in accordance with a site plan approved pursuant to the provisions of Article XXIII.
§ 270-39 Right to farm.
Notwithstanding any other provisions of law, it being the intention of this section to supersede to the extent legally possible any prior statutory or court developed rule of law regarding nuisances or similar types of actions, on any land in an Agricultural Zone an agricultural practice shall not constitute a private nuisance when an action is brought by a person, provided such agricultural practice constitutes a sound agricultural practice pursuant to an opinion issued upon request by the New York State Commissioner of Agriculture and Markets. Nothing in this section shall be construed to prohibit an aggrieved party from recovering damages for personal injury or wrongful death.