Ithaca Town City Zoning Code
ARTICLE VII
Lakefront Residential Zones
§ 270-40 Purpose.
The purposes of the Lakefront Residential Zone are to minimize excessive and undesirable development in fragile lakefront areas, to protect the natural beauty and ambiance of the lakeshore in the Town of Ithaca for all of the citizens of the community to enjoy, and to enhance the experience provided to those living near, and those who use, the resource provided by Cayuga Lake.
§ 270-41 Permitted principal uses.
Only the following buildings or uses are permitted as a matter of right in a Lakefront Residential Zone:
A.
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.
B.
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.
C.
Publicly owned park or playground including accessory buildings and improvements.
D.
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.
E.
Day-care homes, family day-care homes and group family day-care homes.
F.
Community residence.
G.
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]
§ 270-42 Principal uses authorized by special permit only.
The following uses are permitted in a Lakefront Residential 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.
Church or other places of worship, convent and parish house.
B.
Public library, public museum, and public schools.
C.
Fire station or other public building necessary to the protection of or the servicing of a neighborhood.[1]
[1]
Editor's Note: Former Subsection D, regarding clubhouses and lodges, which immediately followed, was repealed 7-13-2009 by L.L. No. 10-2009. This local law also redesignated former Subsection E as Subsection D.
D.
Bed-and-breakfast.
§ 270-43 Permitted accessory structures and uses.
The following accessory structures or uses are permitted as of right in a Lakefront Residential Zone:
A.
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 and further subject to the requirement that no vehicle parking shall occur within 100 feet of the ordinary high water line of any shoreline.
[Amended 7-13-2009 by L.L. No. 10-2009]
B.
Where the principal use is as a one- or two-family dwelling, private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the occupants of the dwelling.
C.
Up to two accessory buildings other than a garage, all such accessory buildings in the aggregate not to exceed a total footprint of 600 square feet in size.
[Amended 7-13-2009 by L.L. No. 10-2009; 3-13-2023 by L.L. No. 7-2023]
D.
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.
E.
(Reserved)[1]
[1]
Editor’s Note: Former Subsection E, which set forth signs as a permitted accessory use, was repealed 8-7-2017 by L.L. No. 12-2017.
F.
Adult day-care facilities serving no more than four clients at any one time.
G.
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.
H.
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]
I.
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]
J.
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]
K.
Piers, docks, wharves, sea walls, boat ramps and similar uncovered waterfront structures, and covered and uncovered boat lifts and boat hoists, when such uses are clearly accessory or incidental to the primary, principal use on the property. Such structures are subject to all applicable state and federal regulations and approvals and are further subject to the following requirements:
[Added 7-13-2009 by L.L. No. 10-2009]
(1)
All such structures shall be designed in accordance with good engineering practices and shall require a building permit. The applicant for a building permit shall submit, at a minimum:
(a)
A short, written narrative describing the proposed structure, equipment that will be used and the construction schedule.
(b)
A general location map showing the waterway shoreline, the exact location of the proposed project, the nearest street or road and north arrow.
(c)
An accurately scaled plan view map showing the existing shoreline (water's edge), property lines and length of property between lines, north arrow, ordinary high water line, location and dimensions of existing structures, location and dimensions of proposed structures and fills, and length of waterward encroachment.
(d)
An accurately scaled profile showing the existing shoreline, ordinary high water line, height of proposed structures above the ordinary high water level, depth of water at waterward end of proposed structures when lake is at the ordinary high water level and distance of waterward encroachment.
(e)
A copy of the Army Corps of Engineers permit for the proposed structures, if required.
(f)
At the discretion of the Code Enforcement Officer, plans approved by a licensed engineer or architect.
(g)
All other information required by this chapter or other laws, rules or regulations for issuance of a building permit.
(2)
The construction of such structures shall be undertaken in such a way so as not to impact water quality, cause harm to fish-spawning grounds, destroy the natural beauty of the shoreline, reduce the stability of steep slope areas, cause erosion or sedimentation problems along the shoreline, create hazards for navigation, interfere with the public use and enjoyment of the water surface or shoreline, infringe on the riparian rights of other littoral parcels or otherwise threaten the public health and safety.
(3)
The amount of grading, dredging, earthmoving and disturbance of land above and below water during the construction of such structures shall be minimized as much as possible and shall be consistent with the permit requirements of the New York State Department of Environmental Conservation and United States Army Corps of Engineers regulating such activities.
(4)
Except as described in this subsection, such structures shall not have roofs, covers or sides. Such structures may have uncovered side supports that extend above the horizontal surface of the structure. Boat lifts and boat hoists may have roofs, provided all of the following are met:
(a)
The roof height shall not exceed 15 feet;
(b)
The roof pitch shall not exceed 3/12 (three-inch vertical rise for every 12 inches horizontally);
(c)
The boat lift or boat hoist shall not have a second floor level under the roof; and
(d)
No boat lift or boat hoist may be used as a dwelling, sleeping, lodging or boarding place.
(5)
The maximum surface area of all boat lifts and boat hoists on a waterfront lot (including any roof overhang) shall not, in the aggregate, exceed 308 square feet.
(6)
To permit the free circulation of water, reduce the effects of fluctuating water levels and prevent adverse modifications of the shoreline, piers, docks and wharves shall not be constructed with rock-filled cribbing, sheet piling, closely spaced piling or such other construction technique or materials that would significantly impair water circulation.
(7)
Except as specified in Subsection K(10) and (11) below, the width of any pier, dock or wharf (excluding boat lifts and boat hoists) shall be a minimum of three feet and shall not exceed eight feet. Any extension, such as an "L," "T" or "U" extension, shall not exceed eight feet in at least one dimension (length or width), and if any such extension has a portion which is substantially parallel to the shoreline, the length of such portion shall not exceed 29% of the length of the mean high water tie line of the waterfront lot (as determined in Figure 1 below).
(8)
Length of piers, docks and wharves.
(a)
The length of any pier, dock or wharf, including all extensions, boat lifts and boat hoists, shall extend offshore from the ordinary high water line to a distance no greater than 40 feet, except as specified below in this subsection (or such lesser distance as may be stipulated in any permit obtained for such construction from the New York State Department of Environmental Conservation or the United States Army Corps of Engineers).
(b)
If the water depth at the end of an existing or proposed forty-foot pier, dock or wharf (including all extensions, boat lifts and boat hoists) is less than five feet when Cayuga Lake is at the ordinary high water level, the Town Code Enforcement Officer may issue a building permit to construct a pier, dock or wharf (including all extensions, boat lifts and boat hoists) no longer than 50 feet extending offshore from the ordinary high water line if the information listed below is provided. Such permit shall be issued for the minimum additional length necessary, in the judgment of the Code Enforcement Officer, to reach a depth of five feet, but in no case shall the length exceed 50 feet.
[1]
A map of the depth of the water in the region between 40 feet and 50 feet from the ordinary high water line, as determined by a licensed engineer or surveyor; and
[2]
An accurately scaled drawing of the proposed pier, dock or wharf and all extensions, boat lifts and boat hoists (including the shoreline and the location of the ordinary high water marker referred to below) demonstrating that the structure is no longer than necessary to reach a water depth of five feet or demonstrating that the water depth at the fifty-foot length is less than five feet. A marker of the ordinary high water line shall be erected on the property before the preparation of the above drawing. It must be established and certified by a licensed engineer or surveyor, be based on an official monument or be based on a measurement of the water line of the property, together with the daily level of Cayuga Lake published by the New York State Canal Corporation.
(9)
The maximum surface area of all piers, docks and wharves on a waterfront lot shall not, in the aggregate, exceed 320 square feet, including all extensions but excluding any boat lifts and boat hoists, if the structure is 40 feet long or shorter, or 320 square feet plus eight square feet for each additional foot in length (excluding all boat lifts and boat hoists) if the structure is allowed to extend beyond 40 feet in length pursuant to Subsection K(8) above.
(10)
Every pier, dock, wharf, boat ramp, boat lift or boat hoist that is constructed shall have a minimum clearance or setback of 20 feet from adjacent property lines, as extended from the shoreline, to allow adequate vessel access to neighboring waterfront parcels. In the case of parcels that are too narrow for such waterfront structures to meet this setback requirement, such structures shall be centered between the adjacent property lines, and the maximum width of any pier, dock or wharf on such parcel shall not exceed three feet, including all extensions.
(11)
For concave or convex properties, piers, docks, wharves, boat ramps, boat lifts and boat hoists shall be placed to have a minimum clearance or setback of 20 feet from the water rights lines of the parcel so as not to interfere with the lakeshore usage of adjacent parcels. In the case of parcels that are too narrow for such waterfront structures to meet this setback requirement, such structures shall be centered between the water rights lines, and the maximum width of any pier, dock or wharf on such parcel shall not exceed three feet, including all extensions. Water rights lines are determined using the following method: (See Figure 1 below.)
(a)
Determine the four points where the mean high water line intersects the property lines of the parcel and the two adjoining lakeshore parcels (indicated by square points in Figure 1 below).
(b)
Connect the points of intersection with straight lines. These lines are called mean high water tie lines (dotted lines in Figure 1).
(c)
Where two mean high water tie lines meet, measure the angle on the waterside (i.e., 152° between Parcels E and F).
(d)
Bisect (or divide by two) that waterside angle measurement. The newly formed line projected out over the waterside is the water rights line (i.e., half of 152° is 76°).
 |
(12)
If lighting is provided, lighting of the surface of any pier, dock, wharf or similar uncovered waterfront structure, or lighting of any covered or uncovered boat lift or boat hoist, shall be provided in such a manner so as not to produce any offensive glare when viewed from the water or the land and shall comply with the requirements of the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code.
(13)
Commercial (for-profit) renting, leasing or operation of piers, docks, wharves, boat launching ramps or similar uncovered waterfront structures, or of covered or uncovered boat lifts or boat hoists, shall be expressly prohibited in Lakefront Residential Districts.
L.
Nothing in this section is intended to require or permit activities which contravene any laws, rules, regulations or permits of the United States or New York State, or any agency thereof, nor are any of the foregoing provisions intended to supersede any requirements for the obtaining of any permits or approvals required by the United States or New York State or any agency thereof.
[Added 7-13-2009 by L.L. No. 10-2009]
M.
Short-term rental uses, subject to the limitations on short-term rental uses set forth in § 270-219.7. For purposes of this Subsection M only, a short-term rental use in the Lakefront Residential Zone is considered an accessory use even if the dwelling unit is used for an unhosted short-term rental use during a majority of days in a calendar year.
[Added 12-29-2021 by L.L. No. 16-2021]
N.
Electric vehicle charging station.
[Added 8-12-2024 by L.L. No. 7-2024]
§ 270-44 Accessory buildings and uses authorized by special approval only.
[Amended 2-12-2007 by L.L. No. 1-2007; 7-13-2009 by L.L. No. 10-2009; 12-11-2017 by L.L. No. 20-2017]
The following accessory buildings or uses are permitted in a Lakefront Residential 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.
The keeping of domestic animals in accessory buildings, provided that no such building shall be nearer than 30 feet to any lot line of any adjoining owner or to the ordinary high water line of the shoreline, and further provided that there shall be no raising of fur-bearing animals, or kennels for more than three dogs over six months old.
§ 270-45 Height limitations. [1]
[Amended 7-13-2009 by L.L. No. 10-2009[2]; 8-13-2012 by L.L. No. 11-2012; 3-13-2023 by L.L. No. 7-2023]
In Lakefront Residential Zones, no building shall be erected, altered or extended to exceed 38 feet in height from the lowest interior grade or 36 feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered or extended to exceed 30 feet in height. Notwithstanding the foregoing, piers, docks, wharves, sea walls, boat ramps, moorings and similar uncovered waterfront structures shall not exceed eight feet in height, and covered and uncovered boat lifts and hoists shall not exceed 15 feet in height. Accessory buildings shall in no case exceed 20 feet in height.
[1]
Editor's Note: Former § 270-45, Accessory structures and uses authorized by special permit only, was repealed 7-13-2009 by L.L. No. 10-2009.
[2]
Editor's Note: This local law also redesignated former §§ 270-46, 270-47, 270-48, 270-49, 270-50, 270-51 and 270-52 as §§ 270-45, 270-46, 270-47, 270-48, 270-49, 270-50 and 270-51, respectively.
§ 270-46 Yard regulations.
In Lakefront Residential Zones yards of at least the following dimensions are required:
A.
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 feet nor need it be greater than 60 feet.
[Amended 7-13-2009 by L.L. No. 10-2009]
B.
Rear yard: Not less than 50 feet in depth unless the rear yard is adjacent to the shoreline, in which event the rear yard shall be not less than 25 feet in depth from the ordinary high water line.
[Amended 7-13-2009 by L.L. No. 10-2009]
C.
Side yards: Each not less than 20 feet in width.
[Amended 8-13-2012 by L.L. No. 11-2012]
D.
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 provisions.
E.
Accessory buildings.
[Amended 8-13-2012 by L.L. No. 11-2012]
(1)
In Lakefront Residential Zones, accessory buildings other than garages may occupy any yard. Accessory buildings (including garages), in the aggregate, may occupy not more than 15% of any required front, side or rear yard and, if other than a garage, shall be not less than 30 feet from the front property line, nor less than three feet from any side or rear lot line.
(2)
Where the average natural slope of a lot exceeds 8% rise or fall directly from the street line, a one-story accessory building may be located not less than five feet from said street line, provided a garage is not located in the same yard, and further provided a special approval is received from the Board of Appeals.
(3)
Where applicable, the additional setback requirements of Subsection F below shall also apply.
F.
Minimum setback from shoreline: Notwithstanding the foregoing, any principal building, parking area, cabana, gazebo, boathouse or other accessory structure (but excluding such uncovered facilities as docks, piers, wharves, sea walls, boat ramps and moorings, and covered and uncovered boat lifts and boat hoists) shall be located at least 25 feet inland from the ordinary high water line of the shoreline except where a twenty-five-foot setback is not possible because of cliffs or embankments. In such situations, accessory structures may be located no closer to the shoreline than 10 feet inland from the ordinary high water line of the shoreline, provided all of the following are met:
[Amended 7-13-2009 by L.L. No. 10-2009]
(1)
The structure does not exceed 100 square feet in size;
(2)
The structure is used only for storage and/or as a changing area and contains no habitable space; and
(3)
Structures located within an area of special flood hazard, as established in § 157-6 of the Town of Ithaca Code, receive a development permit pursuant to Chapter 157, Flood Damage Prevention, of the Town of Ithaca Code and comply with all applicable requirements of the New York State Uniform Fire Prevention and Building Code.
G.
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 structures, including piers, docks, wharves, sea walls, boat lifts, boat hoists, boat ramps and moorings. The Planning Board, during site plan review, may establish a minimum setback of greater than 25 feet from the ordinary high water line based on due consideration by the Board of the preservation and protection of sensitive environmental features and the maintenance of the wooded character of the shoreline area (if applicable), as well as scenic views and vistas. 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 piers, docks, wharves, sea walls, boat ramps, boat lifts, boat hoists, moorings and similar structures where such changes or additions meet a threshold found in § 270-19.
[Added 7-13-2009 by L.L. No. 10-2009]
H.
Garages: An attached or detached garage may occupy any front or side yard provided that it shall be no less than 30 feet from the front property line, nor less than 20 feet from a side line. All detached garages in the aggregate shall not exceed a total footprint of 780 square feet in size. Notwithstanding the foregoing, the following shall apply:
[Added 8-13-2012 by L.L. No. 11-2012; 3-13-2023 by L.L. No. 7-2023]
(1)
In one of the side yards, a one-story garage, either attached to the principal building or separate therefrom, may be no less than 15 feet from a side line which is not a street line.
(2)
Notwithstanding the foregoing, a one-story detached garage that serves dwellings on two separate lots may be built across a common lot line with a party wall by mutual agreement between adjoining property owners, provided that there is at least one garage bay on each lot, and further provided that the garage meets the front property line setback requirement above.
(3)
Where the average natural slope of a lot exceeds 8% rise or fall directly from the street line, a one-story detached garage capable of housing not in excess of two cars may be located not less than five feet from said street line, provided an accessory building is not located in the same yard, and further provided a special approval is received from the Board of Appeals.
I.
Swimming pools: Private swimming pools allowed for one- or two-family dwellings per § 270-43B may not be located in a front yard, must be at least 15 feet from any side lot line, and must comply with Subsection F's minimum setback from shoreline requirements. Setbacks shall be measured from the edge of the pool structure.
[Added 4-11-2022 by L.L. No. 6-2022]
§ 270-47 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.
§ 270-48 Size and area of lot.
Lots in Lakefront Residential Zones shall meet the following minimum requirements:
A.
Minimum lot area shall be at least 15,000 square feet; and
B.
Minimum width at the street line shall be 60 feet; and
C.
Minimum width at the maximum required front yard setback line (60 feet from the street line) shall be 100 feet; and
D.
Minimum width at the shoreline, as measured in a straight line that is 90° from a sideline at its point of intersection with the ordinary high water line of the lake to the other side line, shall be 100 feet; and
[Amended 7-13-2009 by L.L. No. 10-2009]
E.
Minimum depth from the highway right-of-way shall be 150 feet.
§ 270-49 Special properties.
In the case of publicly owned properties located in Lakefront Residential Zones, which comprise at least six acres in area and are traversed by interior roads or driveways, the front and side yard requirements set forth above shall apply only along the exterior public street frontages and there shall be no rear yard requirements. The shoreline setback requirements shall remain.
§ 270-50 Parking.
Parking requirements shall be as set forth in Article XXVII.
§ 270-51 Special requirements.
[Amended 7-13-2009 by L.L. No. 10-2009]
The following additional special requirements shall apply to Lakefront Residential Zones:
A.
Filling, grading, lagooning, dredging, earthmoving activities, and other land use activities shall be conducted in such manner as to prevent to the maximum extent possible, erosion and sedimentation of surface waters. On slopes greater than 25%, there shall be no grading or filling within 100 feet of the ordinary high water line of the shoreline unless:
(1)
A permit for same is obtained pursuant to the fill permit provisions of this chapter or is issued by the Town of Ithaca Director of Engineering upon his determination that such grading or filling is necessary to protect the shoreline and to prevent erosion, or
(2)
Such grading and filling is in conjunction with construction pursuant to a building permit legally issued by a Code Enforcement Officer after the Town of Ithaca Director of Engineering has reviewed the proposed construction and any required or necessary erosion control measures and has determined that the conduct of such work will not adversely affect the shoreline.
B.
In addition to the requirements of this article, any construction, grading or other activities shall be conducted only in accordance with any federal, state or other local law or requirement pertaining to such activity, including any requirements of the New York State Department of Environmental Conservation and the United States Army Corps of Engineers.