[HISTORY: Adopted by the Town Board of the
Town of Ithaca as indicated in section histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 270.
[Adopted 7-12-2004 by L.L. No. 7-2004]
The following provisions, regulations and requirements
shall apply to existing special land use districts (now considered
planned development zones) and to specific special land use districts
as stated in the following sections.
[Adopted 8-13-1984 by L.L. No. 2-1984]
A.
This section amends Section 1 of Article II of the
Town of Ithaca Zoning Ordinance[1] by adding to the list of permissible districts which may
be designated as Special Land Use District (Limited Mixed Use).
B.
The uses permitted in such district will be such a
combination of the uses permitted in a residential and agricultural
district and in Business Districts A, B, and E as the Town Board may
permit. The diverse uses must be combined in a unified plan.
C.
The establishment of any such district shall lie in
the sole discretion of the Town Board, as a legislative body. It shall
be established by amending the Zoning Ordinance to permit such establishment.
The enactment and establishment of such a district shall be a legislative
act. No owner of land or other person having an interest in land shall
be entitled as a matter of right to the enactment or establishment
of any such district.
D.
The provisions of the Zoning Ordinance and Planning
Board Regulations, as they may be amended from time to time, and any
other regulations, orders, rules and resolutions shall apply to the
establishment of any such district. In addition, the Town Board may
impose such conditions and restrictions governing the establishment
and regulating the use of land in any such district as the Town Board
deems necessary and desirable.
E.
Subject to the provisions below, the procedures governing
an application for site plan approval as provided in Section 46 and
46(a)[2] shall apply except that:
[Amended 6-9-1986 by L.L. No. 3-1986]
(1)
Before submitting a general site plan to the Planning
Board, the applicant shall submit the general site plan to the Town
Board.
(2)
The Town Board, in its discretion may require additional
information, may refer the matter to the Planning Board for recommendation,
or may establish a public hearing date on the proposed district.
(3)
No application for the establishment of any such district
shall be referred to the Planning Board except by the Town Board.
(4)
The Town Board may impose other procedural requirements
with respect to any application or with respect to a specific application
as the Town Board may deem necessary and desirable.
[2]
Editor's Note: Numbering refers to the Zoning
Ordinance as it existed in 1984, when this section was adopted and
amended.
F.
Projects such as the Wiggins "La Tourelle" Project,
the Rocco Lucente Sapsucker Woods Project and the Lake Shore West
Project which have been in the process of being reviewed by the Town
Board and the Planning Board shall be deemed to have been referred
to the Planning Board and the Town Board may amend the Zoning Law
to establish such Special Land Use Districts, if final approval or
recommendation has been made by the Planning Board.
G.
If any portion of this section is declared invalid
by a court of competent jurisdiction, the validity of the remaining
portions shall not be affected by such declaration of invalidity.
[Adopted 8-13-1984 by L.L. No. 3-1984]
A.
WHEREAS:
(1)
The Planning Board has extensively reviewed the proposed
"La Tourelle" development of Walter J. and Joyce Y. Wiggins at public
hearings duly and properly held during the Winter and Spring of 1984.
(2)
On June 5, 1984, the project was granted final site
plan approval by the Planning Board.
(3)
All necessary environmental reviews have been completed,
after which it was determined that the project would have no significant
impact on the environment.
(4)
The Planning Board has determined that:
(5)
The Planning Board has recommended that the Zoning
Ordinance be amended to permit this development as proposed and reviewed.
B.
NOW THEREFORE BE IT RESOLVED:
[Amended 11-10-1988 by L.L. No. 11-1988; 12-13-2004 by L.L. No.
11-2004; 5-7-2012 by L.L. No. 5-2012]
(1)
Section 270-6 of the Town of Ithaca Code includes in the list of permissible districts a district designated as "Special Land Use District No. 1," which district is now considered and hereafter referred to as "Planned Development Zone No. 1."
(2)
(Reserved)
(3)
The uses and structures permitted in this Planned
Development Zone are:
[Amended 5-12-2014 by L.L. No. 11-2014; 8-7-2017 by L.L. No. 12-2017]
(a)
Any use permitted in a Medium-Density Residential
Zone.
(b)
The operation of a hotel or motel to be used
as a bed-and-breakfast inn, with site plan approval by the Planning
Board.
(c)
The existing construction and use of that portion
of the premises formerly and/or now used and occupied as the L'Auberge
du Cochon Rouge Restaurant and the Barn Apartments as shown on the
final site plans and/or the survey map of "A Portion of the Lands
of Walter J. and Joyce Y. Wiggins," dated July 3, 1984.
(d)
A spa facility, attached to a hotel or motel, as defined and limited in § 271-3B(5)(a)[6] below.
(e)
Seasonal camping facilities, as defined and limited in § 271-3B(5)(a)[7] below.
(4)
This Planned Development Zone includes all lots and
area requirements of the Medium-Density Residential Zone except as
modified below:
(a)
Side yards may not be less than 30 feet.
(b)
Spaces between buildings. The distance between
any two structures shall be no less than the average height of both,
except that a shorter distance may be allowed if the resulting space
is to be used and maintained as a fire lane.
(c)
Height. No structure shall be greater than 55
feet from the lowest point at grade to the highest point on the roof
line.
(d)
Stories: No more than two stories. However,
as many as four dwelling units may be constructed in the basement
of the first phase of the development.
(e)
Signs shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In addition to the provisions that apply to all signs, the specific provisions applicable to signs located in the Commercial and Industrial Zones shall apply, except up to two freestanding signs identifying the on-site establishments are allowed instead of the one freestanding sign provided for in Article XXIX.
[Added 8-7-2017 by L.L.
No. 12-2017]
(5)
Notwithstanding the provisions of Subsection B(3), above, the following particular covenants and restrictions shall govern the use of the lands in this Planned Development Zone No. 1, otherwise known as "La Tourelle."
(a)
The only new construction and use permitted
in the above zone shall be a hotel or inn containing no more than
80 units for guests, and the following additional facilities, all
of which construction may occur in phases:
[1]
Tennis courts, enclosed or otherwise.
[2]
Swimming pools (for guests of the inn).
[3]
Cabanas or other similar accessory structures
related to tennis courts and swimming.
[4]
Pond or other body of water.
[5]
Restaurant or other food service establishment.
[6]
Spa facility of not more than 5,000 square feet
of total interior floor area, open to hotel guests and the general
public, consisting of:
[a]
Spaces for one or more of the following activities:
massages, facials, manicures, pedicures, hair care, and tanning;
[b]
Related lounges, locker rooms, showers, saunas,
steam baths, and wading pool;
[c]
Shop (not more than 100 square feet in size)
for the sale of spa therapeutic and aesthetic products; and
[d]
Other facilities related to the spa activities
authorized above.
[7]
Seasonal camping facilities consisting of:
[Added 5-12-2014 by L.L. No. 11-2014]
[a]
No more than 25 seasonal luxury tents for overnight lodging;
[b]
Related commons lobby tent (one tent up to 40 feet by 60 feet), dining/lounge
tent (one tent up to 20 feet by 40 feet), bathroom and shower facilities,
fire circle, hot tub, office space, and grills;
[Amended 4-13-2015 by L.L. No. 2-2015]
[c]
Other facilities related to the seasonal camping activities authorized
above.
(c)
No building permit shall be issued for a building or structure within Planned Development Zone No. 3, nor shall any existing building or structure in such Zone be changed, unless the proposed building or structure is in accordance with a site plan approved by the Planning Board, or with a modified site plan approved by the Planning Board (where Article XXIII requires Planning Board approval for modifications), pursuant to the provisions of Article XXIII and other applicable provisions of Chapter 270.
(d)
(Reserved)
(e)
No portion of the outside area of the Planned
Development Zone shall be used for the service of food or beverages,
nor any public assembly, nor dancing or musical activities; except
as follows:
[1]
At any time subsequent to the adoption of this
section the Town Board may adopt regulations by resolution or by amendment
of the Town Zoning Law to implement the provisions of this section,
which may also include a requirement that the owner or his duly authorized
representative, obtain a special permit from a person designated by
the Town Board for that purpose to permit the use of portions of the
outdoors area in the immediate vicinity of the La Tourelle structure
for limited, temporary or occasional serving of food and beverage
for the guests of La Tourelle for special occasions such as weddings
or other social occasions. Such regulations shall be adopted only
after a public hearing has been held, notice of which has been published
in the official newspaper, at least five days prior to such hearing
and written notice thereof has been mailed or delivered personally
to the owner of the above project, or to his duly authorized representative,
and to such other owners of property, as the Town Board may direct.
Until such time as such regulations may be adopted, the lands may
be used for the outdoor activities, as described above, without a
permit.
(g)
Ingress and egress shall be through the driveway
leading to State Highway Route 96B past the restaurant as shown on
the final site plan and survey map dated July 3, 1984.
(h)
All construction must comply with all applicable
laws, codes, ordinances, rules and regulations.
(i)
These covenants may be enforced by the owner
of any land lying within 500 feet of the boundaries of this zone,
and/or by the Town of Ithaca.
(j)
The above restrictive covenants shall run with
the land and shall be incorporated in a document which shall be signed
by the owner and recorded in the Tompkins County Clerk's office. No
portion of the building shall be occupied or otherwise used unless
a valid certificate of occupancy has been issued.
(7)
In the event that any portion of this section is declared
invalid by a court of competent jurisdiction, the validity of the
remaining portions shall not be affected by such declaration of invalidity.
(8)
The Town reserves for itself, its agencies, and all
other persons having an interest, all remedies and rights, to enforce
the provisions of this section, including, without limitation, actions
for an injunction or other equitable remedy, or action and damages,
in the event the owner of the parcel covered by this section fails
to comply with any of the provisions thereof.
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Schedule A
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Description of Portion of Land of Walter
J. and Joyce Y. Wiggins Zoned as Special Land Use District (now known
as Planned Development Zone) No. 1
[Amended 11-10-2008 by L.L. No. 18-2008] | ||
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Situate in the Town of Ithaca, County of Tompkins,
State of New York.
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Beginning in the center line of New York State
Route 96B at the southeast corner of lands of Laurent and Kaethe Bessou,
designated as Tax Parcel No. 6-36-1-4.3:
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1.
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Thence southerly along said center line 435
feet more or less, to the northeast corner of property of Irene Stout,
designated as Tax Parcel No. 6-36-1-5;
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2.
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Thence westerly 200 feet more or less, to the
northwest corner of said Stout property;
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3.
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Thence southerly 100 feet more or less, to the
southwest corner of said Stout property and the north line of lands
of Fairview Manor Realty Co., Tax Parcel No. 6-36-1-6;
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4.
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Thence westerly in part along a northerly property
line of lands of Fairview Manor Realty Co., and designated as Tax
Parcel No. 6-36-1-6, 1100 feet to a point;
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5.
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Thence northerly through the lands of Wiggins,
935 feet more or less to the southerly boundary of lands now or formerly
of Anthony Leonardo, designated as Tax Parcel No. 6-37-2-20.2;
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6.
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Thence easterly along Leonardo's southerly line
600 feet to a point;
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7.
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Thence southerly, in part along the west line
of Bessou's property (designated as Tax Parcel No. 6-36-1-4.3) 400
feet more or less to their southwest corner;
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8.
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Thence easterly along Bessou's southerly line,
700 feet more or less to the center line of Route 96B and the Point
of Beginning.
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Containing 20.3 acres, more or less.
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Notwithstanding the foregoing, pursuant to Local
Law No. 18 of the Year 2008, the following lands shall not be zoned
as Special Land Use District (now known as Planned Development Zone)
No. 1 and shall instead be zoned as Low Density Residential:
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Situate in the Town of Ithaca, County of Tompkins,
State of New York.
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Beginning at a point in the northerly property
line of lands of Walter J. Wiggins and Joyce Y. Wiggins (L.477/p.726),
being also the current northerly line of Town of Ithaca Tax Map Parcel
Number 36.-1-4.5, which point of beginning is located North 78°
13' 37" West a distance of 1,069.74 feet from a point in the center
line of Danby Road – New York State Route 96-B, which point
in the center line of Danby Road is located 812.84', more or less,
northerly from the intersection of the center line of said Danby Road
with the center line of Schickel Road;
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Thence South 86° 12' 31" East a distance
of 359.10' to a set 3/4 inch rebar and survey cap, said point being
along the westerly boundary of lands now or formerly of Bessou (483131-001);
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Thence North 04° 01' 50" West a distance
of 357.75' to a pin in the southern property line of lands now or
formerly of Leonardo (269/34), said course passing through a set 3/4
inch rebar and survey cap at 298.18';
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Thence North 78° 04' 49" West a distance
of 599.56' along said southerly boundary of Leonardo to a existing
pin in the said southerly line of Leonardo, said course passing through
a set 3/4 inch rebar and survey cap at 399.18';
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Thence South 04° 01' 50" East a distance
of 411.16' to a set 3/4 inch rebar and survey cap in the northwesterly
corner of lands now or formerly of Wiggins (477/726);
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Thence South 78° 13' 37" East a distance
of 229.39' to a set 3/4 inch rebar and survey cap, said point being
the point and place of beginning. The above-described premises are
shown on a survey map entitled "Proposed Subdivision - Lands of Kaethe
Bessou, Nathalie Bessou, and Xavier Bessou, Town of Ithaca –
County of Tompkins, State of New York," as surveyed in May of 2008
and certified on May 30, 2008 by Michael J. Reagan, P.L.S. (#049829),
said premises showing an area that is part of existing Town of Ithaca
Tax Map Parcel Number 36.-1-4.2.
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[Adopted 8-13-1984 by L.L. No. 4-1984;
amended 9-9-1985 by L.L. No. 6-1985]
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RESOLVED:
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That the Town Board of the Town of Ithaca enact
and hereby does enact this section to amend the Zoning Ordinance of
the Town of Ithaca to permit the 14 existing buildings located at
108 through 230 Sapsucker Woods Road, Town of Ithaca Tax Parcels No.
6-70-10-3.12 through 6-70-10-3.25, owned by Rocco Lucente and more
particularly described in Schedule A of this section,[1] to be modified to permit the conversion of each existing
building to no more than four dwelling units subject to the following
terms and conditions:
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A.
Zone designation of area. The area covered by this
section shall remain Residence District R-15 and all provisions of
the Town Zoning Ordinance, as amended, shall govern, except as otherwise
modified by this section or any law or ordinance adopted pursuant
thereto.
B.
Conversion of dwelling units. Each of the 14 buildings
may be converted into no more than four dwelling units, consisting
specifically of two two-bedroom dwelling units and two one-bedroom
dwelling units, as more particularly shown on the final building plan
and final site plan approved by the Planning Board and subject to
any other requirements of the Planning Board, and the Town Board.
C.
Conversion period.
(1)
The conversion of the 14 structures must be completed
within five years of the adoption of this section. Any structure which
has not been converted within this five-year period may not be later
converted or remodeled to contain more than two dwelling units and
the present owner, Rocco Lucente, or any of his successors, distributees,
assigns, or other transferees, shall have waived and surrendered any
prior right to rent and he or they are specifically prohibited from
renting, such building to a greater number of occupants, including
unrelated occupants, than is allowed in a Residence District R-15
for two-family houses, under the current provisions of the Town Zoning
Ordinance as of the date of the adoption of this section.
(2)
The process of conversion shall be planned so that
there shall be no more than four structures uncompleted at any time,
except that the planting of trees and shrubbery on any lot may be
postponed to a more favorable season, but no more than 12 months after
completion of the conversion.
D.
Occupancy restrictions.
(1)
Except as stated in Subsection C(1), occupancy of each of the two one-bedroom dwelling units in any converted structure shall be limited to one household (or family), which is defined either as "any number of persons related by blood or marriage, including adopted children," or "no more than two unrelated persons occupying a single dwelling unit."
(2)
Except as stated in Subsection C(1), each of the two two-bedroom dwelling units in any converted structure shall be occupied by no more than one household or family, as described above, plus one unrelated person.
(3)
After the conversions, remodeling, or modification
of any such structure has begun pursuant to a valid building permit,
the structure shall not be occupied or leased other than in conformance
with the requirements of this section.
E.
Conversion into less than four units. In the event
any structure is, at any time, converted to less than four dwelling
units, the conversion shall be final, and any such structure shall
thereafter contain no more than such lesser number of units into which
the building was converted and the number of such dwelling units in
such structure shall not be thereafter increased. For, example, any
structure converted into three or two dwelling units shall thereafter
continue to be used and occupied only as a three- or a two-dwelling
unit structure, as the case may be.
F.
Destruction of building. If any converted building
is partially or substantially destroyed or damaged by fire or other
"act of God," the owner may rebuild a structure of similar design
and dimensions, having no more than the number of dwelling units it
contained immediately prior to such damage or destruction.
G.
(Reserved)
H.
Parking.
(1)
Parking of automobiles may be permitted in the front
yard in areas designated therefor.
(2)
The number of automobiles and the spaces which shall
be provided for each building shall be six, at least two of which
shall be in an enclosed garage and the remainder of which shall be
parked in the front yard. No more than one automobile shall be parked
in each space.
(3)
The location and materials of each parking space and
driveway shall be located and constructed in accordance with the requirements
of the Town Planning Board as shown on the final, approved site plan,
or as otherwise provided by the Planning Board.
(4)
Parking spaces and driveways must be maintained in
good repair and neat condition at all times.
I.
Restrictive covenants and occupancy.
(1)
No building shall hereafter be occupied by any occupant
either as an owner, or his household or family or his lessee, until:
(a)
A document containing restrictive covenants
substantially as provided herein and containing such additional provisions
as may be reasonably required to carry out the purposes of this section
shall have been signed and acknowledged by the present owner, Rocco
Lucente, and recorded in the Tompkins County Clerk's Office.
(b)
A certificate of occupancy has been issued by
the Town for each dwelling unit in the structure.
(3)
The restrictive covenants and all other provisions
of this section shall bind Rocco Lucente, his heirs, distributees,
successors, and assigns or any other person who may now have interest
in the title of the land.
J.
Invalidity and severability. In the event that any
portion of this section is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions shall not be
affected by such declaration of invalidity.
K.
Definitions.
(1)
The words "structure" and "building" may be used interchangeably.
(2)
The words "owner-occupied" means occupancy by the
deed owner of record of the premises. In any action to enforce any
violations of these provisions, any relief obtained against the record
owner of the premises, such as injunction, damages, or declarations,
shall be binding upon all persons having any interest in the property,
beneficial or otherwise, or any persons having a lien on the property
derived through the record owner.
[Added 9-9-1985 by L.L. No. 6-1985]
L.
Enforcement. The Town reserves for its agencies, and
all other persons having an interest, all remedies and rights, to
enforce the provisions of this section, including without limitation,
actions for any injunction or other equitable remedy, or action and
damages, in the event the owner of any of the parcels covered by this
section fails to comply with any of the provisions thereof.
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Schedule A
Description of Land of Rocco Lucente on
Sapsucker Woods Road
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The area to which the provisions of this law
apply is located on the West side of Sapsucker Woods Road, and consists
of 14 lots (Lots 2 to 15 inclusive), shown on the survey map of the
"Rocco Lucente Subdivision on the West side of Sapsucker Woods Road"
made by Carl Crandall, C.E., dated April 8, 1967, a copy of which
is on file in the Office of the County Clerk.
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The area begins on the West side of Sapsucker
Woods Road at a point which is the Northeast corner of Lot 1 as shown
on said map, which is 250 feet North from the intersection of the
West line of Sapsucker Woods Road and the North line of Hanshaw Road;
thence North 1427 feet, more or less, along the street line to the
Northeast corner of Lot 15; thence to the Northwest corner of Lot
15; thence South along the West line of Lots 15-11 inclusive, 497.5
feet, more or less, to the Southwest corner of Lot 11; thence East
about 25 feet to the Northwest corner of Lot 10; thence South along
the West line of Lots 2-10 inclusive, 950 feet, more or less, to the
Northwest corner of Lot 1; thence East along the North line of Lot
1, 175 feet to the place of beginning.
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[Adopted 10-20-1986 by L.L. No. 4-1986]
A.
Article II, Section 1, of the Town of Ithaca Zoning
Ordinance[1] be and hereby is amended by adding to the permissible
districts itemized in said section a district designated as "Special
Land Use District No. 3."
B.
The uses and structures permitted in this Special
Land Use District No. 3 are:
[Amended 8-7-2017 by L.L.
No. 12-2017]
C.
Notwithstanding the foregoing, no uses otherwise permitted
shall be allowed in such district if the uses produce offensive noise,
odors, smoke, fumes, vibration, glare; electronic interference, radiation,
or if the use involves substances or devices that may cause harm due
to their hazardous nature. No uses shall be permitted if not pursuant
to and consistent with a unified plan for the entire Special Land
Use District as the same may be initially approved by the Planning
Board and subsequently amended with the approval of the Planning Board.
D.
Any use in this district shall be governed by all of the requirements, including side yards, setbacks, building coverage, accessory uses, and similar requirements, of the most restrictive district [other than this Special Land Use District (Limited Mixed Use)] in which such use is permitted by other terms of the Zoning Ordinance, except that the number of parking places required shall be the number presently provided unless the Planning Board, in its discretion, determines parking is inadequate in which event the number of parking places shall be increased to the number designated by the Planning Board up to the maximum that would otherwise be required by the most restrictive districts for which each use would be governed but for the existence of this Special Land Use District. Signs shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In addition to the provisions that apply to all signs, the specific provisions applicable to signs located in the Office Park Commercial Zones shall apply.
[Amended 8-7-2017 by L.L.
No. 12-2017]
E.
In addition to the requirements and restrictions imposed
by any other district, there shall be no new construction in this
Special Land Use District unless and until all of the requirements
of this section have been complied with and, in addition, the following
requirements to the extent not required by other provisions of the
Zoning Ordinance:
(1)
The exterior design, specifications, and plans for
the buildings and other improvements to be constructed on the premises
and the development of the grounds and construction of all outside
facilities including lighting and signs shall have been shown on a
final site plan approved by the Planning Board, and any construction
thereafter shall be in accordance with said site plan as finally approved.
In determining whether or not to approve the site plan, the Planning
Board may employ the same considerations it would employ in approving
a site plan pursuant to Sections 46 and 78 of the Zoning Ordinance.[2]
[2]
Editor's Note: Numbering refers to the Zoning
Ordinance as it existed in 1986, when this section was adopted.
(2)
Building permits shall be required for any construction,
including construction of signs and outdoor lighting facilities. Such
permits shall not be issued until the Planning Board has approved
the design and specifications therefore.
(3)
No further construction will occur until a new access
roadway has been built by Tompkins County from station 10+00 west
of and through parcel P4 as shown on the map referred to in Schedule
A to this section[3] to connect to the two-way driveway presently extending
from the southeast corner of parcel P3 as shown on said map to Indian
Creek Road according to a mutually agreeable location and specifications
acceptable to the Town Board of the Town of Ithaca, and until utility
easements to serve properties to the north and west of lands of Tompkins
County be granted for water and sewer extensions from existing on-site
utility locations and more specifically to the former Gilcher property
and to Indian Creek Road at locations and upon terms and specifications
satisfactory to the Town Board.
(4)
No new construction and no additional occupancy of
the existing buildings in this Special Land Use District shall be
permitted if the Planning Board, in its discretion, determines that
present arrangements for on-site parking are inadequate until sufficient
on-site parking spaces are provided in an amount required by the Planning
Board up to the maximum required by the most restrictive districts
for which each use would be governed but for the existence of this
Special Land Use District.
(5)
Any construction for which a permit is granted shall
comply with all applicable laws, codes, ordinances, rules and regulations.
F.
The area encompassed and rezoned in accordance with
this section to Special Land Use District No. 3 is described on Schedule
A to this section.[4] The Official Zoning Map of the Town of Ithaca is hereby
amended by adding such district at the location described.
G.
In the event that any portion of this section is declared
invalid by a court of competent jurisdiction, the validity of the
remaining portions shall not be affected by such declaration of invalidity.
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Schedule A
Description of Portion of Lands of Tompkins
County
Being Rezoned Special Land Use District
No. 3
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ALL THAT TRACT OR PARCEL OF LAND situate in
the Town of Ithaca, Tompkins County, State of New York, more particularly
described as follows:
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COMMENCING at a point in the access road to
the Tompkins County Biggs facility which point of beginning is located
91.99 feet south 23 degrees 11 minutes 36 seconds east from a "PK"
nail located in the center line of Indian Creek Road at the intersection
of said center line with the center line of said access road; running
thence south 76 degrees 49 minutes 53 seconds east 229.21 feet along
the center line of a service road; running thence on a curve to the
right along the center line of said service road with a chord direction
of south 63 degrees 33 minutes 19 seconds east and a chord distance
of 287.27 feet to a point; running thence south 50 degrees 49 minutes
47 seconds east along the center line of said service road 112.53
feet to where said center line intersects with the center line of
another service road; running thence south 15 degrees 36 minutes 25
seconds east along the center line of a service road 269.33 feet to
a point; running thence south 74 degrees 37 minutes 45 seconds west
68.12 feet to an iron pipe; thence running south 15 degrees 21 minutes
36 seconds east 155.9 feet to an iron pipe; running thence north 74
degrees 29 minutes 53 seconds east 67.47 feet to a point; running
thence on a curve to the left and then a slight curve back to the
right with a combined chord distance of south 49 degrees 9 minutes
39 seconds east and a chord distance of 209.49 feet which line runs
along the center line of said service road to its intersection with
the center line of another service road; running thence northerly
on the center line of the service road and past the gas regulating
house on a curve first to the right and then slightly to the left,
the combined chord being in a direction of north 16 degrees 40 minutes
5 seconds east with a chord distance of 344.8 feet to a point of juncture
between the center lines of two service roads; running thence on a
slight curve to the left along the center line of one of said service
roads a chord direction of north 85 degrees 5 minutes 49 seconds east
and a chord distance of 114.48 feet to a point; running thence along
the center line of said road on a chord direction of north 69 degrees
42 minutes 24 seconds east and a chord distance of 99.87 feet to a
point;
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continuing along the same center line a chord
direction of north 52 degrees 6 minutes 42 seconds east a chord distance
of 99.89 feet to a point; running thence along the center line a further
distance of 16.29 feet to a point; running thence south 3 degrees
42 minutes 28 seconds east 645.48 feet to a point; running thence
south 32 degrees 41 minutes 49 seconds east 88.47 feet to an iron
pipe; running thence south 74 degrees 38 minutes 43 seconds west 403.55
feet to the center line of a service road; running thence south 14
degrees 3 minutes 25 seconds east along the center line of said road
approximately 20 feet to a nail set in the middle of the road; running
thence south 74 degrees 34 minutes 8 seconds west south of the old
Hospital Building a distance of 296.25 feet to an iron pipe; running
thence south 15 degrees 22 minutes 41 seconds east on a line parallel
to a wing of the old Hospital and approximately 40 feet distant therefrom
a distance of 121.86 feet to an iron pipe; thence running north 74
degrees 23 minutes 51 seconds west and passing 3 feet southerly of
the old Hospital Building a distance of 404.3 feet to an iron pipe;
running thence north 22 degrees 38 minutes 46 seconds west approximately
260 feet to a monument; running thence north 19 degrees 0 minutes
26 seconds west 338.44 feet to an iron pipe; running thence on the
same bearing a distance of 121.10 feet to an iron pipe; running thence
north 81 degrees 15 minutes 52 seconds east 227.52 feet to an iron
pipe; continuing on the same bearing 25 feet to the center line of
a service road; running thence on a slight curve to the left with
a chord bearing of north 15 degrees 32 minutes 48 seconds west and
a chord distance of 273.27 feet, said course running along the center
line of said service road to a point; thence north 23 degrees 11 minutes
36 seconds west along the center line of said service road 537.96
feet to the point or place of beginning.
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The description set forth above is based upon
a map entitled "Subdivision Map of Lands of the County of Tompkins
N.Y.S. Route 96, Trumansburg Road, Town of Ithaca, Tompkins County,
New York" dated August 1, 1984, amended April 24, 1985, made by T.
G. Miller Associates, P.C., marked to show Proposed Mixed Use Zone
June 2, 1986 and is intended to include parcels designated P3, P4,
P6, P7A, P8A, and P9, a copy of which map is on file with the Planning
Department of the Town of Ithaca.
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Containing approximately 22.2 acres of land,
more or less.
|
[Adopted 1-12-1987 by L.L. No. 1-1987]
A.
Article II, Section 2, of the Town of Ithaca Zoning
Ordinance[1] be and hereby is amended by adding to the permissible
districts itemized in said section a district designated as "Special
Land Use District No. 4."
B.
The uses and structures permitted in Special Land
Use District No. 4 are:
[Amended 3-9-1987 by L.L. No. 5-1987;
7-26-1993 by L.L. No. 7-1993; 2-11-2002 by L.L. No.
2-2002; 8-7-2017 by L.L. No. 12-2017]
(1)
Any use permitted in an R-15 Residence District;
(2)
Up to seven multiple-family dwellings provided that
the same are included in the buildings presently on the premises known
as Special Land Use District No. 4 and do not require construction
that would enlarge the footprint or the bulk of the buildings presently
on the premises.
(3)
Business offices or professional offices, such as
medical offices and laboratories (subject to the further provisions
stated herein);
(4)
Art gallery;
(5)
So long as all of the land in Special Land Use District
No. 4 is owned by the same landowner, the following additional uses
are permitted:
(a)
Off-premises catering subject to the following
conditions:
[1]
The only facilities on the premises to be utilized
for this purpose will be the existing kitchen and immediately adjacent
areas and associated loading areas for bringing in and taking out
of food, food products and other catering related goods.
[2]
No activity shall take place relating to the
off-premises catering between the hours of 10:00 p.m. and 7:00 a.m.
Sunday through Thursday nights (except for any nights before a recognized
legal holiday in which event the 10:00 p.m. limitation can be extended
until 12:00 midnight), and 12:00 midnight and 9:00 a.m. Saturday and
Sunday mornings.
(b)
On-premises functions involving the serving
for hire of food and beverages to private groups of people such as
wedding receptions, retirement parties, and similar private functions,
subject to the following conditions:
[1]
There will be no more than 30 such functions
per year of which no more than 10 shall be on weekday evenings.
[2]
Such functions shall utilize only the existing
kitchen, the associated dining area, and, weather permitting, the
grounds adjacent to the large dining area.
[3]
No such functions shall occur or continue between
the hours of 7:00 p.m. to 7:00 a.m.
[4]
The maximum number of people to be permitted
at any one time in such on-premises functions shall be no more than
approved by the Planning Board when it approves the final site plan
but in no event shall the number exceed:
[5]
Regardless of the hours at which the function
ends, there is to be no amplified music outside the building.
[6]
Any construction changes that would alter the
size of the space presently existing in the buildings for kitchen
facilities and associated dining and socializing facilities shall
not occur until the same have been shown as a modified site plan and
approved by the Planning Board. In determining whether to approve
such modified site plan, the Planning Board shall consider all of
the matters it is directed to consider pursuant to the terms of the
Zoning Ordinance regarding site plan reviews and in addition the effects
that the use of any modified structures may have on persons occupying
other portions of the structures as residential facilities including
noise, odors, parking, traffic, and other such matters.
(c)
Wholesale processing and distribution of seitan
(a baked vegetarian wheat-based product), tofu, and soy milk, subject
to the conditions that such uses, in the aggregate shall not:
[1]
Occupy more than 2,400 square feet of interior
building space; and
[2]
Engender more than six vehicle trips (for this
purpose a "vehicle trip" shall mean a round trip onto and off the
premises) per week in connection with deliveries related to such uses,
including all vehicle trips related to the delivery to the premises
of raw materials used in such processing and all vehicle trips related
to the delivery of the finished product to locations off of the premises;
and
[3]
Involve more than four employees in the conduct
of such uses.
(7)
Electric
vehicle charging station.
[Added 8-12-2024 by L.L. No. 7-2024]
C.
Notwithstanding the foregoing, no uses otherwise permitted
shall be allowed in such district if the uses produce offensive noise,
odors, smoke, fumes, vibration, glare, electronic interference, radiation,
or if the use involves substances or devices that may cause harm due
to their hazardous nature. No uses shall be permitted if not pursuant
to and consistent with a unified plan for the entire Special Land
Use District as the same may be initially approved by the Planning
Board and subsequently amended with the approval of the Planning Board.
D.
Any use in this district shall be governed by all of the requirements, including parking, side yards, setbacks, building coverage, accessory uses, and similar requirements, of the most restrictive district [other than this Special Land Use District (Limited Mixed Use)] in which such use is permitted by other terms of the Zoning Ordinance. Signs shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In addition to the provisions that apply to all signs, the specific provisions applicable to signs located in the Office Park Commercial Zones shall apply.
[Amended 8-7-2017 by L.L.
No. 12-2017]
E.
In addition to the requirements and restrictions imposed
by any other district, there shall be no new construction in this
Special Land Use District unless and until all of the requirements
of the Zoning Ordinance have been complied with and, in addition,
the following requirements to the extent not required by other provisions
of the Zoning Ordinance:
(1)
The exterior design, specifications, and plans for
the buildings and other improvements to be constructed on the premises
and the development of the grounds and construction of all outside
facilities including lighting and signs shall have been shown on a
final site plan approved by the Planning Board, and any construction
thereafter shall be in accordance with said site plan as finally approved.
In determining whether or not to approve the site plan, the Planning
Board may employ the same considerations it would employ in approving
a site plan pursuant to Sections 46 and 78 of the Zoning Ordinance.[2]
[2]
Editor's Note: Numbering refers to the Zoning
Ordinance as it existed in 1987, when this section was adopted.
(2)
Building permits shall be required for any construction,
including construction of signs and outdoor lighting facilities. Such
permits shall not be issued until the Planning Board has approved
the design and specifications therefore.
(3)
No new construction and no additional occupancy of
the existing buildings in this Special Land Use District shall be
permitted if the Planning Board, in its discretion, determines that
present arrangements for on-site parking are inadequate until sufficient
on-site parking spaces are provided in an amount required by the Planning
Board up to the maximum required by the most restrictive districts
for which each use would be governed but for the existence of this
Special Land Use District.
(4)
Any construction for which a permit is granted shall
comply with all applicable laws, codes, ordinances, rules and regulations.
F.
The area encompassed and rezoned in accordance with
this section to Special Land Use District No. 4 is described on Schedule
A to this section.[3] The Official Zoning Map of the Town of Ithaca is hereby
amended by adding such district at the location described.
G.
In the event that any portion of this section is declared
invalid by a court of competent jurisdiction, the validity of the
remaining portions shall not be affected by such declaration of invalidity.
|
Schedule A
Description of Portion of Lands of Cornell
University
Being Rezoned Special Land Use District
No. 4
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ALL THAT TRACT OR PARCEL OF LAND situate in
the Town of Ithaca, Tompkins County, State of New York, being located
on New York State Route 96 in said Township and being more particularly
described as follows:
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COMMENCING at the southwest corner of premises
reputedly owned by Paleontological Research, Inc. (see deed recorded
in the Tompkins County Clerk's Office in Book 464 of Deeds at Page
405), which point is also a northwest corner of premises reputedly
owned by Cornell University as shown on a map entitled "Proposed Special
Land Use District for J. Ciaschi and the Mayer School at the Cornell
U. Statler West Complex," dated December 17, 1966, by J. W. Mayer,
Map Source; "Final Plat, Proposed Subdivision, Lands of Cornell University,
Lot No. 87, Town of Ithaca," dated August 26, 1986, by Milton A. Greene,
P.L.S. 42000, which corner is an east line of New York State Route
96; running thence north 68 degrees, 48 minutes east along a southwesterly
line of the Paleontological Research premises a distance of 710.22
feet to an iron pipe;
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running thence south 46 degrees 30 minutes east
passing through an iron pipe at 317.18 feet a total distance of 405
feet to an iron pipe; running thence south 10 degrees 10 minutes east
241.76 feet to an iron pipe; running thence on a slight curve to the
left with a chord distance of 230.24 feet on a bearing of south 64
degrees 57 minutes west with a radius of 448.26 feet to an iron pipe;
running thence south 50 degrees 4 minutes west 321.76 feet to a point
in the east line of New York State Route 96; running thence north
43 degrees 56 minutes west passing through an iron pipe at 438.88
feet a total distance of 784.08 feet to the point or place of beginning.
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The above description is based upon a map entitled
"Proposed Special Land Use District for J. Ciaschi and the Mayer School
at the Cornell U. Statler West Complex," dated December 17, 1986,
by J.W. Mayer, Map Source: "Final Plat, Proposed Subdivision, Lands
of Cornell University, Lot No. 87, Town of Ithaca," dated August 26,
1986, by Milton A. Greene, P.L.S. 42000, a copy of which map is on
file with the Planning Department of the Town of Ithaca.
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Containing approximately 10.2 acres of land,
more or less.
|
[Adopted 2-8-1988 by L.L. No. 2-1988; 4-11-1988 by L.L. No. 4-1988; 6-13-2005 by L.L. No. 6-2005; 5-7-2012 by L.L. No. 4-2012; 8-7-2017 by L.L. No. 12-2017; 5-10-2021 by L.L. No. 3-2021]
A.
Section 270-6 of the Town of Ithaca Code includes in the list of permissible districts a district designated as "Special Land Use District No. 5 (Limited Mixed Use)," which district is now considered and hereafter referred to as "Planned Development Zone No. 5."
E.
Any use in this zone shall be governed by all of the requirements, including parking, side yards, setbacks, building coverage, accessory uses, and similar requirements (except for permitted uses and structures which shall be only as set forth above) relating to a Medium Density Residential Zone. Signs shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In addition to the provisions that apply to all signs, the specific provisions applicable to signs located in the Commercial Zones shall apply.
F.
In addition to the requirements and restrictions imposed above, there shall be no new construction in this Planned Development Zone unless and until all of the requirements of Ithaca Town Code Chapter 270, Zoning, have been complied with and, in addition, the following requirements to the extent not required by other provisions of Ithaca Town Code Chapter 270, Zoning:
(1)
No building permit shall be issued for a building or structure within Planned Development Zone No. 5, nor shall any existing building or structure in such Zone be changed, unless the proposed building or structure is in accordance with a site plan approved by the Planning Board, or with a modified site plan approved by the Planning Board (where Chapter 270, Article XXIII requires Planning Board approval for modifications), pursuant to the provisions of Article XXIII and other applicable provisions of Chapter 270.
G.
In addition to the requirements and restrictions set forth above,
occupancy and use of the premises shall be further limited as follows:
(1)
No activities will be conducted in said Planned Development Zone
which will cause disturbing noise, odors, or glare to any adjacent
landowners.
H.
The area encompassed and rezoned in accordance with
this section to Planned Development Zone No. 5 is described on Schedule
A to this section.[1] The Official Zoning Map of the Town of Ithaca is hereby
amended by adding such zone at the location described.
I.
In the event that any portion of this section is declared
invalid by a court of competent jurisdiction, the validity of the
remaining portions shall not be affected by such declaration of invalidity.
|
Schedule A
Description of Enlarged Planned Development
Zone No. 5
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ALL THAT TRACT OR PARCEL OF LAND situate in
the Town of Ithaca, County of Tompkins and State of New York, bounded
and described as follows:
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COMMENCING at a point in the center line of
East Shore Drive, State Route 34, at or near the northeast corner
of premises of the City of Ithaca (Liber 204 of Deeds at Page 274)
which premises are known generally as the site of the Ithaca Youth
Bureau; running thence northerly and along the center line of East
Shore Drive 60 feet to the southeast corner of lands reputedly of
Leo M. Wells (see 379 Deeds 410); continuing northerly along the center
line of East Shore Drive a distance of 79.5 feet to the northeast
corner of said Wells property and also the southeast corner of other
premises reputedly owned by Wells (see Liber 466 of Deeds at Page
230); continuing northerly along the center line of East Shore Drive
117.3 feet to the northeast corner of said second Wells parcel; running
thence southwesterly and along premises now or formerly reputedly
of Signorelli (590 Deeds 1128) a distance of approximately 223 feet
to the east line of premises now or formerly of the Lehigh Valley
Railroad Company; thence southwesterly along the easterly line of
said railroad company a distance of approximately 141 feet to a point;
thence southerly running along the westerly line of the second Wells
parcel described above; the first Wells parcel described above and
the premises now or formerly of Bowman (see Book 585 of Deeds at Page
594) a total distance of 82.8 feet to a point, which point is the
southwest corner of said Bowman parcel; running thence easterly and
in part along the City of Ithaca Youth Bureau site and in total along
the southerly line of said Bowman parcel a total distance of 264 feet
to the east line of East Shore Drive; continuing thence in the same
direction a distance of approximately 33 feet to the center line of
East Shore Drive at the point or place of beginning.
|
[Adopted 1-13-1994 by L.L. No. 1-1994; amended 3-11-1996 by L.L. No.
2-1996; 11-7-2002 by L.L. No. 7-2002; 5-7-2007 by L.L. No. 5-2007]
A.
Section 270-6 of the Town of Ithaca Code includes in the list of permissible districts a district designated as "Special Land Use District No. 7 (Limited Mixed Use)," which district is now considered and hereafter referred to as "Planned Development Zone No. 7."
B.
The uses permitted in Planned Development Zone No.
7 are:
[Amended 1-9-2012 by L.L. No. 1-2012]
(1)
Dwellings.
(a)
Parcel 1: One multiple-family dwelling consisting of at least 40
dwelling units and up to 193 dwelling units aggregated with central
dining, kitchen, activity, administration, and maintenance areas,
and other related community service space, such multiple-family dwelling
being intended to provide congregate residential care, including independent,
assisted-living and nursing home accommodations. Each dwelling unit
in said multiple-family dwelling may be occupied by no more than two
persons, related or otherwise.
(b)
Parcel 2: Up to 11 single-story detached residential duplex buildings
containing up to 22 dwelling units in the aggregate for the provision
of independent living accommodations. Each dwelling unit may be occupied
by no more than two persons, related or otherwise.
(2)
Subject to site plan approval by the Planning Board
the following accessory uses and structures are permitted on Parcel
1 and Parcel 2.
[Amended 8-7-2017 by L.L.
No. 12-2017]
(a)
Off-street garage or parking spaces for the
residents of, employees working at, and visitors to the permitted
facilities.
(b)
One pavilion not exceeding 3,000 square feet
in size.
(c)
Accessory buildings such as storage sheds, pavilions [in addition to the pavilion authorized in Subsection B(2)(b) above], gazebos, and other similar small buildings provided that no single building [other than the pavilion permitted by Subsection B(2)(b) above] exceeds more than 200 square feet in size and provided further that the size and location of each such building is approved by the Planning Board.
(d)
Common recreational areas including walkways,
parks, community gardens, and other similar outdoor recreational facilities.
(e)
Any municipal or public utility structures necessary
to the provision of utility services for the permitted facilities.
(g)
Electric vehicle charging station.
[Added 8-12-2024 by L.L. No. 7-2024]
C.
Any use in this district shall be governed by all of the requirements, including side yards, setbacks, building coverage, building height, and similar requirements, of a Medium Density Residential Zone for Parcel 1, and a High Density Residential Zone for Parcel 2, except as the same may be specifically modified by the terms of this section. Signs shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In addition to the provisions that apply to all signs, the specific provisions applicable to signs located in the Multiple Residence Zones shall apply.
[Amended 1-9-2012 by L.L. No. 1-2012; 8-7-2017 by L.L. No. 12-2017]
D.
In addition to the requirements and restrictions imposed
by the Town of Ithaca Zoning Ordinance, the area being rezoned to
Planned Development Zone No. 7 shall be subject to the following conditions:
(1)
The exterior design, specifications, and plans for all buildings and other improvements to be constructed on the premises and the development of the grounds and construction of all outside facilities including lighting and signs shall have been shown on a final site plan and design drawings approved by the Planning Board, and any construction thereafter shall be in accordance with said site plan and drawings as finally approved. In determining whether or not to approve the site plan, the Planning Board shall employ the same considerations as it would employ in approving the site plan pursuant to Article XXIII and § 270-236 of the Town of Ithaca Zoning Ordinance.
(2)
Building permits shall be required for any construction,
including construction of signs and outdoor lighting facilities. Such
permits shall not be issued until the Planning Board has approved
the design and specifications for such proposed construction.
(3)
Notwithstanding any provision of the Town of Ithaca Zoning Ordinance to the contrary, in Planned Development Zone No. 7, no building shall be erected, altered, or extended to exceed 37 feet in height from the lowest interior grade or 30 feet in height from the lowest exterior grade, whichever is lower, except, however, that the one multifamily dwelling permitted pursuant to Subsection B(1) above may exceed said height limitations, provided such building is constructed substantially in accordance with the elevations and plans numbered SK-L1J (Preliminary Site Plan - Alternative B.3), L-4 (Planting & Materials Plan), L-5 (Trail Plan), L-6 and L-7 (Details), and A-6R (Elevations), prepared by L. Robert Kimball & Associates and dated January 30, 1996 (hereinafter collectively referred to as the "January 30, 1996, Site Plan"), and elevations and plans numbered C1.1 (Site Plan), C1.2 (Site Grading Plan), C1.8 (Viewshed Section and Elevation Studies), and A2.1, A2.2, and A2.3 (Exterior Elevations), prepared by Schopfer Architects LLP and dated October 16, 2006, revised February 8, 2007, copies of which are on file with the Town of Ithaca Planning Department. The heights shown on said plans shall constitute the maximum heights permitted for such building. Notwithstanding the foregoing, under no circumstances shall the highest point on the building exceed an elevation of 988.56 feet above mean sea level. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height.
[Amended 1-9-2012 by L.L. No. 1-2012]
(4)
Except as specifically provided for herein any construction
for which a permit is granted shall comply with all applicable laws,
codes, ordinances, rules and regulations.
(5)
Each dwelling unit in this Planned Development Zone
No. 7 shall be occupied by at least one adult requiring supportive
services provided by the owner.
[Amended 1-9-2012 by L.L. No. 1-2012]
(6)
There shall be no subdivision of Parcel 1 or Parcel
2 contained in Planned Development Zone No. 7.
[Amended 1-9-2012 by L.L. No. 1-2012]
(7)
There shall be provided at least two parking spaces for every three dwelling units on Parcel 1, and at least one parking space for every dwelling unit on Parcel 2, except that the Planning Board may reduce the required number of spaces on Parcel 1 by no more than 20% in accordance with the criteria set forth in Chapter 270, § 270-227, of the Town of Ithaca Code. If the Planning Board permits such a reduction, the Planning Board may impose such reasonable conditions, including the conditions set forth with respect to reductions of parking spaces in § 270-227 as referenced above, as may, in the judgment of the Planning Board, be necessary to assure that such reduction will not cause congestion, create undesirable traffic flows or hazards, or otherwise be adverse to the general welfare of the community. In any event, unless expressly waived by the Planning Board, such reduction shall be subject to the same mandatory conditions as are set forth in Chapter 270, § 270-227, of the Town of Ithaca Code.
[Amended 1-9-2012 by L.L. No. 1-2012]
(8)
No
permits for construction of any of the duplexes shall be issued until
water easements for the benefit of the Town for public water mains
running from presently existing public water mains on Route 96B to
the locations of the proposed distribution points to the duplexes
as shown on the final approved site plan are obtained in a form acceptable
to the Town of Ithaca from the owner of the lands over which said
public water mains must run, and the same are recorded in the Tompkins
County Clerk’s Office.
[Added 1-9-2012 by L.L. No. 1-2012]
E.
In accordance with the provisions of the Zoning Ordinance,
a final site plan shall be submitted to and approved by the Town of
Ithaca Planning Board before issuance of any building permits. A site
plan that has received final site plan approval may be modified upon
the application of the owner to the Planning Board for such modification.
Such application shall be in accordance with the provisions of this
section and the provisions of the Zoning Ordinance and the procedures
applicable to such application shall be the same as are applicable
to an initial application for site plan approval as set forth in the
Zoning Ordinance.
(1)
Notwithstanding the foregoing, Planning Board approval
of a modification shall not be required:
(a)
If the modification does not involve:
[1]
Construction of an addition of more than 1,000
square feet of enclosed space attached to a residential building whether
on one or more stories (provided such construction is in accordance
with the height limitations and other requirements of this section
and the Zoning Ordinance); nor
[2]
Construction or relocation of more than three
parking spaces nor construction or relocation of any parking spaces
to an area that is not adjacent to the original planned parking area;
nor
[3]
Construction, alterations, or renovations affecting
the exterior of a building or the site anticipated to cost more than
$20,000; nor
[4]
Construction, alteration, or renovation of the
interior of a building involving a change in occupancy or use; nor
[5]
Enlargement of an existing or previously approved
building that involves an increase of square footage of more than
15% of the existing square footage of the existing or previously approved
building; nor
[6]
Reduction of an existing or previously approved
building that involves a decrease of square footage of more than 15%
of the existing or previously approved building; nor
[7]
Alteration of traffic flows and access nor a
significant increase in the volume of traffic; nor
[8]
A significant (in the judgment of the Director
of Planning) change in the aesthetic appearance of any structure or
site plan element including landscape and lighting details from that
presented at the time of the prior approval; nor
[9]
A change in the impacts of the project on surrounding
properties, such as an increase in noise, water runoff, light illumination,
or obstructions to views; nor
[10]
Violation of any express conditions (including,
without limitation, buffer zones, setbacks, and similar restrictions)
imposed by the Planning Board in granting prior site plan approval,
or
(b)
If the modification does not involve a movement
or shift of a location of one or more buildings more than two feet
laterally or six inches vertically from the location or elevation
shown on the final site plan where:
(2)
The numerical criteria for the exceptions from the requirement of obtaining Planning Board approval are an aggregate maximum [i.e., if a 700 square foot addition is constructed without obtaining Planning Board approval pursuant to Subsection E(1)(a)[I] above, construction of a second addition larger than 300 square feet would require Planning Board approval of a modified site plan].
(3)
This waiver of the requirement of Planning Board approval
is not intended to permit construction in violation of any other provision
of this section nor of the Zoning Ordinance including height, setback,
side yard, and similar regulations, nor the requirement to obtain
a building permit in those circumstances when otherwise required by
the terms of this section, the Zoning Ordinance or the Building Code.
(4)
A demolition, or a proposed demolition, of an existing
building, or of a previously approved building on a previously approved
site plan, is a modification of a site plan subject to the terms of
this section.
F.
The areas identified and described as Parcel 1 and
Parcel 2 that are encompassed and rezoned in accordance with this
section to Planned Development Zone No. 7 are described on Schedule
A[2] to this section. The Official Zoning Map of the Town of
Ithaca is hereby amended by adding such district at the locations
described.
[Amended 1-9-2012 by L.L. No. 1-2012]
G.
Any violations of the terms of this section shall
constitute a violation of the Town of Ithaca Zoning Ordinance and
shall be punishable as set forth in said ordinance and in § 268
of the Town Law of the State of New York. Each week's continued violation
shall constitute a separate offense. Notwithstanding the foregoing,
the Town reserves for itself, its agencies and all other persons having
an interest, all remedies and rights to enforce the provisions of
this section, including, without limitation, actions for any injunction
or other equitable remedy, or action and damages, in the event the
owner of the parcel covered by this section fails to comply with any
of the provisions hereof.
H.
In the event that any portion of this section is declared
invalid by a court of competent jurisdiction, the validity of the
remaining portions shall not be affected by such declaration of invalidity.
|
Schedule A
Description of Property Zoned as
Planned Development Zone No. 7
Parcel 1
[Amended 1-9-2012 by L.L. No. 1-2012] | |
|
ALL THAT TRACT OR PARCEL OF LAND situate in
the Town of Ithaca, County of Tompkins, State of New York, bounded
and described as follows:
| |
|
BEGINNING at an iron pin set at the intersection
of the westerly highway line of the State of New York as appropriated
for the Ithaca-Danby State Highway No. 5043 and delineated on Map
15 Parcel 22 and recorded in the Tompkins County Clerk's Office with
the northerly line of lands reputedly of John M. Kelly as described
in Liber 693 of Deeds at Page 255, said pin being located a perpendicular
distance from the present center line of the Danby Road, State Highway
Route No. 96B of 110.0 feet and is located 7.7 feet northerly from
a granite highway monument found;
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Running thence westerly an average bearing of
north 83 degrees 26 minutes 05 seconds west along the northerly line
of lands reputedly of Kelly, reputedly of Payne as described in Liber
340 of Deeds at Page 365 and Liber 368 of Deeds at Page 371, and continuing
along the lands reputedly of Cofer as described in Liber 611 of Deeds
at Page 160, for a distance of 1,434.92 feet to an iron pipe found,
said iron pipe marks the northeasterly corner of lands reputedly of
Turk as described in Liber 458 of Deeds at Page 522;
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Running thence north an average bearing of north
04 degrees 26 minutes 55 seconds east along the easterly line of lands
reputedly of Berggren as described in Liber 624 of Deeds at Page 79
and continuing along lands reputedly of Puerta as described in Liber
577 of Deeds at Page 613 and continuing along the lands reputedly
of Goodloe as described in Liber 656 of Deeds at Page 590, for a distance
of 714.42 feet to an existing iron pipe, said iron pipe marks the
northeasterly corner of lands of Goodloe;
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Running thence north 89 degrees 57 minutes 24
seconds east along a proposed new division line through the lands
of Ithaca College for a distance of 1,375.48 feet to an iron pin set;
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Running thence south 78 degrees 28 minutes 05
seconds east and continuing through the lands of Ithaca College for
a distance of 230.0 feet to an iron pin set in the westerly highway
line of New York State Route 96B, Danby Road;
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Running thence south 11 degrees 31 minutes 55
seconds west along the westerly highway line of New York State Route
96B, the Danby Road for a distance of 525.0 feet to an iron pin set,
said iron pin marks the northeasterly corner of the scenic overview
area as appropriated by the State of New York;
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Running thence north 78 degrees 33 minutes 31
seconds west along the northerly line of the scenic overview area
for a distance of 60.0 feet to an iron pin set;
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Running thence south 11 degrees 30 minutes 40
seconds west along the westerly line of the scenic overview area for
a distance of 335.64 feet to an iron pin set, the point and place
of beginning.
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Said parcel contains 28.010 acres of land to
the highway line.
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Parcel 2
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ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca,
County of Tompkins and State of New York bounded and described as
follows:
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BEGINNING at an iron pin set in the westerly line of NYS Route
96B (a/k/a Danby Road) said pin being 36.4± feet westerly from
a point in the center line of NYS Route 96B (a/k/a Danby Road) which
point is 181± feet north of the intersection of the center
line of NYS Route 96B (a/k/a Danby Road) with the center line of Vista
Lane; proceeding
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Thence north 83 degrees 11 feet 07 inches west along the northerly
line of premises reputedly now or formerly of L. Martin Bowman (Liber
784 of Deeds at Page 149) a distance of 590.32 feet to an existing
iron pipe; proceeding
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Thence north 84 degrees 50 feet 38 inches west along the northerly
line of premises reputedly now or formerly of Margaret M. Rumsey (Liber
619 of Deeds at Page 147) a distance of 249.72 feet to an existing
iron pipe; proceeding
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Thence north 05 degrees 51 feet 08 inches east along the easterly
line of premises reputedly now or formerly of Robert E. Cofer III
(Liber 611 of Deeds at Page 160) a distance of 426.47 feet to an existing
iron pipe; proceeding
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Thence south 83 degrees 26 feet 05 inches east along a southerly
line of premises now or formerly of Ithacare Center Service Co. (Liber
794 of Deeds at Page 235) a distance of 507.20 feet to an existing
iron pipe;
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Thence south 11 degrees 37 feet 53 inches west along the westerly
line of premises reputedly now or formerly of John M. Kelly (Liber
693 of Deeds at Page 255) a distance of 140.0 feet to a set iron pin
and passing through an iron pipe at 99.81 feet; proceeding
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Thence south 83 degrees 26 feet 05 inches east along the south
line of said Kelly premises a distance of 153.92 feet to a set iron
pin; proceeding
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Thence south 09 degrees 44 feet 49 inches west along the westerly
line of premises marked as Parcel B on the survey map referenced below
a distance of 207.82 feet to a set iron pin; proceeding
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Thence south 83 degrees 11 feet 07 inches east along the southerly
line of said Parcel B a distance of 212.22 feet to an iron pin set
in the westerly highway line of NYS Route 96B (a/k/a Danby Road);
proceeding
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Thence south 09 degrees 44 feet 49 inches west along the westerly
highway line of NYS Route 96B (a/k/a Danby Road) a distance of 75.10
feet to the iron pin set at the point or place of beginning, containing
6.101 acres of land.
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Reference is hereby made to a survey map incorporated herein
by reference entitled inches "Subdivision Map, No. 1006 Danby Road,
Town of Ithaca, Tompkins County, New York" dated March 28, 2000, said
map was filed in the Tompkins County Clerk feets Office on September
25, 2000 in Map Drawer PP Page 77. The above described parcel is shown
as Parcel A on said survey map.
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[1]
Editor's Note: Special Land Use District No.
6 (Indian Creek Retirement Community), adopted 3-13-1989 by L.L. No.
2-1989, was repealed in 1995.
[Adopted 1-30-1995 by L.L. No. 1-1995]
A.
Findings.
(1)
The Town of Ithaca's Comprehensive Plan encourages
the development of environmentally sound housing communities; and
(2)
A group, now known as First Residents Group, is in
the process of forming a Cooperative Housing Corporation under the
laws of the State of New York to be named EcoVillage Co-Housing Cooperative
for the purpose of developing and owning such housing; and
(3)
EcoVillage at Ithaca, another entity, has agreed to
sell approximately 33 acres to the First Residents Group or its successor
cooperative, contingent upon the rezoning provided by this section
and receipt of all other requisite approvals by the Town of Ithaca
and Tompkins County; and
(4)
The proposed project will:
(a)
Contribute to the variety of housing styles
and patterns of development available in the Town;
(b)
Develop and model a neighborhood design for
pedestrians, with minimal traffic, attractive landscaping, and safe
play areas for children;
(c)
Utilize clustering to create an aesthetic, quiet
and safe neighborhood space to help foster a sense of community;
(d)
Utilize interior acreage for housing, which
will allow preservation of better agricultural soils, avoid strip-type
residential development along roadways, create a safer environment,
preserve existing rural character and existing views along roadways;
(e)
Demonstrate the manner in which housing may
be developed to conserve energy and water, by utilizing passive solar
designs, super-insulation, careful landscaping for wind protection
and low-flow water devices;
(f)
Demonstrate how housing may be developed which
conserves energy by building smaller individual dwellings and concentrating
otherwise-duplicated, energy-consuming spaces into a community center
or "common house";
(g)
Demonstrate how meaningful open space may be
preserved in conjunction with construction of new housing at ordinarily-permitted
densities.
B.
Purpose. It is the purpose and intent of this section
to allow, by creation of a Special Land Use District, an opportunity
for the implementation of the foregoing goals and objectives in an
environmentally and ecologically sound manner.
C.
Amendments to Zoning Ordinance. The Zoning Ordinance
of the Town of Ithaca, as readopted, amended and revised, effective
February 26, 1968, and thereafter further amended, be further amended
as follows:
D.
Principal use regulations and definitions. In Special
Land Use District No. 8 (the "SLUD"), the following areas, as shown
on document "EcoVillage Site Usage Areas 2012" on file with the Town
of Ithaca Planning Department, are defined with their permitted uses
and applicable definitions:
[Amended 4-7-2008 by L.L. No. 7-2008; 9-10-2001 by L.L. No.
4-2001; 11-8-2010 by L.L. No. 6-2010; 7-11-2011 by L.L. No.
7-2011; 8-13-2012 by L.L. No. 9-2012]
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I.
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Natural Area: This area is a permanently preserved
natural, open space with the following permitted uses: forest, natural
succession, forest management including logging in accordance with
good forest management practices, no more than one retreat cabin not
exceeding 500 square feet in floor area (unless up to two additional
cabins are authorized by the Planning Board), outdoor areas for aquaculture,
constructed wetland or other water cleansing demonstration projects,
an auxiliary utility building, gardens, walking trails, and other
similar non-intrusive types of uses. Structures other than related
to the above are prohibited in the Natural area. For the purpose of
this section, "aquaculture" means use of ponds for agricultural production
to demonstrate how natural ecosystems can produce edible plants, fish
and other aquatic species for domestic noncommercial consumption.
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II.
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Agricultural Area: Permitted uses shall include
all principal and accessory agricultural uses (except residential
uses) set forth below, except as the same may be limited by other
restrictions placed upon the land by EcoVillage of Ithaca, Inc., or
others. Permitted uses shall also include one radio transmission facility
operated pursuant to a single broadcast license from the Federal Communications
Commission or any successor federal or state agency.
[Amended 2-10-2014 by L.L. No. 1-2014] | |
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III.
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Residential Area: This area will be allowed
to contain up to 150 dwelling units in up to five neighborhoods. Each
neighborhood shall consist of a minimum parcel of five areas of land.
Subdivisions of land (as defined in the Town's Subdivision Regulations)
whether for sale, lease or other transfer shall be permitted only
within the SLUD area designated as "Residential." In the Residential
Area 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:
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(4)
Up to five community centers, also known as "common
houses," which may house recreation, meeting, and dining space, children's
playrooms, kitchen facilities, common laundry facilities, and other
accessory uses permitted in this Special Land Use District and/or
other community space, compatible with its purpose of being an extension
of residents’ homes; provided, however, that the community center
is to be used primarily by the residents of the dwellings located
within this Special Land Use District. A community center may also
house up to 15 dwelling units, each of which shall be inhabited by
no more than one family, or one family and one boarder. At least one,
but no more than one, community center shall be constructed for each
30 residences, unless the Planning Board issues a waiver of this requirement
or limitation in the process of site plan review for good cause shown.
(5)
Special approval uses.
(a)
The following uses but only upon receipt of
a special approval for same by the Board of Appeals in accordance
with the procedures described below:
[1]
Church or other places of worship, convent and
parish house.
[2]
Public library, public museum, public, parochial
and private schools, day-care center, and nursery school.
[3]
Publicly owned park or playground including
accessory buildings and improvements.
[4]
Nursing or convalescent home, or medical clinics.
(b)
The application for approval of any of the foregoing
uses shall be referred to the Planning Board and no final action by
the Board of Appeals shall be taken until the Planning Board has reviewed
at least a preliminary site plan and approved same. If the Zoning
Board of Appeals approves same, and if only a preliminary site plan
was approved by the Planning Board, the matter shall be returned to
the Planning Board for final site plan approval. The site plan approval
process shall be as set forth in Article IX of the Zoning Ordinance[2] supplemented by the provisions of this section. No building
permit shall be issued unless the proposed structure is in accordance
with the final site plan approved by the Planning Board.
[2]
Editor's Note: Numbering refers to the Zoning
Ordinance as it existed in 1995, when this section was adopted.
(6)
Garden, nursery, of farm, except there shall be no
hog farm where the principal food is garbage and there shall be no
commercial raising or sale of livestock or fish. Sale of other farm
and nursery products shall be subject to the provisions of Section
18, Subdivision 7, of the Ordinance.[3] Usual farm buildings are permitted, provided that:
(a)
Any building in which farm animals are kept
shall be at least 100 feet from any dwelling or community center and
any street right of way, and if subdivision approval is obtained,
at least 100 feet from any lot line.
(b)
No manure shall be stored within 100 feet of
any dwelling or community center or street right of way, and if subdivision
approval is obtained, within 100 feet of any lot line.
[3]
Editor's Note: Numbering refers to the Zoning
Ordinance as it existed in 2001, when this section was amended.
(7)
Any municipal, public or private utility purpose necessary
to the maintenance of utility services.
(8)
Cemetery and the buildings and structures incident
thereto, but only upon special approval of the Board of Appeals.
(9)
A roadside stand or other structure for the display
and sale of farm or nursery products incidental to farming and as
a seasonal convenience to the owner or owners of the land. Any such
stand shall be located a minimum of 15 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 and shall not be operated
more than eight months out of any one year.
(11)
Day-care homes and group day-care facilities.
(15)
Ground-mounted and freestanding solar collectors that provide electricity or hot water to buildings on any of the lots in this Special Land Use District are permitted as principal uses, with no restriction on surface area or height, provided that if the total surface area of all the existing and proposed collectors on any one lot exceeds 1,000 square feet or the height of the proposed collectors and any mounts exceeds 20 feet when operated at maximum tilt, no building permit shall be issued for the proposed collectors unless the proposed collectors are in accordance with a site plan approved pursuant to the provisions of Article XXIII of Chapter 270 of the Town of Ithaca Code.
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IV.
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Commercial Area: In addition to all the uses
allowed in the Residential Area above, this area may also contain
the following buildings or uses, in up to five buildings, provided
that the interior floor area for any building in this area shall be
no more than 1,000 square feet per floor, and provided further that
the total floor area for all floors (except a basement used solely
for storage) of all buildings in this area shall not exceed 7,000
square feet:
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(1)
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Artisanal food production, including the production,
preparation and storage of food for sale in businesses such as a bakery,
picobrewery or community kitchen.
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(2)
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Artisanal crafts and arts, including small custom
industries where goods are produced for sale on premises or repaired
by hand, using small scale tools or equipment.
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(3)
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Personal service businesses, including barber,
beautician, massage therapist, personal wellness studio.
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(4)
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Retail establishment for the sale of merchandise,
including food, where there is no overnight outdoor storage of inventory.
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(5)
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Restaurant, coffee shop, bistro, cafe.
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(6)
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Business, professional or administrative office,
excluding a clinic.
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(7)
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Any other lawful use, not otherwise specifically
referred to in this subsection, that both the Planning Board and the
Zoning Board of Appeals find is substantially similar to a use permitted
as of right in this Commercial Area and does not have greater adverse
effects upon traffic, noise, air quality, parking, or any other attribute
reasonably relevant, than a use permitted as of right.
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V.
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Definitions. For purposes of this § 271-9, the following terms shall have the following meanings:
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ARTISANAL — Small custom industry, with a workshop
of no more than 1,000 square feet, where goods are produced or repaired
by hand, using hand tools or small-scale table-mounted equipment,
and sold or received on premises. This also includes arts and crafts
studios using equipment normally associated with mechanical trades.
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PICOBREWERY — Small brewery where the floor
area is no larger than 1,000 square feet.
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E.
Accessory uses. Permitted accessory uses and structures
in Special Land Use District No. 8 shall be limited to the following:
[Amended 9-10-2001 by L.L. No. 4-2001; 8-7-2017 by L.L. No. 12-2017]
(1)
Office of a resident doctor, dentist, musician, engineer,
teacher, lawyer, artist, architect, computer consultant, software
consultant, or member of other recognized profession and quasi-profession
where such office is a part of the residence building provided that
not more than three additional persons not residing on the premises
may be employed.
(2)
Customary home occupation.
(a)
A customary home occupation (such as dressmaking,
hair dressing, laundering, home cooking, carpentry, electrical, and
plumbing work or similar manual or mechanical trade) operated solely
by a resident of the dwelling provided that:
[1]
No additional person not residing on the premises
may be employed therein; and
[2]
No goods or products are publicly displayed
or advertised for sale; and
[3]
There is no outside storage; and
[4]
No noise, dust, disorder, or objectionable odor
is experienced beyond the dwelling where such use is conducted.
(b)
Any of the above mechanical trades that are
conducted in the home shall be conducted within the confines of the
dwelling or the basement of the dwelling or in a garage area not to
exceed 200 square feet.
(3)
Offices or occupations as set forth in Subsection E(1) and (2) above may be conducted in the common house provided:
(a)
The person or persons conducting such profession or home occupation is a or are permanent residents of the Special Land Use District except, as to professions enumerated in Subsection E(1) above, no more than one additional nonresident person may be employed by any one professional or quasi-professional, and no more than four additional nonresident persons may be employed in the aggregate by all of the professionals and quasi-professionals occupying work space in the common house; and
(b)
No more than eight separate offices or work
spaces are so occupied in the common house; and
(c)
The aggregate space of all the offices and occupation
spaces combined does not exceed 20% of the total gross floor area
of the common house; and
(d)
No goods or products are publicly displayed
or advertised for sale; and
(e)
There is no outside storage; and
(f)
No noise, dust, disorder, or objectionable odor
is experienced beyond the space where such occupation or use is conducted;
and
(g)
No one office or trade authorized above shall
be conducted in any space in excess of 200 square feet; and
(h)
The total number of offices or occupations set forth in Subsection E(1) and (2) located anywhere in this Special Land Use District, whether in common houses or in residences, shall not in the aggregate exceed the number of dwelling units. (i.e., there shall be no more home occupations or professional offices authorized within the Special land Use District than if the property were in a Residence District R30).
(4)
Off-street garage or parking space for the occupants,
users and employees in connection with uses specified above, but subject
to provisions of Section 45 and Section 69 of the Ordinance,[5] and subject to the other provisions of this section.
[5]
Editor's Note: Numbering refers to the Zoning
Ordinance as it existed in 1995, when this section was adopted.
(5)
A temporary building for commerce or industry, where
such building is necessary or incidental to the development of the
residential area. Such buildings may not be continued for more than
one year except upon special approval of the Board of Appeals.
(6)
Accessory buildings such as dog houses, storage sheds,
carports, gazebos, or other small structures clearly ancillary and
related to dwelling uses in the Special Land Use District and subject
to all other provisions of this section.
(7)
The keeping of domestic animals or fowl in accessory
buildings, provided that no such building shall be nearer than 50
feet to any other dwelling and shall be located on land owned or leased
by the person occupying the principal dwelling to which such building
is accessory, and further provided that there shall be no raising
of fur-bearing animals, keeping of horses for hire, or kennels for
more than three dogs over six months old.
(9)
Electric
vehicle charging station.
[Added 8-12-2024 by L.L. No. 7-2024]
F.
Manner of land ownership.
(1)
The property in this Special Land Use District may
be owned in the following manners:
(a)
Each dwelling unit may be owned individually by more than one person or entity (with or without a homeowners' association or similar body) provided that there is compliance with Chapter 234, Subdivision of Land, of the Code of the Town of Ithaca (including the cluster subdivision regulations); or
(b)
As a cooperative (where there is one entity
that owns the land and which leases land to individuals who then erect
dwelling units on the leased land or where one entity owns the land
and all buildings and leases specific dwelling units and associated
accessory buildings to individuals or families); or
(c)
As a condominium; and
[Amended 9-10-2001 by L.L. No. 4-2001]
(d)
Common land, facilities and infrastructure (roadways,
water and sewer lines and other infrastructure) may be owned by a
separate corporation controlled by the residents of all EcoVillage
neighborhoods.
[Added 9-10-2001 by L.L. No. 4-2001]
(e)
Open land with or without building structures
may be owned by the nonprofit EcoVillage at Ithaca, Inc.
[Added 9-10-2001 by L.L. No. 4-2001]
(2)
Regardless of the manner of ownership, before construction
of any improvements anywhere in the Special Land Use District is commenced,
except as otherwise specifically provided by this section, a site
plan for such construction shall be submitted to and approved by the
Planning Board.
(3)
In the event land is to be owned by a cooperative, a final site plan, providing such detail as is normally required for a subdivision and showing the dimensions and location, in such detail as the Planning Board may require, of the proposed leased areas, shall be submitted to, and approved by, the Planning Board before any building permits are issued. The criteria for approval of such site plan shall be the same criteria used by the Planning Board in approving site plans and subdivisions set forth elsewhere in the Zoning Ordinance and in the Planning Board's Subdivision Regulations (Chapter 234, Subdivision of Land).
G.
Density limitations. There shall be no more than 150
dwelling units constructed within this Special Land Use District.
There shall be a maximum of 30 dwelling units per neighborhood unless
otherwise authorized by the Planning Board. For every eight dwelling
units, a minimum of one acre of land will be designated as part of
the neighborhood footprint, as defined in the approved site plan.
[Amended 9-10-2001 by L.L. No. 4-2001; 7-11-2011 by L.L. No.
7-2011]
H.
Yard regulations. The minimum distance between buildings
shall be in compliance with the New York Uniform Fire Prevention and
Building Code, except in the case of multifamily dwellings in which
case the distance between any two buildings shall be no less than
the height of the two buildings when averaged together, or 20 feet,
whichever is greater.
[Amended 9-10-2001 by L.L. No. 4-2001]
I.
Height regulations. In this Special Land Use District
no building shall be erected, altered, or extended to exceed 40 feet
in height from the lowest interior grade or 40 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, except that a radio transmission tower may extend
up to 45 feet in height. Notwithstanding the foregoing, the Planning
Board may grant a special permit for construction of community centers
or accessory towers, other than radio transmission towers, in excess
of 40 feet, but in no event shall any structure (or any appurtenant
element of a structure) exceed 60 feet in height.
[Amended 11-8-2010 by L.L. No. 6-2010; 2-10-2014 by L.L. No. 1-2014]
J.
Lot coverage. No structure or structures, including
accessory buildings or structures and including parking area and other
paved areas, shall be erected, constructed, altered or extended to
cover, in the aggregate, more than 10% of the land area within the
Special Land Use District or more than 50% of each neighborhood footprint.
[Amended 9-10-2001 by L.L. No. 4-2001]
K.
Parking.
[Amended 9-10-2001 by L.L. No. 4-2001]
(1)
There shall be provided paved parking, or parking
spaces surfaced in such other manner as may be approved by the Town
Planning Board and the Town Engineer, at a rate of at least 1 1/2
parking spaces for each dwelling unit plus one parking space for each
500 square feet of enclosed building space in any community center
or commercial building.
[Amended 8-13-2012 by L.L. No. 9-2012]
(2)
Notwithstanding the foregoing, if the Planning Board
determines that a reduction in the required number of parking spaces
will not adversely affect traffic flow on the proposed site, will
leave adequate parking for all of the reasonably anticipated uses
or occupancies on the site, and will not otherwise adversely affect
the general welfare of the community, such Board may authorize the
minimum number of parking spaces to be reduced by no more than 25%.
If the Planning Board permits such a reduction, it may impose such
reasonable conditions, including the conditions set forth with respect
to reductions of parking spaces in business districts, as may, in
the judgment of the Planning Board, be necessary to assure that such
reduction will not cause congestion, create undesirable traffic flows
or hazards, or otherwise be adverse to the general welfare of the
community. In any event, unless expressly waived by the Planning Board,
such reduction shall be subject to the same mandatory conditions as
are set forth with respect to business district parking area reductions.
L.
Size limitations. The maximum square footage for any
dwelling unit shall not exceed 2,000 square feet. However, these units
may be attached in a duplex or townhouse configuration or as stacked
units.
[Added 9-10-2001 by L.L. No. 4-2001]
M.
Buffer zones. No buildings or structures shall be
located within 50 feet of the boundaries of the Special Land Use District.
In addition, no buildings or structures shall be located within a
twenty-five-foot buffer zone surrounding each neighborhood footprint,
except for structures that are established for the joint benefit of
contiguous neighborhoods.
[Added 9-10-2001 by L.L. No. 4-2001]
N.
Building permits and site plan approval.
(1)
In accordance with the provisions of the Zoning Ordinance
a final site plan shall be submitted to and approved by the Town of
Ithaca Planning Board before issuance of any building permits. Any
significant revisions to the Preliminary Site Plan ("Drawing No. 2A
- Project Plan, EcoVillage Co-Housing Cooperative, Revised Road, Revised
Property Lines" made by House Craft Builders dated October 26, 1994,
a copy of which is on file at the Town of Ithaca Planning Department),
submitted to the Town Board at the time of the creation of this Special
Land Use District, shall be submitted to and be approved by the Town
Board before issuance of any building permits.
(a)
Notwithstanding the foregoing, the Planning
Board is authorized to permit modifications of the Preliminary Site
Plan in granting final site plan approval provided that:
[1]
As modified such site plan is in general conformity
with the purposes and objectives of this section creating this Special
Land Use District; and
[2]
The modifications are in accordance with the
provisions of this section and other provisions of the Zoning Ordinance
unless a variance for a deviation has been obtained from the Board
of Appeals; and
[3]
The modifications do not significantly reduce
the open space provided for on the preliminary site plan.
(b)
Each neighborhood's site plan shall show exact
locations and dimensions of proposed buildings.
[Added 9-10-2001 by L.L. No. 4-2001]
(2)
Building permits shall be required for any construction. Such permits shall not be issued unless and until the exterior design, specifications, and plans for the buildings and all other improvements to be constructed in the Special Land Use District and construction of all outside facilities including lighting and signs shall have been shown on the final site plan approved by the Planning Board, and any construction hereafter shall be in accordance with said site plan as finally approved; provided, however, that building permits for the installation of accessory solar collectors that are not shown on a final site plan may be issued as long as all requirements of § 270-219.1 are met, and further provided that building permits for solar collectors that are principal uses and are not shown on a final site plan may be issued unless a site plan is required by Subsection D(15) above. In determining whether to approve the site plan, the Planning Board shall employ the same considerations it would employ in approving a site plan pursuant to § 270-188.
[Amended 11-8-2010 by L.L. No. 6-2010; 7-11-2011 by L.L. No.
7-2011]
O.
Primary ingress and egress to the Special Land Use
District.
[Amended 9-10-2001 by L.L. No. 4-2001]
(1)
No building permits shall be issued for construction
of any structures within the Special Land Use District unless the
following exist at the time of the issuance of such permit to assure
adequate ingress and egress to the property:
(a)
A primary access road from Mecklenburg Road
is legally available to all current and potential future residents,
constructed, and maintained to the extent of providing, in the opinion
of both the Town Engineer and Town Highway Superintendent, a usable,
serviceable roadway for ingress and egress of residential, emergency
and service vehicles, to all dwellings and community buildings in
the Special Land Use District as shown on the final site plan.
(b)
Suitable provisions to assure continuing legal
access and continuing maintenance of the road to a standard which
will allow unimpeded passage of emergency vehicles at all times and
in all seasons.
(c)
A sign posted at the intersection of the private
road and Route 79 indicating that the road is not a Town road.
(2)
No certificates of occupancy shall be issued, and
no permits for construction of more than ten dwelling units for any
new neighborhood cluster within the Special Land Use District shall
be issued, unless and until:
(a)
The road referred to above, plus any additional
road necessary to provide fire and emergency protection for the new
neighborhood cluster, has been completed in accordance with the applicable
Town of Ithaca highway specifications in effect at the time immediately
prior to the issuance of the first building permit for any such structure,
except that if the Town of Ithaca highway specifications require paving
of the road, paving may be omitted, and except that as to spur roads
serving individual neighborhood groups from the main road (Rachel
Carson Way) the Planning Board may waive the application of any part
of the Town Highway specifications:
[1]
If it determines that full compliance with such
specifications is not necessary to provide adequate traffic circulation;
[2]
If it determines that such waivers will not
prevent the normal and reasonable access in all seasons of fire and
medical emergency vehicles; and
[3]
The Town Highway Superintendent and the Town
Engineer recommend such waiver, and
[4]
There is proof provided to the Town Engineer
and Planning Board that there is adequate financial support available
to the developer to complete the road, such proof being in the form
of a dedicated escrow account, performance bond, letter of credit,
or other proof satisfactory and acceptable to the Town Engineer, Attorney
for the Town and the Planning Board; and
[5]
The Town Engineer and Town Highway Superintendent
recommend granting the waiver.
(b)
If such a waiver is granted, the Planning Board
may impose such reasonable conditions upon the grant as it may deem
appropriate to assure completion of the road in a timely and workmanlike
manner.
P.
Secondary ingress and egress to the Special Land Use
District. No building permits and no certificates of occupancy shall
be issued for any buildings constructed in the Special Land Use District
unless there is in existence at the time of such issuance:
[Amended 9-10-2001 by L.L. No. 4-2001]
(1)
A secondary access road from West Haven Road with
a surface at least 10 feet wide over a strip of land at least 30 feet
wide legally available to emergency fire, rescue, and medical vehicles
(in fee or by easement), constructed, and maintained to the extent
of providing, in the opinion of both the Town Engineer and Town Highway
Superintendent, a usable, serviceable emergency roadway for ingress
and egress of residential, emergency and service vehicles, to a point
where it joins the primary access road at a point no further than
1,200 feet from any dwelling unit and community center proposed to
be constructed as shown on the final site plan. The surface need not
be asphalt provided that the surface constructed is, in the opinion
of the Town Engineer and the Town Highway Superintendent, sufficient
to provide year-round access for emergency vehicles.
(2)
Suitable provisions to assure continuous rights of
access and continuous maintenance of the road to a standard which
will allow unimpeded passage of emergency vehicles at all times and
in all seasons.
Q.
Limitation of culs-de-sac. No cul-de-sac of greater
than 1,200 feet from a point providing two means of access to and
from public roads (Mecklenburg Road and/or West Haven Road) existing
at the effective date of this section shall be constructed in the
Special Land Use District.
[Amended 9-10-2001 by L.L. No. 4-2001]
R.
Dedication of road to the Town of Ithaca. The road
or roads may be offered for dedication to the Town provided that the
road is constructed or reconstructed to Town specifications as in
effect at the time of said proposed dedication except that, at the
option of the Town, the Town may waive the requirement for paving
provided that arrangements satisfactory to the Town, either by assessment,
agreement, or otherwise, are provided such that if the Town paves
the road, the cost of such paving shall be recouped within a reasonable
period of time, satisfactory to the Town, from the owners or lessees
of land in the Special Land Use District and any other users of the
land. Said arrangements may, at the option of the Town, include letters
of credit, bonds, deposits of funds, and/or personal guarantees of
the owner and/or residents of the Special Land Use District. Nothing
in this provision is intended to compel the Town to accept such dedication.
S.
Maintenance of open space. All the open space shown
on the site plan will be owned, maintained, and the use thereof controlled
by a residents association or duly formed cooperative housing corporation
or the nonprofit EcoVillage at Ithaca, Inc., primarily for the enjoyment,
passive and active recreation, and agricultural purposes of the residents
of the Special Land Use District provided, however, that if any land
is dedicated to the Town as part of any required park or open space
recreation dedication, those areas owned by the Town will be owned,
maintained, and the use thereof controlled by the Town.
[Amended 9-10-2001 by L.L. No. 4-2001]
T.
Construction requirements. All construction for which
a permit is required or granted shall comply with all applicable laws,
codes, ordinances, rules and regulations.
U.
Ownership of ingress and egress roads. The primary
road providing access to the property running from Mecklenburg Road
to the area within the Special Land Use District shall be owned in
fee title by the cooperative, homeowners' association, condominium
association, or all of the owners of any individual lots contained
within the Special Land Use District, as approved by the Planning
Board upon the advice of the Attorney for the Town to assure continued
access to and from public roads for the property in the Special Land
Use District. This provision shall terminate at such time, if ever,
as the road is conveyed to the Town or other public road access approved
by the Planning Board is provided to the property within the District.
Lots subdivided within the Residential Area do not have to have frontage
or minimum lot width on a public street, so long as access and the
necessary cross-easements for access to the primary EcoVillage road
is guaranteed to the satisfaction of the Town.
[Amended 9-10-2001 by L.L. No. 4-2001]
V.
Provision of sewer facilities. No certificates of
occupancy will be issued, and no permits for construction of more
than 10 dwelling units per neighborhood cluster within the Special
Land Use District shall be issued, unless and until the following
shall have occurred:
[Amended 9-10-2001 by L.L. No. 4-2001]
(1)
Sewer easements for the benefit of the Town for a
public sewer line running from a presently existing public sewer to
the location of the proposed dwelling units and community center as
shown on the finally approved site plan are obtained in the form normally
required by the Town of Ithaca from all landowners over which said
sewer line must run and the same recorded in the Tompkins County Clerk's
Office; and
(2)
A sewer line is constructed by the developer or other
owner of land in the Special Land Use District, at such party's expense,
in accordance with all applicable specifications and requirements
(including the Town of Ithaca and Tompkins County specifications)
to the satisfaction of the Tompkins County Health Department and the
Town of Ithaca Town Engineer and the line is transferred and dedicated
to the Town of Ithaca.
(a)
The developer may request a waiver from the requirement of this Subsection V(2) to the extent of obtaining additional building permits earlier than would otherwise be authorized by applying for such a waiver to the Planning Board. The Planning Board may, but is not required to, authorize the issuance of more than ten building permits if the Planning Board finds:
[1]
The plans for the sewer line have been approved
by all applicable agencies;
[2]
Work has been commenced on the construction
of the line and is progressing with sufficient rapidity that it is
reasonable to expect that it will be completed before any certificates
of occupancy for any dwelling units are issued;
[3]
It would be a substantial hardship to one or
more individuals to delay construction of more than 10 of dwelling
units; and
[4]
There is proof provided to the Town Engineer
and Planning Board that there is adequate financial support available
to the developer to complete the line, such proof being in the form
of a dedicated escrow account, performance bond, letter of credit,
or other proof satisfactory and acceptable to the Town Engineer, Attorney
for the Town and the Planning Board; and
[5]
The Town Engineer recommends granting the waiver.
(b)
If such a waiver is granted, the Planning Board
may impose such reasonable conditions upon the grant as it may deem
appropriate to assure completion of the sewer line in a timely and
workmanlike manner.
W.
Provision of adequate water facilities.
(1)
No certificates of occupancy will be issued, and no
permits for construction of more than 10 dwelling units per neighborhood
cluster within the Special Land Use District shall be issued, unless
the following exist at the time of the issuance of such permit or
certificate to assure adequate water supply for the proposed development:
[Amended 9-10-2001 by L.L. No. 4-2001]
(a)
Water lines built by the developer at the developer's
expense in accordance with the requirements of all applicable governing
authorities and laws including the requirements of the Tompkins County
Health Department, and applicable plumbing and building codes, as
the same pertain to a private water system; and
(b)
A pump station owned and maintained by the owner(s)
or residents of the Special Land Use District providing pumping capacity
adequate, in the reasonable judgment of the Town Engineer, the Town
Planning Board, and the Tompkins County Health Department, to provide
sufficient flows of water at the dwelling sites for domestic household
use and at the common houses for lavatory, kitchen, fire protection
(unless other fire protection mechanisms have been approved by the
appropriate officials of the Town), and any other proposed use requiring
water.
(c)
A meter installed by the developer at the developer's
expense at the point on West Haven Road where said private line intersects
the public main for purposes of metering consumption within the Special
Land Use District in accordance with the Town of Ithaca, Southern
Cayuga Lake Intermunicipal Water Commission, and any other municipal
agency's requirements for water supply purposes.
(2)
The developer may request a waiver from the requirements
of one or more of the subsections above to the extent of obtaining
additional building permits earlier than would otherwise be permitted
by applying for such a waiver to the Planning Board. The Planning
Board may, but is not required to, authorize the issuance of more
than ten building permits if the Planning Board finds:
(a)
The plans for the water line have been approved
by all applicable agencies;
(b)
Work has been commenced on the construction
of the line and station and is progressing with sufficient rapidity
that it is reasonable to expect that it will be completed before any
certificates of occupancy for any dwelling units are issued;
(c)
It would be a substantial hardship to one or
more individuals to delay construction of more than 10 of dwelling
units; and
(d)
There is proof provided to the Town Engineer
and Planning Board that there is adequate financial support available
to the developer to complete the line and associated facilities, such
proof being in the form of a dedicated escrow account, performance
bond, letter of credit, or other proof satisfactory and acceptable
to the Town Engineer, Attorney for the Town and the Planning Board;
and
(e)
The Town Engineer recommends granting the waiver.
(3)
If such a waiver is granted, the Planning Board may
impose such reasonable conditions upon the grant as it may deem appropriate
to assure completion of the water line and associated facilities in
a timely and workmanlike manner.
X.
Modification of site plan. Any change in the site
plan as finally approved by the Town Planning Board shall not be made
until an application for a modification of site plan is provided to
and approved by the Town Planning Board.
Y.
Area rezoned. The area encompassed and rezoned in
accordance with this section to be Special Land Use District No. 8
is described on Schedule A to this section.[6] The Official Zoning Map of the Town of Ithaca is hereby
amended by adding such district at the location described.
Z.
Reversion.
(1)
Unless work has materially commenced in accordance
with a final site plan within one year from the issuance of the building
permit authorizing such work, or within 36 months of the date the
Planning Board gave final site plan approval, or within four years
of the effective date of this section, whichever is earlier, any building
permit shall lapse, the site plan approval (both final and preliminary,
if any) shall expire, and the zoning change effected by this section
shall terminate and the zoning shall revert to that in effect prior
to the adoption of this section, unless in the interim there has been
a general rezoning of the area surrounding the area being rezoned
by this section, in which event the zoning shall revert to the same
zoning as then in effect along a majority of the perimeter of the
land being rezoned as a Special Land Use District by this section.
The Planning Board, upon request of the applicant, after a public
hearing, and upon a finding that the imposition of the time limits
set forth above would create an undue hardship on the applicant, may
extend the time limits for such additional periods as the Planning
Board may reasonably determine. An application for such extension
may be made at the time of filing of the original application for
site plan approval or at any time thereafter up to, but no later than,
six months after the expiration of the time limits set forth above.
(2)
For the purposes of this section, work will not have
"materially commenced" unless, at a minimum, i) a building permit,
if required, has been obtained; ii) construction equipment and tools
consistent with the size of the proposed work have been brought to
and been used on the site; and iii) substantial excavation (where
excavation is required) or significant framing, erection, or construction
(where excavation is not required) has been started and is being diligently
pursued.
AA.
Invalidity. If any provision of this section is found
invalid by any court of competent jurisdiction, such invalidity shall
not affect any other provisions of this section which shall remain
in full force and effect.
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Schedule A
Description of Area Rezoned Special Land
Use District No. 8
2001 Amendment
[Amended 9-10-2001 by L.L. No. 4-2001] | |
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All that tract or parcel of land situate in
the Town of Ithaca, County of Tompkins, State of New York, bounded
and described as follows:
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Beginning at a point in the center line of Mecklenburg
Road which point is approximately 225 feet westerly from the intersection
of such center line with the center line extended of West Haven Road;
thence southerly on a line parallel with and 225 feet westerly from
the center line of West Haven Road a total distance of approximately
1282.15 feet to the northwesterly corner of lands now or formerly
of Robert A. and Elizabeth Hesson (L. 603, P. 564); thence S 1°
48' 31 E along the westerly line of said lands of Hesson, passing
through a point at the southwesterly corner of said lands of Hesson
and continuing a total distance of 482.53 feet to a point located
in the centerline of a creek; thence along the center line of said
creek, being also the northerly line of lands now or formerly of Frank &
Rose V. Flacco (L. 548, P. 9), the following six (6) courses and distances:
(1) N 76° 25' 16" W, a distance of 76.65 feet to a point; (2)
thence S 83° 51' 07" W, a distance of 185.05 feet to a point;
(3) thence S 87° 57' 22" W, a distance of 106.21 feet to a point;
(4) thence N 40° 30' 59" W, a distance of 117.33 feet to a point;
(5) thence N 8° 36' 54" W, a distance of 47.43 feet to a point;
(6) thence N 52° 59' 10" W, a distance of 119.59 feet to a point
being a northerly corner in said Flacco premises; thence S 3°
49' 6" W along the westerly line of said lands of Flacco a total distance
of 716.89 feet to an iron pin located at the southwesterly corner
of said lands of Flacco; thence S 86° 57' 21" W, along a northerly
line of lands now or formerly of Donald F. & Genievieve W. Henry
(L. 737, P. 141), a distance of 84.76 feet to an iron pin located
at a northwesterly corner of said lands of Henry; thence S 6°
49' 6" E, along a westerly line of premises of Helen DeGraff (L. 310,
P. 15 & L. 448, P. 1027), a distance of 1066.73 feet to an iron
pin; thence S 87° 37' 09" W, along a northerly line of lands of
DeGraff, and continuing along the northerly line of lands now or formerly
of Longhouse Cooperative, Inc. (L. 546, P. 742), a total distance
of 2072.73 feet to an iron pin located at a corner of lands now or
formerly of Longhouse Cooperative, Inc. (L. 635, P 482 7 L 635, P.
492); thence N 03° 14' 12" W, along the easterly line of said
lands of Longhouse Cooperative, Inc.," a distance of 400.29 feet to
an iron pin located at a northeasterly corner of said lands of Longhouse
Cooperative, Inc.; thence N 86° 45' 49" W along a northerly line
of said lands of Longhouse Cooperative, Inc. a distance of 1047.69
feet to an iron pin located at a northwesterly corner of said lands
of Longhouse Cooperative, Inc. being also an easterly line of lands
reputedly owned by Cornell University; thence N 1° 17' 37" W,
along an easterly line of said lands of Cornell, a distance of 700.38
feet to an iron pin located at a northeasterly corner of said lands
of Cornell, being also a southerly line of lands now or formerly of
YMCA of Ithaca and Tompkins County (L. 606, P. 172); thence N 88°
01' 30" E, along a southerly line of said lands of YMCA, a distance
of 421.59 feet to an iron pin located at a southeasterly corner of
said lands of YMCA; thence N 2° 23' 46" W, along an easterly line
of said lands of YMCA, a distance of 965.44 feet to an iron pipe;
thence N 87° 36' 14" E along a southerly line of said lands of
YMCA, and continuing along the southerly line of lands now or formerly
of Robin Bottie and David Warden (L. 633, P. 728) a total distance
of 1725.73 feet to an iron pin located at the southeasterly corner
of said lands of Bottie and Warden;
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thence N 01° 49' 46" W, along the easterly
line of said lands of Bottie and Warden and continuing along the easterly
line of the lands now or formerly of Joseph and Daisy Schimmenti (L.
557, P. 454) and the easterly line of the lands now or formerly of
Sadegn Deljoo and Ngern Puang (L. 656, P. 235) a total distance of
1281.8 feet to a point in the said center line of Mecklenburg Road;
thence N 87° 50' 16" E, along the said center line of Mecklenburg
Road a total distance of 563.93 feet to a point; thence S 01°
48' 31" E, along the westerly line of lands now or formerly of Michael
Carroll (L. 732, P. 330) a total distance of 721.5 feet to an iron
pin; thence N 87° 50' 16" E, along the southerly line of said
lands of Carroll a distance of 404.0 feet to an iron pin; thence N
01° 48' 31" W, along an easterly line of the said lands of Carroll
a distance of 139.74 feet to a point; thence N 88° 11' 29" E,
along a southerly line of the said lands of Carroll a distance of
125.00 feet to a point; thence N 01° 48' 31" W, along an easterly
line of said lands of Carroll a distance of 300.00 feet to a point;
thence S 88° 11' 29" W, along a northerly line of the said lands
of Carroll a distance of 125.00 feet to a point; thence N 01°
48' 31" W, along an easterly line of said lands of Carroll a distance
of 281.76 feet to a point in the said center line of Mecklenburg Road;
thence N 88° 05' 53" E, along the said center line of Mecklenburg
Road, a distance of approximately 522.14 feet to the point or place
of beginning, being net 165.72 acres more or less.
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The above description is in accordance with
a map entitled "SUBDIVISION MAP ECOVILLAGE COHOUSIING COOPERATIVE
MECKLENBURG ROAD - N.Y.S. RTE. 79 TOWN OF ITHACA, TOMPKINS COUNTY,
NEW YORK" with a sheet title of "SUBDIVISION PLAN MAP" Sheet 1, dated
June 11, 2001, made by T.G. Miller P.C., a copy of which is on file
with the Town of Ithaca Planning Office.
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[Adopted 12-11-1995 by L.L. No. 14-1995]
A.
Preamble.
(1)
WHEREAS, Cornell University has plans for long term
development of a portion of the Cornell University Campus known generally
as "Precinct 7" of the recent Planning Study done by Cornell; and
(2)
WHEREAS, the plans are for development of this are
solely for educational purposes and to further the education mission
of the University; and
(3)
WHEREAS, in order to assess the short- and long-term
environmental and other effects of development of this area, the University
voluntarily undertook to prepare a Draft Generic Environmental Impact
Statement ("DGEIS"); and
(4)
WHEREAS, the Town, Cornell, and many residents of
the Town have participated in the analysis of the proposed development
and the drafting of the DGEIS; and
(5)
WHEREAS, the DGEIS has now been completed and a Final
Generic Environmental Impact Statement ("FGEIS") has been prepared
by the Town, taking into account the concerns and comments expressed
at several public hearings on the proposed development; and
(6)
WHEREAS, the Town's Planning Board and Town Board
have issued findings relating to the proposed development and the
FGEIS which, among other matters, set forth steps to mitigate, in
part, some of the potential effects of the proposed development; and
(7)
WHEREAS, it has been concluded that a rezoning of
the area from R-30 to a Special Land Use District would provide the
most flexibility for the University to achieve its goals while preserving
to the Town the ability to continue to regulate the proposed development
to assure compliance with the Town's overall comprehensive plan and
environmental requirements; and
(8)
WHEREAS, it is the intent of Cornell and the Town
in connection with such regulation to continue to evaluate both the
individual impacts of site specific projects as well as the cumulative
impacts of all development taking place in Precinct 7;
(9)
NOW, THEREFORE, in view of the recitals set forth
above, the information and materials contained in the FGEIS and related
findings, in furtherance of the Town's Comprehensive Plan, and upon
the request of Cornell University, the Zoning Ordinance of the Town
of Ithaca as readopted, amended, effective February 26, 1968, and
subsequently amended, be further amended as follows:
B.
Ordinance amended. Article 2, Section 1, of the Town
of Ithaca Zoning Ordinance[1] be and hereby is amended by adding to the permissible
districts itemized in said section a district designated as "Special
Land Use District No. 9," which Special Land Use District is shown
on a map entitled "Site Plan Cornell University Precinct No. 7 Town
of Ithaca Special Land Use District No. 9" dated August 10, 1995,
a copy of which map was filed with the Town of Ithaca Planning Department
(which map is hereinafter referred to as the "Special Land Use District
Map") and which District consists of all of the lands bounded as follows:
C.
Uses permitted. The uses permitted in this Special
Land Use District are set forth below, all of which uses shall be
conducted by an educational institution or an agency or third party
affiliated with an educational institution. The permitted uses are:
(1)
Classroom, assembly, seminar and studio buildings.
(2)
Offices for or associated with educational purposes.
(3)
Libraries.
(4)
Greenhouses for or associated with educational purposes.
(5)
Gardens, natural areas, agricultural plots and fields,
and orchards for or associated with educational purposes.
(6)
Laboratories for or associated with educational purposes.
(7)
No more than one retail store which sells primarily
orchard products and other products produced on or by Cornell facilities
and which store is largely an ancillary activity to the Cornell Orchards.
D.
Educational uses permitted with a special approval.
In addition the following uses, as part of, associated with, or in
support of educational purposes conducted by an educational institution
or an agency or third party affiliated with an educational institution
and not primarily intended for the general public, are permitted but
only upon receipt of a special approval for same by the Planning Board
in accordance with the procedures described below:
(1)
Conference centers.
(2)
Restaurants, cafeterias or other food service uses.
(3)
The following convenience, service, or business facilities
provided the same are in buildings owned by an educational institution
and provide services principally to the students, staff and employees
of the same educational institution and are not provided primarily
for the general public's use and are contained in areas of 2,000 square
feet of floor area or less:
(4)
Athletic, health, recreational or cultural facilities.
(5)
Child day-care or elder day-care center, medical center.
(6)
Maintenance, repair, servicing, utility, supply and
storage facilities provided the same are owned by, and are provided
solely to service, an educational institution and are not provided
for the general public's use.
(7)
Barns and other animal handling facilities used in
the furtherance of the teaching and/or research functions of an educational
institution.
(8)
Antennae, ray domes, satellite dishes, and similar
technical or scientific structures provided the same are used solely
by an educational institution in furtherance of its teaching or research
programs and are not permitted accessory uses set forth below.
(9)
Offices, laboratories, or greenhouses owned by third
parties but sponsored by, affiliated with or cooperating with an educational
institution for mutual benefit.
(10)
Off-street parking lots or garages which are
not permitted accessory uses set forth below.
E.
Other uses permitted with a special approval. In addition,
the following public and quasi-public offices and facilities are permitted
but only upon receipt of a special approval for same from the Planning
Board in accordance with the procedures described below:
F.
Accessory uses. Permitted accessory uses shall include
the following:
(1)
Off-street garage or parking spaces for employees, occupants, users or visitors in connection with a use permitted above, but subject to the provisions governing parking set forth in Subsection H(15) of this section and:
(2)
Parking garages primarily for employees, occupants, users or visitors to a use specified in Subsection C above, and located wholly within or underneath such structure or use specified in Subsection C above, and not occupying more than 25% of the structure's total floor area nor involving spaces for more than 20 cars.
(3)
Outdoor recreational areas including walkways, parks,
trails, picnic tables, and other similar recreational facilities.
(5)
Accessory uses within a use permitted above, such
as employee or student cafeteria, and lunch room but not larger than
2,000 square feet in size unless included in the original plans of
a structure: i) for which site plan or a special approval is being
sought; or ii) for which such approvals were previously obtained;
in which event the size may be as approved by the Planning Board,
even if larger than 2,000 square feet.
(6)
Any municipal, public, or privately owned utility
facility, 2,000 square feet or less in size, necessary to the development
or maintenance of utility services for a principal use permitted above.
(7)
Signs, associated with the above uses but only in
accordance with Chapter 221, Signs, of the Code of the Town of Ithaca
or similar law as then in effect.
(8)
Antennae, ray domes, satellite dishes, and similar
technical or scientific structures provided the same are used solely
by an educational institution in furtherance of its teaching or research
programs and are not more than 12 feet in height nor more than 12
feet in diameter.
(9)
Upon receipt of special approval from the Planning
Board, any municipal, public, or privately owned utility facility,
larger than 2,000 square feet in size, necessary to the development
or maintenance of utility services for a principal use permitted above.
(10)
Electric vehicle charging station.
[Added 8-12-2024 by L.L. No. 7-2024]
G.
Overall density limitation. No more than 4,000,000
square feet of enclosed space (including space below, at, and above
grade level) shall be permitted within the boundaries of this Special
Land Use District.
H.
Performance standards. Notwithstanding the foregoing,
any use permitted in this Special Land Use District shall be in conformity
with the following additional standards:
(1)
Density: Total maximum floor area ratio (FAR) of 0.9
for each site as well as for the aggregate of all developed sites
in the Special Land Use District exclusive of the Natural Area. "FAR"
is building floor area above grade divided by the total ground area
of the site as hereinafter defined. "Ground area" is any given piece
of land of any size so long as all buildings on it are counted and
a given piece, or any part of a piece of land is not counted more
than once. For example a building one story above grade, having a
ground area defined as the size of its footprint, has a FAR of 1.0.
The same amount of floor space in two stories above grade, that is
covering half of the ground area of the original lot, would also be
FAR 1.0. The same amount of floor space in 8 stories, covering 1/8
of the original lot, is also FAR 1.0. However, a building with half
the square feet of floor space placed on the same lot would have a
FAR of 0.5 regardless of the number of stories into which the floor
area is divided.
(2)
Height: The maximum height of buildings and structures
shall be as follows:
(a)
No building shall be erected, altered, or extended
to exceed a maximum height of 50 feet measured from the lowest point
of grade at the exterior building wall to the highest point of the
roof of the building, but excluding rooftop appurtenances such as
mechanical equipment, exhaust pipes, radio antenna provided such appurtenances
do not themselves exceed an additional 12 feet in height. Upon special
approval of the Planning Board, the height limitation of 50 feet may
be increased to a maximum of 70 feet. If the lowest point of grade
at the exterior building wall is an exterior entrance to a basement,
or a loading dock, or some other form of access to a basement area,
or a combination thereof, and if in the aggregate such basement access
and loading docks do not exceed more than 10% of the entire perimeter
of the building, such basement access or loading dock area may be
excluded in determining the lowest point of grade at the exterior
building wall. The Planning Board may, in its discretion, grant a
special approval excluding up to an additional 10% of building perimeter
dedicated to basement access or loading docks for purposes of height
calculations if it determines that in so doing (in addition to the
other criteria or considerations governing the granting of special
approvals):
[1]
The overall visual impact of the mass of the
building will not be significantly increased; and
[2]
The building will be adequately screened by
berms, landscaping, or other methods to maintain a visual impact from
all perspectives substantially consistent with the impacts that would
be the result had the building been constructed without excluding
additional perimeter footage from the height calculation; and
[3]
The proposed use of the building requires additional
basement access and/or loading dock space; and
[4]
The increased height will not adversely affect
the visual character of the general area surrounding the proposed
building.
(b)
No structure, other than a building, shall be
erected, altered, or extended to exceed 50 feet in height.
(3)
Ground coverage: Total coverage of ground by structures,
road pavement, parking lots and pedestrian area pavements shall not
exceed 45% of the site nor 45% of the aggregate of all developed sites
in the Special Land Use District. Total maximum ground coverage by
buildings alone shall not exceed 25% of the site nor 25% of the aggregate
of all developed sites of the Special Land Use District. For the purpose
of this subsection, the area contained in the Natural Area shall be
not be included in any calculation of ground coverage (i.e., the 55%
of open space shall be in addition to the lands contained in the Natural
Area).
(4)
Road setback: Road setbacks shall be as follows:
(a)
From Route 366, Game Farm Road, and any other
publicly owned road, a front setback of at least 75 feet from the
road right of way line. In addition, if a building exceeds 30 feet
in height above grade, the setback from a public road shall be increased
one foot for each one foot of height in excess of 30 feet.
(b)
From a privately owned road that provides access
to facilities within the Special Land Use District but which roads
are not conveyed to or maintained by a governmental entity, a front
setback of at least 60 feet from the center line of such road.
(5)
Noise:
(a)
No use shall operate or cause to be operated
any source of sound in such a manner as to create a sound level which
exceeds the limits set forth for the land use category stated below
when measured at the boundary of the site nearest the receiving land
use.
|
Receiving Land Use Category
|
Time
|
Sound Level Limit
|
|---|---|---|
|
Residential use
|
7:00 a.m. - 7:00 p.m.
|
65 dBa
|
|
7:00 p.m. - 7:00 a.m.
|
55 dBa
| |
|
Natural areas
|
7:00 a.m. to 7:00 p.m.
|
60 dBa
|
|
7:00 p.m. to 7:00 a.m.
|
50 dBa
| |
|
All other
|
7:00 a.m. to 7:00 p.m.
|
68 dBa
|
|
7:00 p.m. to 7:00 a.m.
|
58 dBa
|
(b)
For any source of sound which emits a pure tone,
a discrete tone or impulsive sound, the maximum sound limits set forth
above shall be reduced by five dBa.
(6)
Vibration: No activity shall cause or create a discernible
steady state or impact vibration at or beyond the boundary of the
site.
(7)
Atmospheric emissions: There shall be no emission
of dust, dirt, smoke, fly ash, or noxious gases or other noxious substances
which could cause damage to the health of persons, animals, or plant
life.
(8)
Odor: There shall be no emission of any offensive
odor discernible at the boundary of the site. This standard is not
intended to restrict customary agricultural practices.
(9)
Glare and heat: No glare or heat shall be produced
that is perceptible beyond the boundaries of the site. Exterior illumination
shall be shaded and directed to prevent glare or traffic hazard on
surrounding properties and streets.
(10)
Radioactivity and electromagnetic interference:
No activities shall be permitted which emit dangerous radioactivity.
No activities shall be permitted which produce any electromagnetic
disturbance adversely affecting the operation of any equipment outside
the boundary of the site.
(11)
Fire and explosion hazards: All activities involving,
and all storage of, inflammable and explosive materials shall be provided
with adequate safety devices against the hazard of fire and explosion
and with adequate fire-fighting and fire-suppression equipment and
devices standard in the industry and as may be required by any applicable
codes, laws, or regulations. All burning of such waste materials in
open fires is prohibited.
(12)
Vermin: There shall be no storage of material,
either indoors or out, in such a manner that it attracts or facilitates
the breeding of vermin or endangers public health or the environment
in any way.
(13)
Natural Areas Protection: No new structure shall
be built within a Natural Area (Cascadilla Creek Stream Corridor,
McGowan Woods) as shown on the Special Land Use District Map, or within
75 feet of a Natural Area, without first obtaining the special approval
of the Planning Board. In addition to the other criteria governing
granting of special approvals, the Planning Board shall not grant
special approval for such a structure unless the Board finds the proposed
structure and its proposed location:
(a)
Is related to, can be made an integral part
of, and enhances the recreational or educational use and enjoyment
of, the Natural Area (such as a trail, bench, or observation platform),
or
(b)
Is a necessary addition to a structure that
had already been constructed within the Natural Area or the seventy-five-foot
buffer at the effective date of the creation of this Special Land
Use District; or
(c)
In the case of Cascadilla Creek is:
[1]
Necessary to provide a pedestrian or bicycle
(but not motorized vehicle) connection between the Special Land Use
District and the East Hill Plaza area; or
[2]
Necessary to provide utility connections for
water, sewer, electricity, telephone or natural gas between the Special
Land Use District and the East Hill Plaza area;
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and in any event
|
(d)
Accomplishes its purpose in the least intrusive manner to the environment of the Natural Area and is compatible with the natural and undeveloped character of the lands sought to be protected as the Natural Area. This last criteria is applicable to all of the construction referred to in Subsection H(13)(a) through (c) above.
(14)
View Area protection:
(a)
No new structure shall be built within the View
Area (an area bounded on the north by Route 366, on the east by Town
of Dryden line, and on the south by the a line commencing at a point
approximately 2,100 feet southwesterly along the center line of Route
366 from its intersection with the center line of Game Farm Road (which
point is at the intersection of the center line of Route 366 and the
center line of a service road to the Boyce Thompson research facility
running southeast) and running east southeast to the northwest corner
of McGowan Woods and then easterly along the north line of McGowan
Woods to the Dryden Town line) as shown on the Special Land Use District
Map except:
[1]
Roads for serving existing facilities in or
adjacent to the View Area; and
[2]
Upon receipt of site plan approval and special
approval from the Planning Board such structures as are:
[a]
Necessary additions to the existing
Foundation Seed building; or
[b]
Small [less than 15 feet in height
(as defined in Section 1.4-c and 1.4-d of the Zoning Ordinance[2]) and, in the aggregate less than 2,000 square feet in
area (whether one or more buildings, the total square footage of all
of the buildings will not exceed 2,000 square feet)] structures and
are integral to the agricultural or recreational use of the land in
the View Area; or
[2]
Editor's Note: Numbering refers to the Zoning
Ordinance as it existed in 1995, when this section was adopted.
[c]
Lampposts of up to 25 feet in height
provided the same are located within one hundred feet of the existing
Foundation Seed building or are streetlights adjacent to a presently
existing road or road approved as part of a site plan approval of
the Planning Board;
[d]
Deer fences, as defined in § 270-5, up to eight feet in height;
[Added 3-7-2016 by L.L.
No. 2-2016[3]]
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and in any event
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[3]
Editor’s Note: This ordinance also provided for the redesignation of former Subsection H(14)(a)[2][d] as Subsection H(14)(a)[2][e].
[e]
Appropriate for accomplishing their
purpose in the least intrusive manner to the view of Mount Pleasant
and its environs and to the open space character sought to be protected
by the View Area.
(b)
Any structures constructed pursuant to site
plan and special approval shall be screened by vegetation, such as
shrubs, as may be approved by the Planning Board provided such screening
shall not exceed 20 feet in height, not interfere with the view of
Mount Pleasant and its environs from Route 366, and not interfere
with the open space character of the View Area.
(15)
Parking:
(a)
Off-street parking for vehicles and bicycles shall be provided to serve each facility constructed within this Special Land Use District which are occupied by human beings for more than four hours a day. The standards which follow are intended to provide a basis for determining a minimal amount of off-street parking for uses that are expected to occur in the Special Land Use District. In applying these standards, the Planning Board should recognize that shared parking will be common and desirable for educational uses within the Special Land Use District because peak demands will often occur at different times. In addition, the site plan procedures listed in Subsection J of this section provide alternative procedures for determining the number of required parking spaces based on the submission of a parking needs assessment and parking management plan. Unless the alternative procedures in Subsection J are applied, or unless another number of spaces are specified below or elsewhere in this section or the Zoning Ordinance, the amount of parking to be provided shall be a minimum of i) one parking space for each 1,200 square feet of enclosed space, or ii) two spaces per three occupants intended to be assigned to the facility, whichever of items i) or ii) results in the greater number of parking spaces.
(b)
In the case of the following uses a minimum
number of off-street parking spaces shall be provided in accordance
with the following schedule:
[1]
Classroom, assembly, seminar and studio buildings:
two spaces for each classroom, seminar room or studio, and one space
for each five seats in any large assembly room (containing more than
200 seats) not used exclusively for classroom teaching.
[2]
Offices: one space for each 300 square feet
of office area, excluding hallways and common areas, or, where the
number of assigned occupants is known, two spaces for each three occupants
assigned to the facility, whichever results in the greater number
of spaces.
[3]
Libraries: either: a) one space for each 300
square feet of office area and one space for each 400 feet of other
enclosed floor space; or b) one space for each three occupants assigned
to the facility plus one space for each eight seats assigned to public,
faculty, or student reading or research areas; whichever results in
the greater number of spaces.
[4]
Restaurant (where service is provided to persons
seated at tables): one space for each five seats.
[5]
Cafeterias or other food service uses (where
service is buffet or cafeteria style): one space for each three occupants
assigned to the facility plus one space for each 10 seats.
[6]
Retail store and convenience, service and business facilities listed in Subsection D(3) of this section and not otherwise enumerated in this section: one space for each 200 square feet of ground floor sales space plus one space for each 500 square feet of any other floor area in the facility.
[7]
Maintenance, storage and repair facilities;
barns and other animal handling facilities: one space for each three
occupants assigned to the facility.
[8]
Greenhouses: one space for each three occupants
assigned to the facility.
[9]
Conference centers: one space for each guest
room for overnight occupancy, plus one space for each three employees
assigned to the facility, plus additional spaces for any accessory
restaurant, retail, office, meeting room, auditorium or other use,
based upon the standards for those uses established in this section.
[10]
Research facilities or laboratories:
two spaces for each three occupants assigned to the facility.
(c)
For the purposes of the above parking standards,
the term "occupants" shall include employees, student interns, research
associates, faculty, or any other person occupying the facility. The
term "assigned to the facility" means those occupants normally occupying
the facility on a regular basis, whether full-time or part-time. However,
a student who merely attends a class on a regular basis shall not,
by reason of such attendance alone, be deemed "assigned" to the facility.
(d)
The number of parking spaces, the manner of
construction of parking spaces, and the permitted location of parking
spaces shall be as set forth in this section. Where no specific provision
is made herein, parking spaces shall be regulated as set forth in
Sections 45 and 69 of the Zoning Ordinance.[4] Where there is a conflict between the provisions of such
sections and the provisions of this section, the provisions of this
section shall control.
[4]
Editor's Note: Numbering refers to the Zoning
Ordinance as it existed in 1995, when this section was adopted.
(e)
In the event that a federally or state owned
or funded project is constructed in the Special Land Use District,
and by reason of such ownership of funding such project at the time
of its construction is not subject to the requirements of this section
and such project was constructed with fewer parking spaces than would
have otherwise been required to comply with this ordinance, the Planning
Board, in conjunction with any subsequent project that is subject
to this section, may require construction of additional parking spaces
or may require alternative traffic management plans satisfactory to
such Board to compensate for the deficit.
I.
Site plan approval. A site plan for a proposed use
must be submitted and approved by the Planning Board before a building
permit may be issued, in conformance with site plan requirements set
forth at Section 46 a et seq. of the Zoning Ordinance.[5] Unless specifically requested by the Planning Board, property
lines and adjacent public streets need not be shown on the site plan
submitted if in excess of 300 feet distant from the proposed site,
but shall be shown on a location map. Further, Subparagraph 4 of Section
46 b shall be modified as to site plan approvals previously granted
to structures in the special land use district, or to structures not
required to have had a site plan approval at the time of original
construction, to provide that no approval of the modified site plan
by the Planning Board shall be required if the modification:
(1)
Involves:
(a)
Construction of a new building or structure
with a footprint of 2,000 square feet or less; or
(c)
Construction or relocation of fewer than 20
parking spaces provided there is no net reduction in parking spaces;
or
(d)
Any maintenance or repairs not materially affecting
the appearance of the site, or construction, repairs, alterations,
or renovations materially affecting the exterior of a building or
the site where exterior work is anticipated to cost less than $100,000
(1993 price, subject to Cost of Living Index adjustment);
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and in any event
|
(2)
Does not alter proposed traffic flows and access;
and
(3)
Does not directly violate any express conditions imposed
by the Planning Board in granting any prior site plan approval.
[5]
Editor's Note: Numbering refers to the Zoning
Ordinance as it existed in 1995, when this section was adopted.
J.
Procedures related to site plans. In considering whether
or not to grant site plan approval, the Planning Board:
(1)
Shall, to the extent appropriate, utilize the considerations
set forth in Section 46 d and other provisions of the Zoning Ordinance,[6] or any successor statute, and, in addition, consider whether:
(a)
The proposed project and such designated area
meet the requirements of this Special Land Use District such as density,
ground coverage, noise, etc., set forth above [e.g., sufficient land
area should be included and designated for this site so that the proposed
building(s) on the site do not exceed 25% of the site]; and
(b)
Adequate measures, such as traffic demand management
control, exist so as to minimize or eliminate the addition of vehicular
traffic on neighborhood roads used to access the proposed project
in the Special Land Use District taking into account any cumulative
increases which may have resulted from previous development of Precinct
7 (Trip generating characteristics of proposed projects shall be evaluated
on the basis of each project's potential to generate additional vehicle
trips on the surrounding road network and may include consideration
of trip generating characteristics presented in the then current Institute
of Transportation Engineers Trip Generation Manual, other trip generation
data from sources such as the American Planning Association's Planning
Advisory Service, and the Urban Land Institute as well as local project
data as may be available from the Ithaca-Tompkins County Transportation
Council, Cornell University or other agencies, institutions or sources);
and in any event:
[6]
Editor's Note: Numbering refers to the Zoning
Ordinance as it existed in 1995, when this section was adopted.
(2)
Shall, to the extent appropriate, impose upon the
applicant such reasonable conditions as it deems necessary to protect
the general welfare of the community, to assure adequate compliance
with all applicable provisions of this section or the Zoning Ordinance,
or to minimize or eliminate any significant adverse environmental
effects (including traffic impacts referred to above) that may occur
as a result of the approval of the site plan.
(3)
May authorize the required minimum number of parking
spaces to be reduced to a number determined by the Planning Board
if the following circumstances exist:
(a)
The occupancy of the building or buildings is
such that fewer than the number of spaces required by this section
would be needed to accommodate the reasonably anticipated number of
cars that will be traveling to, and/or parking at, the buildings;
or
(b)
Adequate traffic demand management control plans
are or will be in place to assure fewer parking spaces than otherwise
required by this section will be needed at the project;
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and in either event
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(c)
The reduction in the number of parking spaces
will not adversely affect traffic flow on the project site or elsewhere,
will leave adequate parking for all of the reasonably anticipated
uses or occupancies in the project, and will not otherwise adversely
affect the general welfare of the community.
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If the owner seeks a reduction in the required
number of spaces, unless waived by the Planning Board the owner shall
submit a parking needs assessment and parking management plan for
the specific facility, demonstrating that some lesser number of parking
spaces would be appropriate for that facility, taking into consideration
the overall parking situation and plans for both the Special Land
Use District and the overall Cornell University Campus, as well as
the projected reductions in parking spaces that could be expected
to occur as a result of any transportation demand management program
in effect or planned by the owner.
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If the Planning Board permits a reduction in
the required number of parking spaces, the Planning Board may impose
such reasonable conditions as may, in the judgment of the Planning
Board, be necessary to assure that such reduction will meet the criteria
set forth above. In any event, unless expressly waived by the Planning
Board, such reduction shall be subject to the following additional
conditions:
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(d)
Any space that is made available by the reduction
in the required number of parking spaces may not be used for construction
of any structures, other than those specifically approved by the Planning
Board.
(e)
Any land made available by virtue of such reduction
be landscaped with grass or other vegetation approved by the Planning
Board, or developed with such other amenities approved by the Planning
Board as would allow relatively easy conversion to parking spaces.
(f)
If, any time within five years after construction
of the project is completed (completion of construction to be the
date a permanent certificate of occupancy or certificate of compliance
has been issued by the Town for the entire project) or at any time
after completion when an application for modification of the site
plan is submitted, the parking is found to be inadequate because:
[Amended 5-12-2014 by L.L. No. 10-2014]
[1]
The demand for parking to serve the subject
facility exceeds on more than four occasions annually the amount of
parking (temporary or permanent) provided; or
[2]
The traffic flow creates an undesirable or hazardous
condition by reason of the reduction of parking spaces; or
[3]
There is repeatedly undue congestion in the
parking areas by reason of the reduction of parking spaces;
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then the owner of the project will submit to
the Planning Board for its approval a plan that will eliminate the
noted adverse effects resulting from the reduction in the required
number of parking spaces and implement such plan within the time period
directed by the Planning Board. Such plan may include increasing the
number of parking spaces, creating or modifying any traffic demand
management control plans, increasing public transportation, or any
other corrective measures deemed appropriate by the owner. Such plan
shall be presented to the Planning Board within 30 days of the notification
to the owner of the existence of the adverse effects, and the Planning
Board shall review and approve or disapprove (or, with the consent
of the owner, modify) said plan within 60 days of its receipt. If
approved, the plan shall be implemented within the time period specified
by the Planning Board, but in any event within 90 days of its adoption.
If no plan is submitted, or if it is not approved or subsequently
implemented within the required time periods or such extended time
periods as may be agreed to by the owner and the Planning Board, the
owner shall install additional parking spaces up to the minimum number
that would have been otherwise required by the terms of this section
without granting any reduction. Unless waived by the Planning Board,
the granting of the requested reduction in parking shall be conditioned
on the applicant executing an agreement in form acceptable to the
Planning Board and acceptable for recording in the Tompkins County
Clerk's office agreeing to install the additional parking spaces as
may be required by the above conditions.
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In the event there is (whether before or after
the five-year period set forth above) any significant change in use,
or a subdivision of the project site, or a sale of a portion of the
site, with respect to which a reduction in the required number of
parking spaces has been granted, such change, subdivision, or sale
may be conditioned upon a requirement that additional parking spaces
be required up to the minimum that would have otherwise been required
but for the reduction granted pursuant to these provisions.
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(4)
May, notwithstanding the provisions of this section
and Sections 45 and 69 of the Zoning Ordinance,[7] authorize the placement of parking spaces in the front
yard of any building or in a buffer area (except for any buffer area
adjacent to a Natural Area) when the Planning Board finds that such
location will be preferable to locations outside of the front yard
or buffer area.
[7]
Editor's Note: Numbering refers to the Zoning
Ordinance as it existed in 1995, when this section was adopted.
K.
Completion or updating of Special Land Use District
Map. Without limiting the foregoing, the Planning Board may require,
as a condition of approval of any site plan, that the Special Land
Use District Map be completed and updated to show the approved site
plan, together with all other sites that are related to buildings
in the Special Land Use District in existence on the effective date
of this section.
L.
Special approval.
(1)
In granting special approval in any instance specified
above, and in addition to the criteria for site plan approval, the
Planning Board shall, to the extent appropriate, determine that:
(a)
The health, safety, morals and general welfare
of the community in harmony with the general purpose of this section
shall be promoted.
(b)
The premises are reasonably adapted to the proposed
use.
(c)
The proposed use and the location and design
of any structure shall be consistent with the character of the district
in which it is located.
(d)
Consideration has been given to minimizing adverse
impacts of the proposed use upon any Natural Area or View Area.
(e)
The proposed use shall not be detrimental to
the general amenity or neighborhood character in amounts sufficient
to devaluate neighboring property or seriously inconvenience neighboring
inhabitants.
(f)
The proposed access and egress for all structures
and uses shall be safely designed.
(g)
The general effect of the proposed use upon
the community as a whole, including such items as traffic load upon
public streets and load upon water and sewerage systems is not detrimental
to the health, safety and general welfare of the community. Without
limiting any of the foregoing, in determining whether the effect of
traffic generated by the project is so adverse as to preclude construction
of the project, the Board shall consider whether adequate measures
such as traffic demand management control, exist so as to minimize
or eliminate the addition of vehicular traffic on neighborhood roads
used to access the proposed project in the Special Land Use District.
(2)
The Planning Board may impose upon the applicant such
reasonable conditions as it deems necessary to protect the general
welfare of the community.
M.
EDUCATIONAL INSTITUTION
(1)
(2)
(3)
(4)
OWNED
SITE
(1)
(2)
Definitions. For the purposes of this Special Land
Use District, the following terms shall have the following meanings
and shall be subject to the following procedures:
An "educational institution" is a corporation, foundation,
or other generally recognized entity organized and operated principally
for the purpose of educating persons with essentially three components:
1) a curriculum; 2) a plant consisting of adequate physical facilities;
and 3) a properly qualified and accredited staff to carry out its
educational objectives. The following are included as educational
institutions:
A college or university chartered by the State
of New York.
A college or university or postgraduate institution
providing a recognized course of study and accredited by a recognized
accrediting organization.
A public school operated by a state-recognized
Board of Education.
A private school having received appropriate
approval from the Board of Regents or Department of Education of the
State of New York to operate as a school.
Property is "owned" by the person(s) or entity(ies) holding
the fee title to at least a 51% interest in the property, except that
if the property is leased under a written, bona fide, recorded lease
for a term of more than 35 years, the property shall be deemed "owned"
by the person(s) or entity(ies) holding at least a 51% interest as
tenant in such lease. If a requirement for a permitted use in this
Special Land Use District is ownership by an educational institution,
at least 51% of the interest in the property must be held by such
institution to qualify (i.e., the educational institution must "own"
the property).
A site shall be initially the area of land designated
by the applicant to be allocated to a proposed project (or, in the
case of existing structures, to the existing project or structure).
If the applicant desires: i) after having previously obtained site
plan and/or special approval to: a) decrease or reconfigure such site;
or b) add one or more structures to such site; or ii) to add one or
more structures to an area presently in existence for which no site
plan or special approval has been heretofore obtained, the applicant
may apply for a modification to the previous site plan and/or special
approval and may, at the applicant's discretion, request that the
site previously approved be reconfigured, enlarged, or reduced in
size so that the proposed modified site with any proposed additional
structures would be in compliance with the performance standards and
other requirements set forth above or elsewhere in this section. The
criteria applicable to the review of initial site plan and or special
approval applications shall be equally applicable to the application
for a modification of a site plan or site. However, in reconfiguring,
enlarging or reducing the area of a site, no piece of land shall be
designated as part of more than one site (i.e., no piece of land may
be counted for compliance purposes for two sites).
Notwithstanding the foregoing, no site shall
exceed 30 acres in size, nor shall any site include any land within
a Natural Area.
N.
Amendment of Zoning Map. The Official Zoning Map of
the Town of Ithaca is hereby amended by adding this Special Land Use
District in the area described above.
O.
Invalidity of portion of local law. In the event that
any portion of this section is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions shall not be
affected by such declaration of invalidity.
P.
Effective date. This section shall take effect 20
days after its adoption or the date it is filed in the Office of the
Secretary of State, whichever is later.
[Adopted 6-8-1998 by L.L.
No. 6-1998; amended 8-10-2015 by L.L. No. 5-2015]
A.
On June 8, 1998, by Local Law No. 6-1998, the Ithaca Town Board established Special Land Use District No. 10 (Limited Mixed Use, Sterling House/Sterling Cottage), now referred to as Planned Development Zone No. 10 (Limited Mixed Use, Brookdale Senior Living). Town of Ithaca Code § 270-6, titled "Enumeration of zones," includes Planned Development Zone No. 10 on the list of zoning districts.
B.
The definitions in § 270-5 of the Town of Ithaca Code shall apply to all of the terms in this section except as otherwise specifically stated in this section.
C.
Permitted principal uses. The following buildings or uses are permitted
as of right in Planned Development Zone No. 10:
(1)
Three multiple-family dwellings as follows:
(a)
One multiple-family dwelling consisting of no more than 46 resident
units with associated bath facilities which shall house no more than
53 beds, aggregated with central dining, kitchen, activity, administration,
and maintenance areas, and other related community service space.
(b)
A second multiple-family dwelling consisting of no more than
32 resident units with associated bath facilities which shall house
no more than 36 beds, aggregated with central dining, kitchen, activity,
administration, and maintenance areas, and other related community
service space.
(c)
A third multiple-family dwelling consisting of no more than
32 resident units with associated bath facilities which shall house
no more than 36 beds, aggregated with central dining, kitchen, activity,
administration, and maintenance areas, and other related community
service space.
(2)
Any municipal or public utility purpose necessary to the maintenance
of utility services, and any private utility purpose necessary to
the maintenance of utility services primarily serving structures within
Planned Development Zone No. 10.
D.
Permitted accessory buildings, structures and uses. The following
accessory buildings, structures or uses are permitted as of right
in Planned Development Zone No. 10:
[Amended 8-7-2017 by L.L.
No. 12-2017]
(2)
Accessory buildings such as storage sheds and gazebos, clearly ancillary
and related to the operations in Planned Development Zone No. 10 and
subject to all other provisions of this section.
(4)
Off-street garage or parking spaces for the occupants, users, visitors
and employees in connection with the uses specified above, but subject
to the other provisions of this section.
(5)
Common recreational areas including walkways, sitting areas, courtyards,
parks, community gardens, and other similar outdoor recreational facilities.
(6)
Electric
vehicle charging station.
[Added 8-12-2024 by L.L. No. 7-2024]
E.
Any use in this district shall be governed by all of the requirements,
including side yards, setbacks, building coverage, building height,
and similar requirements, applicable to the Medium Density Residential
Zone, except as the same may be specifically modified by the terms
of this section.
F.
Consistent with the requirements and restrictions imposed by the
Town of Ithaca Code, the area rezoned to Planned Development Zone
No. 10 shall be subject to the following conditions:
(1)
Subject to Subsection G below, the exterior design, specifications, and plans for all buildings and design, specifications, and plans for all other improvements to be constructed on the premises and all the development of the grounds and construction of all outside facilities, including lighting and signs, shall have been shown on a final site plan and design drawings approved by the Planning Board, and any construction thereafter shall be in accordance with said site plan and drawings as finally approved. In determining whether or not to approve the site plan, the Planning Board shall employ the same considerations it would employ in approving the site plan pursuant to Article XXIII and § 270-188 of the Town of Ithaca Code.
(2)
Permits shall be required for any construction, including construction
of signs and outdoor lighting facilities.
(3)
Any construction for which a permit is granted shall comply with
this section and all other applicable laws, codes, ordinances, rules
and regulations.
(4)
Planned Development Zone No. 10 shall not be subdivided into more
than two parcels. Any subdivision of the area so rezoned shall be
accomplished in compliance with all applicable subdivision regulations,
ordinances, rules, and statutes.
(5)
The resident units in this Planned Development Zone No. 10 shall
be occupied by adult persons requiring assisted living services or
adult persons suffering from dementia, Alzheimer's disease, or other
similar disabling conditions.
(6)
The operation of the facilities in this Planned Development Zone
shall comply with all applicable federal, state, county, and local
statutes, rules and regulations related to the operation of facilities
providing assisted living services and/or care for persons afflicted
by dementia and like conditions.
(7)
There shall be provided at least two parking spaces for every three resident units, except that the Planning Board may reduce the required number of spaces by no more than 25% in accordance with the criteria set forth in § 270-227A(2) of the Town of Ithaca Code. If the Planning Board permits such a reduction, the Planning Board may impose such reasonable conditions, including the conditions set forth in § 270-227A(3). The Planning Board may also reduce the standard size of a parking space pursuant to the provisions in § 270-227A(4).
G.
Modification of final site plan. Any change in the site plan as finally approved by the Town Planning Board shall not be made, and building permits for such changes shall not be issued, until an application for a modification of site plan is provided to and approved by the Town Planning Board pursuant to § 270-191 of the Town of Ithaca Code. Site plan modifications are not required for those items listed in § 270-191 of the Town of Ithaca Code as not requiring Planning Board approval of a site plan modification.
H.
The area encompassed by Planned Development Zone No. 10 is described
on Schedule A to this section. The Official Zoning Map of the Town
of Ithaca has been amended by adding such zone at the location described.
I.
Expiration of site plan approval. Expiration of site plan approval is regulated pursuant to Town of Ithaca Code § 270-194C.
J.
Any violations of the terms of this section shall constitute a violation
of the Town of Ithaca Zoning chapter and shall be punishable as set
forth in said chapter and in § 268 of the Town Law of the
State of New York. Each week's continued violation shall constitute
a separate offense. Notwithstanding the foregoing, the Town reserves
for itself and its agencies all remedies and rights to enforce the
provisions of this section, including, without limitation, actions
for any injunction or other equitable remedy, or action and damages,
in the event the owner of the parcels covered by this section fails
to comply with any of the provisions hereof.
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Schedule A
| |
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DESCRIPTION OF PROPERTY REZONED TO PLANNED DEVELOPMENT
ZONE NO. 10
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ALL THAT CERTAIN TRACT OR PARCEL OF LAND, situated in the Town
of Ithaca, County of Tompkins, and State of New York, more particularly
bounded and described as follows:
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BEGINNING at a point at the intersection of the southwesterly
line of Trumansburg Road New York State Route 96 with the southerly
line of Bundy Road; thence north 82 degrees 22 minutes 0 seconds west
along the southerly line of Bundy Road 238.05 feet to a point; thence
south 7 degrees 59 minutes 28 seconds west 337.41 feet to a point;
thence south 37 degrees 0 minutes 32 seconds east 247.49 feet to a
point; thence continuing in the same direction an additional distance
of 141.85 feet to a point; thence south 82 degrees 0 minutes 32 seconds
east 329.03 feet to a point; thence north 50 degrees 32 minutes 53
seconds east 315.55 feet to the southwesterly line of Trumansburg
Road, New York State Route 96; thence north 40 degrees 29 minutes
44 seconds west along the southwesterly line of Route 96 369.21 feet
to a point; thence north 34 degrees 44 minutes 6 seconds west along
the southwesterly line of Route 96 a distance of 169.41 feet to a
point or place of beginning.
| |
|
Said premises are shown as "Proposed Parcel A" and "Proposed
Parcel B" on a map entitled "Preliminary Subdivision Plat" made by
T. G. Miller, P. C. Engineers and Surveyors, dated 3/9/1998 on Sheet
SK-2, a copy of which map is on file in the Town of Ithaca Planning
Department.
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[Adopted 6-8-1998 by L.L. No. 7-1998]
|
WHEREAS, Cornell University has plans to replace
the outdated, energy-intensive, electric-powered chillers that now
provide central cooling for Cornell University through a project known
as Lake Source Cooling; and
|
|
WHEREAS, Cornell University is proposing to
pump the naturally cold Cayuga Lake water from a depth of approximately
250 feet, transferring some of its chill to campus water piped from
the campus to heat exchangers to be located in with a Chilled Water
Plant at 983 East Shore Drive in the Town of Ithaca, which Chilled
Water Plant will utilize water from Cayuga Lake to chilled water that
is piped to the campus to cool University laboratories and other buildings;
and
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|
WHEREAS, Cornell University has represented
that the Lake Source Cooling Project will provide significant environmental
benefits by reducing energy use needed for central cooling by 80%;
and
|
|
WHEREAS, the plans for Lake Source Cooling are
solely for educational purposes and to further the education mission
of the University; and
|
|
WHEREAS, in order to assess the short and long
term environmental and other effects of the Lake Source Cooling Project,
the University prepared a Draft Environmental Impact Statement, from
which the New York State Department of Environmental Conservation
in accordance with applicable law and regulation prepared and issued
a Final Environmental Impact Statement (FEIS) taking into account
the concerns and comments expressed by the public; and
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|
WHEREAS, the Town, Cornell University, and many
residents of the Town have participated in the analysis of the proposed
project and the drafting of the FEIS; and
|
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WHEREAS, the Town's Planning Board and Town
Board have issued findings relating to the proposed project and the
FEIS which, among other matters, set forth steps to mitigate, in part,
some of the potential effects of the proposed project; and
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|
WHEREAS, the Lake Source Cooling Project's Chilled
Water Plant is proposed to be constructed at 983 East Shore Drive
to house the heat exchangers, pumps, and other equipment necessary
to transfer heat from the campus chilled water system to the lake
water; and
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|
WHEREAS, it has been concluded that a rezoning
of the site of the Chilled Water Plant from Business E to a Special
Land Use District would provide the most flexibility for the University
to implement the Lake Source Cooling Project, while preserving to
the Town the ability to continue to regulate the proposed development
of the Chilled Water Plant site to assure compliance with the Town's
overall Comprehensive Plan and environmental requirements.
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NOW, THEREFORE, in view of the recitals set
forth above, the information and materials contained in the FEIS,
and related findings in furtherance of the Town's Comprehensive Plan,
and upon the request of Cornell University, the Zoning Ordinance of
the Town of Ithaca as readopted, amended and revised effective February
26, 1968, and subsequently amended, be further amended as follows:
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A.
Ordinance amended. Article II, Section 1, of the Town
of Ithaca Zoning Ordinance[1] be and hereby is amended by adding to the permissible
districts itemized in said section a district designated as "Special
Land Use District No. 11," which Special Land Use District is shown
on a map entitled "Noah's Boat Club, East Shore Drive, Town of Ithaca
and Village of Cayuga Heights, Tompkins Co., NY, dated July 25, 1965,
last revised November 6, 1997," by Allen T. Fulkerson, L.S., a copy
of which map was filed with the Town of Ithaca Planning Department
and which district consists of the lands described in Schedule "A"
attached hereto and made a part hereof.[2]
B.
Uses permitted. The uses permitted in this Special
Land Use District are set forth below, all of which uses shall be
conducted by an educational institution or an agency or third-party
affiliated with or under contract with an educational institution
for educational purposes. The permitted uses are:
(1)
One chilled water plan consisting of not more than
15,000 square feet in building footprint, containing heat exchangers,
pumps, pipes, and other equipment and fixtures, together with control
rooms, offices, reception, and other related spaces.
(2)
Upon receipt of a special approval and site plan approval
by the Planning Board:
(a)
Greenhouse, aquaculture facility, or laboratory,
together with associated office and seminar room, for or associated
with educational purposes and associated with, or a by-product of,
the process of the chilled water plant.
(b)
Maintenance, repair, servicing, utility, communications,
supply and storage facilities provided the same are owned by, or are
provided solely to service, an educational institution in connection
with a permitted use, and are not provided for the general public's
use.
C.
Accessory uses and structures. Permitted accessory
uses and structures shall include the following:
[Amended 8-7-2017 by L.L.
No. 12-2017]
(1)
Off-street parking spaces for the employees, occupants,
and users working at, and visitors to, the permitted facilities.
(2)
Accessory buildings such as storage sheds, garages,
pavilions, gazebos, bus shelters, and other similar small buildings,
provided that no single building exceeds more than 2,000 feet in size.
(3)
Antennae, ray domes, satellite dishes, and similar
technical or scientific structures.
(4)
Outdoor recreational areas including walkways, parks,
trails, picnic tables, and other similar recreational facilities.
(5)
Any municipal, public, or privately owned utility
facility, 2,000 square feet or less in size, necessary to the development
or maintenance of utility services for a principal use permitted above.
(6)
Upon receipt of special approval from the Planning
Board, any municipal, public, or privately owned utility facility,
greater than 2,000 square feet in size, necessary to the development
or maintenance of utility services for a principal use permitted above.
(8)
Electric
vehicle charging station.
[Added 8-12-2024 by L.L. No. 7-2024]
D.
Applicable requirements. Except as expressly otherwise
set forth in this section creating this Special Land Use District,
the requirements of the Zoning Ordinance governing Light Industrial
Districts shall be applicable to the Special Land Use District. If
there is a conflict between the Special Land Use District provisions
and those governing the Light Industrial District, the provisions
of this Special Land Use District shall prevail.
E.
Performance standards. Notwithstanding the foregoing,
any use permitted in this Special Land Use District shall be in conformity
with the following additional standards:
(1)
Height. The maximum height of buildings and structures
shall be as follows:
(a)
No building shall be erected, altered, or extended
to exceed 38 feet in height from the lowest interior grade nor 36
feet in height from the lowest exterior grade measured from the lowest
point of grade at the exterior building wall to the highest point
of the roof of the building, but excluding rooftop appurtenances such
as mechanical equipment, exhaust pipes, radio antenna provided such
appurtenances do not themselves exceed an additional 12 feet in height.
(b)
No structure, other than a building, shall be
erected, altered, or extended to exceed 30 feet in height.
(2)
Ground coverage. Total coverage of ground by structures,
road pavement, parking lots and pedestrian area pavements shall not
exceed 30% of the Special Land Use District. Total maximum ground
coverage by buildings alone shall not exceed 20% of the Special Land
Use District.
(3)
(4)
Noise.
(a)
No use shall operate or cause to be operated
any source of sound in such a manner as to create a sound level which
exceeds the limits set forth for the land use category stated below
when measured at the boundary of the Special Land Use District nearest
the receiving land use.
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Receiving Land Use Category
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Time
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Sound Level Limit
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|---|---|---|
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Residential Use
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7:00 a.m. — 7:00 p.m.
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65 dBa
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7:00 p.m. — 7:00 a.m.
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55 dBa
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All other
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7:00 a.m. — 7:00 p.m.
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68 dBa
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7:00 p.m. — 7:00 a.m.
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58 dBa
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(b)
For any source of sound which emits a pure tone,
a discrete tone or impulsive sound, the maximum sound limits set forth
above shall be reduced by five dBa.
(5)
Vibration. No activity shall cause or create a discernible
steady state or impact vibration at or beyond the boundary of the
Special Land Use District.
(6)
Atmospheric emissions. There shall be no emission
of dust, dirt, smoke, fly ash, or noxious gases or other noxious substances
which could cause damage to the health of persons, animals, or plant
life.
(7)
Odor. There shall be no emission of any offensive
odor discernible at the boundary of the Special Land Use District.
(8)
Glare and heat. No glare or heat shall be produced
that is perceptible beyond the boundaries of the Special Land Use
District. Exterior illumination shall be shaded and directed to prevent
glare or traffic hazard on surrounding properties and streets.
(9)
Radioactivity and electromagnetic interference. No
activities shall be permitted which emit dangerous radioactivity.
No activities shall be permitted which produce any electromagnetic
disturbance adversely affecting the operation of any equipment outside
the boundary of the Special Land Use District.
(10)
Fire and explosion hazards. All activities involving,
and all storage of, inflammable and explosive materials shall be provided
with adequate safety devices against the hazard of fire and explosion
and with adequate fire-fighting and fire-suppression equipment and
devices standard in the industry and as may be required by any applicable
codes, laws, or regulations. All burning of such waste materials in
open fires is prohibited.
(11)
Vermin. There shall be no storage of material,
either indoors or out, in such a manner that it attracts or facilitates
the breeding of vermin or endangers public health or the environment
in any way.
(12)
Parking. Off-street parking for vehicles and
bicycles shall be provided to serve the facility constructed within
this Special Land Use District. Unless the Planning Board reduces
the required number of parking spaces, for good cause shown, in the
process of reviewing a site plan for a special approval, the minimum
parking spaces will be one parking space for each 1,200 square feet
or fraction thereof of enclosed building space.
(13)
Buffer zone. No structure shall be placed nearer
than 60 feet from any residence district. A strip of at least 10 feet
wide within such buffer area shall be planted or suitable fenced so
as to screen the Special Land Use District from present or future
residences.
(14)
Additional requirement. In addition to the performance
standards set forth above, the buildings and structures in the Special
Land Use District shall comply with the other requirements of the
Light Industrial Zone including, without limitation, the provisions
relating to off-street loading, access and sidewalks, and additional
screening.
(15)
Waiver of requirements. Notwithstanding any
other provisions of these performance standards, no screening shall
be required along the portion of the east side of the Special Land
Use District that is adjacent to the New York State Route 13 right-of-way.
F.
Prohibition of subdivision. There shall be no subdivision
of the land in the Special Land Use District.
G.
Site plan approval. The exterior design, specifications,
and plans for all buildings and other improvements, including any
accessory buildings, to be constructed in the Special Land Use District,
and the development of the grounds and construction of all outside
facilities shall have been shown on a final site plan and design drawings
approved by the Planning Board before a building permit will be issued.
Any construction shall be in accordance with a final site plan and
drawings as finally approved by the Planning Board. Any modification
to a final site plan shall be approved by the Planning Board, except
that the Planning Board shall not be required to approve any de minimus
modifications described in subdivision 4 of Section 46-b of the Zoning
Ordinance.[3]
[3]
Editor's Note: Numbering refers to the Zoning
Ordinance as it existed in 1998, when this section was adopted.
H.
Procedures related to site plans. In considering whether
or not to grant site plan approval, the Planning Board:
(1)
Shall, to the extent appropriate, utilize the considerations
set forth in Section 46-d and other provisions of the Zoning Ordinance,[4] or any successor statute, and, in addition, consider whether
the proposed project meets the requirements of this Special Land Use
District and the Zoning Ordinances and the requirements of any other
statute, rule, or regulation; and
[4]
Editor's Note: Numbering refers to the Zoning
Ordinance as it existed in 1998, when this section was adopted.
(2)
Shall, to the extent appropriate, impose upon the
applicant such reasonable conditions as it deems necessary to protect
the general welfare of the community, to assure adequate compliance
with all applicable provisions of this section or the Zoning Ordinance,
or to minimize or eliminate any significant adverse environmental
effects (including traffic impacts referred to above) that may occur
as a result of the approval of the site plan.
(3)
May authorize the required minimum number of parking
spaces to be reduced to a number determined by the Planning Board
if the following circumstances exist:
(a)
The occupancy of the building or buildings is
such that fewer than the number of spaces required by this section
would be needed to accommodate the reasonably anticipated number of
cars that will be traveling to, and/or parking at, the buildings;
or
(b)
Adequate traffic demand management control plans
are or will be in place to assure fewer parking spaces than otherwise
required by this section will be needed at the project;
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and in either event
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(c)
The reduction in the number of parking spaces
will not adversely affect traffic flow on the project site or elsewhere,
will leave adequate parking for all of the reasonably anticipated
uses or occupancies in the project, and will not otherwise adversely
affect the general welfare of the community.
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If the Planning Board permits a reduction in
the required number of parking spaces, the Planning Board may impose
such reasonable conditions as may, in the judgment of the Planning
Board, be necessary to assure that such reduction will meet the criteria
set forth above. In any event, unless expressly waived by the Planning
Board, such reduction shall be subject to the same conditions that
would be imposed in the event of a reduction in parking spaces in
a business zone pursuant to Section 38 of the Zoning Ordinance,[5] or any successor similar provision.
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[5]
Editor's Note: Numbering refers to the Zoning
Ordinance as it existed in 1998, when this section was adopted.
(4)
May, notwithstanding the provisions of this section
and Sections 45 and 69 of the Zoning Ordinance[6] (or any successor similar provisions), authorize the placement
of parking spaces in the front yard of any building or in a buffer
area (except for any buffer area adjacent to a residence district)
when the Planning Board finds that such location will be preferable
to locations outside of the front yard or buffer area.
[6]
Editor's Note: Numbering refers to the Zoning
Ordinance as it existed in 1998, when this section was adopted.
I.
Special approval.
(1)
In granting special approval in any instance specified
above, and in addition to the criteria for site plan approval, the
Planning Board shall, to the extent appropriate, determine that:
(a)
The health, safety, morals and general welfare
of the community in harmony with the general purpose of this section
shall be promoted.
(b)
The premises are reasonably adapted to the proposed
use.
(c)
The proposed use and the location and design
of any structure shall be consistent with the character of the district
in which it is located.
(d)
Consideration has been given to minimizing adverse
impacts of the proposed use upon any adjoining residential area or
Cayuga Lake Shore frontage.
(e)
The proposed use shall not be detrimental to
the general amenity or neighborhood character in amounts sufficient
to devaluate neighboring property or seriously inconvenience neighboring
inhabitants.
(f)
The proposed access and egress for all structures
and uses shall be safely designed.
(g)
The general effect of the proposed use upon
the community as a whole, including such items as traffic load upon
public streets and load upon water and sewerage systems is not detrimental
to the health, safety and general welfare of the community.
(2)
The Planning Board may impose upon the applicant such
reasonable conditions as it deems necessary to protect the general
welfare of the community.
J.
EDUCATIONAL INSTITUTION
(1)
(2)
(3)
(4)
OWNED
Definitions. For the purposes of this Special Land
Use District, the following terms shall have the following meanings:
An "educational institution" is a corporation, foundation,
or other generally recognized entity organized and operated principally
for the purpose of educating persons with essentially three components:
1) a curriculum; 2) a plant consisting of adequate physical facilities;
and 3) a properly qualified and accredited staff to carry out its
educational objectives. The following are included as educational
institutions:
A college or university chartered by the State
of New York.
A college or university or postgraduate institution
providing a recognized course of study and accredited by a recognized
accrediting organization.
A public school operated by a state-recognized
Board of Education.
A private school having received appropriate
approval from the Board of Regents or Department of Education of the
State of New York to operate as a school.
Property is "owned" by the person(s) or entity(ies) holding
the fee title to at least a 51% interest in the property, except that
if the property is leased under a written, bona fide, recorded lease
for a term of more than 35 years, the property shall be deemed "owned"
by the person(s) or entity(ies) holding at least a 51% interest as
tenant in such lease. Property is also "owned" by an entity which
holds 100% of the issued and outstanding shares of a corporation which
is the fee title holder to at least a 51% interest in the property.
K.
Amendment of Zoning Map. The Official Zoning Map of
the Town of Ithaca is hereby amended by adding this Special Land Use
District in the area described above.
L.
Invalidity of portion of local law. In the event that
any portion of this section is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions shall not be
affected by such declaration of invalidity.
M.
Effective date. This section shall take effect 20
days after its adoption or the date it is filed in the Office of the
Secretary of State, whichever is later.
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Schedule A
Description of SLUD for Cornell University
Chilled Water Plant, Town of Ithaca
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ALL THAT TRACT OR PARCEL OF LAND, situate in
the Town of Ithaca, County of Tompkins and State of New York, more
particularly bounded and described as follows:
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BEGINNING at a point in the easterly highway
line of East Shore Drive (see Highway Appropriation C.H. No. 1330
Map, No. 1.3), at a point located North 25 degrees 57 minutes 42 seconds
West, a distance of 357.47 feet from a pin with cap set at the northwesterly
corner of premises now or formerly of Lowery (Liber 512 at page 771);
and
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RUNNING THENCE along said easterly highway line
North 25 degrees 57 minutes 42 seconds West, a distance of 270.00
feet to a concrete highway monument; and
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RUNNING THENCE North 01 degrees 52 minutes 26
seconds East, a distance of 51.00 feet to a concrete highway monument;
and
|
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RUNNING THENCE North 43 degrees 22 minutes 38
seconds West, a distance of 78.50 feet to a pin with cap set in the
easterly line of said highway at the northern extreme of a triangular
Highway Appropriation (see C.H. No. 1330 Map, No. 1.2) bounded by
this and the previous course; and
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RUNNING THENCE North 26 degrees 02 minutes 59
seconds West, a distance of 152.44 feet to a point in the easterly
line of said highway; and
|
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RUNNING THENCE North 85 degrees 49 minutes 58
seconds East, a distance of 345.95 feet to a point in the easterly
line of the Town of Ithaca and westerly line of the Village of Cayuga
Heights; and
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RUNNING THENCE South 23 degrees 04 minutes 18
seconds East, a distance of 264.78 feet along the said corporation
line of the Village of Cayuga Heights and the line of the Town of
Ithaca, to a point; and
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RUNNING THENCE South 32 degrees 45 minutes 11
seconds West, a distance of 112.96 feet to a point with a monument
found 6.6 feet southwesterly thereof; and
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RUNNING THENCE South 11 degrees 03 minutes 04
seconds East, a distance of 104.00 feet to a point with a monument
found 1.0 feet southerly thereof; and
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RUNNING THENCE South 73 degrees 14 minutes 16
seconds West, a distance of 97.86 feet to a point; and
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RUNNING THENCE South 60 degrees 05 minutes 46
seconds West, a distance of 88.27 feet, to the point or place of beginning.
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Containing 3.12 acres, be the same more or less.
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Being a portion of the lands of Noah's Boat
Club, Inc., described in a deed to it recorded in Book 555 of Deeds
at page 126.
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[Adopted 9-12-2005 by L.L. No. 8-2005]
A.
Findings.
[Amended 12-9-2015 by L.L. No. 6-2015]
(1)
The
South Hill Business Campus began as a manufacturing facility for the
National Cash Register Company. The plant opened in 1957 and expanded
in size over the decades to its current footprint of approximately
+/-120,000 square feet, with approximately +/-225,000 square feet
of leasable space.
(2)
Subsequent
changes in ownership and eventual termination of the manufacturing
component led to creation of the South Hill Business Campus, a multi-use,
multitenant facility, accommodating a diversity of business activity.
The repurposing of the former manufacturing plant provides important
benefits to the community through the sustainable reuse of the existing
facility, the variety of employment opportunities, and contributions
to the tax base.
(3)
The
rezoning of the property from Industrial to a Planned Development
Zone in 2005 has provided the facility with a flexible framework for
accommodating a wide range of business interests and activities, and
has assisted in fostering the transformation of the former factory
into an innovative mixed use facility.
(4)
The
Planning Board approved the initial site plan for Planned Development
Zone No. 12 on July 19, 2005 and has subsequently modified the site
plan from time to time to address additional improvements requested
by the developer.
B.
Only the following uses are permitted of right in
Planned Development Zone No. 12:
(1)
Bank or other financial institution with or without
a drive-through facility.
[Amended 12-9-2015 by L.L. No. 6-2015]
(2)
Business, administrative or professional offices and
facilities.
[Amended 12-9-2015 by L.L. No. 6-2015]
(3)
Medical, dental, and health and wellness practices
not involving any overnight occupancy.
[Amended 12-9-2015 by L.L. No. 6-2015]
(4)
[2]Municipal or other governmental offices.
[2]
Editor’s Note: Former Subsection B(4), regarding municipal
or other governmental offices, was repealed 12-9-2015 by L.L. No.
6-2015. This local law also provided for the redesignation of former
Subsection B(5), (6), (7), (8), (9), (10), (11), (12) and (13) as
Subsection B(4), (5), (6), (7), (8), (9), (10), (11) and (12), respectively.
(5)
Industrial uses employing electric power or other
motor power, or utilizing hand labor, for fabrication or assembly.
(6)
Indoor warehousing and indoor storage including self-service
storage facilities and data storage.
[Amended 12-9-2015 by L.L. No. 6-2015]
(7)
Printing, publishing and bookbinding.
(8)
Research and development facilities utilizing office
spaces, indoor scientific laboratories, and other similar indoor spaces.
(9)
Conference facilities and indoor and outdoor events
subject to applicable Town permits and laws.
[Amended 12-9-2015 by L.L. No. 6-2015]
(10)
Catering.
[Amended 7-12-2021 by L.L. No. 10-2021]
(11)
Packaging/mailing service.
(12)
Arts, crafts and design gallery or studio.
[Amended 12-9-2015 by L.L. No. 6-2015]
(13)
Performing arts and theatre studio.
[Added 12-9-2015 by L.L.
No. 6-2015]
(14)
Design labs and showrooms for testing and evaluating building
and design interiors.
[Added 12-9-2015 by L.L.
No. 6-2015[3]]
[3]
Editor’s Note: This local law also provided for the
redesignation of former Subsection B(14), (15), (16), (17) and (18)
as Subsection B(15), (16), (17), (18) and (19), respectively.
(15)
Educational uses, provided the nature of the use is otherwise
authorized in this Planned Development Zone (e.g., an office and classroom
used for educational purposes would be permitted, a dormitory used
for educational purposes would not be permitted).
[Amended 12-9-2015 by L.L. No. 6-2015]
(16)
Any lawful manufacturing activity, except for
the uses expressly enumerated below:
(a)
Any of the following factories or works: arsenal,
blast furnace, boiler works, iron, steel, brass or copper foundry,
metal ore, smelting, planing mill, rolling mill and stockyards or
slaughterhouse.
(b)
The manufacturing or storage of explosives and
gas, oil and other flammables or petroleum products.
(17)
Cafeteria providing dining services primarily
for occupants of the building(s) in Planned Development Zone No. 12.
(18)
Indoor sports or fitness center that provides
completely indoor (1) exercise or gymnasium facilities; and/or (2)
courts, fields, rinks, or ranges for recreational sports or physical
training. Ancillary uses such as equipment storage areas, bathrooms,
locker rooms, and showers are permitted. This does not include rifle/pistol
ranges, paintball fields, or facilities for activities using firearms.
[Amended 12-9-2015 by L.L. No. 6-2015; 7-12-2021 by L.L. No. 10-2021]
(19)
Radio, television, recording, film, and broadcast
studio.
[Amended 12-9-2015 by L.L. No. 6-2015]
(20)
The following facilities co-located on the existing structure,
provided that they do not extend more than five feet above the highest
roof line of the building on which the facility is located, including
television, commercial radio, and telecommunications, or other electronic
transmission facilities operated pursuant to a license from the Federal
Communications Commission or any successor federal or state agency.
[Added 12-9-2015 by L.L.
No. 6-2015]
(21)
Automobile parking utilizing existing parking areas for on-site
and off-site entities' parking needs.
[Added 12-9-2015 by L.L.
No. 6-2015]
(22)
Places of worship.
[Added 12-9-2015 by L.L.
No. 6-2015]
(23)
Retail use with a gross floor area up to 1,000 square feet.
[Added 7-12-2021 by L.L.
No. 10-2021]
(24)
Personal services for barber shop, hair/beauty salon, nail salon,
and tattoo artist.
[Added 7-12-2021 by L.L.
No. 10-2021]
(25)
Restaurant without a drive-through facility, with a gross floor
area up to 1,500 square feet.
[Added 7-12-2021 by L.L.
No. 10-2021]
C.
The following uses are permitted in Planned Development Zone No. 12 but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in Chapter 270 of the Code of the Town of Ithaca (Chapter 270):
(1)
Restaurant without a drive-through facility, with
a gross floor area over 1,500 square feet.
[Amended 7-12-2021 by L.L. No. 10-2021]
(2)
Clubhouse, lodge, community center.
(3)
Hospital, medical or dental clinic that involves overnight
occupancy.
(4)
Dwelling units.
[Added 12-9-2015 by L.L.
No. 6-2015]
D.
The following uses are specifically prohibited in
Planned Development Zone No. 12:
(1)
[4]Sales of any products at retail to the general public except
as follows
[Amended 12-9-2015 by L.L. No. 6-2015; 7-12-2021 by L.L. No. 10-2021]
[4]
Editor’s Note: Former Subsection D(1), pertaining to
dwelling units, was repealed 12-9-2015 by L.L. No. 6-2015. This local
law also provided for the redesignation of former Subsection B(2),
(3), (4) and (5) as Subsection B(1), (2), (3) and (4), respectively.
(2)
Retail sales where the gross floor area requirement of Subsection
C(23) above is met;
(3)
Retail sales related to and an incidental by-product of a permitted
principal use, such as manufacturing;
(4)
Retail sales that are authorized specifically by this section, such
as restaurant sales or sales related to an arts and crafts gallery
or studio.
E.
The following accessory uses and structures are permitted
in Planned Development Zone No. 12:
[Amended 12-9-2015 by L.L. No. 6-2015; 8-7-2017 by L.L. No. 12-2017]
(1)
Automobile parking and off-street loading areas, subject to the further requirements of Chapter 270.
(2)
Accessory storage buildings, but not to include outside
storage.
(4)
The dwelling of a guard, caretaker or custodian but
not more than one dwelling unit per building.
(5)
Guardhouse.
(6)
Common recreational areas, including, but not limited
to, playfields, ball lonfields, tennis and volleyball courts, swimming
pools, walkways, parks, community gardens, and other similar outdoor
recreational facilities.
(7)
Incidental retail sales of candy, ice cream, baked
goods, flowers, and other small items intended primarily for occupants
and tenants of the premises.
(8)
Greenhouses.
(9)
Electric
vehicle charging station.
[Added 8-12-2024 by L.L. No. 7-2024]
F.
The following accessory uses are permitted in Planned Development Zone No. 12 but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in Chapter 270:
(1)
Child day-care centers.
(2)
Any municipal or public utility structures necessary
to the provision of utility services for the permitted facilities.
(3)
Fences up to eight feet in height if approved by the
Planning Board as appropriate and necessary for any use otherwise
permitted by this section.
G.
Any use and construction in Planned Development Zone
No. 12 shall be governed by all of the requirements, including placement
of structures, minimum area, height limitations, yard regulations,
building area, minimum usable open space, lot sizes and areas, off-street
loading, access and sidewalks, buffer areas and screening, displays,
performance standards, and similar requirements, of an Industrial
Zone, as those requirements may be modified from time to time, except
as the same may be specifically modified by the terms of this section.
[Amended 12-9-2015 by L.L. No. 6-2015]
H.
Compliance with site plan required.
(1)
Except as set forth in Subsection I below, no building permit shall be issued for a building or structure within Planned Development Zone No. 12 nor shall any existing building, structure, occupancy or use in such Zone be changed unless the proposed building, structure, occupancy and/or use is in accordance with a site plan approved by the Planning Board or with a modified site plan approved pursuant to the provisions of Article XXIII and other applicable provisions of Chapter 270.
(2)
In addition to the actions listed in § 270-191 that require Planning Board approval of modified site plans, any change in occupancy or use of the premises that involves the on-site transport, use, storage or disposal of hazardous substances shall require prior Planning Board approval of a modified site plan pursuant to the provisions of Article XXIII.
I.
Notwithstanding the immediately preceding subsection,
no site plan approval shall be required for any change in occupancy
that does not include a change in use, nor for any modification of
use from a use permitted as of right to another use permitted as of
right in Planned Development Zone No. 12, provided:
(1)
No new building, no construction on the exterior of
any existing buildings, and no change in any of the facilities outside
existing buildings (e.g., lighting, grading, parking, or other exterior
physical feature) are required to effect such change in occupancy
or use; and
(2)
All construction related to such change is in the
interior of existing buildings; and
(3)
Any construction required in connection with such
change complies in all respects with all applicable building codes
and environmental regulations; and
(5)
The proposed change in occupancy or use does not involve
the on-site transport, use, storage or disposal of hazardous substances.
J.
All of the area rezoned pursuant to this section shall
be owned by the same party and there shall be no subdivision of the
area contained in Planned Development Zone No. 12.
K.
The area encompassed and rezoned in accordance with
this section to Planned Development Zone No. 12 is described on Schedule
A to this section. The official Zoning Map of the Town of Ithaca is
hereby amended by adding such zone at the location described.
L.
Any violations of the terms of this section shall constitute a violation of Chapter 270 of the Code of the Town of Ithaca and shall be punishable as set forth in said Code and in § 268 of the Town Law of the State of New York. Each week's continued violation shall constitute a separate offense. Notwithstanding the foregoing, the Town reserves for itself, its agencies and all other persons having an interest, all remedies and rights to enforce the provisions of this section, including, without limitation, actions for any injunction or other equitable remedy, or action and damages, in the event the owner of the parcel covered by this section fails to comply with any of the provisions hereof."
|
Schedule A
|
|
Description of Property To Be Rezoned
to Planned Development Zone No. 12
|
|
ALL THAT TRACT OR PARCEL LAND situate in the
Town of Ithaca, Tompkins County, New York, being more particularly
described as follows:
|
|
COMMENCING at a point in the westerly highway
line of Danby Road (N.Y.S. Route 96B) which point is in the southeasterly
corner of premises reputedly owned by I.C.S. Development Partners,
Inc. (734 Deeds 37) and which point is approximately 200 feet northerly
from a north line of the driveway serving what is now known as the
South Hill Business Campus at 950 Danby Road; running thence along
the westerly line of Danby Road South 20° 51' 37" West a distance
of 168.81 feet; thence South 68° 32' 1" East along a highway line
of Danby Road a distance of 13 feet to a point; thence South 21°
37' 55" West along the westerly line of Danby Road a distance of 953.16
feet to a point; thence South 22° 42' 32" West along the westerly
line of Danby Road a distance of 463.00 feet to a point; thence approximately
North 66° West a distance of approximately 330 feet to a point
immediately East of an asphalt parking area; thence approximately
north 84° West a distance of approximately 1030 feet to an iron
pipe; thence North 6° 49' 21" East a distance of 832.60 feet to
an iron pipe in a southerly line of premises reputedly of Bracewell
(554 Deeds 964); thence South 85° 46' 36" East 422.75 feet to
a pin set at the intersection of two stone walls; thence North 7°
11' 20" East a distance of 625.43 feet to an iron pipe found at a
southwesterly corner of premises reputedly of Emersub IV, Inc. (592
Deed 1080); thence South 83° 51' 55" East along the Emersub IV,
Inc. property line a distance of 968.14 feet to a pipe in a southwest
corner of premises reputedly of I.C.S. Development Partners, Inc.
(734 Deeds 37); thence South 83° 03' 41" East a distance of 414.30
feet to the point or place of beginning.
|
|
The above described premises are more fully
shown on a map entitled: "South Hill Business Campus, 950 Danby Road,
Survey Map", a copy of which is on file in the Town of Ithaca Planning
Office.
|
[1]
Editor’s Note: The title of this section was changed
12-9-2015 by L.L. No. 6-2015.
[Adopted 1-4-2011 by L.L. No. 1-2011]
A.
Findings.
(1)
The Town of Ithaca's Comprehensive Plan encourages the development
of community-oriented, environmentally-sound housing communities;
encourages focusing development in areas where adequate public infrastructure
and facilities exist; encourages reducing automobile use while emphasizing
walking, bicycling and use of public transit; encourages development
design that minimizes the use of energy; encourages focusing development
to avoid sprawl with densities that facilitate access to existing
shops; and
(2)
Agora Homes and Development, LLC and its assigns and/or successors
("developer") proposes to develop and sell single-family detached
homes and attached townhouses in an infill development at a density
greater than that allowed as of right with the current zoning of High
Density Residential Zone; and
(3)
The developer will pursue Leadership in Energy and Environmental
Design (LEED) certification for neighborhood development and/or for
homes by developing sustainable homes within a walkable, traditional
neighborhood development; and
(4)
The proposed project will:
(a)
Create more environmentally sustainable housing in the Town
that is within walking distance to the City of Ithaca center, to Cornell
University, to services at East Hill Plaza, and to an elementary school;
and
(b)
As an infill development, conserve the Town's land resources
while concentrating development in an area of the Town already served
by water and sewer infrastructure as well as transit service; and
(c)
Provide for appropriate housing density between the Belle Sherman
neighborhood at the City of Ithaca border and the Maplewood Apartments
in the Town; and
(d)
Redevelop an incompatible industrial property and replace its
long-standing, nonconforming use with a housing development that extends
the street network and residential character of the adjacent Belle
Sherman neighborhood: and
(e)
Improve public access to the East Ithaca Recreation Way; and
(f)
Contribute to the variety of housing styles and patterns of
development available in the Town; and
(g)
Provide for a wide economic cross-section of resident owners
within the Belle Sherman Cottages community by including attached
townhouses that will, by virtue of their smaller size, be more affordable
at market-rate prices.
(5)
On January 4, 2011, the Planning Board recommended the adoption of
this section, issued a preliminary subdivision approval, and approved
a preliminary site plan for Planned Development Zone No. 13, as shown
on documents with a cover sheet titled "Agora Homes and Development,
LLC, Belle Sherman Cottages, 808 Mitchell Street Ithaca, NY," and
dated December 3, 2010, said drawings prepared by T.G. Miller, P.C.,
O'Brien and Gere, Allison Ramsey Architects, Inc. and Trowbridge and
Wolf, LLP. Copies of the preliminary subdivision approval and preliminary
site plan approval were submitted to the Town Board at the time of
the creation of this Planned Development Zone and are on file at the
Town of Ithaca Planning Department.
B.
Purpose. It is the purpose and intent of this § 271-14 to allow, by creation of a Planned Development Zone, an opportunity for the implementation of the foregoing goals and objectives in a sustainable, environmentally friendly, and ecologically sound manner.
C.
Definitions. The definitions in § 270-5 of the Town of Ithaca Code shall apply to all of the terms in this section except as otherwise specifically stated in this section.
D.
Permitted principal uses. Only the following buildings or uses are
permitted as of right in Planned Development Zone No. 13:
(1)
No more than 19 one-family detached dwelling units on individual
lots not less than 3,400 square feet and averaging not less than 4,000
square feet in aggregate; and no more than 10 attached townhouses
on lots not less than 575 square feet. Occupancy of the dwellings
shall be limited as follows: A dwelling may be occupied by not more
than:
(2)
Any municipal, public or private utility purpose necessary to the
maintenance of utility services except that substations and similar
structures shall be subject to the same setback requirements, if any,
as apply to residences.
(3)
Park or playground, including accessory buildings and improvements.
E.
Permitted accessory buildings, structures and uses. The following
accessory buildings, structures or uses are permitted as of right
in Planned Development Zone No. 13:
[Amended 8-7-2017 by L.L.
No. 12-2017]
(1)
Solar collectors (roof-mounted only), subject to the provisions of § 270-219.1 of the Town of Ithaca Code.
(2)
Home occupations, subject to the limitations on home occupations set forth in § 270-219.2 of the Town of Ithaca Code.
(4)
Off-street garage or parking space for the occupants, users and employees
in connection with the uses specified above, but subject to the other
provisions of this section.
(5)
A temporary building for commerce or industry, where such building
is necessary or incidental to the development of the buildings within
Planned Development Zone No. 13 including, but not limited to, a construction
office and/or sales office. Any such building may be continued through
project completion.
(6)
Accessory buildings such as dog houses, storage sheds, or other small
structures such as play structures, clearly ancillary and related
to dwelling uses in Planned Development Zone No. 13 and subject to
all other provisions of this section.
(7)
Private swimming pool and other similar recreational facilities for
the principal private use of the occupants of the dwelling.
(8)
Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3 of the Town of Ithaca Code.
(9)
Electric
vehicle charging station.
[Added 8-12-2024 by L.L. No. 7-2024]
F.
Manner of land and infrastructure ownership. The property and infrastructure
in Planned Development Zone No. 13 may be owned as follows:
(1)
Each dwelling unit and its lot and utility service lines may be owned
individually or by more than one person or entity;
(2)
Common land, roadways, sidewalks, stormwater facilities and all other
commonly-owned infrastructure may be owned by a corporation controlled
by the residents of Planned Development Zone No. 13 to be known as
the Belle Sherman Cottages homeowners' association, Inc., hereinafter
BSCHA, provided the Town Board finds the corporation will be adequately
organized and capitalized to properly construct, maintain, operate
and reconstruct such assets;
(3)
The following infrastructure will be conveyed to and owned by the
Town of Ithaca: water and sewer mains; and
(4)
The following infrastructure will be owned by utility companies:
electric, gas, cable television, telephone and communication lines.
G.
Height limitations. In Planned Development Zone No. 13, no building
shall be erected, altered, or extended to exceed 40 feet in height
from the average exterior grade along the front wall of the building.
No structure other than a building shall be erected, altered, or extended
to exceed 30 feet in height. Accessory buildings shall in no case
exceed 18 feet in height.
I.
Lot coverage. No one-family detached structure or structures, including
accessory buildings or structures, shall be erected, constructed,
altered or extended to cover, in the aggregate, more than 50% of the
land area within any lot. An attached townhouse may cover up to 100%
of the land area within any lot.
J.
Parking. Off-street parking shall be provided in the form of garages,
or paved parking spaces surfaced in such manner as may be approved
by the Town Planning Board, at the rate of at least one parking space
for each dwelling unit.
K.
Size limitation. The square footage for any detached one-family dwelling
unit shall not be less than 1,500 square feet. The square footage
of the attached townhouses shall not be less than 1,100 square feet.
L.
Townhouse units. The minimum number of the attached townhouse units
is 10.
M.
Park and open space. The land area devoted to private parkland, open
space and East Ithaca Recreation Way access will be shown on the original
final site plan approved by the Planning Board. These areas will be
owned and maintained by the BSCHA, which will provide for public access
to the sidewalks, parkland and connection points to the East Ithaca
Recreation Way.
N.
Ownership and maintenance of roadways, sidewalks, infrastructure
and stormwater management facilities.
(1)
All water and sewer mains in Planned Development Zone No. 13 to be
dedicated to the Town of Ithaca will be constructed by the developer
or other owner of the land in Planned Development Zone No. 13, at
such party's expense, and in accordance with all applicable specifications
and requirements (including Town of Ithaca and Tompkins County specifications)
to the satisfaction of the Town of Ithaca Town Engineer and Tompkins
County Health Department, will be offered for dedication to the Town
upon completion, and when accepted by and conveyed to the Town, will
be owned and maintained by the Town. Nothing in this section is intended
to compel the Town to accept such dedications.
O.
Building permits, site plan approval and subdivision approval.
(1)
In accordance with the provisions of Chapter 270, Zoning, of the Town of Ithaca Code, a final site plan shall be submitted to and approved by the Town of Ithaca Planning Board before issuance of any building permits. Any significant revisions to the Preliminary Site Plan, a copy of which will be on file at the Town of Ithaca Planning Department, submitted to the Town Board at the time of the creation of this Planned Development Zone, shall be submitted to and be approved by the Town Board before issuance of any building permits.
(2)
Notwithstanding the foregoing, the Planning Board is authorized to
permit modifications of the Preliminary Site Plan in granting final
site plan approval provided that:
(a)
As modified, such site plan is in general conformity with the
purposes and objectives of this section creating this Planned Development
Zone; and
(b)
The modifications are in accordance with the provisions of this section, and with the provisions of Chapter 270, Zoning, and Chapter 234, Subdivision of Land, of the Town of Ithaca Code (except to the extent the preliminary subdivision approval and preliminary site plan approval, dated January 4, 2011, do not comply with these two chapters); and
(c)
The modifications do not eliminate or significantly change the
East Ithaca Recreation Way access as provided for on the preliminary
site plan.
(3)
Building permits shall be required for any construction except as otherwise provided by Chapter 125, Building Construction and Fire Prevention, § 125-4, of the Town of Ithaca Code. In addition to the building permit requirements specified elsewhere in this§ 271-14, such permits shall not be issued unless and until the exterior design, specifications, and plans for the buildings and all other improvements to be constructed in Planned Development Zone No. 13 and construction of all outside facilities including lighting and signs shall have been shown on the final site plan approved by the Planning Board, and any construction hereafter shall be in accordance with said site plan as finally approved. Notwithstanding the foregoing, building permits may be issued for roof-mounted solar collectors [see Subsection E(1)] not shown on the final site plan, and for items not shown on the final site plan if they are listed in Chapter 270, Zoning, § 270-191, of the Town of Ithaca Code as not requiring Planning Board approval of a site plan modification. In determining whether to approve the site plan, the Planning Board shall employ the same considerations it would employ in approving a site plan pursuant to Chapter 270, Zoning, Article XXIII of the Town of Ithaca Code.
(4)
An application for subdivision approval consistent with the terms
of this section shall be submitted to and be approved by the Planning
Board before issuance of any building permits.
P.
Infrastructure completion before building permit or certificate of
occupancy issuance.
(1)
No building permits shall be issued for construction of any structures
accessed by a private road within Planned Development Zone No. 13
unless the following exist at the time of the issuance of such permit:
(a)
The private roads have been constructed and are maintained so as to provide, in the opinions of both the Town Engineer and Town Highway Superintendent, a usable, serviceable roadway for unimpeded ingress and egress of residential, emergency and service vehicles. The final paving of said roads will not be a requirement of this Subsection P(1)(a).
(b)
Suitable provisions, as determined by the Town Engineer and
Town Highway Superintendent, exist to assure continuing access and
continuing maintenance of said private roads to a standard that will
allow unimpeded passage of emergency vehicles at all times and in
all seasons.
(c)
Signs are posted at the intersections of the private roads with
public roads indicating that the private roads are not Town roads.
(d)
All stormwater management facilities that serve the overall development or the section of the development within which a permit is being requested are constructed pursuant to the approved stormwater management plan, except any facility that is an integral part of a building lot (including, but not limited to, swales or other facilities to be built within building lots) will be constructed after issuance of a building permit for said building and must be functional prior to issuance of a certificate of occupancy for the building. Notwithstanding the foregoing, installation of the sand filter for the stormwater management system will not take place until project completion and is, therefore, not a requirement of this Subsection P(1)(d).
(e)
Sewer easements for the benefit of the Town for public sewer
mains running from a presently existing public sewer to the locations
of the proposed collection points within the proposed private road
rights-of-way for all of the buildings shown on the final approved
site plan are obtained in a form acceptable to the Town of Ithaca
from the owner(s) of the lands over which said public sewer mains
must run, and the same are recorded in the Tompkins County Clerk's
Office.
(f)
Water easements for the benefit of the Town for public water
mains running from a presently existing public water main to the locations
of the proposed distribution points within the proposed private road
rights-of-way as shown on the final approved site plan are obtained
in a form acceptable to the Town of Ithaca from the owner(s) of the
lands over which said public water mains must run, and the same are
recorded in the Tompkins County Clerk's Office.
(2)
No certificates of occupancy shall be issued for structures unless
and until:
(a)
Water meters are installed by the developer at the developer's
expense at the distribution points where the Belle Sherman Cottages
private lines will intersect the public water mains, for purposes
of metering consumption within Planned Development Zone No. 13 in
accordance with the water supply requirements of the Town of Ithaca,
Southern Cayuga Lake Intermunicipal Water Commission, and any other
relevant municipal agency.
(b)
The private roads that serve the property in Planned Development
Zone No. 13 have been completed, and their construction is in accordance
with the road design shown in the approved preliminary and final site
plans. Notwithstanding the foregoing, final paving does not have to
be completed prior to the issuance of certificates of occupancy for
the first 24 dwelling units, but final paving must be completed prior
to the issuance of a certificate of occupancy for the 25th dwelling
unit.
(c)
All future public water and sewer mains that are to be dedicated
to the Town and that will serve the private collection or distribution
points are constructed by the developer or other owner of land in
Planned Development Zone No. 13, at such party's expense, in accordance
with all applicable specifications and requirements (including Town
of Ithaca and Tompkins County specifications) to the satisfaction
of the Tompkins County Health Department and the Town of Ithaca Town
Engineer, and such water and sewer mains are transferred and dedicated
to the Town of Ithaca.
(d)
All private water and sewer mains serving the lot for which
a certificate of occupancy is requested have been built by the developer
at the developer's expense in accordance with the requirements of
all applicable governing authorities and laws, including the requirements
of the Tompkins County Health Department, and applicable plumbing
and building codes.
Q.
Maintenance of stormwater facilities. The BSCHA shall own and properly
maintain the sand filter, stormwater lines and inlets that serve Planned
Development Zone No. 13. Maintenance of these stormwater management
facilities shall be pursuant to a separate agreement between the Town
and the BSCHA.
R.
Construction requirements. All construction for which a permit is
required or granted shall comply with all applicable laws, codes,
ordinances, rules and regulations.
S.
Modification of final site plan. Any change in the site plan as finally approved by the Town Planning Board shall not be made until an application for a modification of site plan is provided to and approved by the Town Planning Board pursuant to § 270-191 of the Town of Ithaca Code. Site plan modifications are not required for those items listed in Chapter 270, Zoning, § 270-191, of the Town of Ithaca Code as not requiring Planning Board approval of a site plan modification.
T.
Reversion.
(1)
Unless work has materially commenced in accordance with a final site
plan within two years from the issuance of the building permit authorizing
such work, or within 48 months of the date the Planning Board gave
final site plan approval, or within six years of the effective date
of this section, whichever is earlier, any building permit shall lapse,
the site plan approval (both final and preliminary, if any) shall
expire, and the zoning change effected by this section shall terminate
and the zoning shall revert to that in effect prior to the adoption
of this section, unless in the interim there has been a general rezoning
of the area surrounding the area being rezoned by this section, in
which event the zoning shall revert to the same zoning as then in
effect along a majority of the perimeter of the land being rezoned
as Planned Development Zone No. 13 by this section. The Planning Board,
upon request of the applicant, after a public hearing, and upon a
finding that the imposition of the time limits set forth above would
create an undue hardship on the applicant, may extend the time limits
for such additional periods as the Planning Board may reasonably determine.
An application for such extension may be made at the time of filing
of the original application for site plan approval or at any time
thereafter up to, but no later than, six months after the expiration
of the time limits set forth above.
(2)
For the purposes of this section, work will not have materially commenced
unless, at a minimum:
(a)
A building permit, if required, has been obtained; and
(b)
Construction equipment and tools consistent with the size of
the proposed work have been brought to and been used on the site;
and
(c)
Substantial excavation (where excavation is required) or significant
framing, erection, or construction (where excavation is not required)
has been started and is being diligently pursued.
U.
Violations. Any violations of the terms of this section shall constitute
a violation of the Town of Ithaca Zoning Ordinance and shall be punishable
as set forth in said ordinance and in § 268 of the Town
Law of the State of New York. Each week's continued violation shall
constitute a separate offense. Notwithstanding the foregoing, the
Town reserves for itself, its agencies and all other persons having
an interest, all remedies and rights to enforce the provisions of
this section, including, without limitation, actions for any injunction
or other equitable remedy, or action and damages, in the event the
owner of the parcel covered by this section fails to comply with any
of the provisions hereof. If any building or land development activity
is installed or conducted in violation of this section, the Code Enforcement
Officer may withhold any building permit or certificate of occupancy
or certificate of compliance and/or prevent the occupancy of said
building or land.
[Amended 5-12-2014 by L.L. No. 10-2014]
V.
Compliance with Town Code. Except as otherwise specified in this
section, or as otherwise shown on the final site plan or final subdivision
plat, all provisions of the Town of Ithaca Code shall apply to all
development, structures and uses in Planned Development Zone No. 13.
W.
Area rezoned. The area encompassed and rezoned in accordance with
this section as Planned Development Zone No. 13 is described on Schedule
A to this section. The Official Zoning Map of the Town of Ithaca is
hereby amended by adding such district at the location described.
X.
Enforcement. Any violations of the terms of this section shall constitute a violation of Chapter 270 of the Code of the Town of Ithaca and shall be punishable as set forth in said Code and in § 268 of the Town Law of the State of New York. Each week's continued violation shall constitute a separate offense. Notwithstanding the foregoing, the Town reserves for itself, its agencies and all other persons having an interest, all remedies and rights to enforce the provisions of this section, including, without limitation, actions for any injunction or other equitable remedy, or action and damages, in the event any of the owners of the parcels covered by this section fail to comply with any of the provisions hereof.
|
Schedule A
Description of Area Rezoned:
Planned Development Zone No. 13
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ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca,
County of Tompkins, State of New York, being bounded and described
as follows:
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BEGINNING at a pin found on the north line of Mitchell Street
at the southwest corner of lands of Cornell University, as recorded
in Book 211 at Page 266, said point being 139 feet east of the intersection
of Clover Lane and 27.4 feet north of the center line of Mitchell
Street;
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RUNNING THENCE North 78º 18' 06" West for a distance of
362.80 feet along the north line of Mitchell Street to a point;
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|
RUNNING THENCE North 06º 59' 03" East for a distance of
394.61 feet to a point;
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RUNNING THENCE North 83º 05' 45" West for a distance of
29.00 feet to a point at the southeast corner of Worth Street;
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RUNNING THENCE North 06º 59' 03" East for a distance of
50.00 feet along the east line of Worth Street to a point at the northeast
corner of Worth Street;
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|
RUNNING THENCE South 83º 06' 00" East for a distance of
19.74 feet to a pin found;
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|
RUNNING THENCE North 06º 54' 00" East for a distance of
245.32 feet to a pipe found in concrete;
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|
RUNNING THENCE North 71º 52' 26" East for a distance of
30.00 feet to a point;
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RUNNING THENCE South 18º 10' 25" East for a distance of
809.23 feet to the point of beginning.
| |
|
For a more particular description thereof, reference is hereby
made to a survey map entitled "Subdivision Plat Belle Sherman Cottages
Agora Homes and Development, LLC, Mitchell Street and Vine Street,
Town of Ithaca, Tompkins County, New York," dated March 2, 2011, prepared
by T.G. Miller, P.C., Engineers and Surveyors, Ithaca, New York.
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[Adopted 8-8-2011 by L.L. No. 11-2011]
A.
Findings.
(1)
The Town of Ithaca's Comprehensive Plan (the "Plan") encourages the
development of a wide variety of employment opportunities for residents,
and supports the continued vitality of existing employers by ensuring
that there is adequate and suitable space available.
(2)
The Plan calls for a limited number of small-scale, neighborhood-oriented
commercial areas which are safe and attractive, set back from public
highways, have good circulation and access, are well-landscaped (to
provide buffering, shade, and character) and located so as to meet
present and anticipated neighborhood needs while not adversely affecting
surrounding neighborhoods, and of an architectural design that enhances
their neighborhoods.
(3)
The Ithaca Beer Company (IBC) proposes to develop and locate an expanded
brewery, welcome center, and restaurant with an outdoor patio and
garden, together with recreation areas, on a 12.52 acre area of land
located a short distance from the current brewery location on Route
13.
(4)
On June 21, 2011, the Planning Board recommended the adoption of
this section, issued a preliminary subdivision approval, and approved
a preliminary site plan for Planned Development Zone No. 14, as shown
on documents with a cover sheet titled "Ithaca Beer Company, Inc.,
Mancini Drive, Town of Ithaca, Tompkins County, New York, Preliminary
Site Plan Review," and dated May 20, 2011, said documents prepared
by T.G. Miller, P.C., and by Mari Mitchell (the latter's documents
are denoted as "Drawn by MM"). Copies of the preliminary subdivision
approval and preliminary site plan approval were submitted to the
Town Board at the time of the creation of this Planned Development
Zone and are on file at the Town of Ithaca Planning Department.
B.
Purpose. It is the purpose and intent of this section to allow, by
creation of a Planned Development Zone, an opportunity for the implementation
of the foregoing goals and objectives.
C.
The definitions in § 270-5 of the Town of Ithaca Code shall apply to all of the terms in this section except as otherwise specifically stated in this section.
D.
Permitted principal uses. Only the following buildings or uses are
permitted as of right in Planned Development Zone No. 14:
(1)
Any use permitted in a Low Density Residential Zone.
(2)
The operation of a brewery, welcome center and retail store, and
restaurant with a building area not to exceed 65,000 square feet.
(3)
The operation of special events such as festivals and music series,
subject to or upon the issuance of any permits required.
(4)
Any municipal or public utility purpose necessary to the maintenance
of utility services, and any private utility purpose necessary to
the maintenance of utility services primarily serving structures within
Planned Development Zone No. 14.
(5)
A roadside stand or other structure, not exceeding 3,000 square feet
of enclosed space, for the display and sale of farm or nursery products.
E.
Permitted accessory buildings, structures and uses. The following
accessory buildings, structures or uses are permitted as of right
in Planned Development Zone No. 14:
[Amended 8-7-2017 by L.L.
No. 12-2017]
(2)
Stage, band shell, and related structure with a building area not
to exceed 2,500 square feet.
(3)
Three additional outbuildings not to exceed an aggregate of 10,000
square feet of building area to be used for grain storage, vehicle
storage, and/or workshop.
(4)
Signs, subject to the following:
(a)
Permanent, not self-illuminated entrance-exit and directional
signs;
(b)
Permanent, not self-illuminated street identification, traffic
and other governmental signs and control devices;
(c)
A total of two (2) permanent freestanding signs located within
Planned Development Zone No. 14 at the entrances from the public roads
(NYS Routes 13 and 13A), each sign not to exceed 30 square feet in
area and with a height not to exceed eight (8) feet;
(d)
One (1) permanent freestanding sign at the driveway entrance
to the facility, not to exceed 30 square feet in area, and with a
height not to exceed six (6) feet;
(e)
One (1) wall sign, not to exceed 40 square feet in area;
(f)
Any other signs approved in advance by the Town Planning Board
as part of final site plan approval;
(h)
All signs must be approved in advance by the Town Planning Board
as part of final site plan approval; and
(5)
Silos for grain storage not to exceed five (5) in number.
(6)
Accessory buildings such as gazebos, or other small structures such
as play structures, clearly ancillary and related to the operations
in Planned Development Zone No. 14 and subject to all other provisions
of this section.
(7)
Small wind energy facilities, subject to the provisions of § 270-219.4 of the Town of Ithaca Code, except the total number of wind energy towers in Planned Development Zone No. 14 shall not exceed that shown in any final site plan and design drawings approved by the Planning Board.
(8)
Electric
vehicle charging station.
[Added 8-12-2024 by L.L. No. 7-2024]
F.
Yard regulations. The minimum distance between buildings shall be
in compliance with the New York State Uniform Fire Prevention and
Building Code. The brewery building shall have a minimum setback from
adjacent property lines of not less than 60 feet; other buildings
shall have a minimum setback from adjacent property lines of not less
than 30 feet; and parking areas shall have a minimum clearance or
setback from adjacent property lines of not less than 25 feet.
G.
Height regulations. The building containing the brewery, restaurant,
welcome center, and retail store shall not exceed 40 feet in height
from lowest exterior grade. No other building shall exceed 38 feet
in height from lowest interior grade nor 36 feet in height from lowest
exterior grade. Structures other than a building shall not exceed
30 feet in height, except for grain silos, which shall not exceed
40 feet in height from lowest exterior grade, nor 12 feet in diameter.
H.
Building area. The maximum building area shall not exceed 30% of the area of Planned Development Zone No. 14. Projections described in § 270-224 are not to be included in computing the percentage.
I.
Minimum usable open space. Minimum usable open space shall not be
less than 30% of the area of Planned Development Zone No. 14. For
this purpose "usable open space" shall mean that portion of the area
of Planned Development Zone No. 14 not covered by any structure (including
driveways), and generally intended to be occupied by suitable vegetation
or landscaping.
J.
Parking. The first phase construction of approximately 15,000 square feet shall require a minimum of 78 parking spaces and not more than 100 with the number to be determined by the Planning Board based on parking needs for all reasonable uses or occupancy of the project. Additional parking for additional construction shall be determined through site plan review with reference to § 270-227 of the Town of Ithaca Code.
K.
Building permits and site plan approval.
(1)
In accordance with the provisions of Chapter 270, Zoning, of the Town of Ithaca Code, a final site plan application shall be submitted to and approved by the Town of Ithaca Planning Board before issuance of any building permits.
(2)
Any revisions to the preliminary site plan that do not meet the criteria set forth in Subsection K(3) below shall be submitted to and be approved by the Town Board before issuance of any building permits.
(3)
The Planning Board is authorized to permit modifications of the preliminary
site plan in granting final approvals provided that:
(a)
As modified such site plan is in general conformity with the
purposes and objectives of this section creating this Planned Development
Zone No. 14; and
(4)
Building permits shall be required for any construction except as otherwise provided by Chapter 125, Building Construction and Fire Prevention, § 125-4 of the Town of Ithaca Code. In addition to building permit requirements specified elsewhere in this section, such permits shall not be issued unless and until the design, specifications, and plans for the buildings and all other improvements to be constructed in Planned Development Zone No. 14 and construction of all outside facilities including lighting and signs shall have been shown on the final site plan, and any construction hereafter shall be in accordance with said site plan as finally approved. In determining whether to approve the site plan, the Planning Board shall employ the same considerations it would employ in approving a site plan pursuant to Chapter 270, Zoning, Article XXIII of the Town of Ithaca Code.
L.
Modification of final site plan. Any change in the site plan as finally approved by the Town Planning Board shall not be made until an application for a modification of site plan is provided to and approved by the Town Planning Board pursuant to Section 270-191 of the Town of Ithaca Code. Site plan modifications are not required for those items listed in Chapter 270, Zoning, § 270-191 of the Town of Ithaca Code as not requiring Planning Board approval of a site plan modification.
M.
Infrastructure completion before building permit or certificate of
occupancy issuance.
(1)
No building permits shall be issued for construction of any structures
accessed by a private road within Planned Development Zone No. 14
unless, at the time of the issuance of such permit, all stormwater
management facilities that serve the development have been constructed
pursuant to the approved stormwater management plan, except for those
facilities that are to be built after construction is commenced as
specified in the stormwater management sequencing plan. The owners
of Planned Development Zone No. 14 shall properly maintain all of
the stormwater management facilities that serve Planned Development
Zone No. 14. Maintenance of these stormwater management facilities
shall be pursuant to a separate agreement between the Town and the
property owners.
(2)
No certificates of occupancy shall be issued for structures unless
and until:
(a)
Water meters are installed by the owners of Planned Development
Zone No. 14 at the owners' expense at the distribution points where
the development's private lines will intersect the public water mains,
for purposes of metering consumption within Planned Development Zone
No. 14 in accordance with the water supply requirements of the Town
of Ithaca, Southern Cayuga Lake Intermunicipal Water Commission, and
any other relevant municipal agency; and
(b)
All private water and sewer mains serving Planned Development
Zone No. 14 have been built by the owners of Planned Development Zone
No. 14 at the owners' expense in accordance with the requirements
of all applicable governing authorities and laws, including the requirements
of the Tompkins County Health Department, and applicable plumbing
and building codes.
N.
Prohibition of placement of land within county agricultural district. The provisions of this section and other applicable sections of the Town of Ithaca Code will prevent development in Planned Development Zone No. 14 from negatively impacting neighboring properties and the community. To assure the applicability of this section and the Town of Ithaca Code to Planned Development Zone No. 14, and as a condition of rezoning the property in Schedule A to Planned Development Zone No. 14, none of the property within Planned Development Zone No. 14 shall be placed within a county agricultural district created under the provisions of Article 25-AA of the New York State Agriculture and Markets Law. If this condition is violated, the reversion provision of Subsection O(3) below shall apply.
O.
Reversion.
(1)
Unless work has materially commenced in accordance with a final site
plan within two years from the issuance of the building permit authorizing
such work, or within 48 months of the date the Planning Board gave
final site plan approval, or within two years of the effective date
of this section, whichever is earlier, any building permit shall lapse,
the site plan approval (both final and preliminary, if any) shall
expire, and the zoning change effected by this section shall terminate
and the zoning shall revert to that in effect prior to the adoption
of this section, unless in the interim there has been a general rezoning
of the area surrounding the area being rezoned by this section, in
which event the zoning shall revert to the same zoning as then in
effect along a majority of the perimeter of the land being rezoned
as Planned Development Zone No. 14 by this section. The Planning Board,
upon request of the applicant, after a public hearing, and upon a
finding that the imposition of the time limits set forth above would
create an undue hardship on the applicant, may extend the time limits
for such additional periods as the Planning Board may reasonably determine.
An application for such extension may be made at the time of filing
of the original application for site plan approval or at any time
thereafter up to, but no later than, six months after the expiration
of the time limits set forth above.
(2)
For the purposes of this section, work will not have materially commenced
unless, at a minimum:
(a)
A building permit, if required, has been obtained;
(b)
Construction equipment and tools consistent with the size of
the proposed work have been brought to and been used on the site;
and
(c)
Substantial excavation (where excavation is required) or significant
framing, erection, or construction (where excavation is not required)
has been started and is being diligently pursued.
(3)
If any of the property within Planned Development Zone No. 14 is
placed within a county agricultural district created under the provisions
of Article 25-AA of the New York State Agriculture and Markets Law,
the zoning change effected by this section shall terminate and the
zoning shall revert to that in effect prior to the adoption of this
section, unless in the interim there has been a general rezoning of
the area surrounding the area being rezoned by this section, in which
event the zoning shall revert to the same zoning as then in effect
along a majority of the perimeter of the land being rezoned as Planned
Development Zone No. 14 by this section.
P.
Any violations of the terms of this section shall constitute a violation
of the Town of Ithaca Zoning Ordinance[1] and shall be punishable as set forth in said ordinance
and in § 268 of the Town Law of the State of New York. Each
week's continued violation shall constitute a separate offense. Notwithstanding
the foregoing, the Town reserves for itself, its agencies and all
other persons having an interest, all remedies and rights to enforce
the provisions of this section, including, without limitation, actions
for any injunction or other equitable remedy, or action and damages,
in the event the owners of the parcels covered by this section fails
to comply with any of the provisions hereof.
Q.
If any building or land development activity is installed or conducted
in violation of this section, the Code Enforcement Officer may withhold
any building permit or certificate of occupancy or certificate of
compliance, and/or prevent the occupancy of said building or land.
[Amended 5-12-2014 by L.L. No. 10-2014]
R.
Except as otherwise specified in this section, all provisions of
the Town of Ithaca Code shall apply to all development, structures
and uses in Planned Development Zone No. 14.
S.
Area rezoned. The area encompassed and rezoned in accordance with
this section to be Planned Development Zone No. 14 is described on
Schedule A to this section. The Official Zoning Map of the Town of
Ithaca is hereby amended by adding such district at the location described.
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Schedule A
Description of Area Rezoned Planned Development Zone No.
14
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ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca,
County of Tompkins, State of New York, being bounded and described
as follows:
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BEGINNING at a point marked by an iron pipe found marking the
intersection of the north highway line of Elmira Road with the west
line of a private roadway commonly known as Mancini Road, said point
also being the southwest corner of lands of Yunis Realty, Inc. as
described in Liber 498/235, also being known as Town of Ithaca tax
map 33-3-2.1;
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1.
|
RUNNING THENCE North 34º 04' 05" West for a distance of
467.60 feet to an iron pin found;
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|
2.
|
RUNNING THENCE North 56º 23' 35" East for a distance of
60.29 feet to a point;
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|
3.
|
RUNNING THENCE along a curve to the left, an arc distance of
91.70 feet to an iron pin set, said course having a radius of 180
feet and a chord tie of North 41º 47' 40" East 90.71 feet;
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|
4.
|
RUNNING THENCE North 27º 12' 02" East for a distance of
27.30 feet to an iron pin set;
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|
5.
|
RUNNING THENCE along a curve to the right an arc distance of
85.31 feet to an iron pin set, said course having a radius of 140.00
feet and a chord tie of North 44º 39' 29" East 84.00 feet;
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|
6.
|
RUNNING THENCE North 62º 06' 57" East for a distance of
171.98 feet to an iron pin set;
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|
7.
|
RUNNING THENCE North 58º 20' 32" East for a distance of
54.38 feet to an iron pin found;
| |
|
8.
|
RUNNING THENCE North 66º 05' 20" East for a distance of
266.70 feet to an iron pin found;
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|
9.
|
RUNNING THENCE North 57º 41' 42" East for a distance of
161.14 feet to an iron pin found;
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|
10.
|
RUNNING THENCE North 63º 18' 49" East for a distance of
150.00 feet to an iron pin set;
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|
Said previous ten (10) courses being along the street line limits
of a private roadway known as Mancini Drive and Mancini Road;
| ||
|
RUNNING THENCE North 11º 32' 56" East along the west line
of New York State Route 13A for a distance of 16.60 feet to a point;
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|
RUNNING THENCE North 08º 43' 40" East along the west line
of New York State Route 13A for a distance of 57.62 feet to a pin
found;
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|
RUNNING THENCE South 63º 18' 49" West along the north line
of a private drive known as Mancini Drive for a distance of 590.10
feet to an iron pipe found;
| ||
|
RUNNING THENCE North 00º 56' 34" West for a distance of
250.20 feet to an iron pipe found;
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|
RUNNING THENCE South 58º 57' 58" West for a distance of
153.48 feet to a point;
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|
RUNNING THENCE North 31º 02' 17" West for a distance of
260.01 feet to an iron pin set;
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|
RUNNING THENCE North 35º 41' 12" East for a distance of
210.66 feet to an iron pin set;
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|
RUNNING THENCE North 83º 35' 16" West for a distance of
508.59 feet to an iron pin set;
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|
RUNNING THENCE South 42º 35' 16" West for a distance of
552.69 feet to an iron pin set;
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|
RUNNING THENCE South 33º 39' 47" East for a distance of
549.96 feet to an iron pin found;
| ||
|
RUNNING THENCE North 56º 23' 19" East for a distance of
150.00 feet to a point;
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|
RUNNING THENCE North 33º 40' 45" West for a distance of
46.03 feet to an iron pin found;
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|
RUNNING THENCE North 33º 40' 45" West for a distance of
64.24 feet to an iron pin set;
| ||
|
RUNNING THENCE North 58º 57' 58" East for a distance of
510.56 feet to an iron pin set;
| ||
|
RUNNING THENCE South 31º 02' 01" East for a distance of
64.17 feet to an iron pin found;
| ||
|
RUNNING THENCE South 31º 02' 01" East for a distance of
217.44 feet to an iron pin found;
| ||
|
1.
|
RUNNING THENCE South 62º 06' 57" West for a distance of
170.00 feet to an iron pin set;
| |
|
2.
|
RUNNING THENCE along a curve to the left an arc distance of
121.88 feet, said course having a radius of 200.00 feet and a chord
tie of South 44º 39' 29" West 120.00 feet to an iron pin set;
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|
3.
|
RUNNING THENCE South 27º 12' 02" West for a distance of
27.30 feet to an iron pin set;
| |
|
4.
|
RUNNING THENCE on a curve to the right, an arc distance of 61.13
feet, said course having a radius of 120.00 feet and a chord tie of
South 41º 47' 40" West 60.47 feet to an iron pin set;
| |
|
5.
|
RUNNING THENCE South 56º 23' 19" West for a distance of
128.04 feet to an iron pipe found;
| |
|
6.
|
RUNNING THENCE South 49º 49' 33" East for a distance of
62.48 feet to a point;
| |
|
7.
|
RUNNING THENCE South 34º 04' 05" East for a distance of
464.95 feet to a point on the north line of Elmira Road;
| |
|
Said previous seven (7) courses being along the street line
limits of a private roadway known as Mancini Drive and Mancini Road;
| ||
|
RUNNING THENCE North 59º 24' 14" East along the north line
of Elmira Road for a distance of 50.33 feet to the point and place
of beginning;
| ||
|
Said parcel containing 12.520 acres.
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[Adopted 2-13-2017 by L.L. No. 5-2017]
A.
Introduction.
(1)
The Maplewood Planned Development (PD) Zone enables and guides redevelopment of the Maplewood Park housing complex, and its underlying site, into a compact, walkable, mixed-use community. This § 271-16 uses a form-based zoning approach with objective yet flexible standards to provide clarity and certainty about site planning and the resulting built environment.
(2)
Urban design for Maplewood follows traditional neighborhood development
(TND) principles. The project envisions a variety of housing types
and building configurations, storefront space for neighborhood commercial
uses, and a community center. An interconnected grid of streets and
courts, and an open space network linking to the East Hill Recreation
Way, aim to weave the public realm of Maplewood into the fabric of
the greater Belle Sherman neighborhood.
(3)
The Town of Ithaca Comprehensive Plan recommends focusing new residential
development in areas near major employment centers and the City of
Ithaca boundary. Maplewood is located on a 16.98-acre infill site
with +/- 16.23 acres in the Town of Ithaca and +/-0.75 acre in the
City of Ithaca. The project is next to Cornell University campus,
about 1.2 miles east of downtown Ithaca, and within a ten- to twenty-minute
walk of East Hill Plaza and the center of Collegetown. The Comprehensive
Plan also recommends denser mixed-use traditional neighborhood development
in the Mitchell Street/Maple Avenue/Pine Tree Road area, which includes
the Maplewood site.
B.
Transect subzone. A transect subzone defines parts of the larger
site that will have certain physical and functional characteristics.
There are two transect subzones in the PD site area. Figure 1 is an
illustrative example of transect subzone location and allocation.
(1)
PD-15-M: Maplewood Medium Intensity. This transect subzone is a locale
for attached housing and complementary uses in a compact, pedestrian-scaled
neighborhood setting.
(2)
PD-15-H: Maplewood High Intensity. This transect subzone is a locale
for a mix of multiunit housing; limited office, commercial, and service
uses; and complementary uses, in a higher-density, pedestrian-scaled
urban setting.
(3)
Cumulative area of either transect subzone in the PD area may range
from six to 11 acres.
|
Figure 1: Example of Transect Subzone Location and Allocation.
 |
C.
Permitted principal and accessory uses. The following table shows
permitted uses in each transect subzone, with specific location limitations
where applicable.
|
Key:
| |
|---|---|
|
P = permitted use
| |
|
• = not allowed
| |
|
(st) = storefront space in apartment building
| |
|
(cc) = community center
|
|
Use (Definitions in § 271-16F)
|
PD-15-M
|
PD-15-H
| ||
|---|---|---|---|---|
|
Residential uses
| ||||
|
Dwelling unit
|
P
|
P
| ||
|
Additional uses: office
| ||||
|
Health/wellness practice
|
P (cc)
|
P (cc)(st)
| ||
|
Professional office
|
P (cc)
|
P
| ||
|
Additional uses: commercial/retail
| ||||
|
Day-care center
|
P (cc)
|
P(cc)(st)
| ||
|
Restaurant
|
•
|
P(st)
| ||
|
Retail and service: general
|
•
|
P(st)
| ||
|
Additional uses: semi-industrial
| ||||
|
Artisan
|
P(cc)
|
P(cc)(st)
| ||
|
Additional uses: civic
| ||||
|
Place of assembly
|
P
|
P
| ||
|
Additional uses: temporary
| ||||
|
Garden market
|
P
|
P
| ||
|
Accessory uses
| ||||
|
Home occupation (accessory to dwelling unit)
|
P
|
P
| ||
D.
Neighborhood design.
(1)
Dwelling units. Number of dwelling units for each transect subzone,
and the PD site as a whole, is:
(2)
Civic and open space.
(a)
Required civic building area. The PD site must have an area
assigned for a community center (civic building and site). It should
be located at or close to the center of a built-up area; next to a
civic/open space or at the axial termination of a prominent thoroughfare.
(b)
Required open space area.
[1]
The PD site must have >15% of its gross
area assigned for community open space. Open space types, settings
and requirements include the following:
|
Open Space Type (Definitions in § 271-16F)
|
Transect Subzone
| ||
|---|---|---|---|
|
Park
|
PD-15-M; PD-15-H
| ||
|
A park may be a nonlineal area, or lineal space following connecting
ways or natural corridors.
| |||
|
A park may be independent of surrounding building frontages.
| |||
|
Park boundary/edge along a neighborhood interior street or perimeter
street ROW: >10% must abut street.
| |||
|
Green
|
PD-15-M
| ||
|
Green boundary/edge along a neighborhood interior street or
perimeter street ROW: >50% must abut street.
| |||
|
Plaza
|
PD-15-M; PD-15-H
| ||
|
Plaza boundary/edge along a neighborhood interior street or
perimeter street ROW: >50% must abut street.
| |||
|
Court
|
PD-15-M; PD-15-H
| ||
|
One end of a court must open onto a thoroughfare.
| |||
|
Court boundary/edge along a neighborhood interior street or
perimeter street ROW: >10% must abut street.
| |||
|
Garden
|
PD-15-H
| ||
|
A garden should be fenced, and have an open shelter.
| |||
|
Gardens may be interspersed throughout the PD site, and may
be located inside a block.
| |||
|
A garden may be freestanding, or part of a larger park, green,
or court.
| |||
|
Garden boundary/edge along a neighborhood interior street or
perimeter street ROW: >0% must abut street.
| |||
[2]
Community open space calculation does not include the following:
[a]
Areas inside a site envelope for a residential,
commercial, or civic building.
[b]
A yard, balcony, patio, or other outdoor space
for use or access only by a specific dwelling unit or limited number
of dwelling units.
[c]
Public or private thoroughfare/street right-of-way,
or integral features (such as sidewalks and tree lawn areas).
[d]
Parking area or driveway.
[e]
Stormwater detention/retention facility or drainage
swale area, unless design allows practical use as an accessible year-round
amenity for residents of the development (picnic area, passive recreation
area, playground, and the like), or it is a bioswale that visually
integrates into the larger open space site.
[f]
Entry feature, median, or traffic island.
(c)
Access. An open space area must function as part of the broader
public realm and allow community-wide access and passage.
(3)
Thoroughfares.
(a)
Thoroughfare types and design.
[1]
There are three thoroughfare types:
[a]
Neighborhood primary street;
[b]
Neighborhood secondary street; and
[c]
Alley.
 |
 |
 |
|
Thoroughfare Type
| |||
|---|---|---|---|
|
Characteristics
|
Neighborhood Primary Street
|
Neighborhood Secondary Street
|
Alley
|
|
Purpose
|
Axial street through the entire PD site
|
Access to and frontage by medium-intensity residential uses
|
Access to rear of site envelope, parking areas
|
|
Right-of-way width (feet)
|
56 to 64
|
50 to 55
|
20 to 33
|
|
Sidewalk width (feet)
|
5 to 10 (each side, or one side where a park with parallel path
or trail fronts the other side of the street)
|
5 to 6 (each side, or one side where a park with parallel path
or trail fronts the other side of the street)
|
Optional: 4 (one side)
|
|
Tree lawn width1 (feet)
|
6 to 10 (each side)
|
6 to 10 (each side)
|
6 (each side)
|
|
PD-15-M: lawn
|
3.5 (on side with sidewalk, if applicable)
| ||
|
PD-15-H: lawn or segmented/permeable pavement with tree wells
|
(No tree lawn for integral garage units)
| ||
|
Parking lane width (feet)
|
7 to 8 (each side)
|
7 to 8 (one side or alternating side)
|
None
|
|
Travel area width (feet)
|
20 (two 10-foot lanes; sharrows; no lane dividing marking)
|
20 (two 10-foot lanes, no lane dividing marking)
|
15 to 16
|
|
Curb type
|
PD-15-M: barrier or rollover
|
Barrier or rollover
|
Rollover
|
|
PD-15-H: barrier
| |||
|
Corner radius (feet)
|
10 to 20
|
10 to 15
|
10
|
|
NOTE:
| |
|---|---|
|
1
|
Applicable to tree lawn requirements:
|
|
•
|
Street tree requirements and spacing: see landscaping standards [§ 271-16E(6)].
|
|
•
|
A tree lawn may function as a rain garden or bioswale, if it
also accommodates street tree planting. A tree lawn must not have
open ditches.
|
|
•
|
Tree lawn width may be narrower than the minimum along <30% of its length along a block, to accommodate natural
or special features.
|
|
•
|
A tree lawn may have breaks for driveways, sidewalks, transit
stops, and similar features along its length.
|
[2]
Existing thoroughfares along the perimeter of the PD site (Maple
Avenue, Mitchell Street) must have improvements (sidewalks, tree lawns,
tree planting, and curbs), so they follow neighborhood primary street
standards as much as possible. A sidewalk must follow Maple Avenue
and Mitchell Street along the full PD site frontage.
[3]
Angle parking (and wider curb-to-curb widths) may substitute
for <5% of on-street parking spaces in the
PD-15-M Transect Subzone, and <25% of on-street
parking spaces in the PD-15-H Transect Subzone.
[4]
A thoroughfare must have hard surface paving (porous or solid
asphalt, concrete, or segmental pavers) for sidewalks, parking lanes,
and travel lanes.
(b)
Thoroughfare layout.
[1]
A thoroughfare must be permanently open to the public and provide
community-wide access as part of an overall connected street network.
A thoroughfare must not have gated access.
[2]
A thoroughfare (not including an alley or stubout provision)
must begin and end at other thoroughfares. A neighborhood primary
or secondary street may not begin or end at an alley.
[3]
A thoroughfare network must have blocks <800 feet long (measured where thoroughfare center lines meet, not
including alleys) on their longest side.
[4]
An intersection must approximate a right angle as much as possible.
[5]
The street pattern must have stubout thoroughfares to provide
future access to adjacent development or redevelopment sites and ensure
broader neighborhood interconnectivity. A stubout thoroughfare must
have the same level of improvements as other thoroughfares on the
PD site.
(4)
Utilities.
(a)
Permanent utilities [water, sewer, natural gas (if any), district
heating/cooling, electricity, communications, and the like] must be
underground. Short-term utility service for construction activities
may be above ground.
(b)
A utility easement must be in a location where maintenance or
repair work will cause the least disruption. Utility easement location
must not prevent or undermine street tree planting.
E.
Site and building design.
(1)
Site envelope configuration. Site envelopes define building setback
lines for building sites. A site envelope is the functional equivalent
of an individual building lot for site planning. It does not imply
or enable a current or future subdivision pattern or individual ownership.
|
Site Envelope Characteristics
|
PD-15-M
|
PD-15-H
| |
|---|---|---|---|
|
Width at front (sidewalk or ROW edge) (feet)
|
14 to 170
|
100 to 235
| |
|
Building coverage in site envelope
|
<60%
|
<80%
|
(2)
Building types and disposition.
(a)
Principal building types, and the transect subzone they can
be part of, include the following:
|
Building Type
| ||||
|---|---|---|---|---|
|
Disposition
|
Townhouse/Stacked Flat
|
Apartment Building
|
Civic Building
| |
|
Illustrative example
|
 |
 |
 | |
|
Transect Subzone
|
PD-15-M
|
PD-15-H
|
PD-15-M; PD-15-H
| |
|
Siting
| ||||
|
Setback: average, site envelope edge (feet)
|
• 5 to 15 primary and corner side frontage
|
• 0 to 20 primary frontage
|
n/a
| |
|
• 0 to 25 corner side frontage
| ||||
|
Frontage buildout on a block side
|
>50% primary frontage
|
• >70% primary frontage
|
n/a
| |
|
• >50% corner side frontage
| ||||
|
Front facade and main entrance orientation
|
Must face street or public court [§ 271-16D(2)(b)]
|
Must face street
|
Must face street
| |
|
Bulk/massing
| ||||
|
Height (stories)
|
2 to 3
|
3 to 4
|
1 to 3 (15 to 45 feet at frontage)
| |
|
Gross floor area (GFA) (square feet)
|
n/a
|
n/a
|
2,500 to 9,500
| |
|
Street-facing wall length without > 2-foot
offset: (feet)
|
n/a
|
• < 50 ground story
|
n/a
| |
|
• < 105 upper story
| ||||
|
Street-facing wall length without > 6
to 12-foot deep/> 12-foot wide inset (feet)
|
n/a
|
< 150
|
n/a
| |
|
Building length: primary facade (feet)
|
• < 35 for area between vertical
party walls (or structurally independent equivalent)
|
< 350
|
< 125
| |
|
• 1 to 7 vertical party walls (or structurally independent
equivalent) in row of connected townhouses/stacked flats
| ||||
|
Linear facade transparency:
|
• >40% ground story
|
• >40% ground story
|
>30% ground and upper stories
| |
|
primary frontage.
|
• >30% upper story
|
• >30% upper story
| ||
|
Linear facade transparency:
|
• >30% ground story
|
• >20% ground story
|
>15% ground and upper stories
| |
|
corner side frontage
|
• >30% upper story
|
• >30% upper story
| ||
|
Linear facade transparency: side/rear facade (if not a party
wall):
|
>15% ground and upper stories
|
>15% ground and upper stories
|
>15% ground and upper stories
| |
|
Linear facade transparency: storefront area
|
n/a
|
>45% of area from 3 feet to 8 feet above
grade
|
n/a
| |
|
Occupancy
| ||||
|
Dwelling units in building
|
• 1 to 3 between vertical party walls (or structurally
independent equivalent)
|
30 to 100
|
n/a
| |
|
• 2 to 24 for full townhouse/flat row
| ||||
|
Commercial storefront area (square feet)
|
n/a
|
< 5,000 on the ground floor, cumulative
for the site
|
n/a
| |
(b)
Zoning code (or successor code) provisions allowing certain
building features to encroach beyond setback or height limits also
apply.
(4)
Building form and design.
(a)
Four-sided design. A building must have consistent material
treatment, architectural details, proportions, and colors on all exterior
walls.
(b)
Accessory structures. A permanent accessory building must have
material treatment, architectural details, proportions, and colors
that are consistent with the principal building.
(c)
Exterior materials. Vinyl siding, and prefabricated and pre-engineered
metal buildings are not allowed. This does not apply to temporary
buildings for construction field offices and similar short-term uses.
(d)
Utility and service areas. Rooftop or ground-mounted mechanical
equipment, utility areas, and trash enclosure or storage areas require
concealment or screening to hide them from view beyond the site envelope.
Form of concealment or screening must be architecturally consistent
or integral with the host structure. This does not apply to solar
panels.
(5)
Parking.
(a)
Required parking spaces.
[1]
The cumulative total of parking for the PD site is as follows.
|
Use
|
Motor Vehicle Parking (Range)
(spaces)
|
Bicycle Parking
(spaces)
| |
|---|---|---|---|
|
Residential: studio unit
|
0.25 to 1/unit
|
>1 secure or short-term/2.5 units
| |
|
Residential: 1-bedroom unit
|
0.5 to 1.25/unit
| ||
|
Residential: 2-bedroom unit
|
1 to 1.5/unit
| ||
|
Residential: 3-bedroom unit
|
1.25 to 1.75/unit
| ||
|
Residential: 4-bedroom unit
|
1.5 to 2/unit
| ||
|
Nonresidential (all uses)
|
0.5 to 1.25/500 ft2 GFA
|
>1 short-term/1,000 square feet GFA
| |
|
Public transit stop
|
n/a
|
>10 short-term/stop
|
|
NOTES:
| ||
|---|---|---|
|
•
|
Parking space count may include dedicated spaces for car/bicycle
sharing and charging.
| |
|
•
|
Motor vehicle space size: 8.5-foot by 18-foot clear rectangle
area for off-street perpendicular, and on-street and off-street angle;
7-foot by 22-foot for on-street parallel.
| |
|
•
|
Secure bicycle space: bicycle locker, dedicated space in a garage,
anchored rack space with overhead protection from the elements, other
fully enclosed or secure area.
| |
|
•
|
Short-term bicycle space: anchored rack space.
| |
[2]
On-street parking spaces may count towards required parking.
[3]
Two motorcycle parking spaces (each space >4.25 feet by seven feet) may count as one motor vehicle parking space.
(b)
Off-street parking lot location.
[1]
Off-street surface parking may be in the rear of a site envelope,
or interior of a block. Access must be from an alley or a driveway <16 feet wide, unless a wider width is required for
emergency vehicle access.
[2]
Surface parking areas and shared garage/carport structures must
be dispersed through the developed part of the PD site as much as
possible to reduce visual impact and avoid appearance as a complex.
(c)
Off-street parking lot design.
[1]
A parking area must not be visually dominant. Building siting,
landscaping, or architectural treatment must screen a parking area
(not including an individual driveway) from thoroughfares and residential
areas outside of the PD site. Screening may be shrubs (that grow to
form a continuous hedge of >3 feet within three
years of planting), or a wall (three to four feet high).
[2]
A parking area must have a sidewalk or paved walkway to provide
pedestrian access from nearby thoroughfares.
(e)
Landscape area.
[1]
A parking lot must have >1 landscaped
interior island (>8.5 feet wide, >160-square-foot area) for every 10 parking spaces.
[2]
A row of parking spaces must have a landscape island (or equivalent
landscape area) at each end.
[3]
A row of parking that is not interrupted by a landscape island
must be <10 spaces long.
[4]
A landscape island should function as part of the larger stormwater
management system of the PD site.
(f)
Renewable energy.
(6)
Landscaping.
(b)
Thoroughfare tree lawns.
(c)
Off-street parking areas.
[1]
Off-street surface parking areas must have tree planting, with
a combined canopy that will shade >50% of the
parking area (parking spaces and drive aisles) at maturity. Solar
carport coverage area may substitute for tree canopy area.
[2]
A parking lot landscape island must have >1 canopy tree for every 160 square feet of landscape island area.
(d)
Other landscape areas.
[1]
A green, court, or garden [§ 271-16D(2)(b)] must have >1 canopy tree for every <2,000
square feet of contiguous open space area.
[2]
There must be a landscape and visual buffer area following the
length of the East Ithaca Recreation Way along the PD site. The landscape
area must include:
[a]
>1 canopy tree every 20
feet to 40 feet along its length, with average spacing of 30 feet.
[b]
>1 short tree for every
60 feet of landscape area length. Planting may be alone or in groups.
[c]
A variety of shrubs and perennial plants that will
form a continuous screen of >3 feet at maturity
along >50% of the landscape area length.
[3]
For <50% of all required canopy trees
in other landscape areas, two short trees may substitute for one canopy
tree.
(e)
Tree species for required planting.
[1]
Tree species for required plantings must have these traits:
[2]
Follow requirements for allowed or prohibited tree species in
Town zoning regulations, if applicable. Street tree species must also
have these traits:
[3]
Canopy tree species must have a mature height of >40 feet.
[4]
Short tree species must have a mature height of >20 feet.
[5]
A street tree or canopy tree planting must have a diameter at
breast height (DBH) of >2 inches. A short tree
planting must have a DBH of >1.5 inches.
(f)
Other landscaping requirements. Exposed ground surfaces must
have ground cover planting or mulch to cover otherwise exposed soil.
(7)
Fences and walls.
(a)
Maximum fence or wall height is three feet in a front setback
area, and six feet elsewhere.
(b)
Acceptable materials for walls include brick, stone, split-faced
block, decorative blocks, cast stone, and glass blocks.
(c)
Acceptable materials for fences include wood, composite fencing,
wrought iron, PVC/vinyl, or welded wire panels. This does not apply
to deer fencing, snow fencing, and temporary fencing for construction
and short-term activities.
(d)
Barbed wire, concertina wire, and chain link are not acceptable.
This does not apply to temporary fencing for construction activities.
(8)
Signs. Signs must conform to then-current Town of Ithaca Sign Code[1] (or successor code) standards for the following:
(a)
PD-15-H Transect Subzone: attached signs on storefronts: standards
for the NC Neighborhood Commercial (or successor) Zone.
(b)
PD-15-M and PD-15-H Transect Subzones: residential and other
uses: standards for the MR Multiple Residence (or successor) Zone.
[1]
Editor's Note: See Ch. 221, signs.
F.
APARTMENT BUILDING (BUILDING TYPE IN Section 271-16E)
ARTISAN (USE IN Section 271-16C)
BLOCK (CONTEXT OF ROADS OR THOROUGHFARES)
CIVIC BUILDING (BUILDING TYPE IN Section 271-16E)
COURT (OPEN SPACE TYPE IN Section 271-16D)
DAY-CARE CENTER (USE IN Section 271-16C)
DWELLING UNIT (USE IN Section 271-16C)
FRONTAGE
FRONTAGE BUILDOUT
GARDEN (OPEN SPACE TYPE IN Section 271-16D)
GARDEN MARKET (USE IN Section 271-16C)
GREEN (OPEN SPACE TYPE IN Sec. 271-16D)
HEALTH/WELLNESS PRACTICE (USE IN Section 271-16C)
PARK (OPEN SPACE TYPE IN Section 271-16D)
PAVEMENT, FIXED
PAVEMENT, POROUS
PLACE OF ASSEMBLY (USE IN Section 271-16C)
PLAZA (OPEN SPACE TYPE IN Section 271-16D)
PROFESSIONAL OFFICE (USE IN Section 271-16C)
RESTAURANT (USE IN Section 271-16C)
RETAIL AND SERVICE - GENERAL (USE IN Section 271-16C)
SETBACK, AVERAGE
STACKED FLAT (BUILDING TYPE IN Section 271-16E)
STUBOUT THOROUGHFARE
THOROUGHFARE
TOWNHOUSE - (BUILDING TYPE IN Section 271-16E)
TRANSPARENCY, LINEAR
Definitions. These words or terms have a special meaning in § 271-16 for this PD.
Building with more than three dwelling units, vertically
and horizontally integrated, connected with one or more shared entries.
Establishment or studio where people make art or products
by hand, using handheld tools or small-scale table-mounted equipment.
This includes related sales on site.
Area bounded by thoroughfares, or a combination of thoroughfares
and barriers to continued development (examples: public land, waterway).
Building that accommodates a place of assembly, civic, or
community use.
Open space for civic purposes, passive or active recreation,
or connectivity within or through the site. Building frontages spatially
define a court.
Establishment providing any of the following services, as
defined by the NYS Department of Social Services or its successor
agency in the following or successor regulations, for all or part
of a day: child day care (18 NYCRR 418.1), small day care (18 NYCRR
418.2), school-age child care (18 NYCRR 414).
An apartment, or a room or group of connected rooms, occupied
or set up as separate living quarters for living, sleeping, cooking,
eating, bathing, and sanitation purposes.
Area between a building facade and a neighboring thoroughfare
or court, including built and vegetated components.
Length of building along frontage within setbacks of a block.
Open space for a playground or community garden.
Sale of produce or value-added farm and food products (as
that term is defined in NY Agriculture and Markets Law § 282(2),
or its successor statute), or community supported agriculture (CSA)
share or farm-to-home pickup.
Open space for community gathering, or passive or active
recreation, with prominent (>50%) softscape
or vegetative cover (such as lawn, trees, shrubs, plant beds). Landscaping
and/or street frontages define its space more so than building frontages.
Establishment providing outpatient medical, medical allied
health care, or alternative medical services.
Open space for recreation or aesthetic enjoyment. Prominent
(>50%) landscape includes paths and trails,
fields and meadows, water bodies, woodland, lawns, gardens, and open
shelters.
Durable, fixed surface formed from asphalt, concrete, tightly
spaced segmental pavers, and/or similar durable materials, both pervious
and impervious.
Durable surface allowing easy passage of water through pores.
This includes segmental pavers, open cell pavers, and similar products;
and ribbon/double track driveways with wheel strips of a durable pavement
material. This does not include crushed stone, wood chips, dirt, grass,
or other loose or unimproved surfaces.
Facility used mainly for public/resident assembly for worship,
meeting, or community purposes. (Examples: religious congregation,
secular assembly, community center, common house, amenity center.)
Open space for community gathering, or passive or active
recreation, with prominent (>50%) hardscape
cover. Building and street frontages define its space more so than
landscaping.
Establishment providing professional, administrative, clerical,
or information processing services.
Establishment preparing and selling food, drinks, and/or
alcoholic beverages in a ready-to-consume state, to customers on site
or delivery off site.
Establishment selling or renting a tangible good or product
to the public, and/or provides a service to customers on site.
Average of the setbacks at 10 equally spaced points along
a building side or elevation.
Building (built individually or as a connected row), with
dwelling units separated vertically by an interior party wall or exterior
firewall, and/or separated horizontally by a floor.
Improved dead-end thoroughfare ending at the boundary of
a development site, serving as a provision for later extension and
connection to thoroughfares and development beyond the site.
Paved travel way with travel lanes for vehicles and bicycles,
parking lanes, and/or sidewalks or paths; and related infrastructure
and/or amenities; in a dedicated right-of-way, lot or easement.
Building (built individually or as a connected row) with
dwelling units separated vertically by an interior party wall or exterior
firewall.
Building wall length occupied by functioning doors and/or
windows, >75% of which must be >four feet tall.
G.
Administration.
(1)
Site plan. A final site plan approved by the Town Planning Board pursuant to Chapter 270, Zoning, is required for development in this PD zone. In addition to the requirements in § 270-186, the site plan must show location of transect subzones (§ 271-16B), site envelope location [§ 271-16E(1)], and storefront frontage areas.
(2)
Miscellaneous.
(a)
Violations and enforcement.
[1]
Any violations of the terms of this section shall constitute
a violation of the Town of Ithaca Zoning Ordinance and shall be punishable
as set forth in said ordinance and in § 268 of the Town
Law of the State of New York. Each week's continued violation shall
constitute a separate offense. Notwithstanding the foregoing, the
Town reserves for itself, its agencies and all other persons having
an interest, all remedies and rights to enforce the provisions of
this section, including, without limitation, actions for any injunction
or other equitable remedy, or action and damages, in the event the
owners or lessees of the parcels covered by this section fail to comply
with any of the provisions hereof.
[2]
If any building or land development activity is installed or
conducted in violation of this section, the Code Enforcement Officer
may withhold any building permit, certificate of occupancy, or certificate
of compliance, and/or prevent the occupancy of said building or land.
(b)
Town Code applicability. Except as otherwise specified in this
section, all provisions of the Town of Ithaca Code shall apply to
all development, structures and uses in Planned Development Zone No.
15.
H.
PD area.
(1)
Area rezoned. The area encompassed and rezoned in accordance with
this section to be Planned Development Zone No. 15 is described below.
The Official Zoning Map of the Town of Ithaca is hereby amended by
adding such district at the location described.
|
Description of Area Rezoned to Planned Development Zone
No. 15
| |
|
All that tract or parcels of land situate in the Town of Ithaca,
County of Tompkins, State of New York, bounded and described as follows:
| |
|
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca,
County of Tompkins, State of New York, being bounded and described
as follows:
| |
|
BEGINNING at a point in the North line of Mitchell Street, said
point also being the Southeast corner of lands of Daziano as described
in instrument 2014-08371;
| |
|
RUNNING THENCE North 27° 36' 12" West for a distance of
809.23' to an iron pin found;
| |
|
RUNNING THENCE South 62° 26' 39" West for a distance of
30.00' to an iron pipe found;
| |
|
RUNNING THENCE North 27° 38' 50" West for a distance of
88.73' to an iron pin found;
| |
|
RUNNING THENCE North 83° 38' 19" East for a distance of
20.28' to an iron pipe found;
| |
|
RUNNING THENCE North 27° 58' 59° West for a distance
of approximately 75.74' to a point, said point being on the approximate
corporation line of the City of Ithaca as established per tax map
database;
| |
|
RUNNING THENCE North 02° 31' 21" West along the approximate
corporation line of the City of Ithaca as established per tax map
database, for a distance of approximately 398.51';
| |
|
RUNNING THENCE North 80° 04' 56" East along the South line
of Maple Avenue for a distance of approximately 15.02' to a point;
| |
|
RUNNING THENCE North 86° 59' 08" East along the South line
of Maple Avenue for a distance of 108.86' to a point;
| |
|
RUNNING THENCE North 89°03' 58" East along the South line
of Maple Avenue for a distance of 283.11' to an iron pipe found;
| |
|
RUNNING THENCE South 02° 05' 33" East for a distance of
157.75' to an iron pin found;
| |
|
RUNNING THENCE North 87° 10' 09" East for a distance of
60.08' to an iron pipe found;
| |
|
RUNNING THENCE South 02° 28' 20" East for a distance of
173.21' to an iron pipe found;
| |
|
RUNNING THENCE North 70° 14' 37" East for a distance of
56.76' to a point;
| |
|
RUNNING THENCE South 27° 19' 43" East for a distance of
479.90' to an iron pin found in concrete;
| |
|
RUNNING THENCE North 75° 00' 44" East for a distance of
201.94' to a point;
| |
|
RUNNING THENCE South 01° 49' 00" East for a distance of
602.52' to an iron pin set;
| |
|
RUNNING THENCE North 86° 20' 58" West along the North line
of Mitchell Street for a distance of 261.52' to a point;
| |
|
RUNNING THENCE North 88° 27' 55" West along the North line
of Mitchell Street for a distance of 231.17' to the point and place
of beginning;
| |
|
Said parcel having an area of 16.252 acres.
|
(2)
For a more particular description thereof, reference is hereby made
to a survey map entitled "Boundary and Topographic Map, No. 201 Maple
Avenue, Town of Ithaca, City of Ithaca, Tompkins County, New York,"
dated 1/11/2016, prepared by T.G. Miller, P.C., Engineers and Surveyors,
Ithaca, New York, reference copy of which is filed in the Town of
Ithaca Planning Office. The lands of Daziano referenced above are
referred to in the survey map as lands of "Dazanio."
[Adopted 9-27-2021 by L.L. No. 12-2021]
A.
Introduction.
(1)
The Comprehensive Plan recommends focusing new development where
adequate infrastructure and services exist, near major employers and
transit services, and in a manner that promotes sustainability, energy
efficiency, walkability, and connectivity. The Chain Works District,
located in both the City of Ithaca and the Town of Ithaca, is uniquely
positioned to take advantage of the site's proximity to existing neighborhoods,
downtown, and Ithaca College. The Chain Works District is designed
to transform the former Emerson manufacturing plant into a productive
mixed-use neighborhood that promotes sustainability and provides an
array of community benefits supported in the Plan.
(2)
Planned development (PD) Zone 16 enables and guides the repurposing
of the former factory buildings, along with new construction on undeveloped
portions of the ninety-five-acre site, into a mixed-use community
that consists of residential, office, commercial, retail, industrial,
recreational and open space uses. PD Zone 16 uses a form-based zoning
strategy, with objective yet flexible standards that are intended
to create an aesthetically pleasing neighborhood and foster a sense
of community and connectivity with the surrounding city and Town neighborhoods.
(3)
The design for the development follows traditional neighborhood development (TND) principles and features a distinctive mix of uses and densities that exceed or differ from what Town Code Chapter 270 (Zoning) allows in the Industrial Zone or other current zoning districts. New construction will include a variety of housing types and building configurations, storefront space for neighborhood commercial uses, and an interconnected grid of streets and pathways that will link the project to the Gateway Trail and connect to the greater South Hill neighborhood in the city and the Town.
(4)
The development will also:
(a)
Create an identifiable community that bridges the city and Town
by reactivating a property with an idle industrial complex.
(b)
Protect environmentally valuable and sensitive areas by limiting
all intense new development to approximately one-third of the ninety-five-acre
property, while retaining open space as an ecological and recreational
amenity for the neighborhood and surrounding community.
(c)
Encourage a vibrant and walkable mixed-use neighborhood, designed
to accommodate pedestrians and cyclists with pedestrian-oriented pathways
and streets that encourage walking, biking, car sharing, and public
transit.
(d)
Provide much needed housing.
B.
Planned development zone area.
(1)
Area rezoned. The area encompassed and rezoned in accordance with
this section as Planned Development Zone No. 16 (the Town of Ithaca
portion of the Chain Works District) is described below. The Official
Zoning Map of the Town of Ithaca is hereby amended by adding such
district at the location described.
(2)
Description of area rezoned to Planned Development
Zone No. 16.
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca,
County of Tompkins and State of New York and being more particularly
described as follows:
STARTING at THE POINT OF BEGINNING on the Town and City of Ithaca
line on the westerly edge of State Route 96B/South Aurora Street,
said point being S 11°39'25" E, 121.93 feet from an iron pin found
at the southwest corner of Tax Map parcel # 106-1-17;
THENCE S.31°44'06"W., along said westerly road boundary
of South Aurora Street, a distance of 41.52 feet to a point;
THENCE N.63°58'34"W., continuing along said westerly road
boundary of South Aurora Street, a distance of 17.00 feet to a point;
THENCE S.26°01'26"W., continuing along said westerly road
boundary of South Aurora Street, a distance of 600.13 feet to a point;
THENCE S.25°46'26"W., continuing along said westerly road
boundary of South Aurora Street, a distance of 483.13 feet to a monument
found;
THENCE N.64°11'56"W., a distance of 173.40 feet to a point;
THENCE S.25°44'04"W., a distance of 200.00 feet to a point;
THENCE S.63°58'56"E., a distance of 9.86 feet to a pin found;
THENCE S.26°03'05"W., a distance of 100.00 feet to a point;
THENCE S.63°52'14"E., a distance of 173.92 feet to a monument
found;
THENCE S.25°46'46"W., along the westerly boundary of South
Aurora Street, a distance of 299.66 feet to a point;
THENCE N.68°13'50"W., a distance of 183.31 feet to an iron
pin found; THENCE S.21°46'10"W., a distance of 115.00 feet to
a point;
THENCE S.72°34'50"E., a distance of 191.73 feet to a monument
found;
THENCE S.20°27'45"W., along said westerly road boundary
of South Aurora Street, a distance of 202.82 feet to a point;
THENCE N.73°42'24"W., a distance of 388.05 feet to a pin
found;
THENCE S.16°17'36".W, a distance of 100.00 feet to a pin
found;
THENCE S.73°42'24".E, a distance of 358.54 feet to a point;
THENCE S.13°00'26".W, a distance of 50.20 feet to a point;
THENCE N.73°41'49".W, a distance of 361.59 feet to a pin
found;
THENCE S.16°16'07".W, a distance of 478.70 feet to a pin
found;
THENCE S.87°30'52".W, a distance of 968.14 feet to a pin
found;
THENCE N.01°40'24".W, a distance of 759.61 feet to a pin
found;
THENCE S.51°30'23".W, a distance of 306.88 feet to a pin
found;
THENCE along a curve to the right, having a radius of 2064.25
feet, an arc distance of 300.22 feet and a chord bearing and distance
of S 55°40'44.41" W, 299.96 feet to an iron pin found;
THENCE S.59°15'37".W, a distance of 173.94 feet to a point
at the center of Stone Quarry Road;
THENCE N.47°12'29".E, along the center of Stone Quarry Road,
a distance of 60.51 feet to a point;
THENCE N.29°26'06".E, continuing along the center of Stone
Quarry Road a distance of 52.69 feet to a point at the town and city
of Ithaca town line.
THENCE N.59°09'27".E, along the City of Ithaca and Town
of Ithaca boundary line, a distance of 113.12 feet to a point;
THENCE continuing northeasterly along the City of Ithaca boundary
line along a curve to the left, having a radius of 2064.25 feet, an
arc distance of 300.22 feet and a chord bearing and distance of N
55°40'44.41" E, 299.96 feet to a point;
THENCE continuing northeasterly along the City of Ithaca boundary
line N 51°24'37"E, a distance of 743.22 feet to a point;
THENCE continuing northeasterly along the City of Ithaca boundary
line along a curve to the left, having a radius of 3398.14 feet, an
arc distance of 467.35 feet and a chord bearing and distance of N
47°28'12.86" E, 466.99 feet to a point;
THENCE continuing northeasterly along the city of Ithaca boundary
line along a curve to the left, having a radius of 5513.71 feet, an
arc distance of 619.08 feet and a chord bearing and distance of N
40°18'49.17" W, 618.75 feet to a point;
THENCE N 37°08'28"E, continuing northeasterly along the
City of Ithaca boundary line a distance of 641.51 feet to a point;
THENCE N.37°07'39"E., continuing northeasterly along the
city of Ithaca boundary line a distance of 31.02 feet to a point;
THENCE N 85°31'22"E, northeasterly along the city of Ithaca
boundary line a distance of 985.30 feet to the POINT OF BEGINNING.
C.
Transect subareas.
(1)
Overview. A transect subarea defines parts of the larger site that
will have certain physical and functional characteristics. There are
six transect subareas in the PD Zone 16 area.
 |
|
|
CW1 Natural Subarea
Total zone area: 1,039,404 square feet gross / ±23.85
acres
|
|
|
CW2A, CW2B Neighborhood General Subarea
Total zone area: 922,274 square feet gross / ±21.17 acres
|
|
|
CW3A, CW3B Neighborhood Center Subarea
Total zone area: 1,730,639 square feet gross / ±39.73
acres
|
|
|
CW4 Industrial Subarea
Total zone area: 447,340 square feet gross / ±10.27 acres
|
(2)
CW1 Natural Subarea. The CW1 Subarea is intended for preservation
as open space, with uses limited to passive recreational activities.
This subarea consists of lands approximating or reverting to a natural
state, including lands unsuitable for development due to topography
and hydrology. Development is limited to trails and small structures
associated with grounds upkeep and visitor amenities (examples: pavilion,
visitor comfort station, maintenance shed).
(3)
CW2A Neighborhood General Subarea. This subarea is a locale for primarily
residential uses in a compact, pedestrian-scaled neighborhood setting.
The subarea allows limited complementary commercial uses. Building
types include detached dwellings, 3-4 unit dwellings, townhomes, and
mixed-use buildings. Because of its topography and prominent location
adjacent to Danby Road, this subarea limits building types to those
having a smaller scale and lower height, to complement the streetscape
pattern found elsewhere along the Aurora Street/Danby Road corridor.
Setbacks and landscaping are variable. Streets with curbs and sidewalks
define medium-sized blocks.
(4)
CW2B Neighborhood General Subarea. This subarea is a locale for primarily
residential uses in a compact, pedestrian-scaled neighborhood setting.
This subarea allows limited complementary commercial uses. The CW2B
Subarea allows all uses and building types that the CW2A Subarea allows.
The CW2B Subarea also allows building types having a greater mass
and height, given its downhill location away from the nearby Danby
Road/Aurora Street corridor.
(5)
CW3A Neighborhood Center Subarea. This narrow subarea along the roadway
corridor is a locale for a mix of uses, including residential and
commercial, in a dense, pedestrian-scaled urban setting. This subarea
allows a wide variety of building types, but given its prominent location
along Aurora Street/Danby Road, development heights are limited.
(6)
CW3B Neighborhood Center Subarea. This subarea is a locale for a
mix of multiunit housing; limited office, commercial, and service
uses; and complementary uses, in a higher-density, pedestrian-scaled
urban setting. The subarea is intended to have a tight network of
streets, with sidewalks, and buildings set close to sidewalks. Open
spaces incudes greens, squares, and neighborhood parks.
(7)
CW4 Industrial Subarea. This subarea accommodates industrial, and
manufacturing uses in existing rehabilitated structures.
(8)
Precedent images. These images show examples of qualities or characteristics
that are reflective of and complementary to the project goals of creating
a vibrant, human-scale, mixed-use development, while respecting and
enhancing the specific industrial heritage of the larger Chain Works
District.
(a)
CW2A: strong neighborhood
characteristics; human-scale building form, architecture, materials,
fenestration, and design details; townhouses and small apartment buildings.
 |
These images exhibit preferred characteristics related to:
▪ Building height
▪ Building massing
▪ Building scale
▪ Material/cladding variety
▪ Glazing percentage
▪ Facade length: short increments
▪ Architectural variety
▪ Human-scale details on first floor and at roofline
▪ Traditional vertical proportions of windows and massing
|
 | |
 |
This image exhibits medium-sized housing types, including townhouses
and small apartments in small-scale traditional buildings.
|
(b)
CW2B: larger-scale apartment
buildings; longer facades; human-scale materials, fenestration, and
design details; buffered from surrounding neighborhoods.
 |
These images exhibit preferred characteristics related to:
▪ Building massing
▪ Building scale
▪ Material/cladding variety
▪ Glazing percentage
▪ Facade length: longer buildings in this area
▪ Base, middle, and top building organization/detailing.
▪ Human-scale details on first floor and at roofline
▪ Traditional vertical proportions of windows
▪ Architecturally articulated entries
▪ Simple vernacular building shapes
▪ Frequent entries along the fronts of buildings
|
 | |
 |
 |
 |
 |
(c)
CW3A: small-scale but
densely sited townhouses and small apartment buildings with high-quality
architectural detail and materials sympathetic to neighborhood context
and human scale.
 |
These images exhibit preferred characteristics related to:
▪ Building massing
▪ Building scale
▪ Material/cladding variety
▪ Glazing percentage
▪ Facade length: longer buildings in this area
▪ Base, middle, and top building organization/detailing
▪ Human-scale details on first floor and at roofline
▪ Traditional vertical proportions of windows
▪ Architecturally articulated entries
▪ Simple vernacular building shapes
▪ Frequent entries along the fronts of buildings
|
 |
 |
 |
These images exhibit preferred characteristics related to:
▪ Building massing
▪ Building scale
▪ Material/cladding variety
▪ Glazing percentage
▪ Facade length: longer buildings in this area
▪ Base, middle, and top building organization/detailing
▪ Human-scale details on first floor and at roofline
▪ Traditional vertical proportions of windows
▪ Architecturally articulated entries
▪ Simple vernacular building shapes
▪ Frequent entries along the fronts of buildings
▪ Integrating classic design with some modern elements/materials
|
 |
(d)
CW3B: existing buildings:
scale, massing, and articulation.
 |
These images exhibit preferred characteristics related to:
▪ Building height
▪ Building massing
▪ Building scale
▪ Material/cladding variety
▪ Glazing percentage
▪ Blank wall extents
▪ Facade length
▪ Front facade
▪ Integration of existing and new
|
 |
 |
This image exhibits preferred characteristics related to:
▪ Building height
▪ Building massing
▪ Building scale
▪ Glazing percentage
▪ Blank wall extents
▪ Facade length
▪ Compact streetscape
|
 |
These images exhibit preferred characteristics related to:
▪ Building height
▪ Building massing
▪ Building scale
▪ Material/cladding variety
▪ Glazing percentage
▪ Blank wall extents
▪ Facade length
▪ Integration of existing and new
|
 | |
|
|
|
|
|
|
D.
Principal and accessory uses.
(1)
Overview.
(a)
The following tables show permitted uses in each transect subarea,
with specific location limitations where applicable.
|
Key:
| |
|
P
|
Permitted use
|
|
SP
|
Permitted with special permit by the Planning Board
|
|
•
|
Not allowed
|
(b)
Where the table separately lists a specific use that might also
fall into a more general use category, the description and conditions
for the specific use apply. (Example: The retail and service use does
not include adult uses or restaurant/bar uses because the table lists
those specific uses separately.)
(c)
A use must follow use-specific conditions and standards (if
any), and applicable performance standards in this section and other
applicable laws and regulations. If any use-specific conditions and
standards or performance standards found in other laws and regulations
conflict with this section, those in this section will apply.
(2)
Residential uses.
|
Residential Use
|
Description and Conditions
|
CW1
|
CW2A
|
CW2B
|
CW3A
|
CW3B
|
CW4
|
|---|---|---|---|---|---|---|---|
|
Private residence
|
Principal dwelling unit, for occupancy by a person or family
plus 1 boarder
|
•
|
P
|
P
|
P
|
P
|
•
|
|
Collective living
|
Principal dwelling unit, for occupancy by more than or equal
to 3 people where collective living arrangement is intentional, and
lease terms are not less than 30 days, temporary, or seasonal. "Seasonal"
in this context means a calendar or academic year or less.
Collective living occupancy must be less than or equal to 2
in a bedroom, up to less than or equal to 6 residents in a unit.
|
•
|
P
|
P
|
P
|
P
|
•
|
|
Live-work housing
|
Principal dwelling unit, with separate but connected space for
a nonresidential use the subarea allows
Nonresidential space may occupy less than or equal to 75% of
the GFA of a live-work unit. It must have direct internal access from
living space.
The operator of a nonresidential use in live-work space must
live in the live-work unit as their primary residence.
|
•
|
SP
|
SP
|
SP
|
P
|
•
|
|
Residential care
|
Multiunit or group housing, with on-site supervision, services,
and care for people who need help with daily living activities, or
who cannot care for themselves
Adult day health care (10 NYCRR § 425), day programs,
social adult day care (9 NYCRR § 6654.20), or outpatient
physical rehabilitation, may be an ancillary use.
|
•
|
SP
|
SP
|
SP
|
SP
|
•
|
|
Rooming and boarding
|
Group housing where residence is limited to a specific group
or membership (examples: fraternity or sorority house, student co-op,
convent, monastery)
|
•
|
SP
|
SP
|
SP
|
SP
|
•
|
(3)
Lodging uses.
|
Lodging Use
|
Description and Conditions
|
CW1
|
CW2A
|
CW2B
|
CW3A
|
CW3B
|
CW4
|
|
Inn
|
Facility with 4 to 20 rooms for overnight accommodation to paying
guests
|
•
|
SP
|
SP
|
SP
|
P
|
•
|
|
Hotel
|
Facility with more than 20 rooms for overnight accommodation
to paying guests
|
•
|
•
|
•
|
SP
|
P
|
•
|
(4)
Office and professional uses.
|
Office/Professional Use
|
Description and Conditions
|
CW1
|
CW2A
|
CW2B
|
CW3A
|
CW3B
|
CW4
|
|---|---|---|---|---|---|---|---|
|
Health/wellness practice
|
Establishment providing outpatient medical, medical allied health
care, or alternative medical services, and/or wellness activities,
including yoga, tai chi, meditation, pilates, dance, and similar wellness
activities
|
•
|
P
|
P
|
P
|
P
|
•
|
|
Professional office
|
Establishment providing professional, administrative, clerical,
or information processing services
|
•
|
P
|
P
|
P
|
P
|
•
|
|
Veterinary practice
|
Establishment providing veterinary services
Veterinary care may include short-term boarding for recovery
and observation.
|
•
|
•
|
•
|
•
|
P
|
P
|
(5)
Retail and service uses.
|
Retail and Service Use
|
Description and Conditions
|
CW1
|
CW2A
|
CW2B
|
CW3A
|
CW3B
|
CW4
|
|---|---|---|---|---|---|---|---|
|
Adult entertainment business
|
Refer to Town Code § 270-5.
|
•
|
•
|
•
|
•
|
•
|
•
|
|
Indoor recreation
|
Establishment or facility, not associated with or ancillary
to a civic use, providing an indoor recreation or entertainment-oriented
activity to the public
|
•
|
•
|
•
|
•
|
P
|
P
|
|
Day-care center
|
Child day-care (18 NYCRR 418-1), small day-care (18 NYCRR
418-2), school-aged child care (18 NYCRR 414), adult day health care
(10 NYCRR 425), social adult day care (9 NYCRR 665-20), or adult day
program for children or adults in a protective setting
A fence 4 feet to 6 feet high must enclose an outdoor play area.
A day-care center may be an accessory use to a place of assembly,
or primary or secondary school.
|
•
|
P
|
P
|
P
|
P
|
•
|
|
Pet care/boarding
|
Establishment providing a supervised area where groups of pets
can socialize and play. This includes related training, grooming,
and/or overnight boarding.
Outdoor play yard use may be between 8:00 a.m. and 8:00 p.m.
|
•
|
•
|
•
|
•
|
SP
|
SP
|
|
Restaurant/bar
|
Establishment preparing and selling food, drinks, and/or alcoholic
beverages in a ready-to-consume state, to customers on-site or delivery
off-site
In the CW2A, CW2B, and CW3A subareas, the following limitations
for ancillary alcohol production and packaging for distribution off-site
apply. In the CW3B and CW4 subareas, a special permit is required
to exceed these limits.
(a) Production and packaging area: less than or equal to 50%
of total gross floor area.
(b) Beer: 15 barrels of beer/17.5 hectoliter (hl) brewing system.
(c) Distilled spirits: 150 gallons/6.0 hl still capacity.
(d) Wine or cider: 1,700 gallons/65 hl fermenter capacity.
|
•
|
SP
|
SP
|
SP
|
P
|
P
|
|
Retail and service
|
Retail/rental or service activity providing a service or tangible
product to the general public, less than 10,000 square feet GFA
|
•
|
SP
|
SP
|
SP
|
P
|
P
|
|
Retail - outdoor market
|
Regularly recurring grouping of allowed retail and service or
restaurant uses at a dedicated site (example: farmers' market, food
truck corral)
|
•
|
P
|
P
|
P
|
P
|
P
|
(6)
Industrial and semi-industrial uses.
|
Industrial and Semi-Industrial Use
|
Description and Conditions
|
CW1
|
CW2A
|
CW2B
|
CW3A
|
CW3B
|
CW4
|
|---|---|---|---|---|---|---|---|
|
Artisan
|
Establishment or studio where people use handheld tools or small-scale
equipment to make art or products by hand. This includes related sales
onsite
|
•
|
P
|
P
|
P
|
P
|
P
|
|
Industrial - low-impact
|
Manufacture mainly from previously prepared materials, preparation,
processing, indoor warehousing, or repair of items for offsite distribution
or sale, where impacts are minimal or undetectable beyond the site;
involving no flammable or explosive material, or processes involving
hazardous conditions
|
•
|
•
|
•
|
•
|
P
|
P
|
|
Industrial - high-impact
|
Basic processing or manufacture of materials or products mainly
from extracted or raw materials; storage or manufacturing processes
using flammable or explosive materials; or storage or manufacturing
processes involving hazardous conditions
|
•
|
•
|
•
|
•
|
•
|
SP
|
|
Research/laboratory
|
Establishment conducting scientific research, investigation,
testing, or experimentation. This includes related manufacture or
sale of products incidental to the main purpose of the laboratory.
|
•
|
•
|
•
|
•
|
SP
|
SP
|
|
Self-storage facility
|
Facility providing secured storage units or areas in a structure
for passive storage of household items, or other nonhazardous, nonperishable
durable items
Storage units/areas must be in a fully enclosed structure. A
storage facility must not have outdoor storage.
Related sales of packing, moving, and storage supplies may be
an ancillary use.
A storage unit/area must be for passive storage only. It must
not have active uses (examples: office or manufacturing work, band
practice, art studio, auto repair).
A storage unit/area must not have electrical outlets, plumbing,
or other improvements that could make it useful for active uses. Electrical
service to a storage unit/area must be for lighting and climate control.
|
•
|
•
|
•
|
•
|
•
|
P
|
(7)
Civic uses.
|
Civic Use
|
Description and Conditions
|
CW1
|
CW2A
|
CW2B
|
CW3A
|
CW3B
|
CW4
|
|---|---|---|---|---|---|---|---|
|
Makerspace
|
Community facility providing an open, collaborative environment
for people to learn, experiment, invent, or make things using shared
tools, resources, and knowledge
|
•
|
P
|
P
|
P
|
P
|
P
|
|
Cultural facility
|
Facility for display, performance, or enjoyment of heritage,
history, arts, or sciences (examples: museum, gallery, library, arts
performance venue by a public or private entity)
|
•
|
P
|
P
|
P
|
P
|
•
|
|
Government facility
|
Facility or office owned, occupied, or run by a government agency
(examples: town hall, courthouse, government office, social service
facility, public works facility)
|
•
|
P
|
P
|
P
|
P
|
•
|
|
Park/open space
|
Land used mainly for active or passive recreation, or natural
resource protection
Small ancillary structures, such as gazebos, pavilions and maintenance
sheds, allowed
See § 271-17E(2) for park/open space types and requirements.
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Place of assembly
|
Facility used mainly for public/resident assembly for worship,
meeting, or community purposes (examples: religious congregation,
secular assembly, community center, common house, amenity center)
|
•
|
P
|
P
|
P
|
P
|
•
|
|
Private club
|
Facility of a private club or organization, mostly available
only to club members and their guests (examples: service organization,
lodge-based organization, social club, veterans' club, labor union)
|
•
|
•
|
•
|
P
|
P
|
•
|
|
Public safety
|
Police station, fire station, ambulance service, or other public
safety service
|
•
|
•
|
•
|
P
|
P
|
•
|
|
School: primary/secondary
|
Institution providing primary or secondary education (examples:
kindergarten, elementary school, junior high school, middle school,
high school)
|
•
|
P
|
P
|
P
|
P
|
•
|
|
School: vocational
|
Establishment providing training in technical subjects or skills
for specific occupations or trades
|
•
|
P
|
P
|
P
|
P
|
P
|
(8)
Utility and infrastructure uses.
|
Utility and Infrastructure Use
|
Description and Conditions
|
CW1
|
CW2A
|
CW2B
|
CW3A
|
CW3B
|
CW4
|
|---|---|---|---|---|---|---|---|
|
Utility control facilities
|
Facility for collecting, processing, or distributing a public
utility commodity (examples: electrical substation, water tank and
pumps, telephone switching office and exchange)
An enclosed building, or vegetative screening or screening wall
that is architecturally compatible with the nearest principal building
must screen and conceal a utility substation, switchyard, or other
area with exposed outdoor equipment (examples: transformer, regulator,
breaker, switch, pump) from public vantage points and adjacent uses.
Screening does not need to be taller than 12 feet.
|
•
|
P
|
P
|
P
|
P
|
P
|
|
District heating/cooling plant
|
Facility providing centralized heating or cooling for multiple
buildings or developments
|
•
|
•
|
•
|
•
|
P
|
P
|
(9)
Accessory uses.
|
Accessory Use
|
Description and Conditions
|
CW1
|
CW2A
|
CW2B
|
CW3A
|
CW3B
|
CW4
|
|---|---|---|---|---|---|---|---|
|
Home occupation
|
Business activity subordinate to a residential use in a dwelling
unit
See Town Code § 270-219.2.
|
•
|
P
|
P
|
P
|
P
|
•
|
|
Temporary building
|
A temporary building for commerce or industry, necessary or
incidental to site development, construction, or property sales or
leasing
A temporary building may be continued through project completion.
|
•
|
P
|
P
|
P
|
P
|
P
|
E.
Neighborhood design.
(2)
Civic and open space.
(a)
Required civic and open space areas. The greater PD Zone 16
area must have more than or equal to 15% of its gross area assigned
for parks, open space, and sites devoted for civic uses. Civic and
open space types, settings and requirements include the following:
|
Key:
| |
|
✓
|
Civic/open space type allowed
|
|
•
|
Civic/open space type not allowed
|
|
Civic/Open Space Type
|
Description and Conditions
|
CW1
|
CW2A
|
CW2B
|
CW3A
|
CW3B
|
CW4
|
|---|---|---|---|---|---|---|---|
|
Civic use site
|
Area devoted to arts, culture, education, recreation, government, or community related uses [See § 271-17D(7).]
Sites for civic uses should be located at or close to the center
of a built-up area, next to a civic/open space or at the axial termination
of a prominent thoroughfare.
|
•
|
✓
|
✓
|
✓
|
✓
|
✓
|
|
Neighborhood park
|
A medium-scale public space that provides a balance of active
and passive recreation for residents in the surrounding neighborhood;
may include open play areas, open shelters with picnic tables, playgrounds,
athletic fields and courts, dog park
Perimeter with street frontage: more than or equal to 50%
Size: more than or equal to 1 acre
|
•
|
✓
|
✓
|
✓
|
✓
|
✓
|
|
Trail/linear park
|
A linear space for off-street walking, hiking, and cycling;
includes shortcuts through blocks, linkages between neighborhood areas
and trails through open space areas
Perimeter with street frontage: not applicable
Size: not applicable
|
✓
|
✓
|
✓
|
✓
|
✓
|
✓
|
|
Green/square
|
A public space for civic purposes, gathering, unstructured recreation,
and other passive uses.
Spatially defined by building frontages, tree-lined streets,
and landscaping
Perimeter with street frontage: more than or equal to 50%
Size: 10,000 square feet to 2 acres
|
•
|
•
|
✓
|
•
|
✓
|
✓
|
|
Pocket park
|
A small-scale public space in an urban setting, providing recreational
opportunities where publicly accessible parks or open space is limited.
The range of character can be for intense use or aesthetic enjoyment;
low maintenance is essential.
Perimeter with street frontage: more than or equal to 25%
Size: 2,500 square feet to 10,000 square feet
|
•
|
✓
|
✓
|
•
|
✓
|
✓
|
|
Preserve
|
Description: public space in a mostly undeveloped state that
preserves a natural or scenic resource
Perimeter with street frontage: more than or equal to 10%
Size: more than or equal to 5 acres
|
✓
|
✓
|
✓
|
✓
|
✓
|
✓
|
(b)
Civic and open space calculation. Civic and open space calculation
does not include the following:
[1]
Areas inside a lot (or site envelope) for a specific building
type.
[2]
A yard, balcony, patio, or other outdoor space for use or access
only by a specific dwelling unit or limited number of dwelling units.
[3]
Public or private thoroughfare/street right-of-way, or integral
features (such as sidewalks and tree lawn areas).
[4]
Parking area or driveway.
[5]
Stormwater detention/retention facility or drainage swale area,
unless design allows practical use as an accessible year-round amenity
for residents of the development (picnic area, passive recreation
area, playground, and the like), or it is a bioswale that visually
integrates into the larger open space site.
[6]
Entry feature, median, or traffic island.
(c)
Civic and open space configuration.
[1]
Civic and open space areas must function as part of the broader
public realm and allow community-wide access and passage.
[2]
The outer edge of a civic or open space area must have direct
frontage on a thoroughfare as indicated in the table above, so it
is visible and promotes a sense of physical safety, and to reinforce
its role as a shared or community resource. The preceding sentence
does not apply to trail/linear parks.
(3)
Thoroughfares.
(a)
Overview.
[1]
Thoroughfare assemblies for the Chain Works District intend
to create streets, roads and sidewalks that prioritize slow and safe
travel for people walking; people riding bikes; people taking transit;
people driving in cars; and people moving freight. The specific dimensions
focus on keeping lane widths as narrow as practical to calm traffic.
On-street parking is encouraged wherever possible to buffer and protect
people walking on sidewalks from auto traffic. Vehicular traffic speed
and counts are kept low to facilitate shared multimodal uses.
[2]
Many thoroughfare assemblies are designed around a yield condition,
where two-way traffic is allowed but vehicles must yield to oncoming
traffic to pass. This yield condition is described by the American
Association of State Highway and Transportation Officials (AASHTO)
as typical for residential streets, and it creates the conditions
most conducive to naturally slow and careful driving, as is necessary
to make roads safe for people walking and biking.
(b)
Thoroughfare assembly Type A. Assembly Type A is a yield condition
street that may include occasional bump outs into the parking area,
to accommodate street trees if there is not room for a continuous
tree lawn due to site topography. With two eight-foot travel lanes,
average size cars (six feet wide) will easily pass each other but
will naturally slow down to do so. On rare occasions when two larger
vehicles encounter each other, they may need to yield to pass in driveways,
intersections, or open parking spaces. People riding bikes will ride
in the traffic lanes due to the low expected speeds and traffic counts
on these streets.
|
Thoroughfare type
|
Street
|
 |
|
Subarea
|
CW2, CW3
| |
|
Thoroughfare assembly width
|
More than or equal to 56 feet
| |
|
Pavement width
|
More than or equal to 30 feet
| |
|
Design speed
|
Less than or equal to 25 miles per hour
| |
|
Vehicle travel lanes
|
Shared lane of 16 feet to 20 feet
| |
|
Parking lanes
|
1 or 2 sides, 7 feet to 8 feet wide, marked or unmarked, fixed
or alternating side
| |
|
Curb radius
|
Less than or equal to 10 feet
| |
|
Walkway type
|
Sidewalk, 2 sides, more than or equal to 5 feet wide [See § 271-17E(3)(g) for exceptions.], more than or equal to 8 feet wide at mixed use
| |
|
Planting strip type
|
1 or 2 sides, more than or equal to 7-foot-wide continuous tree
lawn or planter bump outs
| |
|
Curb type
|
Barrier curb
| |
|
Landscape type
|
Trees at less than or equal to 30 feet on center average (20
feet minimum, 40 feet maximum)
| |
|
Transportation provision
|
Bus route and bikes share lane
Bike lanes more than or equal to 5 feet wide, 2 sides (optional)
|
(c)
Thoroughfare assembly Type B. Assembly Type B is intended to
be used between residential clusters where parking is not needed and
as access between existing surface parking lots. This yield condition
street will handle low traffic volumes and will encourage slow travel
speeds where walking and biking are prioritized. With 16 feet clear
space in the lane and the availability of adjacent sidewalk space
without obstructions, fire trucks will be able to access and extend
outriggers easily in emergency situations. However, other large vehicles
should not frequently use these roads under nonemergency circumstances.
|
Thoroughfare type
|
Street
|
|
|
Subarea
|
CW2A, CW2B, CW3A, CW3B
| |
|
Thoroughfare assembly width
|
More than or equal to 40 feet
| |
|
Pavement width
|
More than or equal to 16 feet
| |
|
Design speed
|
Less than or equal to 25 miles per hour
| |
|
Vehicle travel lanes
|
16 feet to 20 feet; shared lane of 16 feet to 20 feet
| |
|
Parking lanes
|
None
| |
|
Curb radius
|
Less than or equal to 10 feet
| |
|
Walkway type
|
2 sides/more than or equal to 5-foot-wide sidewalk [See § 271-17E(3)(g) for exceptions.]
| |
|
Planting strip type
|
1 or 2 sides, more than or equal to 8-foot-wide continuous tree
lawn
| |
|
Curb type
|
Barrier curb
| |
|
Landscape type
|
Trees at less than or equal to 30 feet on center average (20
feet minimum, 40 feet maximum)
| |
|
Transportation provision
|
Bikes share lane
Bike lanes more than or equal to 5 feet wide, 2 sides (optional)
|
(d)
Thoroughfare assembly Type C. Assembly Type C is a one-way thoroughfare
with parallel parking on one side. The narrow lanes, low speeds and
limited traffic make this assembly appropriate for people riding bikes
to share the lane with slow moving cars. This assembly may also function
as a public alley or driveway.
|
Thoroughfare type
|
Street
|
 |
|
Subarea
|
CW2A, CW2B, CW3A, CW3B
| |
|
Thoroughfare assembly width
|
More than or equal to 36 feet
| |
|
Pavement width
|
More than or equal to 16 feet wide
| |
|
Design speed
|
Less than or equal to 25 miles per hour
| |
|
Vehicle travel lanes
|
1 lane, one-way, 8 feet to 10 feet wide
| |
|
Parking lanes
|
1 side, 7 feet to 8 feet wide unmarked, fixed or alternating
side
| |
|
Curb radius
|
Less than or equal to 10 feet
| |
|
Walkway type
|
2 sides, more than or equal to 5-foot-wide sidewalk [See § 271-17E(3)(g) for exceptions.]
| |
|
Planting strip type
|
1 or 2 sides, more than or equal to 8-foot-wide continuous tree
lawn
| |
|
Curb type
|
Barrier curb
| |
|
Landscape type
|
Trees at less than or equal to 30 feet on center average (20
feet minimum, 40 feet maximum)
| |
|
Transportation provision
|
Bikes share lane
Bike lanes more than or equal to 5 feet wide, 1 or 2 sides (optional)
|
(e)
Thoroughfare assembly Type D. Assembly Type D is a truck and
bus access route to Buildings 33 and 34. Active industrial uses in
this area will require access by large trucks, other kinds of vehicles,
and pedestrians.
|
Thoroughfare type
|
Industrial access
|
 |
|
Subarea
|
CW4
| |
|
Thoroughfare assembly width
|
n/a
| |
|
Pavement width
|
More than or equal to 20 feet with 4-foot shoulders
| |
|
Design speed
|
Less than or equal to 30 miles per hour
| |
|
Vehicle travel lanes
|
2 lanes, more than or equal to 10 feet wide
| |
|
Parking lanes
|
None
| |
|
Curb radius
|
Less than or equal to 30 feet
| |
|
Walkway type
|
2 sides, more than or equal to 5-foot-wide sidewalk; more than
or equal to 3 feet wide where preexisting buildings are a constraint
| |
|
Planting strip type
|
2 sides, continuous tree lawn more than or equal to 8 feet wide
| |
|
Curb type
|
Mountable or no curb
| |
|
Landscape type
|
Trees at less than or equal to 30 feet on center average (20
feet minimum/40 feet maximum)
| |
|
Transportation provision
|
Bikes share lane
Bike lanes more than or equal to 5 feet wide, 2 sides (optional)
|
(f)
Thoroughfare assembly Type E. Assembly Type E is a typical residential
or mixed-use area street for places where topography and building
widths do not constrain the width available for road space. Where
area is slightly more constrained, travel lanes may be eight feet
to nine feet wide, to calm speeds and encourage yield driving conditions.
|
Thoroughfare type
|
Street
|
 |
|
Subarea
|
CW2A, CW2B, CW3A, CW3B
| |
|
Thoroughfare assembly width
|
More than or equal to 60 feet
| |
|
Pavement width
|
More than or equal to 34 feet
| |
|
Design speed
|
Less than or equal to 30 miles per hour
| |
|
Vehicle travel lanes
|
2 lanes, more than or equal to 10 feet wide
| |
|
Parking lanes
|
2 sides, 7 feet to 8 feet wide marked
| |
|
Curb radius
|
Less than or equal to 10 feet
| |
|
Walkway type
|
2 sides, sidewalk, more than or equal to 5 feet wide [See § 271-17E(3)(g) for exceptions.], more than or equal to 8 feet wide at mixed use
| |
|
Planting strip type
|
2 sides, continuous tree lawn or hardscape street furniture
area more than or equal to 7 feet wide
| |
|
Curb type
|
Barrier curb
| |
|
Landscape type
|
Trees at less than or equal to 30 feet on center average (20
feet minimum, 40 feet maximum)
| |
|
Transportation provision
|
Bus route and bikes share lane
Bike lanes more than or equal to 5 feet wide, 2 sides (optional)
|
(g)
Thoroughfare layout.
[1]
Access. A thoroughfare must be permanently open to the public
and provide community-wide access as part of an overall connected
street network. A thoroughfare must not have gated access.
[2]
Thoroughfare layout.
[a]
A thoroughfare (not including an alley or stubout
provision) must begin and end at other thoroughfares.
[b]
A neighborhood street may not begin or end at an
alley.
[c]
The street pattern must have stubout thoroughfares
to provide future access to adjacent development or redevelopment
sites and ensure broader neighborhood interconnectivity. A stubout
thoroughfare must have the same level of improvements as other thoroughfares
in the PD Zone 16 area.
[3]
Blocks. A thoroughfare network should have blocks less than
or equal to 800 feet long (measured where thoroughfare center lines
meet, not including alleys) on their longest side where practical
given site topography and other physical limitations.
[4]
Intersections. Thoroughfares should intersect at approximately
right angles as much as possible.
[5]
Surfacing. A thoroughfare must have hard surface paving (porous
or solid asphalt, concrete, or segmental pavers) for sidewalks, parking
lanes, and travel lanes.
[6]
Design speed. Thoroughfare design speed should consider the
topography, anticipated operating speed, the adjacent land use, and
the functional classification of the street. Designers should select
a design speed to use in geometric decisions based on safe operating
speeds in a complex environment rather than observed speeds. Thoroughfare
design may use context appropriate design and traffic calming to reduce
and stabilize operating speeds.
[7]
Emergency vehicle access.
[a]
Clear width of a thoroughfare serving as a fire
apparatus access road must follow relevant Fire Code of New York State
requirements; or provisions of a variance to Fire Code requirements.
Clear width may include these areas, if they are adjoining, and have
an all-weather load capacity that follows Fire Code requirements.
[b]
Fire Code clear width requirements do not apply
to traffic calming features that allow passage of fire apparatus.
[c]
If there is a conflict between thoroughfare requirements
and New York State Fire Code fire apparatus road requirements, Fire
Code requirements apply.
[8]
Planting strip landscaping.
[a]
A planting strip must have more than or equal to
one street tree every 20 feet to 40 feet along its length, with average
spacing of less than or equal to 30 feet along the block length.
[b]
A maximum of 25% of street trees in the greater
PD Zone 16 area may be from a single tree species.
[c]
Tree species for required plantings must have these
traits:
[d]
Street tree species must also have these traits:
[i]
CW2A and CW2B Subareas: mature height of more than or equal
to 40 feet.
[ii]
CW3A and CW3B Subareas: mature height of more than or equal
to 30 feet.
[iii]
A crown that can grow to shade a sidewalk and
street.
[iv]
Downward-oriented root system.
[v]
Salt tolerant.
[vi]
Not brittle or prone to dropping heavy fruit.
[vii]
Diameter at breast height (DBH) of more than
or equal to two inches at planting.
[e]
Two street trees with a mature height of more than
or equal to 20 feet, and a DBH of more than or equal to 1.5 inches
at planting, may substitute for one street tree with a mature height
of more than or equal to 30 feet for 50% of required street trees.
[9]
Walkways and planting strip width. Walkway and planting strip
width may be narrower than the minimum to accommodate buildings existing
before adoption of this PD zone, or unavoidable natural or special
features. Walkway and planter width reduction must be the minimum
necessary to reasonably accommodate any obstacles.
(4)
Utilities.
(a)
Permanent utilities (water, sewer, natural gas, district heating/cooling,
electricity, wired communications, and the like) must be underground.
Short-term utility service for construction activities may be above
ground.
(b)
A utility easement must be in a location where maintenance or
repair work will cause the least disruption. Utility easement location
must not prevent or undermine street tree planting.
F.
Site and building design.
(1)
Site envelope as a lot equivalent. To regulate buildings that do
not have their own lot, site requirements are applied to a site envelope
delineated around a primary building. A site envelope is the functional
equivalent of a lot of record for neighborhood and site planning.
For the purposes of this PD zone, requirements that apply to a lot
also apply to a site envelope. A site plan must define site envelopes
for each unit in a townhouse; or for each principal building, where
a lot or building site has more than or equal to one principal building
if underlying land will have condominium, cooperative, or single ownership.
(2)
Building types.
(a)
Overview: permitted building types and transect subareas. Principal
building types, and the transect subareas in which they can be located,
are as follows:
|
Key:
| |
|
✓
|
Building type allowed
|
|
•
|
Building type not allowed
|
|
Building Type
|
CW1
|
CW2A
|
CW2B
|
CW3A
|
CW3B
|
CW4
|
|---|---|---|---|---|---|---|
|
Small house [§ 271-17F(2)(b)]
|
•
|
✓
|
✓
|
✓
|
•
|
•
|
|
Large house [§ 271-17F(2)(c)]
|
•
|
✓
|
✓
|
✓
|
•
|
•
|
|
Cottage [§ 271-17F(2)(d)]
|
•
|
✓
|
✓
|
✓
|
•
|
•
|
|
3-4 unit house [§ 271-17F(2)(e)]
|
•
|
✓
|
✓
|
✓
|
•
|
•
|
|
Mansion apartment building [§ 271-17F(2)(f)]
|
•
|
✓
|
✓
|
✓
|
✓
|
•
|
|
Townhouse [§ 271-17F(2)(g)]
|
•
|
✓
|
✓
|
✓
|
✓
|
•
|
|
Apartment building [§ 271-17F(2)(h)]
|
•
|
•
|
✓
|
✓
|
✓
|
•
|
|
Courtyard apartment building [§ 271-17F(2)(i)]
|
•
|
•
|
✓
|
✓
|
✓
|
•
|
|
Main street mixed use [§ 271-17F(2)(j)]
|
•
|
✓
|
✓
|
✓
|
✓
|
•
|
|
Commercial building [§ 271-17F(2)(k)]
|
•
|
•
|
•
|
•
|
✓
|
•
|
|
Large footprint building [§ 271-17F(2)(l)]
|
•
|
•
|
•
|
•
|
•
|
✓
|
(b)
Small house.
[1]
Description: detached building with one or two dwelling units,
with a total gross living area (GLA) of less than 1,500 square feet.
 |
 |
 |
[2]
Disposition.
|
Lot Dimensions
|
CW2A
|
CW2B
|
CW3A
|
 | |
|
LA
|
Lot area (minimum/maximum) (square feet)
|
1,500 - 5,000
|
1,500 - 5,000
|
1,500 - 5,000
| |
|
LW
|
Lot width (minimum/maximum) (feet)
|
20 - 50
|
20 - 50
|
20 - 50
| |
|
BC
|
Building coverage on lot (maximum)
|
Less than or equal to 70%
|
Less than or equal to 70%
|
Less than or equal to 70%
| |
|
Building Disposition
|
CW2A
|
CW2B
|
CW3A
| ||
|
FS
|
Front setback (minimum/maximum) feet
|
5 - 15
|
5 - 15
|
5 - 15
| |
|
FL
|
Facade length (maximum) (feet)
|
Less than or equal to 24
|
Less than or equal to 24
|
Less than or equal to 24
| |
|
CSS
|
Corner side setback (minimum/maximum) (feet)
|
5 - 25
|
5 - 25
|
5 - 25
| |
|
SS
|
Side setback (minimum/maximum) (feet)
|
0 - 10
|
0 - 10
|
0 - 10
| |
|
RS
|
Rear setback (minimum) (feet)
|
More than or equal to 5
|
More than or equal to 5
|
More than or equal to 5
| |
|
Building Height
|
CW2A
|
CW2B
|
CW3A
| ||
|
Stories (minimum/maximum)
|
1 - 2 1/2
|
1 - 2 1/2
|
1 - 2 1/2
| ||
|
Story height (minimum) (feet)
|
More than or equal to 9
|
More than or equal to 9
|
More than or equal to 9
| ||
|
Other Required Elements
| |||||
|
Required frontage feature: stoop or porch.
| |||||
|
Main entrance location: facing sidewalk.
| |||||
|
Visible light reflectance (VLR) of reflective wall surface material
must be less than or equal to 15%.
| |||||
(c)
Large house.
[1]
Description: detached building with one or two dwelling units,
with a total gross living area (GLA) of more than or equal to 1,500
square feet.
 |
 |
 |
[2]
Disposition.
|
Lot Dimensions
|
CW2A
|
CW2B
|
CW3A
|
 | |
|
LA
|
Lot area (minimum) (square feet)
|
More than or equal to 3,000
|
More than or equal to 3,000
|
More than or equal to 3,000
| |
|
LW
|
Lot width (minimum/maximum) (feet)
|
35 - 100
|
35 - 100
|
35 - 100
| |
|
BC
|
Building coverage on lot (maximum)
|
Less than or equal to 70%
|
Less than or equal to 70%
|
Less than or equal to 70%
| |
|
Building Disposition
|
CW2A
|
CW2B
|
CW3A
| ||
|
FS
|
Front setback (minimum/maximum) (feet)
|
5 - 15
|
5 - 15
|
5 - 15
| |
|
FL
|
Facade length (maximum) (feet)
|
Less than or equal to 36
|
Less than or equal to 36
|
Less than or equal to 36
| |
|
CSS
|
Corner side setback (minimum/maximum) (feet)
|
5 - 25
|
5 - 25
|
5 - 25
| |
|
SS
|
Side setback (minimum/maximum) (feet)
|
5 - 25
|
5 - 25
|
5 - 25
| |
|
RS
|
Rear setback (minimum) (feet)
|
More than or equal to 25
|
More than or equal to 25
|
More than or equal to 25
| |
|
Building Height
|
CW2A
|
CW2B
|
CW3A
| ||
|
Stories (maximum)
|
Less than or equal to 2 1/2
|
Less than or equal to 2 1/2
|
Less than or equal to 2 1/2
| ||
|
Story height (minimum) (feet)
|
More than or equal to 9
|
More than or equal to 9
|
More than or equal to 9
| ||
|
Other Required Elements
| |||||
|
Required frontage feature: stoop or porch.
| |||||
|
Main entrance location: facing sidewalk.
| |||||
|
Visible light reflectance (VLR) of reflective wall surface material
must be less than or equal to 15%.
| |||||
(d)
Cottage.
[1]
Description: detached building with one dwelling unit, on a
less than or equal to 1,500 square feet lot. Cottages may be grouped
together around a court, used individually on small infill lots, or
located as accessory dwelling units on lots with a larger primary
residential building.
 |
 |
 |
[2]
Disposition.
|
Lot Dimensions
|
CW2A
|
CW2B
|
CW3A
|
CW3B
|
 | |
|
LA
|
Lot area (minimum) (square feet)
|
More than or equal to 1,500
|
More than or equal to 1,500
|
More than or equal to 1,500
|
More than or equal to 1, 500
| |
|
LW
|
Lot width (minimum/maximum) (feet)
|
20 - 40
|
20 - 40
|
20 - 40
|
20 - 40
| |
|
BC
|
Building coverage on lot (maximum)
|
Less than or equal to 70%
|
Less than or equal to 70%
|
Less than or equal to 70%
|
Less than or equal to 70%
| |
|
Building Disposition
|
CW2A
|
CW2B
|
CW3A
|
CW3B
| ||
|
FS
|
Front setback (minimum/maximum) (feet)
|
5 - 15
|
5 - 15
|
5 - 15
|
5 - 15
| |
|
FL
|
Facade length (maximum) (feet)
|
Less than or equal to 24
|
Less than or equal to 24
|
Less than or equal to 24
|
Less than or equal to 24
| |
|
CSS
|
Corner side setback (minimum/maximum) (feet)
|
5 - 25
|
5 - 25
|
5 - 25
|
5 - 25
| |
|
SS
|
Side setback (minimum) (feet)
|
More than or equal to 5
|
More than or equal to 5
|
More than or equal to 5
|
More than or equal to 5
| |
|
RS
|
Rear setback (minimum) (feet)
|
More than or equal to 5
|
More than or equal to 5
|
More than or equal to 5
|
More than or equal to 5
| |
|
Building Height
|
CW2A
|
CW2B
|
CW3A
|
CW3B
| ||
|
Stories (maximum)
|
Less than or equal to 2 1/2
|
Less than or equal to 2 1/2
|
Less than or equal to 2 1/2
|
Less than or equal to 2 1/2
| ||
|
Story height (minimum) (feet)
|
More than or equal to 9
|
More than or equal to 9
|
More than or equal to 9
|
More than or equal to 9
| ||
|
Other Required Elements
| ||||||
|
Required frontage feature: stoop or porch.
| ||||||
|
Main entrance location: facing courtyard or sidewalk.
| ||||||
|
Visible light reflectance (VLR) of reflective wall surface material
must be less than or equal to 15%.
| ||||||
(e)
3-4 unit house.
[1]
Description: detached building with three or four dwelling units.
 |
 |
 |
[2]
Disposition.
|
Lot Dimensions
|
CW2A
|
CW2B
|
CW3A
|
 | |
|
LA
|
Lot area (minimum) (square feet)
|
6,000 - 18,000
|
4,000 - 18,000
|
4,000 - 8,000
| |
|
LW
|
Lot width (minimum/maximum) (feet)
|
30 - 90
|
30 - 90
|
30 - 90
| |
|
BC
|
Building coverage on lot (maximum)
|
Less than or equal to 80%
|
Less than or equal to 80%
|
Less than or equal to 80%
| |
|
Building Disposition
|
CW2A
|
CW2B
|
CW3A
| ||
|
FS
|
Front setback (minimum/maximum) (feet)
|
5 - 15
|
5 - 15
|
2 - 8
| |
|
FL
|
Facade length (maximum) (feet)
|
Less than or equal to 44
|
Less than or equal to 44
|
Less than or equal to 44
| |
|
CSS
|
Corner side setback (minimum/maximum) (feet)
|
5 - 25
|
5 - 25
|
2 - 25
| |
|
SS
|
Side setback (minimum/maximum) (feet)
|
5 - 30
|
5 - 30
|
5 - 20
| |
|
RS
|
Rear setback (minimum) (feet)
|
More than or equal to 25
|
More than or equal to 25
|
More than or equal to 25
| |
|
Building Height
|
CW2A
|
CW2B
|
CW3A
| ||
|
Stories (maximum)
|
Less than or equal to 3
|
Less than or equal to 3
|
Less than or equal to 3
| ||
|
Story height (minimum) (feet)
|
More than or equal to 9
|
More than or equal to 9
|
More than or equal to 9
| ||
|
Other Required Elements
| |||||
|
Required frontage feature: stoop or porch.
| |||||
|
Main entrance location: facing sidewalk.
| |||||
|
Visible light reflectance (VLR) of reflective wall surface material
must be less than or equal to 15%.
| |||||
(f)
Mansion apartment building.
[1]
Description: building that looks like a large detached house,
with four to nine dwelling units.
 |
 |
 |
[2]
Disposition.
|
Lot Dimensions
|
CW2A
|
CW2B
|
CW3A
|
CW3B
|
 | |
|
LA
|
Lot area (minimum) (square feet)
|
10,000 - 36,000
|
10,000 - 36,000
|
10,000 - 36,000
|
10,000 - 36,000
| |
|
LW
|
Lot width (minimum/maximum) (feet)
|
60 - 100
|
50 - 100
|
50 - 100
|
50 - 100
| |
|
BC
|
Building coverage on lot (maximum)
|
Less than or equal to 50%
|
Less than or equal to 50%
|
Less than or equal to 50%
|
Less than or equal to 50%
| |
|
Building Disposition
|
CW2A
|
CW2B
|
CW3A
|
CW3B
| ||
|
FS
|
Front setback (minimum/maximum) (feet)
|
15 - 50
|
15 - 50
|
15 - 50
|
15 - 50
| |
|
FL
|
Facade length (maximum) (feet)
|
n/a
|
n/a
|
Less than or equal to 60
|
Less than or equal to 60
| |
|
CSS
|
Corner side setback (minimum/maximum) (feet)
|
15 - 50
|
15 - 50
|
15 - 50
|
15 - 50
| |
|
SS
|
Side setback (minimum) (feet)
|
20 - 50
|
20 - 50
|
20 - 50
|
5 - 20
| |
|
RS
|
Rear setback (minimum) (feet)
|
More than or equal to 40
|
More than or equal to 40
|
More than or equal to 40
|
More than or equal to 20
| |
|
Building Height
|
CW2A
|
CW2B
|
CW3A
|
CW3B
| ||
|
Stories (maximum)
|
Less than or equal to 3
|
Less than or equal to 3
|
Less than or equal to 3
|
Less than or equal to 3
| ||
|
Story height (minimum) (feet)
|
More than or equal to 9
|
More than or equal to 9
|
More than or equal to 9
|
More than or equal to 9
| ||
|
Other Required Elements
| ||||||
|
Required frontage feature: stoop or porch.
| ||||||
|
Main entrance location: facing courtyard or sidewalk.
| ||||||
|
Visible light reflectance (VLR) of reflective wall surface material
must be less than or equal to 15%.
| ||||||
(g)
Townhouse.
[1]
Description: building (or attached but functionally discrete
section of a larger building) with one to three stacked dwelling units,
on a narrow lot, that shares a side party wall with another townhouse.
A townhouse has its own entry doors from outside, which are not shared
with other townhouses.
 |
 |
 |
[2]
Disposition.
|
Lot Dimensions
|
CW2A
|
CW2B
|
CW3A
|
CW3B
|
 | |
|
LA
|
Lot area (minimum) (square feet)
|
1,200 - 3,000
|
1,200 - 3,000
|
1,200 - 3,000
|
1,200 - 3,000
| |
|
LW
|
Lot width (minimum/maximum) (feet)
|
15 - 40
|
15 - 40
|
15 - 30
|
15 - 30
| |
|
BC
|
Building coverage on lot (maximum)
|
Less than or equal to 50%
|
Less than or equal to 50%
|
Less than or equal to 50%
|
Less than or equal to 70%
| |
|
Building Disposition
|
CW2A
|
CW2B
|
CW3A
|
CW3B
| ||
|
FS
|
Front setback (minimum/maximum) (feet)
|
5 - 15
|
5 - 15
|
5 - 15
|
0 - 10
| |
|
FL
|
Facade length (maximum) (feet)
|
Less than or equal to 40
|
Less than or equal to 40
|
Less than or equal to 40
|
Less than or equal to 40
| |
|
CSS
|
Corner side setback (minimum/maximum) (feet)
|
5 - 15
|
5 - 15
|
5 - 15
|
0 - 15
| |
|
SS
|
Side setback (minimum) (feet)
|
0 or 5 - 15
|
0 or 5 - 15
|
0 or 5 - 15
|
0 or 5 - 15
| |
|
RS
|
Rear setback (minimum) (feet)
|
More than or equal to 5
|
More than or equal to 5
|
More than or equal to 5
|
More than or equal to 5
| |
|
Building Height
|
CW2A
|
CW2B
|
CW3A
|
CW3B
| ||
|
Stories (maximum)
|
Less than or equal to 3
|
Less than or equal to 4
|
Less than or equal to 4
|
Less than or equal to 4
| ||
|
Story height (minimum) (feet)
|
More than or equal to 9
|
More than or equal to 9
|
More than or equal to 9
|
More than or equal to 9
| ||
|
Other Required Elements
| ||||||
|
Required frontage feature: stoop or porch.
| ||||||
|
Main entrance location: facing courtyard or sidewalk.
| ||||||
|
Visible light reflectance (VLR) of reflective wall surface material
must be less than or equal to 15%.
| ||||||
(h)
Apartment building.
[1]
Description: building with six or more dwelling units.
 |
 |
 |
[2]
Disposition.
|
Lot Dimensions
|
CW2B
|
CW3A
|
CW3B
|
 | |
|
LA
|
Lot area (minimum) (square feet)
|
10,000 - 72,000
|
10,000 - 72,000
|
10,000 - 72,000
| |
|
LW
|
Lot width (minimum/maximum) (feet)
|
40 - 200
|
40 - 200
|
40 - 200
| |
|
BC
|
Building coverage on lot (maximum)
|
Less than or equal to 60%
|
Less than or equal to 60%
|
Less than or equal to 75%
| |
|
Building Disposition
|
CW2B
|
CW3A
|
CW3B
| ||
|
FS
|
Front setback (minimum/maximum) (feet)
|
10 - 20
|
10 - 20
|
0 - 15
| |
|
FL
|
Facade length (maximum) (feet)
|
Less than or equal to 180
|
Less than or equal to 180
|
Less than or equal to 180
| |
|
CSS
|
Corner side setback (minimum/maximum) (feet)
|
10 - 20
|
10 - 20
|
0 - 20
| |
|
SS
|
Side setback (minimum/maximum) (feet)
|
5 - 15
|
5 - 15
|
5 - 15
| |
|
RS
|
Rear setback (minimum) (feet)
|
More than or equal to 25
|
More than or equal to 25
|
More than or equal to 25
| |
|
Building Height
|
CW2B
|
CW3A
|
CW3B
| ||
|
Stories (maximum)
|
Less than or equal to 4
|
Less than or equal to 3
|
Less than or equal to 6
| ||
|
Story height (minimum) (feet)
|
More than or equal to 9
|
More than or equal to 9
|
More than or equal to 9
| ||
|
Building Articulation
| |||||
|
VP
|
Street-facing facades must have vertically oriented projections
or recesses less than or equal to 30 feet apart (exceptions: not required
above fifth story, or where windows are consistently recessed more
than or equal to 4 inches).
| ||||
|
HP
|
Street-facing facades must have horizontally oriented projection
between the first and third stories.
| ||||
|
SB
|
Buildings more than or equal to 50 feet tall must have a front-façade
stepback of more than or equal to 4 feet between 20 feet and 60 feet
above grade.
| ||||
|
| |||||
|
Other Required Elements
|
| ||||
|
Required frontage feature: stoop or at-grade entry.
|
| ||||
|
Main entrance location: facing sidewalk.
| |||||
 | |||||
(i)
Courtyard apartment building.
[1]
Description: building with six or more dwelling units, with
a courtyard recessed into the front facade.
 |
 |
 |
[2]
Disposition.
|
Lot Dimensions
|
CW2B
|
CW3A
|
CW3B
|
 | |
|
LA
|
Lot area (minimum) (square feet)
|
10,000 - 72,000
|
10,000 - 72,000
|
10,000 - 72,000
| |
|
LW
|
Lot width (minimum/maximum) (feet)
|
60 - 240
|
60 - 240
|
60 - 240
| |
|
BC
|
Building coverage on lot (maximum)
|
Less than or equal to 80%
|
Less than or equal to 80%
|
Less than or equal to 80%
| |
|
Building Disposition
|
CW2B
|
CW3A
|
CW3B
| ||
|
FS
|
Front setback (minimum/maximum) (feet)
|
0 - 10
|
0 - 10
|
0 - 10
| |
|
FL
|
Facade length (maximum) (feet)
|
Less than or equal to 200
|
Less than or equal to 200
|
Less than or equal to 220
| |
|
CSS
|
Corner side setback (minimum/maximum) (feet)
|
0 - 15
|
0 - 15
|
0 - 15
| |
|
SS
|
Side setback (minimum/maximum) (feet)
|
5 - 15
|
5 - 15
|
5 - 15
| |
|
RS
|
Rear setback (minimum) (feet)
|
More than or equal to 10
|
More than or equal to 10
|
More than or equal to 10
| |
|
Building Height
|
CW2B
|
CW3A
|
CW3B
| ||
|
Stories (maximum)
|
Less than or equal to 4
|
Less than or equal to 3
|
Less than or equal to 6
| ||
|
First story storefront height (minimum) (feet)
|
More than or equal to 12
|
More than or equal to 12
|
More than or equal to 12
| ||
|
Story height (minimum) (feet)
|
More than or equal to 9
|
More than or equal to 9
|
More than or equal to 9
| ||
|
Building Articulation
| |||||
|
CD
|
Courtyard depth (minimum): 20 feet
| ||||
|
CW
|
Courtyard width (minimum): 30 feet
| ||||
|
VP
|
Street-facing facades must have vertically oriented projections
or recesses less than or equal to 30 feet apart (exceptions: not required
above fifth story, or where windows are consistently recessed more
than or equal to 4 inches).
| ||||
|
HP
|
Street facing facades must have horizontally oriented projection
between the first and third stories.
| ||||
|
SB
|
Buildings more than or equal to 50 feet tall must have a front-façade
stepback of more than or equal to 4 feet between 20 feet and 60 feet
above grade.
| ||||
|
| |||||
|
Other Required Elements
|
| ||||
|
Required frontage feature: stoop or at-grade entry.
|
| ||||
|
Main entrance location: facing sidewalk.
| |||||
|
| |||||
(j)
Main street mixed-use
building.
[1]
Description: building with ground floor retail space; and upper
floors with additional retail, apartments, offices, or low-impact
industrial space. Main street mixed-use buildings are built up to
the sidewalk, and often share party walls with neighboring buildings.
 |
 |
 |
[2]
Disposition.
|
Lot Dimensions
|
CW2A
|
CW2B
|
CW3A
|
CW3B
|
 | |
|
LA
|
Lot area (minimum) (square feet)
|
More than or equal to 4,000
|
More than or equal to 4,000
|
More than or equal to 4,000
|
More than or equal to 4,000
| |
|
LW
|
Lot width (minimum/maximum) (feet)
|
20 - 100
|
20 - 100
|
20 - 150
|
20 - 200
| |
|
BC
|
Building coverage on lot (maximum)
|
Less than or equal to 80%
|
Less than or equal to 80%
|
Less than or equal to 80%
|
Less than or equal to 80%
| |
|
Building Disposition
|
CW2A
|
CW2B
|
CW3A
|
CW3B
| ||
|
FS
|
Front setback (minimum/maximum) (feet)
|
5 - 15
|
0 - 10
|
5 - 15
|
0 - 10
| |
|
FL
|
Facade length (maximum) (feet)
|
Less than or equal to 80
|
Less than or equal to 80
|
Less than or equal to 120
|
Less than or equal to 180
| |
|
CSS
|
Corner side setback (minimum/maximum) (feet)
|
5 - 15
|
0 - 15
|
5 - 15
|
0 - 15
| |
|
SS
|
Side setback (minimum/maximum) (feet)
|
0 or 5 - 15
|
0 or 5 - 15
|
0 or 5 - 15
|
0 or 5 - 15
| |
|
RS
|
Rear setback (minimum) (feet)
|
More than or equal to 25
|
More than or equal to 25
|
More than or equal to 25
|
More than or equal to 25
| |
|
Building Height
|
CW2A
|
CW2B
|
CW3A
|
CW3B
| ||
|
Stories (maximum)
|
Less than or equal to 4
|
Less than or equal to 4
|
Less than or equal to 4
|
Less than or equal to 6
| ||
|
First-story storefront height (minimum) (feet)
|
More than or equal to 12
|
More than or equal to 12
|
More than or equal to 12
|
More than or equal to 12
| ||
|
Upper story height (minimum) (feet)
|
More than or equal to 9
|
More than or equal to 9
|
More than or equal to 9
|
More than or equal to 9
| ||
|
Building Articulation
| ||||||
|
VP
|
Street-facing facades must have vertically oriented projections
or recesses less than or equal to 30 feet apart (exceptions: not required
above fifth story, or where windows are consistently recessed more
than or equal to 4 inches).
| |||||
|
HP
|
Street-facing facades must have horizontally oriented projection
between the first and third stories.
| |||||
|
SB
|
Buildings more than or equal to 50 feet tall must have a front-façade
stepback of more than or equal to 4 feet between 20 feet and 60 feet
above grade.
| |||||
|
| |||||
|
Other Required Elements
|
| ||||
|
Required frontage feature: storefront.
|
| ||||
|
Main entrance location: facing sidewalk.
| |||||
|
| |||||
(k)
Commercial building.
[1]
Description: multistory principal building for nonresidential
uses. It may have ground floor storefront frontage.
 |
 |
 |
[2]
Disposition.
|
Lot Dimensions
|
CW3B
|
 | |
|
LA
|
Lot area (minimum) (square feet)
|
No minimum
| |
|
LW
|
Lot width (minimum/maximum) (feet)
|
100 - 300
| |
|
BC
|
Building coverage on lot (maximum)
|
Less than or equal to 80%
| |
|
Building Disposition
|
CW3B
| ||
|
FS
|
Front setback (minimum/maximum) (feet)
|
0 - 10
| |
|
FL
|
Facade length (maximum) (feet)
|
Less than or equal to 180
| |
|
CSS
|
Corner side setback (minimum/maximum) (feet)
|
0 - 15
| |
|
SS
|
Side setback (minimum/maximum) (feet)
|
0 or 5 - 15
| |
|
RS
|
Rear setback (minimum) (feet)
|
More than or equal to 10
| |
|
Building Height
|
CW3B
| ||
|
Stories (maximum)
|
2 - 6
| ||
|
First-story storefront height (minimum) (feet)
|
More than or equal to 9
| ||
|
Upper story height (minimum) (feet)
|
More than or equal to 9
| ||
|
Building Articulation
| |||
|
VP
|
Street-facing facades must have vertically oriented projections
or recesses less than or equal to 30 feet apart (exceptions: not required
above fifth story, or where windows are consistently recessed more
than or equal to 4 inches).
| ||
|
HP
|
Street-facing facades must have horizontally oriented projection
between the first and third stories.
| ||
|
SB
|
Buildings more than or equal to 50 feet tall must have a front-façade
stepback of more than or equal to 4 feet between 20 feet and 60 feet
above grade.
| ||
|
Other Required Elements
| |||
|
Required frontage feature: storefront.
| |||
|
Main entrance location: facing sidewalk.
| |||
(l)
Large footprint building.
[1]
Description: large commercial or mixed-use building on a lot
of more than or equal to 50,000 square feet. This building type is
intended for preexisting former factory buildings in the Chain Works
District.
 |
 |
 |
[2]
Disposition.
|
Lot Dimensions
|
CW4
|
 | |
|
LA
|
Lot area (minimum) (square feet)
|
n/a
| |
|
LW
|
Lot width (minimum/maximum) (feet)
|
n/a
| |
|
BC
|
Building coverage on lot (maximum)
|
n/a
| |
|
Building Disposition
|
CW4
| ||
|
FS
|
Front setback (minimum/maximum) (feet)
|
0 - 10
| |
|
FL
|
Facade length (maximum) (feet)
|
n/a
| |
|
CSS
|
Corner side setback (minimum/maximum) (feet)
|
0 - 15
| |
|
SS
|
Side setback (minimum/maximum) (feet)
|
20 - 60
| |
|
RS
|
Rear setback (minimum) (feet)
|
20 - 60
| |
|
Building Height
|
CW4
| ||
|
Stories (maximum)
|
2 - 6
| ||
|
First-story storefront height (minimum) (feet)
|
More than or equal to 12
| ||
|
Upper story height (minimum) (feet)
|
More than or equal to 9
| ||
|
Other Required Elements
| |||
|
Required frontage feature: storefront or at-grade entry.
| |||
|
Main entrance location: facing sidewalk.
| |||
(3)
Accessory building siting. Any accessory buildings
on a lot must be:
(4)
Encroachments. Provisions in Town Code Chapter 270 (Zoning) (or successor code) allowing certain building features to encroach beyond setback or height limits apply.
(5)
Building design: required features.
(a)
Building entrance and frontage features.
[1]
Required frontage feature. A principal building must have a
visually prominent entrance on the front elevation, with a frontage
feature that this table allows for the building type.
|
Key:
| |
|
✓
|
Allowed frontage feature for the building type
|
|
•
|
Frontage feature not allowed for the building type
|
|
Frontage Feature
|
Small House
|
Large House
|
Cottage
|
3-4 Unit House
|
Mansion Apartment
|
Town-house
|
Apartment Building
|
Courtyard Building
|
Main Street mixed-use Building
|
Commercial Building
|
Large Footprint Building
|
|
Porch
|
✓
|
✓
|
✓
|
✓
|
✓
|
✓
|
•
|
•
|
•
|
•
|
•
|
|
Stoop
|
✓
|
✓
|
✓
|
✓
|
✓
|
✓
|
✓
|
✓
|
•
|
•
|
•
|
|
Storefront
|
•
|
•
|
•
|
•
|
•
|
•
|
•
|
✓
|
✓
|
✓
|
✓
|
|
At-grade entry
|
•
|
•
|
•
|
•
|
•
|
•
|
✓
|
✓
|
•
|
✓
|
✓
|
[2]
Porch. A porch is a raised, roofed platform that is architecturally
integral to a building, forming an articulated entryway and semiprivate
social space. (A deck, sunroom, or three-season room is not a porch.)
[b]
Requirements.
[i]
A porch on the front elevation should be unenclosed.
[ii]
The area under a porch and its stairs should be enclosed with
a material that is visually solid, or has a 3:1 solid-to-void ratio.
[iii]
A roof that is architecturally integral to the
building should fully cover the porch. (Stair coverage is optional.)
[iv]
A porch should have a door that is an entrance to the building.
[3]
Stoop. A stoop is a small raised platform, structurally and
architecturally integral to a building, forming part of an entryway.
A deck, or prefabricated metal or fiberglass entrance stair system,
is not a stoop.
[b]
Requirements.
[i]
A stoop should have an entrance to the building with one or
more of these features.
[ii]
Portico or porte-cochere covering more than or equal to 16 square
feet, with support columns more than or equal to eight inches wide.
[iii]
Vestibule projecting more than or equal to three
feet from the exterior building wall.
[iv]
Entrance recess more than or equal to two feet into the exterior
building wall.
[v]
Pediment with flanking pilasters more than or equal to eight
inches wide.
[vi]
Entry door with a sidelight and transom window, or sidelight
windows on both sides.
[4]
Storefront. A storefront is a ground floor facade with a highly
transparent surface area, designed to serve primarily as a display
area and primary entrance for retail, commercial, or service uses.
[a]
Dimensions.
[b]
Requirements. A storefront should
have all of these features.
[i]
Piers, or other vertical elements that define the storefront
bay.
[ii]
Display windows more than or equal to six feet tall, two feet
to three feet above the sidewalk.
[iii]
Fascia, sign band, transom window, or potential
awning area for signage.
[iv]
Transparency (window and door coverage) requirements are in
the window and door area requirements above.
[5]
At-grade entry. An at-grade entry is a ground level (zero or
one step) entrance into a building foyer, lobby, or entrance hall.
[a]
Requirements. An at-grade entry should have an
entry door with one or more of these features.
[i]
A structurally and architecturally integral roof, portico, or
porte cochere covering more than or equal to 32 square feet, with
support columns more than or equal to 10 inches wide.
[ii]
An entrance recess more than or equal to three feet into the
exterior building wall, covering more than or equal to 32 square feet.
[iii]
A vertically defined bay with a different cladding
pattern than other bays.
(b)
Four-sided design. A building must have consistent material
treatment, architectural details and features (trim, decorative moldings,
light fixtures, brackets, columns, railings, cornice treatment, and
similar features), proportions, colors, and other elements that help
define the building style.
(c)
Accessory building design. A permanent accessory building must
have material treatment, architectural details, proportions, and colors
that are consistent with the principal building.
(6)
Building design: guidelines.
(a)
Applicability.
[1]
These design guidelines assist in design and review of new construction
and modifications to existing sites and structures in the PD Zone
16 area. These guidelines provide substantive direction while also
providing reasonable flexibility in their application.
[2]
Design of new buildings, and modifications to existing buildings,
should comply with the guidelines of this section as much as practicable,
as the Planning Board determines. The applicant has the burden of
demonstrating why it is not practicable to apply a certain guideline,
or why the design is a superior alternative to a design that follows
these guidelines. Cost alone does not justify approval of noncompliant
design.
(b)
Design consistency on visible elevations. Elevations of a building
that are visible from the public realm should share a similar fenestration
and wall articulation pattern.
(d)
Cladding materials.
[1]
Cladding materials for different building types. This table
shows allowed cladding materials for specific building types.
[a]
Sixty percent to 100% of cladding area on a wall
should be one or a combination of an allowed primary (P) cladding
material.
[b]
Less than or equal to 40% of cladding area on a
wall may be one or a combination of an allowed secondary (S) cladding
material.
|
Cladding Material
|
Small House
|
Large House
|
Cottage
|
3-4 Unit House
|
Mansion Apartment
|
Townhouse
|
Apartment Building
|
Courtyard Building
|
Main Street mixed-use Building
|
Commercial Building
|
Large Footprint Building
|
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Architectural wall panel
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
Block (polished, or integral dye or pigment color; not "natural"
with no integral color)
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
Brick (integral color, nominal size more than or equal to 3
units per square foot)
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
P
|
P
|
|
Brick (integral color, nominal size more than or equal to 4
units per square foot)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Metal: corrugated or standing seam (made for architectural use)
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
Precast masonry, ceramic, or terra-cotta trim and cornice elements
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Shingles or shakes (wood, fiber cement, polymer)
|
P
|
P
|
P
|
P
|
P
|
P
|
S
|
S
|
S
|
S
|
S
|
|
Siding: horizontal/lap or vertical (wood, fiber cement, polymer;
not plywood-based, or OSB without zinc borate treatment)
|
P
|
P
|
P
|
P
|
P
|
P
|
S
|
S
|
S
|
S
|
S
|
|
Siding: horizontal/lap or vertical (vinyl more than or equal
to 0.044 inch/1.2mm thick, steel more than or equal to 0.0179 inch/0.45mm
thick)
|
P
|
P
|
P
|
P
|
P
|
P
|
•
|
•
|
•
|
•
|
•
|
|
Stone (natural or manufactured)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Stucco or EIFS (drainable)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
[2]
Cladding material change on an elevation.
[a]
Cladding material along a wall or elevation should only change:
[3]
A sill or cap should define horizontal material
(e)
Trim. Exterior walls with siding should have the following trim.
[1]
Doors and windows: surround more than or equal to 3.5 inches
wide on all windows and doors.
[2]
Outside corners: corner board more than or equal to 3.5 inches
wide on all outside corners; or mitered edges aligning materials on
each wall.
[3]
Roof overhangs and eaves: frieze more than or equal to 3.5 inches
wide.
(7)
Window and door area. An elevation of a principal building or detached
accessory unit (not including garage doors or garage door bays) should
have the following window and door area.
(a)
Applicable to: small house, large house, 3-4 unit house, cottage,
mansion apartment, townhouse.
[1]
Front, corner side, and public realm-facing elevation: more
than or equal to 15% window/door area on each story.
(b)
Applicable to: apartment building, courtyard apartment building.
(c)
Applicable to: Main street mixed-use building, commercial building,
large footprint building.
[1]
Ground story, storefronts: more than or equal to 70% window/door
area between two feet and 12 feet above grade. Functional entries
to the building must be an average of less than or equal to 75 feet
apart along street frontages.
[2]
Ground story, general: front, corner side, and public realm-facing
elevations: more than or equal to 15% window/door area. Functional
entries to the building must be an average of more than or equal to
75 feet apart along street frontages.
[3]
Upper stories, front, corner side, public realm-facing, and
downhill side elevation: more than or equal to 15% window/door area
on each story.
[4]
Upper stories, other walls (not including party walls): more
than or equal to 10% window/door area on each story.
(8)
Blank wall area. On building elevations facing the public realm,
horizontal separation between window/door openings and other window/door
openings or an outside corner on an elevation should be less than
or equal to 10 feet on each story.
(9)
Awnings.
(a)
Awnings should take the form of a traditional wedge with valence,
lateral arm retractable, or concave awning. Awnings should not take
the form of vinyl waterfall or bubble awnings.
(b)
Awnings should not be backlit.
(c)
Awnings on storefronts should be more than or equal to four
feet deep. Adjustable roll-up awnings are encouraged.
(d)
Storefront awnings may encroach into the public pedestrianway,
if all parts of it are more than or equal to seven feet above grade.
(10)
Rooftop equipment screening.
(a)
Rooftop HVAC, utility, and mechanical equipment, enclosures,
ducts, or related accessories should have visual screening of the
same height or higher to conceal them. Screening should be visually
opaque, and architecturally integral to the building (examples: roof
well, parapet wall, pitched roof element, architectural roof screen
that matches building colors). This does not apply to antennas or
solar panels.
(b)
Color of a plumbing or exhaust vent, pipe, or flue that penetrates
a roof should match the roof color.
(11)
Dwelling unit individuality.
(a)
Applicable to: townhouse. Architectural design should include
one of or more of these elements.
[1]
Bays or offsets that give each unit their own visual identity.
[2]
Different massing, fenestration pattern, or cladding material
use for each unit.
[3]
Prominent wing or bay projecting from each unit.
[4]
Different gable orientation or roof profile for each unit.
[5]
Gable, hip, or shed dormers.
[6]
Variation in design of porches or stoops.
[7]
Horizontal articulation for buildings on a slope.
G.
Utility and service areas. Rooftop or ground-mounted mechanical equipment,
utility areas, and trash enclosure or storage areas must have concealment
or screening that hides them from view beyond the lot. Form of concealment
or screening must be opaque, and architecturally consistent or integral
with the host structure. This does not apply to solar panels, or buildings
in the CW4 Subarea.
H.
Off-street parking.
(1)
Off-street parking siting.
(a)
Off-street surface parking must not be in a front or corner
side yard, between a building and a street.
(b)
Off-street parking access must be from an alley or a driveway
less than or equal to 16 feet wide, unless a wider width is required
for emergency vehicle access.
(c)
Surface parking areas and shared garage/carport structures must
be dispersed through the developed part of the site as much as possible
to reduce visual impact.
(d)
A parking lot must have a sidewalk or paved walkway to provide
pedestrian access from nearby thoroughfares.
(2)
Visual screening.
(a)
A parking area must not be visually dominant. Building siting,
landscaping, or architectural treatment must screen a parking area
(not including an individual driveway) from thoroughfares and residential
areas outside of the PD Zone 16 area. Screening must be:
[1]
A solid wall or continuous hedge three feet to four feet tall
along a property line or street frontage;
[2]
A solid wall or continuous hedge 2.5 feet to three feet tall
in a clear sight triangle; and
[3]
A solid wall five feet to seven feet high along a property line
where a parking lot is on the lot of an apartment, courtyard apartment,
main street mixed-use, commercial, or large footprint building, and
a small house, large house, cottage, 3-4 unit house, mansion apartment
building, or townhouse.
(b)
This requirement does not apply to parking areas existing on
the effective date of this section that will be retained.
(c)
Shrubbery plantings for screening must grow to form a continuous
hedge 2.5 feet to three feet tall within three years of planting.
(4)
Landscape islands.
(a)
A parking lot must have more than or equal to one landscaped
interior island (more than or equal to 8.5 feet wide, more than or
equal to 160 square feet) for every 10 parking spaces.
(b)
A row of parking spaces must have a landscape island (or equivalent
landscape area) at each end.
(c)
A row of parking that is not interrupted by a landscape island
must be less than 10 spaces long.
(d)
A landscape island should function as part of the larger stormwater
management system of the Chain Works District.
(5)
Renewable energy.
(a)
Electric vehicle charging station.
[1]
Any parking space (on-street and off-street, for any type of
vehicle) may have an electric vehicle charging station.
[2]
More than or equal to 5% of new off-street parking spaces must
have utility provisions for future electric vehicle charging stations.
[3]
An electric vehicle charging station, or a group of two or more
vehicle charging stations, is not a service or gas station, for the
purposes of these PD zone regulations.
(b)
Solar carport. A solar carport may cover any off-street parking
space.
I.
Landscaping.
(2)
Off-street parking area planting.
(a)
Off-street surface parking areas must have tree planting with
a combined canopy that will shade more than or equal to 50% of the
parking area (parking spaces and drive aisles) at maturity. Solar
carport coverage area may substitute for tree canopy area.
(b)
A parking lot landscape island must have more than or equal
to one canopy tree for every row or tier of parking spaces it sits
alongside.
(3)
Tree traits and size for required planting.
(a)
Tree species for required plantings must have these traits:
(b)
Canopy tree species must have a mature height of more than or
equal to 40 feet. Short tree species must have a mature height of
more than or equal to 20 feet.
(c)
A canopy tree planting must have a diameter at breast height
(DBH) of more than or equal to two inches. A short tree planting must
have a DBH of more than or equal to 1.5 inches.
J.
Fences and walls.
(1)
Height.
(a)
Maximum fence or wall height is less than or equal to three
feet in a front or corner side setback area or clear sight triangle;
and less than or equal to six feet tall elsewhere.
(b)
Walls for utility service areas [§ 271-17F(7)] must be tall enough to conceal ground-mounted mechanical equipment, utility areas, and trash enclosure or storage areas from view beyond the lot, up to eight feet.
(c)
Wall requirements for parking lot visual screening are in § 271-17F(8)(b).
(2)
Materials.
(a)
Acceptable materials for walls include brick, stone, split-faced
block, decorative blocks, cast stone, and glass blocks.
(b)
Acceptable materials for fences include wood, composite fencing,
wrought iron, PVC/vinyl, or welded wire panels. This does not apply
to deer fencing, snow fencing, and temporary fencing for construction
and short-term activities.
(c)
Barbed wire, concertina wire, and chain link are not acceptable,
except for temporary fencing for construction activities.
(d)
Walls for utility service areas [§ 271-17F(7)] must be architecturally consistent or integral with the host structure.
K.
Signs. Signs must conform to current Town of Ithaca Sign Law[1] (or successor code) standards for the following:
(2)
CW2A and CW2B Subareas: residential and other uses: standards for
the residential and commercial (or successor) zones.
(3)
CW3A and CW3B Subareas: attached signs: standards for commercial
(or successor) zones.
(4)
CW3A and CW3B Subareas: freestanding signs: standards for commercial
(or successor) zones.
(a)
Where sign regulations allow a freestanding sign height of more
than or equal to four feet, the maximum freestanding sign height in
a transect zone is four feet.
(b)
Where sign regulations allow a freestanding sign face area of
more than or equal to 32 square feet, the maximum freestanding sign
face area in a transect zone is 32 square feet.
M.
Administration.
(1)
Site plan review and modification.
(b)
Site plan modification.
[1]
Zoning Code requirements for changes or additions to a building or site that need site plan modification review and approval apply in PD Zone 16. (See Zoning Code § 270-191.)
[2]
The fact that changes and additions do not require site plan modification does not allow construction that violates any other provision of this section or of Town Code Chapter 270 (Zoning), nor the requirement to obtain a building permit in those circumstances when otherwise required by the terms of this section, Town Code Chapter 270 (Zoning), or the New York State Uniform Fire Prevention and Building Code.
(2)
Violations and enforcement.
(a)
Any violation of the provisions in this section is a violation of the Zoning Code (Town Code Chapter 270), and is punishable according to the Zoning Code and New York State Town Law § 268. Each week's continued violation is a separate offense. The Town of Ithaca reserves for itself, its agencies, and all other persons having an interest, all remedies and rights to enforce these PD zone provisions. This includes, without limitation, actions for any injunction or other equitable remedy, or action and damages, if owners or lessees of lots covered by this section do not comply with these PD zone provisions or the Zoning Code.
(b)
If any building or land development activity takes place in
violation of this section, the Town may withhold any building permit,
certificate of occupancy, or certificate of compliance, and/or prevent
occupancy of the building or land.
(3)
Town Code applicability. All provisions of the Town of Ithaca Code
apply to all development, structures, and uses in PD Zone 16, except
as otherwise stated in these PD zone provisions.
N.
BLOCK (CONTEXT OF ROADS OR THOROUGHFARES)
CLEAR SIGHT TRIANGLE
(1)
(2)
DESIGN SPEED
DWELLING UNIT [use in Section 271-17C(8)]
ELEVATION (context of structure)
ELEVATION, CORNER SIDE
ELEVATION, FRONT
FENESTRATION
FOOTPRINT
FRONTAGE
FRONTAGE BUILDOUT
GROUND COVER
HUMAN-SCALE (context of the built environment)
LANDSCAPING
LOT
LOT LINE, CORNER SIDE
LOT LINE, FRONT
LOT LINE, INTERIOR SIDE or LOT LINE, SIDE
LOT LINE, REAR
(1)
(2)
(3)
mixed-use
NEIGHBORING
PAVEMENT, FIXED
PAVEMENT, POROUS
PEDESTRIAN
PUBLIC REALM
RIGHT-OF-WAY
SCALE
SETBACK
SETBACK, CORNER SIDE
SETBACK, FRONT
SETBACK, REAR
SETBACK, SIDE OR SETBACK, INTERIOR SIDE
SHRUB
SITE ENVELOPE
STORY
STORY HEIGHT
STORY, HALF
(1)
(2)
STUBOUT THOROUGHFARE
THOROUGHFARE
USE
VISIBLE LIGHT REFLECTANCE (VLR)
YARD
YARD, CORNER SIDE
YARD, FRONT
YARD, INTERIOR SIDE OR YARD, SIDE
YARD, REAR
ZONING CODE
Definitions. These words or terms have a special meaning for these
PD zone provisions.
Area bounded by thoroughfares, or a combination of thoroughfares
and barriers to continued development (examples: public land, waterway).
Triangular area between points on flow lines that follow lot
or right-of-way lines a certain distance from an intersection, or
a driveway or drive aisle edge, where drivers will have a clear view
of possible hazards, and there are no fences, boundary or screening
walls, leafy crowns of trees or shrubs, street furniture, sign faces
or monument structures, or utility boxes in the way of sight lines
from three feet to eight feet above the ground.
A clear sight triangle area is formed by lines following intersecting
thoroughfare right-of-way lines for 30 feet from their intersection;
or lines following a thoroughfare right-of-way line, and a driveway
edge or alley right-of-way line, for 15 feet from their intersection;
and a diagonal line connecting the two end points of those lines.
Target maximum speed for motor vehicle travel on a street.
Design speed is a factor in roadway design, considering geometry (super
elevation, curve radii, sight distance, vertical curve length, roadway
or lane width), paving materials, traffic calming, street furniture,
landscaping, relationship to pedestrians and cyclists, topography,
and context of the surrounding built and natural environment. Design
speed is not necessarily the same as safe maximum operating speed,
or posted speed limit.
Building, house, apartment, or room or group of connected
rooms, occupied or set up as separate living quarters for living,
sleeping, cooking, eating, bathing, and sanitation by a household.
Side or face of a building, from a head-on parallel projection
view.
For a building on a corner lot, the building side facing
a bounding secondary street, perpendicular to the front elevation.
Building side facing a bounding street right-of-way, thoroughfare,
court, or other common area, forming its face.
Arrangement, proportion, size, shape, and location of windows
and doors on a building elevation.
Ground area that a structure or site feature covers.
Area between a building facade and a neighboring thoroughfare
or court, including built and vegetated components.
Length of building along frontage within setbacks of a block.
Low-growing plants and grasses that are native to the land,
or grown for ornamental or environmental value. Invasive plants or
common garden weeds are not ground cover.
Spaces, structures, buildings, materials, and design elements
with a scale, size, or granularity that relates to and fits well with
human measurements, senses, behaviors, and physical capabilities,
particularly people who are not in a motor vehicle. This contrasts
with "automotive scale" or "monumental scale."
Intentional placement of living plants like trees, shrubs,
plants, ground cover, or turf grass (softscaping); and any complementary
materials, features, furniture, or art that improves the landscape
by design (hardscaping).
Land area that a legal plat or subdivision defines, with
fixed boundaries and a single tax ID number, next to a public street
right-of-way, or a private street or drive with permanent access to
the public right-of-way.
On a corner lot, a lot line that borders a public frontage,
or separates a lot from a thoroughfare (not including alleys); and
opposite the interior side lot line.
Lot line that borders a public frontage or contextual lot
front, or separates a lot from a thoroughfare (not including alleys).
Lot line off the front lot line, not bordering a thoroughfare.
Lot line opposite the front lot line, not bordering a thoroughfare
or alley.
For a corner lot, a rear lot line is the lot line running roughly
parallel to the rear facade of a structure.
For a lot where side lot lines meet in a point at the rear,
the rear lot line (for measuring setbacks) is an imaginary five-foot-wide
line parallel to the front lot line, that connects the side lot lines.
For a through lot, a rear lot line is the line that borders
a public frontage, opposite the functional or contextual front lot
line.
Different uses in the same building or general area, by adjacency
or sharing the same space.
Next or diagonally opposite to a lot, use, or object; or
directly or diagonally opposite to a lot, use, or object, but separated
by a street, alley, right-of-way, easement, or other linear common
or shared area.
Durable, fixed surface formed from asphalt, concrete, tightly
spaced segmental pavers, and/or similar durable materials, both pervious
and impervious.
Durable surface allowing easy passage of water through pores.
This includes segmental pavers, open cell pavers, and similar products;
and ribbon/double track driveways with wheel strips of a durable pavement
material. This does not include crushed stone, wood chips, dirt, grass,
or other loose or unimproved surfaces.
Person traveling by foot, wheelchair or mobility aid, or
unpowered device with small wheels (examples: roller skates, stroller).
Outdoor area accessible to the public, including thoroughfares,
trails, parks, and civic spaces. This includes thoroughfares, sidewalks,
parks, trails, and civic spaces.
Lot, grant, or easement for a travel or transmission path,
route, or corridor.
Relationship between height, width, and depth of a building.
Distance at a right angle ( 90°) from a lot line into
the lot. Setbacks define an area in a lot where this code allows certain
buildings, structures, or improvements. A setback is distinct from,
but usually included in a yard area.
Distance from a corner side lot line along or following a
street right-of-way.
Distance from a front lot line.
Distance from a rear lot line. For a pie-slice-shaped lot
that is not a corner lot, rear setback measurement is from the point
where side lot lines meet in the back yard.
Distance from an interior side lot line that is not next
to a street right-of-way.
Woody plants with a bushy form.
Land area on an approved site plan, that is functionally
the same as a lot of record for neighborhood and site planning. A
site envelope does not imply or enable a current or future subdivision
plat or individual ownership.
Habitable level in a building, not including an attic or
basement.
Distance from the floor to the floor of the story above;
or for the top floor, the top of the ceiling joists above.
Top habitable level in a building:
Under a flat roof, where GFA with a ceiling height of more than
or equal to seven feet is less than or equal to 50% of the GFA of
the story underneath; and all enclosed floor area is more than or
equal to 20 feet behind the front facade; or
Under a peaked roof, where GFA with a ceiling height of more
than or equal to seven feet is less than or equal to 75% of the GFA
of the story underneath.
Improved dead-end thoroughfare ending at the boundary of
a development site, serving as a provision for later extension and
connection to thoroughfares and development beyond the site.
Paved travel way with travel lanes for vehicles and bicycles,
parking lanes, and/or sidewalks or paths; and related infrastructure
and/or amenities; in a defined right-of-way, lot or easement.
Activity that a building, lot, or space is improved, occupied,
or kept for.
Percentage or amount of visible light reflected by a window
or other surface.
Part of a lot between a principal structure and the bounding
lot line.
Part of a lot between a principal structure and the corner
side lot line, not including front yard area.
Part of a lot between the front lot line, and the contextual
front facade of a principal structure, extended from the rearmost
corners of the front facade and the side lot lines.
Part of a lot between a principal structure and the interior
side (or side alley) lot line, not including front yard or rear yard
area.
Town of Ithaca Code Chapter 270, or successor document.
