[Amended 10-1-1980 by Ord. No. 80-11; 1-8-1990 by Ord. No. 90-2; 4-1-1992 by Ord. No. 92-5; 8-5-1992 by L.L. No. 3-1992; 6-3-1998 by Ord. No. 98-9; 7-7-1999 by Ord. No. 99-7; 10-7-1999 by Ord. No. 99-11; 3-1-2000 by Ord. No. 2000-2; 8-2-2000 by Ord. No. 2000-7; 12-6-2000 by Ord. No. 2000-12; 6-13-2001 by Ord. No. 2001-6; 9-1-2010 by Ord. No. 2010-04; 5-4-2011 by Ord. No.
2011-04; 7-6-2011 by Ord. No. 2011-09; 6-5-2013 by Ord. No.
2013-04; 3-5-2014 by Ord. No. 2014-01; 8-2-2017 by Ord. No. 2017-10; 11-1-2017 by Ord. No. 2017-14]
For the purposes specified in Article I of this chapter, the City is hereby divided into the following districts:
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R-1a
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Residential
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R-1b
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Residential
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R-2a
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Residential
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R-2b
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Residential
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R-2c
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Residential
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R-3a
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Residential
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R-3aa
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Residential
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R-3b
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Residential
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R-U
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Residential
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B-1a
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Restricted Business
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B-1b
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Restricted Business
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B-2a
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General Business
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B-2b
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General Business
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B-2c
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General Business
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B-2d
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General Business
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B-4
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Service Business
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B-5
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Service Business
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CBD
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Central Business
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CBD-50
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Central Business
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I-1
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Industrial
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P-1
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Public and Institutional
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MH-1
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Residential-Mobile Home
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C-SU
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Courthouse Special Use
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U-1
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WEDZ-1
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West End Development
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SW-1
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Southwest
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CR-1
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Collegetown Residential 1
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CR-2
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Collegetown Residential 2
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CR-3
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Collegetown Residential 3
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CR-4
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Collegetown Residential 4
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MU-1
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Mixed Use 1
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MU-2
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Mixed Use 2
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WE/WFD
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West End/Waterfront District
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CSD
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Cherry Street District
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ND
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Newman District
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MD
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Market District
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SHOD
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South Hill Overlay District
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A.
Districts are bounded as shown on the map titled "Official Zoning Map of the City of Ithaca, New York," which is further defined in "Digital Zoning Map" in § 325-3, and which accompanies in printed format and is hereby made part of this chapter. Hereafter, the former FW-1 Zone shall be designated as a P-1 Zone on both the Official Zoning Map and the Digital Zoning Map. Any reference to the FH-1 Zone on either map shall be deleted.
[Amended 11-4-1998 by Ord. No. 98-28; 12-6-2000 by Ord. No.
2000-12]
B.
The City Planning and Development Board shall prepare,
maintain and keep current the Zoning Map in accordance with amendments
made thereon pursuant to action of the Common Council.
C.
The Zoning Map shall periodically be certified as
correct by the City Clerk.
Where uncertainty exists with respect to the
boundaries of the aforesaid districts as shown on the Official Zoning
Map, the following rules shall apply:
A.
Where district boundaries are indicated as approximately
following the center lines of streets or highways, street lines or
right-of-way lines, such lines shall be construed to be such boundaries.
B.
Where district boundaries are so indicated that they
approximately follow the existing or former lot lines, such lot lines
shall be construed to be said boundaries.
C.
Where district boundaries are so indicated that they
are approximately parallel to the center lines of streets, right-of-way
lines of highways or other such lines, such district boundaries shall
be construed to be parallel thereto and at such distance therefrom
as indicated on the Official Zoning Map.
D.
Where the boundary of a district follows a railroad
line, such boundary shall be deemed to be located in the middle of
the main tracts of said railroad.
E.
Where the boundary of a district follows a stream,
lake or other body of water under public jurisdiction, said boundary
line shall be deemed to be at the limit of the jurisdiction, unless
otherwise indicated.
Except as hereinafter provided:
A.
Compliance with district regulations. No building
or land shall hereafter be used or occupied and no building or part
thereof shall be erected, moved or altered unless in conformity with
the regulations herein specified for the district in which it is located.
B.
Use of yard for another building. No part of a yard
or other open space about any building required for the purposes of
complying with the provisions of this chapter shall be included as
a part of a yard or other open space similarly required for another
building.
[Amended 9-7-1988 by Ord. No. 88-7]
A.
The District Regulations Chart is hereby made a part
of this chapter.[1] Column heads on the District Regulations Chart are defined
as follows:
(2)
Column 2: Permitted Primary Uses. Uses which are permitted in each use district are listed, subject to the further regulations in this section and of Article V.
(3)
Column 3: Permitted Accessory Uses. Uses permitted to be accessory to the main use of the premises are listed, subject to the further regulations of Article V.
(5)
Column 5: Off-Street Loading Requirement. The off-street loading spaces listed in this column shall be provided for each building hereafter erected or altered, except for properties located in any CBD district. In addition, see Article IV and § 325-21. The District Regulations Zoning Chart will be updated to remove the off-street loading requirement for all CBD zoning districts.
[Amended 6-5-2013 by Ord. No. 2013-06]
(6)
Column 6: Minimum Lot Size, Area in Square Feet. Lots hereafter used for a permitted use in each use district shall be of a size equal to or greater than the total square feet indicated in this column, subject to the further regulations of Column 7 of the District Regulations Chart and of Article V.
(7)
Column 7: Minimum Lot Size, Width in Feet at Street Line. Lots hereafter used for a permitted use in each use district shall have frontage measured on a public right-of-way equal to or greater than the width specified in this column, subject to the further regulations of Column 6 of the District Regulations Chart and of Article V.
(8)
Column 8: Maximum Height of Building, Number of Stories.
Buildings hereafter erected shall be limited to the number of stories
herein specified, computed at the main entrance side. Construction
must comply with construction code standards.
(9)
Column 9: Maximum Height of Building, Height in Feet. Buildings hereafter erected shall be limited in height as specified herein. Where the maximum permitted height in feet would permit a number of stories greater than that specified in Column 8, the maximum number of stories shall govern the height of the building, subject to the further regulations of Article V.
(10)
Column 10: Maximum Percentage of Lot Coverage by Buildings. On a
lot hereafter used, no greater percentage of total lot area may be
covered by principal and accessory buildings above ground. For this
purpose, the area covered by principal and accessory buildings shall
include all porches, attached or freestanding decks, balconies projecting
more than two feet from a building or structure, ramps, and/or landings.
This sum, divided by the total lot area, shall not exceed the maximum
allowed percentage of lot coverage specified in this column.
[Amended 10-1-2014 by Ord. No. 2014-12]
(11)
Column 11: Yard Dimensions, Front, Required Minimum.
The front yard shall be not less than the figure listed herein, which
figure shall be deemed to be the minimum front yard depth permitted
in the district.
(12)
Column 12: Yard Dimensions, Side, One Side at Least.
Buildings hereafter altered or erected in each district must be located
so that one side yard will be at least as wide as specified in this
column, subject to the further regulations of Column 13.
(13)
Column 13: Yard Dimensions, Side, Other at Least.
Buildings hereafter erected in each use district must have two side
yards as specified in this column and Column 12. One side yard shall
be at least as wide as specified in this column, subject to the further
regulations of Column 12.
(14)
Columns 14 and 15: Yard Dimensions, Rear.
[Amended 4-1-1992 by Ord. No. 92-5]
(a)
Subject to the provisions of the following Subsection A(14)(b), buildings hereafter erected in each district must have a rear yard of at least the depth which is the percentage figure listed in this column. Such percentage shall be taken of the lot depth. If the two side lot lines are of unequal lengths, the rear yard percentage shall be taken of the average of the two lengths. (See illustration below.)
(b)
In applying the lot depth percentage of this
column [see previous Subsection A(14)(a)], no rear yard shall be required
which is a greater number of feet in depth than the maximum footage
figure listed in this column. However, rear yards of a greater depth
shall not be prohibited.
(c)
For some districts, the required rear yard dimensions
are stated in terms of minimum footage requirements. In those cases,
the percentage of lot depth and maximum footage figures do not apply.
(d)
On a corner lot or through-block lot, the yard
on the opposite side of the lot from the street whose address the
lot bears shall be designated as the rear yard. (See illustration
below.)
(15)
Column 16: Minimum Height of Building, Height in Feet.
Buildings hereafter erected shall have a minimum height as specified
herein; provided, however, that the requirements of this column shall
not apply to development, including additions and/or expansions of
existing development where the new development or addition or expansion
of the existing development does not exceed a footprint of 500 square
feet.
[Added 4-1-1992 by Ord. No. 92-5; amended 10-6-1993 by Ord. No.
93-18]
[1]
Editor's Note: The District Regulations Chart is included as an attachment to this chapter. The District Regulations chart has been amended by Ord. No. 2020-04, this ordinance and any future amendments to the Chart are on file in City offices.
B.
General notes pertaining to regulations.
(1)
For minimum lot size requirements stated in Column
6, Area in Square Feet, for all residential use districts, each square-footage
requirement applies separately to the initial permitted primary use
and to each additional permitted primary use located in a separate
building on the property in question (e.g., in R-2b Districts, an
area of 3,000 square feet is required for a one family house or a
two-family house, and an additional area of 3,000 square feet is required
for each additional one-family house or two-family house on the property).
(2)
Landfilling and bulkheading plans and procedures shall
be subject to approval of the Board of Public Works.
(3)
Regulations, standards and permitted uses are generally
cumulative, except for the P-1 and MH-1 Districts and except where
otherwise indicated by specific prohibition or omission.
[Amended 12-6-2000 by Ord. No. 2000-12]
(4)
Where a variance or special permit is required or
where special conditions apply to allow in one district a use which
is permitted by right in another district, the regulations applying
to such use shall be those of whichever district has the stricter
regulations, unless otherwise determined by the Board of Zoning Appeals.
(5)
All uses permitted or allowed in any district shall conform to the general performance standards as set forth in § 325-23.
(6)
[2]In R-1 and R-2 Districts, minor dependent children in the
care of a parent or relative shall be excluded in determining the
number of unrelated occupants in a dwelling unit.
[2]
Editor's Note: Former Subsection B(6), regarding
uses in the FH-1 Zone, was repealed 12-6-2000 by Ord. No. 2000-12;
said ordinance also provided for the renumbering of former Subsection
B(7) to B(10) as Subsection B(6) to B(9).
(7)
[3]In all districts, the New York State Uniform Fire Prevention
and Building Code may impose additional requirements pertaining to
the location of a structure on a parcel of property, including, for
example, additional building setback requirements.
[3]
Editor's Note: Former Subsection B(7), regarding rear yard
depth for multiple dwellings, was repealed 8-4-2010 by Ord. No. 2010-03;
said ordinance also provided for the renumbering of former Subsection
B(8) to B(9) as Subsection B(7) to B(8).
(8)
All columns established by this section are subject to the supplementary regulations stated in Article V of this chapter.
(9)
For special conditions on development of property in R-3 that directly abuts R-1, § 325-9B(1).
[Added 6-6-2012 by Ord. No. 2012-03]
(10)
See § 325-8A(15) for applicability of minimum height regulations.
[Added 6-6-2012 by Ord. No. 2012-03]
C.
Additional restrictions in the West End/Waterfront, the Cherry Street
District, the Market District, and the Newman Districts.
[Added 10-5-2011 by Ord. No. 2011-13]
(1)
Lookout Point restrictions. The first 100 feet south from the northern
tip of Inlet Island is to remain a no-build area. In addition, in
the first 300 feet south from the northern tip of Inlet Island, no
building may be constructed that is greater than one story in height.
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Lookout Point
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(2)
Flood control channel restrictions. For all properties that are located
along the flood control channel as shown on the City of Ithaca Zoning
Map, or properties that directly abut the Department of Environmental
Conservation twenty-five-foot permanent easement, no construction
is permitted within the first 25 feet along the flood control channel,
measured from the top of the existing bank. The first 15 feet of the
no-build area is to be unobstructed space, but may have removable
vertical elements, so that maintenance equipment can access the flood
control channel. Outdoor furnishings, such as benches, may be placed
in the remaining 10 feet adjacent to the building but must be kept
to no more than 25 feet in length with 50 feet of clear spaces between
to allow for vehicular access.
(3)
Stepback requirement. For all properties within the WF-1 zoning district
that have frontage on the waterfront the first 10 feet of any new
construction facing the waterfront is restricted to be at least two
stories and not more than three stories in height. As an incentive,
buildings that provide a public walkway along the waterfront shall
be exempt from the stepback requirement. In addition, any properties
that are located along a public waterfront walkway or an easement
for a public waterfront walkway are exempt from the stepback requirement.
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Stepback Requirement
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(4)
Setback requirement. All properties within the WF-1 zoning district
that are located along the waterfront are to maintain a fifteen-foot
no-build area measured from the shoreline or from the inner boundary
of the easement for the Cayuga Waterfront Trail where such easement
exists.
(5)
Sidewalk and tree lawn requirements. All new construction located
in the Cherry Street, the West End/Waterfront, the Market, or the
Newman Districts must provide a eight-foot tree lawn and five-foot
sidewalk along the street frontage of the property. The Planning Board
may amend this requirement based on site conditions.
[Added 6-3-2020 by Ord. No. 2020-04[4]]
[4]
Editor's Note: The title of this subsection was also changed
from "Additional restrictions for WF-1 and WF-2 districts" to "Additional
restrictions in the West End/Waterfront, the Cherry Street District,
the Market District, and the Newman Districts" pursuant to this ordinance.
(6)
Maximum building length. All new structures located within the West
End/Waterfront District shall be constructed to be no more than 100
feet in length. In addition, there needs to be a minimum of twenty-foot
break between buildings. Exceptions may be made to allow for a physical
break in the building with a minimum of 24 feet in height measured
from floor to ceiling, allowing for public access to the waterfront.
Exceptions to maximum building length may be granted by the Planning
Board.
[Added 6-3-2020 by Ord. No. 2020-04]
D.
Additional
restrictions in the CBD districts.
[Added 6-5-2013 by Ord. No. 2013-04]
(1)
The
CBD-50 Zone is located within the DeWitt Park Historic District. New
construction in any zone that is located within a designated local
historic district is subject to review and approval by the Ithaca
Landmarks Preservation Commission for compliance with § 228-5B
and C of the Municipal Code.
(2)
Due
to its close proximity to historically significant structures and
in order to mitigate the impacts of taller buildings on these nearby
structures, for all new construction located in the portion of the
CBD-85 District directly fronting the 100 block of West Green Street,
the front façade of any newly-constructed structure must contain
a stepback of between 15 feet to 25 feet after the first two to four
stories, before the structure can build up to the maximum allowable
height of this district.
(3)
All properties located in the CBD district that contain a storefront
that fronts on the Primary Commons must contain an active use on the
street level for that portion of the building that fronts onto the
Primary Commons. Additionally, all properties located within the boundaries
shown on the map, entitled "Proposed Boundary for Mandatory Street
Level Active Use Overlay Zone (SLAUOZ)-July 2017" must also contain
active use on the street level for the portions of the building that
front onto the street. Nonactive uses are prohibited on the storefronts
that front onto the street or onto the Commons. Examples of nonactive
uses include, but are not limited to, any residential uses or commercial
activities that have blocked windows. The boundaries of the street
level active use zone are shown on the map, entitled "Proposed Boundary
For Mandatory Street Level Active Use Overlay Zone-July 2017."
[Added 3-2-2016 by Ord.
No. 2016-06; amended 8-2-2017 by Ord. No. 2017-09]
(a)
"Active uses" are defined as uses that encourage high levels
of pedestrian activity and enliven the streetscape, and create well-lit
spaces with ample visibility into the storefront area. Active uses
include, but are not limited to, the following:
[1]
Retail store or service commercial facility.
[2]
Restaurant, fast-food establishment, or tavern.
[3]
Theater, bowling alley, auditorium, or other similar public
place of assembly.
[4]
Hotel.
[5]
Bank or monetary institution.
[6]
Confectionary, millinery, dressmaking and other activities involving
light hand fabrication, as well as sales.
(b)
Additional uses may be permitted if the Planning and Development
Board determines them to be an active use and grants special approval
for the use. The Planning Board may also grant a special approval
of a nonactive use if a property owner is able to show that the physical
structure is not easily adaptable to be used as one of the above-listed
active uses.
E.
Additional restrictions in the South Hill area.
[Added 11-1-2017 by Ord.
No. 2017-14]
(1)
South Hill Overlay District restrictions.
(a)
After the date of this amendment, any property located within
the South Hill Overlay District with a zoning designation of R-1 or
R-2 is prohibited from constructing a primary structure on any parcel
already containing one or more primary structures, and is prohibited
from constructing more than one primary structure on a parcel containing
no primary structures. The preceding sentence shall not impact future
changes to primary structures existing prior to the effective date
of this subsection.
