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Town of Ithaca, NY
Tompkins County
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Table of Contents
Table of Contents
[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.
[Added 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).
[1]
Editor's Note: Numbering refers to the Zoning Ordinance as it existed in 1984, when this section was adopted. See now § 270-6.
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:
(a) 
There is a need for the proposed use in the proposed location.
(b) 
The existing and probable future character of the neighborhood will not be adversely affected.
(c) 
The proposed change is in accordance with a comprehensive plan of development in the Town.
(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.
(f) 
Signs, subject to the provisions in Subsection B(4)(e) 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.
(b) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(5)(b), regarding exterior design, specifications and plans, as amended, was repealed 5-7-2012 by L.L. No. 5-2012.
(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.
(f) 
No noise originating on the property contained in this Planned Development Zone shall exceed the limits set forth in Town of Ithaca Code § 270-155 or in Town of Ithaca Code Chapter 184, whichever is more restrictive.
(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.
(6) 
This Planned Development Zone shall be added and hereby is added to the Official Zoning Map of the Town of Ithaca at the location given in Schedule A below.[2]
[2]
Editor's Note: Said Schedule A is included at the end of § 271-3.
(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.
Schedule A
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]
Situate in the Town of Ithaca, County of Tompkins, State of New York.
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:
1.
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;
2.
Thence westerly 200 feet more or less, to the northwest corner of said Stout property;
3.
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;
4.
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;
5.
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;
6.
Thence easterly along Leonardo's southerly line 600 feet to a point;
7.
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;
8.
Thence easterly along Bessou's southerly line, 700 feet more or less to the center line of Route 96B and the Point of Beginning.
Containing 20.3 acres, more or less.
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:
Situate in the Town of Ithaca, County of Tompkins, State of New York.
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;
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);
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';
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';
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);
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.
[Adopted 8-13-1984 by L.L. No. 4-1984; amended 9-9-1985 by L.L. No. 6-1985]
RESOLVED:
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:
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.
(2) 
Such covenants and restrictions shall run with the land and may be enforced by any one or more of the following:
(a) 
The Town Board.
(b) 
Any owner of any of the lots (2 - 15) covered by this section.
(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.
Schedule A
Description of Land of Rocco Lucente on Sapsucker Woods Road
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.
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.
[1]
Editor's Note: Said Schedule A is included at the end of § 271-4.
[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."
[1]
Editor's Note: Numbering refers to the Zoning Ordinance as it existed in 1986, when this section was adopted. See now § 270-6.
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]
(1) 
Any use permitted in an R9, R15, R30 or Multiple Residence District.
(2) 
Any use permitted in an Agricultural District.
(3) 
Any use permitted in an A, B, or E Business District (restaurant use only).
(4) 
Signs, subject to the provisions in Subsection D below.
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.
[3]
Editor's Note: Said Schedule A is included at the end of § 271-5.
(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.
[4]
Editor's Note: Said Schedule A is included at the end of § 271-6.
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 Tompkins County
Being Rezoned Special Land Use District No. 3
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins County, State of New York, more particularly described as follows:
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;
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.
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.
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."
[1]
Editor's Note: Numbering refers to the Zoning Ordinance as it existed in 1987, when this section was adopted. See now § 270-6.
B. 
The uses and strucures 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:
[a] 
150 or,
[b] 
If less, the maximum permitted by the New York State Uniform Fire Prevention and Building Code.
[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.
(6) 
Signs, subject to the provisions in Subsection D below.
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.
[3]
Editor's Note: Said Schedule A is included at the end of § 271-6.
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
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:
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;
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.
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.
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]
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."
B. 
The uses and structures permitted in Planned Development Zone No. 5 are:
[Amended 8-7-2017 by L.L. No. 12-2017]
(1) 
Any use permitted in a Medium Density Residential Zone;
(2) 
Professional offices for occupancy by nonprofit entities (subject to the further provisions stated herein); and
(3) 
Visitors' information center or tourism center for the area, in either instance operated by a not-for-profit or municipal entity.
(4) 
Signs, subject to the provisions in Subsection D below.
C. 
Notwithstanding the foregoing, no uses shall be permitted if not pursuant to and consistent with a unified plan for the Planned Development Zone (Limited Mixed Use) as such is initially approved by the Planning Board and subsequently amended with the approval of the Planning Board.
D. 
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 occupancies 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.
[Amended 8-7-2017 by L.L. No. 12-2017]
E. 
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 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) 
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 Article XXIII requires Planning Board approval for modifications), pursuant to the provisions of Article XXIII and other applicable provisions of Chapter 270.
(2) 
Building permits shall be required for any construction, including construction of signs, walls, and outdoor lighting facilities. Such permits shall not be issued until the Planning Board has approved the design and specifications for any items for which a building permit is sought.
(3) 
Any construction for which a permit is granted shall comply with all applicable laws, codes, ordinances, rules and regulations.
F. 
In addition to the requirements and restrictions set forth above occupancy and use of the premises shall be further limited as follows:
(1) 
No building permit shall be issued until a plan shall have been submitted to the Planning Board and approved by the Planning Board showing adequate parking and access to be maintained within the zone.
(2) 
Once constructed, any building on the premises shall have no more than 20 persons employed in the building at any one time.
(3) 
No activities will be conducted in the Planned Development Zone between the hours of 10:30 p.m. and 7:00 a.m.
(4) 
No activities will be conducted in said Planned Development Zone which will cause disturbing noise, odors, or glare to any adjacent landowners.
G. 
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.
[1]
Editor's Note: Said Schedule A is included at the end of § 271-7.
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 Enlarged Planned Development Zone No. 5
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:
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.
(f) 
Signs, subject to the provisions in Subsection C below.
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:
[1] 
Such shift does not alter proposed traffic flows or access; and
[2] 
Such shift does not directly violate any express conditions (including, without limitation, buffer zones, setbacks, etc.) imposed by the Planning Board in granting prior site plan approval.
(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]
[2]
Editor's Note: Said Schedule A is included at the end of § 271-8.
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;
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;
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;
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;
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;
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;
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;
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.
Said parcel contains 28.010 acres of land to the highway line.
Parcel 2
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:
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
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
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
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
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;
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
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
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
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
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.
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.
[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:
(1) 
Addition of Special Land Use District No. 8. Article II, Section 2, of the Town of Ithaca Zoning Ordinance[1] is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. 8."
[1]
Editor's Note: Numbering refers to the Zoning Ordinance as it existed in 1995, when this section was adopted. See now § 270-6.
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]
I.
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.
II.
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]
III.
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:
(1) 
A one-family dwelling. A one-family dwelling may be occupied by not more than:
(a) 
One family, or
(b) 
One family plus no more than one boarder, roomer, lodger, or other occupant.
(2) 
A two-family dwelling. A two-family dwelling may be occupied by not more than two families and each dwelling unit in a two-family dwelling may be occupied by no more than:
(a) 
One family, or
(b) 
One family plus no more than one boarder, roomer, lodger, or other occupant.
(3) 
A multifamily dwelling. Each dwelling unit in a multiple residence shall be occupied by no more than:
(a) 
One family or
(b) 
One family plus no more than two boarders, roomers, lodgers or other occupants.
(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.
(10) 
Signs, which 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 8-7-2017 by L.L. No. 12-2017]
(11) 
Day-care homes and group day-care facilities.
(12) 
Group family day-care homes upon special approval by the Board of Zoning Appeals pursuant to Section 77, Subdivision 7.[4]
[4]
Editor's Note: Numbering refers to the Zoning Ordinance as it existed in 1995, when this section was adopted.
(13) 
Bed-and-breakfast, as that term is defined in § 270-5.
(14) 
Solar collectors, subject to the provisions of § 270-219.1 of the Town of Ithaca Code and to the provisions of Subsection N(2) below.
(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.
IV.
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:
(1)
Artisanal food production, including the production, preparation and storage of food for sale in businesses such as a bakery, picobrewery or community kitchen.
(2)
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.
(3)
Personal service businesses, including barber, beautician, massage therapist, personal wellness studio.
(4)
Retail establishment for the sale of merchandise, including food, where there is no overnight outdoor storage of inventory.
(5)
Restaurant, coffee shop, bistro, cafe.
(6)
Business, professional or administrative office, excluding a clinic.
(7)
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.
V.
Definitions. For purposes of this § 271-9, the following terms shall have the following meanings:
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.
PICOBREWERY — Small brewery where the floor area is no larger than 1,000 square feet.
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.
(8) 
Signs, which 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.
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.
[6]
Editor's Note: Said Schedule A is included at the end of § 271-9.
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.
Schedule A
Description of Area Rezoned Special Land Use District No. 8
2001 Amendment
[Amended 9-10-2001 by L.L. No. 4-2001]
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 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;
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.
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.
[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:
(1) 
North of the center line of Cascadilla Creek;
(2) 
South of the center line of Route 366;
(3) 
East of the intersection of the above; and
(4) 
West of Town of Dryden line.
[1]
Editor's Note: Numbering refers to the Zoning Ordinance as it existed in 1995, when this section was adopted. See now § 270-6.
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:
(a) 
Bookstore;
(b) 
Travel agency;
(c) 
Bank;
(d) 
Parcel pickup and delivery;
(e) 
Printing or copying facilities;
(f) 
Convenience food markets.
(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:
(1) 
Post office;
(2) 
Fire station;
(3) 
Local, state or federal governmental offices.
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:
(a) 
Providing parking for no more than 20 cars; or
(b) 
Providing parking accessory to a building for which site plan approval has been obtained and the parking arrangements were shown on the site plan as so approved.
(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.
(4) 
The following accessory buildings no larger than 2,000 square feet of floor area:
(a) 
Storage sheds;
(b) 
Pavilions;
(c) 
Gazebos;
(d) 
Bus shelters; or
(e) 
Storage tanks.
(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.
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;
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]]
and in any event
[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
(b) 
Alteration of an existing structure involving the addition or modification of less than
[1] 
10,000 square feet, or
[2] 
10% of the enclosed space of any structure of greater than 20,000 square feet of enclosed space, whether on one or more stories, whichever is 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);
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;
and in either event
(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.
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.
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:
(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;
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.
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.
(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. 
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:
EDUCATIONAL INSTITUTION
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:
(1) 
A college or university chartered by the State of New York.
(2) 
A college or university or postgraduate institution providing a recognized course of study and accredited by a recognized accrediting organization.
(3) 
A public school operated by a state-recognized Board of Education.
(4) 
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.
OWNED
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).
(1) 
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).
(2) 
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]
(1) 
Solar collectors, subject to the provisions of § 270-219.1 of the Town of Ithaca Code.
(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.
(3) 
Signs, which 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.
(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.
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.
Schedule A
DESCRIPTION OF PROPERTY REZONED TO PLANNED DEVELOPMENT ZONE NO. 10
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:
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.
[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
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
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
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
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
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.
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:
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]
[1]
Editor's Note: Numbering refers to the Zoning Ordinance as it existed in 1998, when this section was adopted. See now § 270-6.
[2]
Editor's Note: Said Schedule A is included at the end of § 271-12.
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.
(7) 
Signs associated with the above uses, which 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.
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) 
Yards.
(a) 
Unless a deviation is authorized by the Planning Board, for good cause shown, the yard requirements shall be as follows:
[1] 
Front yard shall be not less than 50 feet.
[2] 
Side yards shall be not less than 60 feet.
[3] 
Rear yard shall be not less than 50 feet.
(b) 
The foregoing yard requirements may include any required buffer areas and shall not be in addition to any required buffer areas.
(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.
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
All other
7:00 a.m. — 7:00 p.m.
68 dBa
7:00 p.m. — 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.
(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;
and in either event
(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.
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.
[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. 
Definitions. For the purposes of this Special Land Use District, the following terms shall have the following meanings:
EDUCATIONAL INSTITUTION
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:
(1) 
A college or university chartered by the State of New York.
(2) 
A college or university or postgraduate institution providing a recognized course of study and accredited by a recognized accrediting organization.
(3) 
A public school operated by a state-recognized Board of Education.
(4) 
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.
OWNED
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.
Schedule A
Description of SLUD for Cornell University Chilled Water Plant, Town of Ithaca
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:
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
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
RUNNING THENCE North 01 degrees 52 minutes 26 seconds East, a distance of 51.00 feet to a concrete highway monument; and
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
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
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
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
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
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
RUNNING THENCE South 73 degrees 14 minutes 16 seconds West, a distance of 97.86 feet to a point; and
RUNNING THENCE South 60 degrees 05 minutes 46 seconds West, a distance of 88.27 feet, to the point or place of beginning.
Containing 3.12 acres, be the same more or less.
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.
[Added 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) 
Off-premises catering.
(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) 
Fitness center with or without related shower and ancillary facilities.
[Amended 12-9-2015 by L.L. No. 6-2015]
(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]
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.
(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]
(5) 
Uses described above in Subsection B(20) that exceed the height threshold may be considered for special permit by the Planning Board and do not also require a height variance if the special permit is granted.
[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 the same may be related to and an incidental by-product of a permitted principal use, such as manufacturing, and except as may be authorized specifically by this section, such as restaurant sales or sales related to an arts and crafts gallery or studio.
[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) 
Motel.
(3) 
Hotel.
(4) 
Adult entertainment business.
(5) 
Restaurants with a drive-through facility.
[Amended 12-9-2015 by L.L. No. 6-2015]
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.
(3) 
Signs, which 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.
(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, ballfields, 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.
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
(4) 
The party effecting such change has obtained, if required by any applicable building or environmental code:
(a) 
A building permit; and
(b) 
Before occupancy of the altered space, a certificate of occupancy; 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 setion 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.
[Added 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 longstanding, 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:
(a) 
One family, or
(b) 
One family plus no more than one boarder, roomer, lodger, or other occupant.
(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.
(3) 
Signs, which 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 Residential Zones shall apply.
(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.
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.
H. 
Yard regulations.
(1) 
Accessory buildings other than garages may not occupy any open space other than a rear yard or side yard.
(2) 
No building requiring a permit nor any portion thereof may be constructed within 10 feet of any other building requiring a permit.
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.
(2) 
All roadways and sidewalks, all stormwater management facilities and all infrastructure not privately owned or utility-owned or owned and maintained by the Town as noted in Subsection N(1) above will be owned and maintained by the BSCHA.
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.
(e) 
Notwithstanding the above requirements of this Subsection P(2), a model home with no office and with no water or sewer service may be granted a certificate of occupancy prior to the satisfaction of these requirements.
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
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 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;
RUNNING THENCE North 78º 18' 06" West for a distance of 362.80 feet along the north line of Mitchell Street to a point;
RUNNING THENCE North 06º 59' 03" East for a distance of 394.61 feet to a point;
RUNNING THENCE North 83º 05' 45" West for a distance of 29.00 feet to a point at the southeast corner of Worth Street;
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;
RUNNING THENCE South 83º 06' 00" East for a distance of 19.74 feet to a pin found;
RUNNING THENCE North 06º 54' 00" East for a distance of 245.32 feet to a pipe found in concrete;
RUNNING THENCE North 71º 52' 26" East for a distance of 30.00 feet to a point;
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.
[Added 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]
(1) 
Solar collectors, subject to the provisions of § 270-219.1 of the Town of Ithaca Code.
(2) 
Stage, bandshell, and related structure with a building area not to exceed 2,500 square feet.
(3) 
Three (3) 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;
(g) 
All signs must comply with Chapter 173, titled "Lighting, Outdoor," of the Town of Ithaca Code;
(h) 
All signs must be approved in advance by the Town Planning Board as part of final site plan approval; and
(i) 
Except for (a) and (b) above, no sign shall be erected, moved, or altered unless a sign permit for such work has been obtained, if a sign permit is required by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs.
(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.
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
(b) 
The modifications are in accordance with the provisions of this section and other provisions of Chapter 270, Zoning, of the Town of Ithaca Code.
(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.
(5) 
Any subdivision of Planned Development Zone No. 14 shall comply with the requirements of Chapter 234, Subdivision of Land, 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.
[1]
Editor's Note: See Ch. 270, Zoning.
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.
Schedule A
Description of Area Rezoned Planned Development Zone No. 14
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 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;
1.
RUNNING THENCE North 34º 04' 05" West for a distance of 467.60 feet to an iron pin found;
2.
RUNNING THENCE North 56º 23' 35" East for a distance of 60.29 feet to a point;
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;
4.
RUNNING THENCE North 27º 12' 02" East for a distance of 27.30 feet to an iron pin set;
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;
6.
RUNNING THENCE North 62º 06' 57" East for a distance of 171.98 feet to an iron pin set;
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;
9.
RUNNING THENCE North 57º 41' 42" East for a distance of 161.14 feet to an iron pin found;
10.
RUNNING THENCE North 63º 18' 49" East for a distance of 150.00 feet to an iron pin set;
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;
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;
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;
RUNNING THENCE South 58º 57' 58" West for a distance of 153.48 feet to a point;
RUNNING THENCE North 31º 02' 17" West for a distance of 260.01 feet to an iron pin set;
RUNNING THENCE North 35º 41' 12" East for a distance of 210.66 feet to an iron pin set;
RUNNING THENCE North 83º 35' 16" West for a distance of 508.59 feet to an iron pin set;
RUNNING THENCE South 42º 35' 16" West for a distance of 552.69 feet to an iron pin set;
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;
RUNNING THENCE North 33º 40' 45" West for a distance of 46.03 feet to an iron pin found;
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;
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.
[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:
(a) 
PD-15-M Transect Subzone (cumulative area): 100 to 175 units.
(b) 
PD-15-H Transect Subzone (cumulative area): 200 to 325 units.
(c) 
PD site total (cumulative area of both transect subzones): <475 units.
(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.
(3) 
Other buildings.
(a) 
An accessory building must be >30 feet from a site envelope line or sidewalk fronting on a thoroughfare; and >5 feet from other site envelope lines.
(b) 
An accessory building may be behind a principal building. It may not be in front or to the side.
(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.
(d) 
Parking surfaces.
[1] 
Parking areas must have a fixed impervious or porous surface.
[2] 
Pavement edge must have clear definition, using curbs or a different durable material. Curbing allowing water runoff (rollover curb, or barrier curb with gaps) is preferable to curbing that traps stormwater.
(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.
[1] 
Any parking space (on-street and off-street, for any type of vehicle) may have an electric vehicle charging station.
[2] 
>5% of off-street parking spaces must have utility provisions for future electric vehicle charging stations.
[3] 
A solar carport may cover any off-street parking space.
(6) 
Landscaping.
(a) 
Tree classes.
[1] 
"Street tree" refers to trees in a tree lawn or tree well alongside a street, or traffic island.
[2] 
"Canopy tree" and "short tree" refer to trees in yards, courts, landscaping areas, open space areas, and similar areas.
(b) 
Thoroughfare tree lawns.
[1] 
A tree lawn area on a primary or secondary street must have >1 street tree every 20 feet to 40 feet along its length, with average spacing of <30 feet along the block length.
[2] 
A maximum of 25% of the trees on the entire site as a whole may be from a single tree species.
(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:
[a] 
Native or adapted to upstate New York (USDA hardiness zone 5a, 5b, 6a).
[b] 
Not invasive (according to the most recent Tompkins County Regional Invasive Species and Worst Invasive Species lists), or species with known parasites or pathogens, including ash and hemlock.
[2] 
Follow requirements for allowed or prohibited tree species in Town zoning regulations, if applicable. Street tree species must also have these traits:
[a] 
PD-15-M Transect Subzone: mature height of >40 feet.
[b] 
PD-15-H Transect Subzone: mature height of >30 feet.
[c] 
A crown that can grow to shade a sidewalk and street.
[d] 
Downward-oriented root system.
[e] 
Salt tolerant.
[f] 
Not brittle or prone to dropping heavy fruit.
[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 groundcover 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.
(9) 
Outdoor lighting.
(a) 
Light output. Photometric performance must conform to then-current Town of Ithaca Outdoor Lighting Law[2] (or successor code) standards.
[2]
Editor's Note: See Ch. 173, Lighting, Outdoor.
(b) 
Freestanding fixtures/poles.
[1] 
Height:
[a] 
Neighborhood primary and neighborhood secondary streets: <16 feet.
[b] 
Elsewhere: <12 feet.
[2] 
Design and location:
[a] 
Pole design should have a distinct base, middle and top.
[b] 
Maximum form base/sonotube top is <4 inches above grade.
[c] 
Poles must not block sidewalks or walkways.
(c) 
Attached fixtures.
[1] 
Fixture design should be consistent with the architectural style and detailing of the host structure.
[2] 
Sconces, gooseneck fixtures, and recessed fixtures are allowed. Wall pack lighting is not acceptable.
F. 
Definitions. These words or terms have a special meaning in § 271-16 for this PD.
APARTMENT BUILDING (BUILDING TYPE IN Sec. 271-16E)
Building with more than three dwelling units, vertically and horizontally integrated, connected with one or more shared entries.
ARTISAN (USE IN Sec. 271-16C)
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.
BLOCK (CONTEXT OF ROADS OR THOROUGHFARES)
Area bounded by thoroughfares, or a combination of thoroughfares and barriers to continued development (examples: public land, waterway).
CIVIC BUILDING (BUILDING TYPE IN Sec. 271-16E)
Building that accommodates a place of assembly, civic, or community use.
COURT (OPEN SPACE TYPE IN Sec. 271-16D)
Open space for civic purposes, passive or active recreation, or connectivity within or through the site. Building frontages spatially define a court.
DAY-CARE CENTER (USE IN Sec. 271-16C)
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).
DWELLING UNIT (USE IN Sec. 271-16C)
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.
FRONTAGE
Area between a building facade and a neighboring thoroughfare or court, including built and vegetated components.
FRONTAGE BUILDOUT
Length of building along frontage within setbacks of a block.
GARDEN (OPEN SPACE TYPE IN Sec. 271-16D)
Open space for a playground or community garden.
GARDEN MARKET (USE IN Sec. 271-16C)
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.
GREEN (OPEN SPACE TYPE IN Sec. 271-16D)
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.
HEALTH/WELLNESS PRACTICE (USE IN Sec. 271-16C)
Establishment providing outpatient medical, medical allied health care, or alternative medical services.
PARK (OPEN SPACE TYPE IN Sec. 271-16D)
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.
PAVEMENT, FIXED
Durable, fixed surface formed from asphalt, concrete, tightly spaced segmental pavers, and/or similar durable materials, both pervious and impervious.
PAVEMENT, POROUS
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.
PLACE OF ASSEMBLY (USE IN Sec. 271-16C)
Facility used mainly for public/resident assembly for worship, meeting, or community purposes. (Examples: religious congregation, secular assembly, community center, common house, amenity center.)
PLAZA (OPEN SPACE TYPE IN Sec. 271-16D)
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.
PROFESSIONAL OFFICE (USE IN Sec. 271-16C)
Establishment providing professional, administrative, clerical, or information processing services.
RESTAURANT (USE IN § 271-16C)
Establishment preparing and selling food, drinks, and/or alcoholic beverages in a ready-to-consume state, to customers on site or delivery off site.
RETAIL AND SERVICE - GENERAL (USE IN Sec. 271-16C)
Establishment selling or renting a tangible good or product to the public, and/or provides a service to customers on site.
SETBACK, AVERAGE
Average of the setbacks at 10 equally spaced points along a building side or elevation.
STACKED FLAT (BUILDING TYPE IN Sec. 271-16E)
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.
STUBOUT THOROUGHFARE
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.
THOROUGHFARE
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.
TOWNHOUSE - (BUILDING TYPE IN Sec. 271-16E)
Building (built individually or as a connected row) with dwelling units separated vertically by an interior party wall or exterior firewall.
TRANSPARENCY, LINEAR
Building wall length occupied by functioning doors and/or windows, >75% of which must be >4 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."