In a Conservation Zone, no building shall be
erected or extended and no land or building or part thereof shall
be used for other than any of the following purposes:
A. A one-family dwelling, except a mobile home, to be
occupied by no more than:
(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; and
(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.
D. Roadside stand or other structure, not exceeding 500
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. 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.
E. Forest management and other forest resource uses. Timber harvesting shall be subject to the requirements in §
270-22L.
[Amended 3-12-2012 by L.L. No. 3-2012]
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]
H. In addition to the uses of barns as principal buildings on farm lots pursuant to Subsection
C, a barn building that is at least 50 years old may be a principal building on a lot that is not used as a farm. Any such building may be used for any of the permitted principal uses in the Conservation Zone, subject to the requirements in this article and chapter. Notwithstanding the prohibition in §
270-226 against more than one principal building on a lot, 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.
[Added 3-13-2017 by L.L.
No. 6-2017]
The following uses are permitted in a Conservation
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.
B. Public, parochial and private schools, public library,
public museum, day-care center, nursery school, hospital, and any
institution of higher learning including dormitory accommodations.
[Amended 6-12-2006 by L.L. No. 9-2006]
C. Publicly owned park or playground, including accessory
buildings and improvements.
D. Fire station or other public building necessary to
the protection of or the servicing of a neighborhood.
E. Roadside stand or other structure, exceeding 500 square
feet but not more than 2,500 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.
G. Equestrian facility, provided that adequate provision
is made to prevent nuisance to adjoining properties and provided:
[Added 8-1-2005 by L.L. No. 7-2005]
(1) The lot size is at least two acres (three acres if
public sewers are not available);
(2) There is a nonoccupied and unused buffer of at least
50 feet around the perimeter of the lot;
(3) Any building in which farm animals are kept shall
be at least 100 feet from any lot line or street line; and
(4) No manure shall be stored within 100 feet of any lot
line or street line.
H. Deposit, removal or moving of earth, fill or related products consisting of more than 50 cubic yards of material on any parcel in any one year, as described and regulated in §
270-217 of this chapter.
[Added 3-12-2012 by L.L. No. 3-2012]
The application for a special permit for any of the uses set forth in the immediately preceding section shall be made to the Planning Board. Any required site plan shall conform to the requirements of, and be subject to the procedures contained in Article
XXIII. No building permit shall be issued unless the proposed structure is in accordance with the final site plan approved by the Planning Board. In determining whether to grant a special permit, the Planning Board shall consider the matters set forth elsewhere in this chapter and in addition shall grant a special permit for any of the above uses only if it can be demonstrated that:
A. The proposal is consistent with the goals and objectives
of the Conservation Zone, as enumerated in the purpose section relating
to this zone;
B. The proposal provides adequate measures to control
stormwater runoff and minimize erosion and sedimentation;
C. The project includes adequate measures to protect
surface and groundwaters from direct or indirect pollution; and
D. Off-street parking facilities are adequately buffered
to minimize visual and noise impacts on surrounding areas, and are
designed to minimize the increase in impervious surfaces on the site.
The following accessory buildings or uses are
permitted as of right in a Conservation Zone:
A. Accessory buildings customarily incidental to the
above permitted uses.
B. Home occupations, subject to the limitations on home occupations set forth in §
270-219.2.
[Amended 2-12-2007 by L.L. No. 1-2007]
C. Wildlife rehabilitation operation as defined and regulated
under six NYCRR Part 184, provided that no noise, dust, disorder,
or objectionable odor is experienced (as a result of that use) beyond
the boundary lines of the property where such use is conducted, and
that no more than three additional persons not residing on the premises
may be employed.
D. Day-care homes, family day-care homes, and group family
day-care homes.
E. Adult day-care facilities serving no more than four
clients at any one time.
F. 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.
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. Timber harvesting, subject to the requirements in §
270-22L.
[Added 3-12-2012 by L.L. No. 3-2012]
J. 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, and further provided that there shall be no raising of fur-bearing
animals, or kennels for more than three dogs over six months old.
[Added 8-8-2016 by L.L.
No. 8-2016]
K. 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
K, 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.
L. 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]
[Amended 12-11-2017 by L.L. No. 20-2017; 3-13-2023 by L.L. No. 7-2023]
Except as may be specifically otherwise authorized
in this chapter, in Conservation 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 30 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. Other nonagricultural
accessory buildings shall not exceed 20 feet in height.
Except as may be specifically otherwise authorized
in this chapter, in Conservation Zones yards of at least the following
dimensions are required:
A. Front yard: Not less than the average depth of the front yards of building immediately adjacent. However, except for roadside stands authorized by §
270-11, the front yard shall not be less than 50 feet nor need it be greater than 75 feet in depth.
B. Rear yard: Not less than 200 feet in depth.
C. Side yards: Each not less than 50 feet.
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. Buffer areas: The foregoing requirements may include
any required buffer areas and shall not be in addition to any required
buffer areas.
F. Accessory buildings.
[Added 8-13-2012 by L.L. No. 11-2012; amended 12-11-2017
by L.L. No. 20-2017]
(1) 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 100 feet from
any side lot line and at least 200 feet from a rear lot line.
(2) All other accessory buildings (except garages, and except woodsheds meeting the requirements of Subsection
H below) may not occupy any open space other than a rear yard.
(3) The total lot area covered by nonagricultural accessory buildings (including garages and woodsheds) may not occupy more than 1,000 square feet of the two-hundred-foot rear yard setback required by Subsection
B above.
(4) Accessory buildings (other than garages or buildings occupied by
a detached accessory dwelling unit) shall be not less than 50 feet
from any side or rear lot line.
G. Garages: An attached or detached garage may occupy any yard provided
that it shall be no less than 50 feet from the front property line,
no less than 50 feet from a side line, and no less than 50 feet (detached
garages) or 200 feet (attached garages) from a rear line. All detached
garages in the aggregate shall not exceed a total footprint of 780
square feet in size. Detached garages shall be included in the calculations
of nonagricultural accessory buildings that, in the aggregate, may
not occupy more than 1,000 square feet of any required rear yard.
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) 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.
(2) 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 in the front or side yard
not less than five feet from said street line upon receiving a special
approval from the Board of Appeals.
H. Woodsheds:
A woodshed which has no more than 100 square feet in floor area and
the highest point of which is no more than 10 feet above ground level
may occupy a side yard, provided that the total storage space of all
woodsheds in a side yard shall not be more than 1,000 cubic feet.
A woodshed in a side yard shall be not less than 50 feet from any
side lot line.
[Added 8-13-2012 by L.L. No. 11-2012]
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. For the purposes of this zone, roads, driveways, parking areas, and other paved areas shall be considered buildings in computing the percentage of lot coverage.
Lots in Conservation Zones shall meet the following
minimum requirements:
A. Minimum lot area shall be at least seven acres; and
B. Minimum lot width at the street line shall be 300
feet; and
C. Minimum width at the maximum required front yard setback
line (75 feet from the street line) shall be 300 feet; and
D. Minimum depth from the street line shall be 450 feet.
The Planning Board is hereby authorized to require clustering of residential units as outlined in Chapter
234, Subdivision of Land, of the Code of the Town of Ithaca, where clustering will further the purposes of the Conservation Zone, subject to the requirement with respect to the Conservation Zone along Six Mile Creek, that where feasible, on the southwestern side of Six Mile Creek (i.e., on the Coddington Road side of the Conservation Zone), dwelling units shall be clustered between the former railroad grade and Coddington Road, in order to preserve the natural characteristics and scenic views of the lands adjacent to Six Mile Creek and the city watershed properties. In such cases, the same number of dwelling units that could have been built on that portion of the parcel between the former railroad grade and Six Mile Creek under the above density requirements when feasible shall be transferred to the portion of the parcel between the former railroad grade and Coddington Road. This provision shall not apply to parcels which are situated entirely between the former railroad grade and Six Mile Creek.
Parking requirements shall be as set forth in §
270-227.
Because of the reduced density in the Conservation Zones, the requirements for maintaining open space, existing public trails, and the existing and expected additional opportunities for passive recreational activities in the areas included in the Conservation Zones, it is anticipated that in Conservation Zones normally there will be no need for mandated parkland reservations or fees in lieu thereof pursuant to applicable Town Law and Town of Ithaca Code Chapter
234, Subdivision of Land, and this Chapter
270, Zoning, including §
234-22 of Chapter
234, Subdivision of Land, and any successor or related provisions.
No building permit shall be issued for a building or structure within a Conservation 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.