For the purposes of this chapter certain terms
and words shall be interpreted as follows:
A.
Unless otherwise specifically defined herein or otherwise
indicated, all words used in this chapter shall carry their customary
meanings.
B.
Words used in the present tense include the future.
C.
The plural usage includes the singular.
D.
The word "shall" is mandatory.
E.
The word "may" is permissive.
F.
The word "lot" includes the word "plot" or "parcel."
G.
The words "occupied" or "used" shall be considered
as though followed by the words "or intended, arranged, or designed
to be used or occupied."
H.
The word "he" or "she" includes the opposite gender
and in both instances includes the word "it."
Where provisions of this chapter impose greater
restrictions than those of any statute, other ordinance, law, or regulation,
the provisions of this chapter shall be controlling. When the provisions
of any statute, other ordinance, law, or regulation impose greater
restrictions than this chapter, the provisions of such other statute,
ordinance, law, or regulation shall be controlling.
For the purpose of this chapter certain words
and terms shall have the following meanings unless the context otherwise
requires:
A second dwelling unit subordinate in size to the principal
dwelling unit on a lot, located in either the principal dwelling or
a separate structure.
[Added 12-11-2017 by L.L.
No. 20-2017]
A dwelling unit that is physically attached or connected
to a principal dwelling by means of a permanent enclosed, conditioned
(heated and/or cooled) area, or that shares at least one wall with
the principal dwelling unit.
[Added 4-11-2022 by L.L. No. 5-2022]
An accessory dwelling unit that occupies part or all of a
structure that is on the same lot as a principal dwelling, and does
not meet the definition of "accessory dwelling unit, attached."
[Added 4-11-2022 by L.L. No. 5-2022]
An establishment for adults which provides for hire residential
care and services to adults who, by reason of choice, physical or
other limitations associated with age, physical or mental disabilities
or other factors, are unable or substantially unable to live independently
or choose not to live independently. Such establishment includes an
adult care facility as defined in the New York Social Services Law
which has received and continues to maintain a validly issued operating
permit as an adult care facility from New York State Department of
Social Services or a County Department of Social Services. Such definition
also includes retirement homes and communities which provide residences
for the elderly with some supportive services.
An establishment for adults which provides for hire day-care
services to adults who, by reason of physical or other limitations
associated with age, physical or mental disabilities or other factors,
are unable or substantially unable to live independently without supervision.
A business involving one or more of the following:
Adult arcades where, for any form of consideration,
one or more motion-picture projectors, slide projectors, video cassette
players, computers, or similar machines, for viewing by five or fewer
persons each are used to show films, motion pictures, video cassettes,
slides, computer generated images, or other photographic reproductions,
which are characterized by emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas.
Adult bookstores which have as a substantial
(50% or more) portion of its stock-in-trade and offers for sale, for
any consideration, any one or more of the following:
Books, magazines, periodicals, or other printed
matter or photographs, films, motion pictures, video cassettes, slides
or other visual representations, which are characterized by an emphasis
upon the depiction or description of specified sexual activities or
specified anatomical areas, or
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities.
Adult cabarets meaning any nightclub, bar (including
establishments which do not serve alcoholic beverages), restaurant,
or similar establishment, which regularly features live performances
characterized by exposure of specified anatomical areas or by specified
sexual activities or films, motion pictures, video cassettes, slides
or other photographic reproductions characterized by an emphasis upon
the depiction or description of specified sexual activities or specified
anatomical areas.
Adult motion-picture theater where, for any
form of consideration, films, motion pictures, video cassettes, slides
or other photographic reproductions are regularly shown, and in which
a substantial portion of the total presentation time is devoted to
the showing of material characterized by an emphasis upon the depiction
or description of specified sexual activities or specified anatomical
areas.
Adult theater meaning a theater, concert hall,
auditorium or similar establishment which, for any form of consideration,
regularly features live performances in which a substantial portion
of the total presentation time is devoted to the exposure of specified
sexual activities or specified anatomical areas.
Massage parlor where, for any form of consideration,
massage, alcohol rub, fomentation, electric or magnetic treatment
or manipulation of the human body is administered, unless by a medical
practitioner, chiropractor, acupuncturist, physical therapist, licensed
massage therapist, or similar professional person licensed by the
state. This definition shall not be deemed to include an athletic
club, health club, school, gymnasium, reducing salon, spa or similar
establishment where massage or similar manipulation of the human body
is offered as an incidental accessory service.
Peep show where, for any form of consideration,
persons may observe from individual enclosures shows which regularly
feature live performances characterized by exposure of specified anatomical
areas or by specified sexual activities or films, motion pictures,
video cassettes, slides, computer generated images, or other photographic
reproductions characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas.
The production of agricultural products, such as crops, livestock,
poultry and dairy goods, and the preparation or marketing of such
products produced, or derived from products produced, predominantly
on site. Agricultural activity shall also include practices that allow
land used for agricultural activity to lie fallow for a period not
exceeding five consecutive years.
[Added 5-7-2012 by L.L. No. 8-2012]
Activities conducted as part of farm operations and offered
to the public or to invited groups for the purpose of recreation,
education or active involvement in the farm operation, and which are
related to agricultural or natural resources and incidental to the
primary farm operation on the site. Agritourism activities include
farm tours, hayrides, corn mazes, u-pick operations, farm festivals,
youth and/or adult education activities related to agricultural products
or skills, and similar uses.
[Added 2-14-2022 by L.L. No. 3-2022]
Also known as dual-use solar, is the simultaneous use of
land for both solar voltaic power generation and crop or livestock
farming.
[Added 6-26-2023 by L.L.
No. 10-2023]
As applied to a building or structure:
An enlargement by increasing in height or by
extending on a side, front, or back;
Moving from one location or position to another;
Any change, addition, or removal of the structural
parts; or
Any change, addition, or removal of partitions,
or any change in walls, ceiling, windows, or doors.
The term "ALTER," in its various modes and tenses
and its participial form, refers to the making of an alteration.
Structures and equipment used by amateur radio operators
who are licensed by the Federal Communications Commission, including
antennas, towers, rotors, mounts, guy wires and anchors, but this
term shall not include mobile equipment that is contained in a car
or other motor vehicle or is completely portable and not affixed in
any manner to realty (the exception for mobile equipment does not
extend to any antennas attached, directly or indirectly, such as on
a tower or other structure, to realty or to other facilities used
in connection with such mobile equipment).
[Added 8-13-2007 by L.L. No. 7-2007]
A one-of-a-kind work of visual art that is hand-painted,
hand-tiled or digitally printed directly on, or affixed directly to,
an exterior wall of a building.
[Added 8-7-2017 by L.L.
No. 12-2017]
A fixed or movable roof-like frame structure that is entirely
supported from a building and projects over doors, windows or other
portions of the building exterior.
[Added 8-7-2017 by L.L.
No. 12-2017]
A sign in which the illumination source appears behind the
graphics of the sign to create a highlight that separates the graphics
from the background.
[Added 8-7-2017 by L.L.
No. 12-2017]
The condition where streamflow just fills a stream channel
up to the top of the bank and at a point where the water begins to
flow over its bank.
[Added 5-7-2012 by L.L. No. 8-2012]
A type of sign made of flexible material that has all corners
attached to poles by grommets or pole pockets.
[Added 8-7-2017 by L.L.
No. 12-2017]
That portion of a building that is partly or completely below
grade and is not considered a "story above grade," as that term is
defined in this section.
[Amended 10-19-2009 by L.L. No. 13-2009]
An owner-occupied residence providing at least three but
not more than five rooms for temporary transient lodgers with sleeping
accommodations and a meal in the forenoon of the day. For the purposes
of this definition, to qualify as an owner-occupied residence, the
residence must be the principal residence of at least one of the property
owners, the owner-occupant(s) must reside in the principal residence
for a minimum of 185 days per year, and no other owner(s), collectively
or individually, may own a larger percentage of the tax parcel than
the owner-occupant(s).
[Amended 12-29-2021 by L.L. No. 18-2021]
A waterway or a substantially undeveloped stretch of land
consisting of vegetation that serves to facilitate wildlife movement
between habitat areas. Biological corridors may cross more than one
parcel of land.
[Added 3-12-2012 by L.L. No. 3-2012]
A vehicle designed for travel in or on water.
[Added 7-13-2009 by L.L. No. 10-2009]
Facility to launch and retrieve boats.
[Added 7-13-2009 by L.L. No. 10-2009]
Any mechanical device used to raise or lift a boat out of
the water for waterside storage or storage above the water’s
surface.
[Added 7-13-2009 by L.L. No. 10-2009]
A structure having a roof supported by columns or by walls
and intended for shelter, housing, protection or enclosure of persons,
animals or property.
A detached building subordinate and clearly incidental to
the principal building on the same lot and used for purposes customarily
incidental to those of the principal building.
The total areas taken on a horizontal plane at the main grade
level of the principal building and all accessory buildings exclusive
of uncovered porches, terraces and steps.
The New York State Uniform Fire Prevention and Building Code
(9 NYCRR Part 600 et seq.) as the same may be amended from time to
time, and any successor regulations, laws or codes.
The exterior surface of a building.
[Added 8-7-2017 by L.L.
No. 12-2017]
That part of a building or lot facing a sidewalk, street,
or other public place.
[Added 8-7-2017 by L.L.
No. 12-2017]
The line formed by the intersection of the vertical plane
that coincides with the most projected exterior point of a building
on any side and the ground. Front, side, and rear building lines are
respectively the building lines closest to the highway right-of-way,
side property line and rear property line.
A small wind energy facility that is specifically designed
for installations on the roofs, sides or other elevated surfaces of
buildings.
[Added 8-11-2008 by L.L. No. 13-2008]
A building within which is conducted the primary uses of
the lot on which the building is located.
A roof-like frame structure that is a) supported by the exterior
wall of a building and on columns or poles, or b) self-supported wholly
on columns or poles. A canopy differs from an awning because it is
not entirely supported by the building.
[Added 8-7-2017 by L.L.
No. 12-2017]
See "garage."
[Added 8-13-2012 by L.L. No. 11-2012]
A person or enterprise that prepares food for hire for consumption
predominantly off premises.
That space of a building that is partly or entirely below
grade, which has more than half of its height, measured from floor
to ceiling, below the average finished grade of the ground adjoining
the building.
A facility, home, or other establishment defined as a child
day-care center in § 390 of the Social Services Law providing
child care for seven or more children for hire licensed by the New
York State Department of Social Services at which day care is provided
for hire, and which is not a school, day-care home, family day-care
home, or group family day-care home. (See also "day-care home," "family
day-care home," "group family day-care home.")
A method of cutting, removal or harvesting that removes 50%
or more of the trees of six inches or more in diameter at breast height
in any area of more than one acre on a parcel.
[Added 3-12-2012 by L.L. No. 3-2012]
A building or any part of a building which is used for the
group practice of medicine by several physicians in which certain
facilities other than reception are shared by the occupants and in
which patients are diagnosed or treated by physicians practicing as
a group.
A building or premises used exclusively by members of an
organization and their guests which premises or buildings are devoted
to recreational or athletic purposes, not primarily conducted for
gain. It excludes commercial and merchandising activities for other
than its own membership.
A facility which accepts materials for composting from locations
other than the property on which the facility is located. A commercial
composting facility does not include composting facilities where the
materials deposited for composting originate solely from the property
on which the facility is located, or from a property on which activities
are conducted by the owner of the composting facility that are related
to the activities that are conducted on the property on which the
facility is located.
[Added 8-1-2005 by L.L. No. 7-2005]
A facility for adult residents operated by or subject to
licensure by the Office of Mental Health or the Office of Mental Retardation
and Developmental Disabilities of the State of New York defined as
a Community Residence in the Mental Hygiene Law.
A sign that is designed such that the visual message may
be physically removed and changed on a periodic basis.
[Added 8-7-2017 by L.L.
No. 12-2017]
A facility, home, or other establishment at which day care
is provided for hire for more than three hours per day per child for
no more than two children.
A fence commonly used to protect gardens, vegetation and
yards from deer and constructed so that at least 85% of its face is
open when viewed from a position that is at a right angle to the fence.
Notwithstanding the foregoing, chain link fences shall not be considered
deer fences under this chapter even if they meet the criteria in this
definition.[1]
[Added 11-9-2009 by L.L. No. 14-2009]
The diameter of a tree 4 1/2 feet above ground level.
[Added 3-12-2012 by L.L. No. 3-2012]
A structure built over or floating upon the water and used
as a landing place for boats, fishing, swimming or other uses.
[Added 7-13-2009 by L.L. No. 10-2009]
Domesticated horses, ponies, donkeys, sheep, cattle, llamas,
goats, pigs, ducks, geese, chickens, swans, turkeys, rabbits, cats,
dogs, or other domesticated animals found to be of a similar nature
by the Zoning Board of Appeals, kept and maintained for personal use
rather than for commercial uses, and not generally available for sale.
An establishment or facility that by design of physical facilities
permits customers to receive a service or obtain a product (including
food) while remaining in a motor vehicle on the premises.
A building designed or used primarily as the living quarters
for one or more families.
A dwelling, or portion of a dwelling, providing complete
living facilities for one family.
A separate, detached, temporary one-family dwelling, accessory to a one- or two-family dwelling on a lot erected and occupied in accordance with the provisions of § 270-216 of this chapter.
One or more devices, assembled together, capable of storing
energy in order to supply electrical energy at a future time, not
to include a stand-alone twelve-volt car battery or an electric motor
vehicle.
[Added 6-26-2023 by L.L.
No. 10-2023]
A sign described in § 270-250A that is exempt from the provisions of this chapter.
[Added 8-7-2017 by L.L.
No. 12-2017]
An individual, or
Two or more persons occupying a single dwelling
unit, related by blood, marriage, or legal adoption, living and cooking
together as a single housekeeping unit, or
Two unrelated persons, occupying a single dwelling
unit, living and cooking together as a single housekeeping unit.
Notwithstanding the provisions of Subsection C of this definition, a group of unrelated persons numbering more than two shall be considered a family upon a determination by the Zoning Board of Appeals that the group is a functional equivalent of a family pursuant to the standards enumerated in Subsection F herein.
Before making a determination whether a group of more than two unrelated persons constitutes a family for the purpose of occupying a dwelling unit, as provided for in Subsection D of this definition, the Zoning Board of Appeals shall hold a public hearing, after public notice, as is normally required for the obtaining of a variance. The fee for such an application shall be the same as is required for an application for a variance. Said application shall be on a form provided by the Zoning Board of Appeals or Zoning Enforcement Officer.
In making a determination under Subsection D the Board of Appeals shall find:
The group is one which in theory, size, appearance
and structure resembles a traditional family unit.
The group is one which will live and cook together
as a single housekeeping unit.
The group is of a permanent nature and is neither
merely a framework for transient or seasonal (including as "seasonal"
a period of an academic year or less) living, nor merely an association
or relationship which is transient or seasonal in nature. In making
this finding, the Zoning Board of Appeals may consider, among other
factors, the following:
Whether expenses for preparing of food, rent
or ownership costs, utilities, and other household expenses are shared
and whether the preparation, storage and consumption of food is shared.
Whether or not furniture and appliances are
owned in common by all members of the household.
Whether or not any children are enrolled in
local schools.
Whether or not householders are employed in
the local area.
Whether or not the group has been living together
as a unit for an extended period of time, whether in the current dwelling
unit or other dwelling units.
Any other factor reasonably related to whether
or not the group of persons is the functional equivalent of a traditional
family.
In making determinations under this definition, the Zoning Board of Appeals shall not be required to consider the matters set forth in § 270-200 of this chapter.
Lesser permitted number.
Notwithstanding the provisions elsewhere provided
herein, if the following limitations result in a lesser permitted
number of occupants than would be permitted under the definition of
family set forth above and the regulations of each zone set forth
later in this chapter, the number of occupants, related or otherwise,
shall not exceed the maximum numbers determined on the basis of habitable
space of each dwelling unit as follows:
In no case shall the enclosed floor area be less than required by § 270-220 of this chapter.
Areas utilized for kitchenettes, bath, toilet,
storage, utility space, closets, and other service or maintenance
space shall be excluded in determining "habitable space."
A facility, home, or other establishment, defined as a family
day-care home in § 390 of the Social Services Law, at which
day care is provided for hire for generally three to six children
and which is registered with the Tompkins County Department of Social
Services and is operated in accordance with the state and county regulations
governing operations of a family day-care center.
An adult care facility providing services to four or fewer
adult persons unrelated to the operator, all as defined as a family-type
home for adults in the New York Social Services Law § 2.
Any parcel of land containing at least three acres which
is used in the raising of agricultural products, such as crops, livestock,
poultry, and dairy goods. It includes structures necessary to the
production and storage of agricultural products and equipment and
on-farm buildings used for preparation or marketing of products produced,
or derived from products produced, predominantly on the farm property
on which the building is located subject to the limitations regarding
roadside stands set forth in this chapter.
[Amended 8-1-2005 by L.L. No. 7-2005]
A farm which includes facilities for room and/or board for
up to three people unrelated to the owner or operator of the farm,
which people temporarily occupy farm premises and participate in the
farming activities for the purposes of learning about farm life.
Any human-made structure, including a gate that is part of
the structure, that is designed to enclose land, divide land, mark
a boundary, limit access to or direct passage across land, screen
structures or land, protect against a potential hazard, or serve a
decorative purpose. A freestanding arch or arbor shall not be considered
a fence or wall even if it meets the criteria in this definition;
an arch or arbor attached to a fence or wall shall be considered a
part of the fence or wall.
[Added 11-9-2009 by L.L. No. 14-2009]
A type of sign made of fabric or other flexible material
attached to or designed to be flown from a flagpole or similar device.
[Added 8-7-2017 by L.L.
No. 12-2017]
A freestanding structure or a structure attached to a building
and used for the purpose of displaying flags.
[Added 8-7-2017 by L.L.
No. 12-2017]
Any illuminated sign on which the artificial light is not
maintained stationary and/or constant in intensity and color at all
times.
The various types of vegetation typically found in a forest,
including trees, logs, saplings, brush, grass and other botanical
forest products.
[Added 7-11-2011 by L.L. No. 10-2011]
A sign affixed to the ground independent of any adjacent
building or structure.
[Added 8-7-2017 by L.L.
No. 12-2017]
A portion of a building, or a detached covered building,
designed to be used primarily for storage of automobiles and other
similar motor vehicles. For a garage that is part of a building, the
garage use must be subordinate and clearly incidental to the use of
the rest of the building. For a detached garage, the garage building
must be subordinate and clearly incidental to the principal building,
and be located on the same lot as the principal building except as
otherwise specifically permitted by this chapter.
[Amended 8-13-2012 by L.L. No. 11-2012]
A reference plane representing the average of the finished
ground level adjoining the building at all exterior walls. Where the
finished ground level slopes away from the exterior walls, the reference
plane shall be the average of the lowest points within the area between
the building and the lot lines or, where any lot line is more than
six feet from the building, the reference plane shall be the average
of the lowest points within the area between the building and a perimeter
six feet from the building.
[Added 10-19-2009 by L.L. No. 13-2009]
The letters, figures, emblems, devices, and other representations
comprising the visual message of a sign.
[Added 8-7-2017 by L.L.
No. 12-2017]
A facility, home, or other establishment defined as a group
family day-care home in § 390 of the Social Services Law,
licensed by the New York State Department of Social Services or by
the Tompkins County Department of Social Services, at which day care
is provided for hire for generally seven to 14 children and is operated
in accordance with the state and county regulations governing operations
of a group family day-care home.
As it relates to a land-based structure other than a building,
the distance measured from the lowest level or portion of the structure
(slab or base) in contact with the ground surface to the highest point
at the top of the structure. As it relates to a structure built over
or floating upon water, the vertical distance measured from the ordinary
high water level to the highest portion of the structure.
[Amended 7-13-2009 by L.L. No. 10-2009]
As it relates to a building, the vertical distance measured
from the surface of the lowest level (floor of a crawl space, basement
floor, slab, or other floor, even if below exterior grade level) in
contact with the ground surface to the highest point of the roof,
excluding chimneys, antennae, and other similar protuberances. When
the measurement of height from the lowest interior grade is made from
the floor of a cellar the maximum permissible height from lowest interior
grade shall be increased by four feet. This permitted increase shall
not apply when the measurement is from any other floor, including
a basement floor, slab or other floor.
As it relates to a building, the vertical distance from the
lowest point of the exterior finished grade adjacent to the wall of
the building to the highest point of the roof, excluding chimneys,
antennae and other similar protuberances.
[Amended 2-12-2007 by L.L. No. 1-2007]
A business conducted within a dwelling, or a
building accessory thereto, by a resident of the dwelling, which is
clearly incidental and secondary to the use of the property for residential
purposes, and which is the type of business that is customarily conducted
within a dwelling or building accessory thereto.
Home occupations typically include, but are
not limited to architects, attorneys, career consultants, carpenters,
caterers, computer programmers, dentists, doctors, dressmakers, editors,
electricians, engineers, financial consultants, hairdressers, insurance
brokers, plumbers, realtors, teachers, translators and writers.
A building other than a hospital or nursing home where more
than two terminally ill persons are regularly lodged and furnished
with meals and nursing care and which has been granted a certificate
of approval to operate as a hospice pursuant to the Public Health
Law or any successor regulating state law.
An establishment for temporary overnight occupation by sick
or injured persons for the purpose of medical treatment licensed by
the State of New York for such purposes.
[Amended 6-12-2006 by L.L. No. 9-2006]
A building containing rooms designed and originally planned
to be rented or hired out for living or sleeping accommodations for
transient occupancy.
Domesticated dogs, cats, birds, fish, amphibians, reptiles,
mice, ferrets, rabbits, hamsters, gerbils, and other domesticated
small animals ordinarily kept as pets which eat and sleep within a
dwelling unit occupied by a family.
A sign illuminated internally or externally by artificial
light, or which is composed of luminous tubing or other artificial
lighting devices.
[Added 8-7-2017 by L.L.
No. 12-2017]
Any paved, hardened or structural surface which does not
allow infiltration of water. Such surfaces include, but are not limited
to, impervious streets, driveways, parking lots, and tennis courts,
buildings, and swimming pools.
[Added 5-7-2012 by L.L. No. 8-2012]
An establishment that provides off-site lawn, garden, and
landscape services, including lawn installation and mowing, planting
and vegetation maintenance, and stone and hardscape installations
that require the use of machinery, equipment, trucks and other appurtenances
that are stored on the provider's premises, including outdoor landscaping
supplies such as rock, stone, and mulch.
[Added 10-21-2019 by L.L.
No. 8-2019]
Any area of land bounded by property lines which is not divided into parts by a public road or railroad. Each part of any area so divided by a road or railroad is considered an individual lot for zoning and subdivision purposes, but any further division of any such part shall occur only upon compliance with the applicable regulations of Chapter 234, Subdivision of Land, of the Code of the Town of Ithaca.
[Amended 1-9-2006 by L.L. No. 1-2006]
The area of a lot, excluding any portion of a public highway
right-of-way that may be included within deed description of the lot.
The distance between a point on a public highway right-of-way
line and the rear of the lot measured perpendicularly from the street
line. A lot need meet the minimum depth requirements set forth in
this chapter at only one point and not uniformly throughout the lot's
entire width.
A property boundary of a lot, except where the property boundary
is the center line or other portion of a public highway, in which
event the property line is the highway right-of-way line.
Lot line that borders a public frontage or contextual lot
front or separates a lot from a thoroughfare (not including alleys).
At a corner lot, a front lot line follows the shorter of the two public
frontages, or the contextual lot front. At a through lot (double frontage
lot), a front lot line is the line crossed for main access to the
lot or the contextual lot front.
[Added 6-26-2023 by L.L.
No. 10-2023]
Tube of light that comes from sources such as neon, cold
cathode, fiber optic, LED or other electric or gas-discharge source.
[Added 8-7-2017 by L.L.
No. 12-2017]
A lakeshore business whose purpose includes the sale of boats,
supplies and fuel; rental of boats, marine equipment, dock and mooring
space; winter storage; service of boats and marine equipment; and/or
provisions for boat access to the lake.
[Amended 7-13-2009 by L.L. No. 10-2009]
A permanent roofed structure that is attached to and projects
from a theater building's entrance. Marquees are supported entirely
by the building and are generally designed to provide protection from
the sun and rain.
[Added 8-7-2017 by L.L.
No. 12-2017]
The extraction of overburden and minerals from the earth;
the preparation and processing of minerals, including any activities
or processes or parts thereof for the extraction or removal of minerals
from their original location and the preparation, washing, cleaning,
crushing, sorting, stockpiling or other processing of minerals at
the mine location so as to make them suitable for commercial, industrial,
or construction use; the removal of such materials through sale or
exchange, or for commercial, industrial or municipal use; and the
disposition of overburden, tailings and waste at the mine location;
or any one of the above activities. Mining shall not include the excavation,
removal and disposition of minerals from the site of, and incidental
to, a construction project, or excavations incidental to bona fide
agricultural activities provided, however, such excavations, removal
or disposition are subject to obtaining fill permits if required as
set forth in this chapter. For the purpose of this definition:
MINERALSMean any naturally formed, usually inorganic, solid material located on or below the surface of the earth. "Minerals" include, but are not limited to, peat, topsoil, gravel, and stone.
OVERBURDENMeans all of the earth, vegetation and other solid materials which lie above or alongside a mineral deposit.
[Amended 7-11-2011 by L.L. No. 10-2011]
SPOIL and TAILINGSHave the meanings given to them by Article 23 of the New York State Environmental Conservation Law or any similar or successor statute.
A commercial facility with accessory residential facilities,
the floor area (inclusive of all floors on all stories dedicated to
the residential use) of which residential facilities is less than
the floor area (inclusive of all floors on all stories dedicated to
commercial use) of the commercial use, and which residential facilities
are located elsewhere in the building than on the street frontage
of the ground floor.
A transportable dwelling unit suitable for year-round occupancy.
A mobile home is designed and built to be towed on its own chassis,
comprised of frame and wheels, and connected to either public or private
utilities. The unit may contain parts which may be folded, collapsed,
or telescoped when being towed and expanded later to provide additional
cubic capacity. A mobile home may also be designed as two or more
separately towable components designed to be joined into one integral
unit capable of again being separated into the components for repeated
towing. This definition excludes travel or camping trailers towed
by a motor vehicle and neither wider than eight feet nor longer than
32 feet. Self-propelled motor homes, or modular housing which is not
built with an integral chassis and which must be transported on a
separate vehicle from factory to housing site are also excluded from
this definition. A mobile home shall be considered a one-family dwelling
only for purposes of determining the number of occupants permitted.
A parcel of land used for the placement of a single mobile
home and the exclusive use of its occupants. A mobile home lot shall
be located in a mobile home park as defined by this chapter.
A parcel of land owned by an individual, partnership, or
corporation which has been planned and improved for the placement
of mobile homes.
That part of an individual mobile home lot which has been
reserved and improved for the placement of the mobile home, appurtenant
structures and additions.
A type of freestanding sign, with a sign face or its base
resting on the ground.
[Added 8-7-2017 by L.L.
No. 12-2017]
An uncovered floating or fixed structure on or under the
water, such as a buoy or wooden pole, to which a boat or other objects
on the water may be secured.
[Added 7-13-2009 by L.L. No. 10-2009]
A building or group of buildings on one lot containing three
or more dwelling units.
A facility where two or more establishments are operated
on any one parcel, or on contiguous parcels under the ownership or
management of the same person, company or other entity.
[Added 8-7-2017 by L.L.
No. 12-2017]
An area of land designated as a Critical Environmental Area,
Unique Natural Area, or other similar environmental designation in
accordance with regulations promulgated by the New York State Department
of Environmental Conservation or any similar successor state agency,
or by any other federal, state, or local governmental unit, and any
area specifically designated as a Significant Natural Area by the
Town Board of the Town of Ithaca after notice to the owner or owners
of the area and a public hearing on such designation.
A sign lawfully existing on the effective date of this chapter
or subsequent amendment thereto, which does not conform to the regulations
applicable in the zoning district in which it is located.
[Added 8-7-2017 by L.L.
No. 12-2017]
A use of land existing at the time of enactment of this chapter
and its amendments which does not conform to the zoning regulations
of the district in which it is situated.
As listed on the “Invasive Plants of the Ithaca, New
York Area” listing produced by the Tompkins County Environmental
Management Council, as revised from time to time, or on other lists
produced by Tompkins County or New York State, these are alien or
exotic plant species that spread and compete with native species,
often eliminating the latter.
[Added 3-12-2012 by L.L. No. 3-2012]
A lot or structure where trees, shrubs, flowering and other
plants are cultivated, grown or stored and sold.
A building other than a hospital where sick or infirmed persons
are lodged, furnished with meals and nursing care for hire and licensed
by the State of New York.
A sign which directs attention to a business, commodity,
service, entertainment, or attraction sold, offered or existing elsewhere
than upon the same lot where such sign is displayed.
[Added 8-7-2017 by L.L.
No. 12-2017]
A detached building containing a single dwelling unit.
The ordinary high water level for Cayuga Lake is 384 feet
above sea level.
[Added 7-13-2009 by L.L. No. 10-2009]
The line on the shore established by the fluctuations of
water and indicated by physical characteristics such as a clear, natural
line impressed on the bank, shelving, changes in the character of
soil, destruction of terrestrial vegetation, the presence of litter
and debris, or other appropriate means that consider the characteristics
of the surrounding areas.
[Added 9-10-2007 by L.L. No. 8-2007]
An area for the temporary parking of a motor vehicle 180
square feet in size exclusive of the parking lot circulation areas.
A solar energy system that converts solar energy directly
into electricity using photovoltaic cells.
[Added 11-7-2016 by L.L.
No. 9-2016]
A sign protruding at an angle from a building or structure.
[Added 8-7-2017 by L.L.
No. 12-2017]
A garage or other structure used for the parking of automobiles
for the public for a fee on an itinerant basis.
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition. Persons
who are not on NYSERDA's list of eligible installers or NABCEP’s
list of certified installers may be deemed to be qualified solar installers
if the Town determines such persons have had adequate training to
determine the degree and extent of the hazard and the personal protective
equipment and job planning necessary to perform the installation safely.
Such training shall include the proper use of special precautionary
techniques and personal protective equipment, as well as the skills
and techniques necessary to distinguish exposed energized parts from
other parts of electrical equipment and to determine the nominal voltage
of exposed live parts.
[Added 10-16-2006 by L.L. No. 11-2006]
A person who has skills and knowledge related to the construction
and operation of wind energy equipment and installations and has received
safety training on the hazards involved. Persons who are on the list
of eligible wind installers maintained by the New York State Energy
Research and Development Authority (NYSERDA) shall be deemed to be
qualified wind energy installers. Persons who are not on NYSERDA's
list of eligible wind energy installers may be deemed qualified wind
energy installers if the Town determines such persons have had adequate
training to determine the degree and extent of the hazard and the
personal protective equipment and job planning necessary to perform
the installation safely. Such training shall include the proper use
of special precautionary techniques and personal protective equipment,
as well as the skills and techniques necessary to safely install wind
energy components such as towers, inverters, and electrical wiring,
to distinguish exposed energized parts from other parts of electrical
equipment, and to determine the nominal voltage of exposed live parts.
[Added 8-11-2008 by L.L. No. 13-2008]
A human-made, vertical or inclined structure designed to
restrict the movement of soil, fill material, or water, stabilize
soil or fill material, retard erosion, or terrace a parcel or site.
[Added 11-9-2009 by L.L. No. 14-2009]
The streets, roads, highways, alleys and sidewalks within
the Town that are public highways by use, or that the Town, county,
or state has acquired by dedication, deeds, or grants or through the
eminent domain process, including paved or finished travel surfaces,
shoulders and ditches and drainageways that convey water runoff from
the travel surfaces.
[Added 8-7-2017 by L.L.
No. 12-2017]
An area adjacent to a stream that typically contains trees,
shrubs, and other ground covers.
[Added 5-7-2012 by L.L. No. 8-2012]
A wall or embankment designed to halt the encroachment of
a water body.
[Added 7-13-2009 by L.L. No. 10-2009]
Temporary tent or yurt lodging facilities used in conjunction
with and as part of farm operations in which guests live while participating
in the farming activities for the purposes of learning about farm
life or while supporting and providing temporary labor to the farm
operations.
[Added 2-14-2022 by L.L. No. 3-2022]
A forestry practice used to create or maintain uneven-aged
stands of trees by periodic removal of individual trees.
[Added 5-7-2012 by L.L. No. 8-2012]
Article 8 of the New York State Environmental Conservation
Law, or any similar successor statute, together with any state regulations
(presently 6 NYCRR Part 617) and local regulations promulgated thereunder.
The mean high-water elevation of Cayuga Lake along the shore.
The rental by a tenant of a dwelling unit, or portion thereof,
for a period of less than 30 consecutive days. "Period" includes consecutive
terms of rental to the same tenant(s).
[Added 12-29-2021 by L.L.
No. 16-2021]
HOSTED SHORT-TERM RENTAL USEA short-term rental use where the owner lives and sleeps in the rented unit, or in another dwelling unit on the same or an adjacent tax parcel, throughout the short-term renter's stay, and no more than two bedrooms are rented at any one time.
UNHOSTED SHORT-TERM RENTAL USEA short-term rental use where the owner does not live and sleep in the rented unit, or in another dwelling unit on the same or an adjacent tax parcel, throughout the short-term renter's stay.
A device for visual communication publicly displayed to identify,
advertise, and/or convey information.
[Added 8-7-2017 by L.L.
No. 12-2017]
The part or parts of a sign that structurally hold up the
sign, including but not limited to, a single pole, two poles on either
side of a sign, or a monument base. Terracing or additional stonework,
pillars, or other structures that are not integrally part of a sign
are not considered supports.
[Added 8-7-2017 by L.L.
No. 12-2017]
A sign whose shape represents an object, or a customary identifying
device such as a barber pole.
[Added 8-7-2017 by L.L.
No. 12-2017]
The increase in elevation per unit of horizontal distance,
expressed as a percentage.
[Added 5-7-2012 by L.L. No. 8-2012]
A wind energy facility that supplies power primarily to on-site
structures or, in the case of a wind energy facility that is a principal
use on a lot, that supplies power primarily to structures on an adjacent
lot.
[Added 8-11-2008 by L.L. No. 13-2008]
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for the generation of electricity or transfer of
stored heat.
[Added 10-16-2006 by L.L. No. 11-2006]
The cumulative land area occupied during the operation of
the solar energy generating facility. This shall include all areas
and equipment within the facility's perimeter boundary, including
the solar energy system, on-site interconnection equipment, on-site
electrical energy storage equipment, and any other associated equipment,
as well as any site improvements beyond the facility's perimeter boundary
such as access roads, permanent parking areas, or other permanent
improvements. The footprint total shall not include site improvements
established for impact mitigation purposes, including but not limited
to vegetative buffers and landscaping features. For small-scale ground-mounted
photovoltaic systems, the solar facility footprint means the maximum
occupied surface area taken up by the rows of solar panels and does
not include the space between the rows.
[Added 11-7-2016 by L.L.
No. 9-2016; amended 6-26-2023 by L.L. No. 10-2023]
A device that stores energy from the sun and makes it available
in an electrical form.
[Added 10-16-2006 by L.L. No. 11-2006]
Solar energy systems that directly heat water or other liquid
using sunlight. The heated liquid is used for such purposes as space
heating and cooling, domestic hot water, and the heating of pool water.
[Added 11-7-2016 by L.L.
No. 9-2016]
The following areas of the human body:
The following activities:
The outdoor accumulation or laying-up of manufactured products
or raw materials, or the keeping of one or more pieces of movable
equipment other than pleasure automobiles.
That part of a building frontage occupied by a single enterprise.
[Added 8-7-2017 by L.L.
No. 12-2017]
Any story having its finished floor surface entirely above
grade, except that a basement shall be considered as a story above
grade where the finished surface of the floor above the basement is:
[Added 10-19-2009 by L.L. No. 13-2009]
A watercourse or surface depression characterized by a defined
channel and stream bed that contain rocks or gravel and where water
flows perennially or intermittently; this does not include man-made
stormwater conveyances, such as grassy or rip-rap stabilized swales,
roadside ditches, or stormwater management practices.
[Added 5-7-2012 by L.L. No. 8-2012]
The sides of the active stream channel, usually marked by
a break in slope.
[Added 5-7-2012 by L.L. No. 8-2012]
An area that extends horizontally landward a specified distance from each side of a stream bank or from its center line, as set forth in § 270-219.5D.
[Added 5-7-2012 by L.L. No. 8-2012]
The map, as it may be amended from time to time, showing
applicable minimum stream setbacks (subject to further extensions
on a site-specific basis for streamside wetlands and/or steep slopes)
and prepared by the Town of Ithaca Planning Department.
[Added 5-7-2012 by L.L. No. 8-2012]
The area immediately adjacent to a stream that is inundated
or saturated by surface water or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances does support,
a prevalence of vegetation typically adapted for life in saturated
soil conditions.
[Added 5-7-2012 by L.L. No. 8-2012]
The limit of the right-of-way of a street, road or highway.
Where the word "street" appears this also means highway or road.
Anything that is constructed or erected on the ground or
upon another structure or building. "Structure" also includes anything
that is constructed or erected underground and projects up to the
ground surface or above, or anything that is constructed or erected
wholly underground other than utility lines, septic and water systems,
or other similar types of underground construction wholly ancillary
to a principal building or structure on the premises. "Structure"
also includes constructed parking spaces. The term "structure" includes
a building. There is excluded from the term "structure," however,
underground graves, vaults or other underground facilities for the
interment of bodies.
Any equipment, other than A) equipment used by amateur radio
licensees regulated by the Federal Communications Commission; or B)
equipment that is used by a governmental unit or agency that is statutorily
expressly exempt from regulation by the Town of Ithaca; or C) mobile
equipment that is contained in a car or other motor vehicle or is
completely portable and not affixed in any manner to realty [the exception
for mobile equipment does not extend to any antenna(s) attached, directly
or indirectly, such as on a tower or other structure, to realty or
to other facilities used in connection with such mobile equipment];
or D) devices covered by the Federal Communication Commission’s
over-the-air reception devices rule, found at 47 CFR Section 1.4000;
or E) antennas that are not licensed by the Federal Communications
Commission and are one meter or less in diameter or diagonal measurement
or (for whip antennas) are one meter or less in length and no more
than three inches thick; used in connection with the provision of
two-way communication services of which at least one of the directions
of communications is wireless, including cellular telephone services,
personal communications services, private radio communications services,
fire and emergency communications, and any other private or public
radio communications transmissions regulated by the Federal Communications
Commission in accordance with the Telecommunications Act of 1996 and
other federal laws. Such uses shall include private commercial uses
as well as public uses. A telecommunications facility shall include
monopole, guyed, or latticework tower(s), as well as antenna(s), switching
stations, principal and accessory telecommunications equipment and
supporting masts, wires, structures and buildings.
[Amended 5-9-2005 by L.L. No. 5-2005]
Area of land that is not part of a lot, devoted for use as
a public way (whether it has public or private ownership) for travel,
gathering, utility infrastructure, and related amenities.
[Added 6-26-2023 by L.L.
No. 10-2023]
The cutting, removal, or harvesting of timber or trees.
[Added 3-12-2012 by L.L. No. 3-2012]
An establishment that provides off-site tree care services,
including tree pruning and tree removal, consultations and integrated
pest management. The service involves the use of machinery, equipment,
trucks and other appurtenances that are stored on the provider's premises,
including storage of wood products removed from off-site operations.
[Added 10-21-2019 by L.L.
No. 8-2019]
A detached building containing two dwelling units.
A facility at which the principal activity is the servicing
or repairing of motor vehicles for hire. Such facilities include but
are not limited to mechanic's shops, speedy-type oil and lubrication
facilities, and muffler and brake repair facilities.
See definition for fence.
[Added 11-9-2009 by L.L. No. 14-2009]
A sign painted or affixed on and parallel to an exterior
wall of a building or other structure, but not on window glass or
other window material.
[Added 8-7-2017 by L.L.
No. 12-2017]
The lines that are used solely for determining the boundaries
for the placement of certain piers, docks, wharves and other similar
facilities subject to this chapter.
[Added 7-13-2009 by L.L. No. 10-2009]
The lake side of the ordinary high water line.
[Added 7-13-2009 by L.L. No. 10-2009]
Any area that is inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions.
[Added 3-12-2012 by L.L. No. 3-2012]
The structures and associated equipment which convert wind
energy into usable mechanical or electrical energy, including towers,
turbines, guy wires, associated anchors and foundations, mounts, connected
facilities such as generators, alternators, inverters and batteries,
and other associated equipment.
[Added 8-11-2008 by L.L. No. 13-2008]
A sign painted or affixed on glass or other window material,
or located inside within three feet of the window and visible from
the exterior of the window, but not including window displays of products.
[Added 8-7-2017 by L.L.
No. 12-2017]
An accessory building used exclusively for the storage of
firewood and which has at least one side that has no wall.
[Added 8-13-2012 by L.L. No. 11-2012]
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward except as otherwise permitted
herein.
The yard between the street right-of-way line and the front
facade of the principal building, extended from each rearmost exterior
corner of the front facade to the adjacent side lot line.
[Amended 8-13-2007 by L.L. No. 6-2007]
The yard between the rear lot line and the rear facade of
the principal building, extended from each most forwardly exterior
corner of the rear facade to the adjacent side lot line.
[Amended 8-13-2007 by L.L. No. 6-2007]
The yard between the principal building and a side lot line,
but excluding a front yard or rear yard.
[Amended 8-13-2007 by L.L. No. 6-2007]
[1]
Editor's Note: The definition of "detached accessory dwelling
unit," added 12-11-2017 by L.L. No. 20-2017 and which immediately
followed this definition, was repealed 4-11-2022 by L.L. No. 5-2022.
For current provisions, see the definition of "accessory dwelling
unit, detached."
