Town of Ithaca - Definitions

ACCESSORY DWELLING UNIT

A second dwelling unit subordinate in size to the principal dwelling unit on a lot, located in either the principal dwelling or a separate structure.

ACCESSORY DWELLING UNIT, ATTACHED

A dwelling unit that is physically attached or connected to a principal dwelling by means of a permanent enclosed, conditioned (heated and/or cooled) area, or that shares at least one wall with the principal dwelling unit.

ACCESSORY DWELLING UNIT, DETACHED

An accessory dwelling unit that occupies part or all of a structure that is on the same lot as a principal dwelling, and does not meet the definition of "accessory dwelling unit, attached."

ADULT CARE FACILITY

An establishment for adults which provides for hire residential care and services to adults who, by reason of choice, physical or other limitations associated with age, physical or mental disabilities or other factors, are unable or substantially unable to live independently or choose not to live independently. Such establishment includes an adult care facility as defined in the New York Social Services Law which has received and continues to maintain a validly issued operating permit as an adult care facility from New York State Department of Social Services or a County Department of Social Services. Such definition also includes retirement homes and communities which provide residences for the elderly with some supportive services.

ADULT DAY-CARE FACILITY

An establishment for adults which provides for hire day-care services to adults who, by reason of physical or other limitations associated with age, physical or mental disabilities or other factors, are unable or substantially unable to live independently without supervision.

ADULT ENTERTAINMENT BUSINESS

A business involving one or more of the following:
A. Adult arcades where, for any form of consideration, one or more motion-picture projectors, slide projectors, video cassette players, computers, or similar machines, for viewing by five or fewer persons each are used to show films, motion pictures, video cassettes, slides, computer generated images, or other photographic reproductions, which are characterized by emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
B. Adult bookstores which have as a substantial (50% or more) portion of its stock-in-trade and offers for sale, for any consideration, any one or more of the following:

(1) Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, slides or other visual representations, which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, or
(2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

D. Adult motion-picture theater where, for any form of consideration, films, motion pictures, video cassettes, slides or other photographic reproductions are regularly shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.C. Adult cabarets meaning any nightclub, bar (including establishments which do not serve alcoholic beverages), restaurant, or similar establishment, which regularly features live performances characterized by exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes, slides or other photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

E. Adult theater meaning a theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances in which a substantial portion of the total presentation time is devoted to the exposure of specified sexual activities or specified anatomical areas.
F. Massage parlor where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment or manipulation of the human body is administered, unless by a medical practitioner, chiropractor, acupuncturist, physical therapist, licensed massage therapist, or similar professional person licensed by the state. This definition shall not be deemed to include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service.
G. Peep show where, for any form of consideration, persons may observe from individual enclosures shows which regularly feature live performances characterized by exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes, slides, computer generated images, or other photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

AGRICULTURAL ACTIVITY

The production of agricultural products, such as crops, livestock, poultry and dairy goods, and the preparation or marketing of such products produced, or derived from products produced, predominantly on site. Agricultural activity shall also include practices that allow land used for agricultural activity to lie fallow for a period not exceeding five consecutive years.

AGRITOURISM

Activities conducted as part of farm operations and offered to the public or to invited groups for the purpose of recreation, education or active involvement in the farm operation, and which are related to agricultural or natural resources and incidental to the primary farm operation on the site. Agritourism activities include farm tours, hayrides, corn mazes, u-pick operations, farm festivals, youth and/or adult education activities related to agricultural products or skills, and similar uses.

AGRIVOLTAIC FARMING

Also known as dual-use solar, is the simultaneous use of land for both solar voltaic power generation and crop or livestock farming.

ALTERATION

A. As applied to a building or structure:

(1) An enlargement by increasing in height or by extending on a side, front, or back;
(2) Moving from one location or position to another;
(3) Any change, addition, or removal of the structural parts; or
(4) Any change, addition, or removal of partitions, or any change in walls, ceiling, windows, or doors.

B. The term "ALTER," in its various modes and tenses and its participial form, refers to the making of an alteration.

AMATEUR RADIO FACILITIES

Structures and equipment used by amateur radio operators who are licensed by the Federal Communications Commission, including antennas, towers, rotors, mounts, guy wires and anchors, but this term shall not include mobile equipment that is contained in a car or other motor vehicle or is completely portable and not affixed in any manner to realty (the exception for mobile equipment does not extend to any antennas attached, directly or indirectly, such as on a tower or other structure, to realty or to other facilities used in connection with such mobile equipment).

ART MURAL

A one-of-a-kind work of visual art that is hand-painted, hand-tiled or digitally printed directly on, or affixed directly to, an exterior wall of a building.

AWNING

A fixed or movable roof-like frame structure that is entirely supported from a building and projects over doors, windows or other portions of the building exterior.

BACKLIT SIGN

A sign in which the illumination source appears behind the graphics of the sign to create a highlight that separates the graphics from the background.

BANKFULL

The condition where streamflow just fills a stream channel up to the top of the bank and at a point where the water begins to flow over its bank.

BANNER

A type of sign made of flexible material that has all corners attached to poles by grommets or pole pockets.

BASEMENT

That portion of a building that is partly or completely below grade and is not considered a "story above grade," as that term is defined in this section.

BED-AND-BREAKFAST

An owner-occupied residence providing at least three but not more than five rooms for temporary transient lodgers with sleeping accommodations and a meal in the forenoon of the day. For the purposes of this definition, to qualify as an owner-occupied residence, the residence must be the principal residence of at least one of the property owners, the owner-occupant(s) must reside in the principal residence for a minimum of 185 days per year, and no other owner(s), collectively or individually, may own a larger percentage of the tax parcel than the owner-occupant(s).

BIOLOGICAL CORRIDOR

A waterway or a substantially undeveloped stretch of land consisting of vegetation that serves to facilitate wildlife movement between habitat areas. Biological corridors may cross more than one parcel of land.

BOAT

A vehicle designed for travel in or on water.

BOAT LAUNCH/RAMP

Facility to launch and retrieve boats.

BOAT LIFT/BOAT HOIST

Any mechanical device used to raise or lift a boat out of the water for waterside storage or storage above the water's surface.

BUILDING

A structure having a roof supported by columns or by walls and intended for shelter, housing, protection or enclosure of persons, animals or property.

BUILDING AREA

The total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.

BUILDING CODE

The New York State Uniform Fire Prevention and Building Code (9 NYCRR Part 600 et seq.) as the same may be amended from time to time, and any successor regulations, laws or codes.

BUILDING FACE

The exterior surface of a building.

BUILDING FRONTAGE

That part of a building or lot facing a sidewalk, street, or other public place.

BUILDING LINE

The line formed by the intersection of the vertical plane that coincides with the most projected exterior point of a building on any side and the ground. Front, side, and rear building lines are respectively the building lines closest to the highway right-of-way, side property line and rear property line.

BUILDING, ACCESSORY

A detached building subordinate and clearly incidental to the principal building on the same lot and used for purposes customarily incidental to those of the principal building.

BUILDING, PRINCIPAL

A building within which is conducted the primary uses of the lot on which the building is located.

BUILDING-MOUNTED SMALL WIND ENERGY FACILITY

A small wind energy facility that is specifically designed for installations on the roofs, sides or other elevated surfaces of buildings.

CANOPY

A roof-like frame structure that is a) supported by the exterior wall of a building and on columns or poles, or b) self-supported wholly on columns or poles. A canopy differs from an awning because it is not entirely supported by the building.

CARPORT

See "garage."

CATERER

A person or enterprise that prepares food for hire for consumption predominantly off premises.

CELLAR

That space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building.

CHILD DAY-CARE CENTER

A facility, home, or other establishment defined as a child day-care center in § 390 of the Social Services Law providing child care for seven or more children for hire licensed by the New York State Department of Social Services at which day care is provided for hire, and which is not a school, day-care home, family day-care home, or group family day-care home. (See also "day-care home," "family day-care home," "group family day-care home.")

CLEAR-CUTTING

A method of cutting, removal or harvesting that removes 50% or more of the trees of six inches or more in diameter at breast height in any area of more than one acre on a parcel.

CLINIC

A building or any part of a building which is used for the group practice of medicine by several physicians in which certain facilities other than reception are shared by the occupants and in which patients are diagnosed or treated by physicians practicing as a group.

CLUBHOUSE or LODGE

A building or premises used exclusively by members of an organization and their guests which premises or buildings are devoted to recreational or athletic purposes, not primarily conducted for gain. It excludes commercial and merchandising activities for other than its own membership.

COMMERCIAL COMPOSTING FACILITY

A facility which accepts materials for composting from locations other than the property on which the facility is located. A commercial composting facility does not include composting facilities where the materials deposited for composting originate solely from the property on which the facility is located, or from a property on which activities are conducted by the owner of the composting facility that are related to the activities that are conducted on the property on which the facility is located.

COMMUNITY RESIDENCE

A facility for adult residents operated by or subject to licensure by the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities of the State of New York defined as a Community Residence in the Mental Hygiene Law.

COPY-CHANGE SIGN

A sign that is designed such that the visual message may be physically removed and changed on a periodic basis.

DAY-CARE HOME

A facility, home, or other establishment at which day care is provided for hire for more than three hours per day per child for no more than two children.

DEER FENCE

A fence commonly used to protect gardens, vegetation and yards from deer and constructed so that at least 85% of its face is open when viewed from a position that is at a right angle to the fence. Notwithstanding the foregoing, chain link fences shall not be considered deer fences under this chapter even if they meet the criteria in this definition.

DIAMETER AT BREAST HEIGHT

The diameter of a tree 4 1/2 feet above ground level.

DOCK

A structure built over or floating upon the water and used as a landing place for boats, fishing, swimming or other uses.

DOMESTIC ANIMALS

Domesticated horses, ponies, donkeys, sheep, cattle, llamas, goats, pigs, ducks, geese, chickens, swans, turkeys, rabbits, cats, dogs, or other domesticated animals found to be of a similar nature by the Zoning Board of Appeals, kept and maintained for personal use rather than for commercial uses, and not generally available for sale.

DRIVE-THROUGH OR DRIVE-IN FACILITY

An establishment or facility that by design of physical facilities permits customers to receive a service or obtain a product (including food) while remaining in a motor vehicle on the premises.

DWELLING

A building designed or used primarily as the living quarters for one or more families.

DWELLING UNIT

A dwelling, or portion of a dwelling, providing complete living facilities for one family.

ELDER COTTAGE

A separate, detached, temporary one-family dwelling, accessory to a one- or two-family dwelling on a lot erected and occupied in accordance with the provisions of § 270-216 of this chapter.

ENERGY STORAGE SYSTEM

One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone twelve-volt car battery or an electric motor vehicle.

EQUESTRIAN FACILITY

A. A facility available to the public providing one or more of the following services for compensation:

(1) Horse-riding lessons.
(2) Horse training.
(3) Leasing of horses.
(4) Boarding of horses.
(5) Sale of horses other than an occasional sale of a horse owned and used solely for personal purposes by the owner of noncommercial facility.

B. For the purpose of this definition, a pony or donkey shall be included in the term "horse."

EXEMPT SIGN

A sign described in § 270-250A that is exempt from the provisions of this chapter.

FAMILY

A. An individual, or
B. Two or more persons occupying a single dwelling unit, related by blood, marriage, or legal adoption, living and cooking together as a single housekeeping unit, or
C. Two unrelated persons, occupying a single dwelling unit, living and cooking together as a single housekeeping unit.
D. Notwithstanding the provisions of Subsection C of this definition, a group of unrelated persons numbering more than two shall be considered a family upon a determination by the Zoning Board of Appeals that the group is a functional equivalent of a family pursuant to the standards enumerated in Subsection F herein.
E. Before making a determination whether a group of more than two unrelated persons constitutes a family for the purpose of occupying a dwelling unit, as provided for in Subsection D of this definition, the Zoning Board of Appeals shall hold a public hearing, after public notice, as is normally required for the obtaining of a variance. The fee for such an application shall be the same as is required for an application for a variance. Said application shall be on a form provided by the Zoning Board of Appeals or Zoning Enforcement Officer.
F. In making a determination under Subsection D the Board of Appeals shall find:

(1) The group is one which in theory, size, appearance and structure resembles a traditional family unit.
(2) The group is one which will live and cook together as a single housekeeping unit.
(3) The group is of a permanent nature and is neither merely a framework for transient or seasonal (including as "seasonal" a period of an academic year or less) living, nor merely an association or relationship which is transient or seasonal in nature. In making this finding, the Zoning Board of Appeals may consider, among other factors, the following:

(a) Whether expenses for preparing of food, rent or ownership costs, utilities, and other household expenses are shared and whether the preparation, storage and consumption of food is shared.
(b) Whether or not different members of the household have the same address for the purposes of:

[1] Voter registration.
[2] Driver's license.
[3] Motor vehicle registration.
[4] Summer or other residences.
[5] Filing of taxes.

(c) Whether or not furniture and appliances are owned in common by all members of the household.
(d) Whether or not any children are enrolled in local schools.
(e) Whether or not householders are employed in the local area.
(f) Whether or not the group has been living together as a unit for an extended period of time, whether in the current dwelling unit or other dwelling units.
(g) Any other factor reasonably related to whether or not the group of persons is the functional equivalent of a traditional family.

(4) In making determinations under this definition, the Zoning Board of Appeals shall not be required to consider the matters set forth in § 270-200 of this chapter.

G. Lesser permitted number.

(1) Notwithstanding the provisions elsewhere provided herein, if the following limitations result in a lesser permitted number of occupants than would be permitted under the definition of family set forth above and the regulations of each zone set forth later in this chapter, the number of occupants, related or otherwise, shall not exceed the maximum numbers determined on the basis of habitable space of each dwelling unit as follows:

(a) A minimum of 150 square feet of habitable space for the first occupant; and

(b) 80 square feet of habitable space for each additional person in each dwelling unit.

(2) In no case shall the enclosed floor area be less than required by § 270-220 of this chapter.
(3) Areas utilized for kitchenettes, bath, toilet, storage, utility space, closets, and other service or maintenance space shall be excluded in determining "habitable space."

FAMILY DAY-CARE HOME

A facility, home, or other establishment, defined as a family day-care home in § 390 of the Social Services Law, at which day care is provided for hire for generally three to six children and which is registered with the Tompkins County Department of Social Services and is operated in accordance with the state and county regulations governing operations of a family day-care center.

FAMILY-TYPE HOME FOR ADULTS

An adult care facility providing services to four or fewer adult persons unrelated to the operator, all as defined as a family-type home for adults in the New York Social Services Law § 2.

FARM

Any parcel of land containing at least three acres which is used in the raising of agricultural products, such as crops, livestock, poultry, and dairy goods. It includes structures necessary to the production and storage of agricultural products and equipment and on-farm buildings used for preparation or marketing of products produced, or derived from products produced, predominantly on the farm property on which the building is located subject to the limitations regarding roadside stands set forth in this chapter.

FARM RETREAT

A farm which includes facilities for room and/or board for up to three people unrelated to the owner or operator of the farm, which people temporarily occupy farm premises and participate in the farming activities for the purposes of learning about farm life.

FENCE or WALL

Any human-made structure, including a gate that is part of the structure, that is designed to enclose land, divide land, mark a boundary, limit access to or direct passage across land, screen structures or land, protect against a potential hazard, or serve a decorative purpose. A freestanding arch or arbor shall not be considered a fence or wall even if it meets the criteria in this definition; an arch or arbor attached to a fence or wall shall be considered a part of the fence or wall.

FLAG

A type of sign made of fabric or other flexible material attached to or designed to be flown from a flagpole or similar device.

FLAGPOLE

A freestanding structure or a structure attached to a building and used for the purpose of displaying flags.

FLASHING SIGN

Any illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color at all times.

FOREST RESOURCE

The various types of vegetation typically found in a forest, including trees, logs, saplings, brush, grass and other botanical forest products.

FREESTANDING SIGN

A sign affixed to the ground independent of any adjacent building or structure.

GARAGE

A portion of a building, or a detached covered building, designed to be used primarily for storage of automobiles and other similar motor vehicles. For a garage that is part of a building, the garage use must be subordinate and clearly incidental to the use of the rest of the building. For a detached garage, the garage building must be subordinate and clearly incidental to the principal building, and be located on the same lot as the principal building except as otherwise specifically permitted by this chapter.

GRADE PLANE

A reference plane representing the average of the finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be the average of the lowest points within the area between the building and the lot lines or, where any lot line is more than six feet from the building, the reference plane shall be the average of the lowest points within the area between the building and a perimeter six feet from the building.

GRAPHICS

The letters, figures, emblems, devices, and other representations comprising the visual message of a sign.

GROUP FAMILY DAY-CARE HOME

A facility, home, or other establishment defined as a group family day-care home in § 390 of the Social Services Law, licensed by the New York State Department of Social Services or by the Tompkins County Department of Social Services, at which day care is provided for hire for generally seven to 14 children and is operated in accordance with the state and county regulations governing operations of a group family day-care home.

HEIGHT

As it relates to a land-based structure other than a building, the distance measured from the lowest level or portion of the structure (slab or base) in contact with the ground surface to the highest point at the top of the structure. As it relates to a structure built over or floating upon water, the vertical distance measured from the ordinary high water level to the highest portion of the structure.

HEIGHT FROM LOWEST EXTERIOR GRADE

As it relates to a building, the vertical distance from the lowest point of the exterior finished grade adjacent to the wall of the building to the highest point of the roof, excluding chimneys, antennae and other similar protuberances.

HEIGHT FROM LOWEST INTERIOR GRADE

As it relates to a building, the vertical distance measured from the surface of the lowest level (floor of a crawl space, basement floor, slab, or other floor, even if below exterior grade level) in contact with the ground surface to the highest point of the roof, excluding chimneys, antennae, and other similar protuberances. When the measurement of height from the lowest interior grade is made from the floor of a cellar the maximum permissible height from lowest interior grade shall be increased by four feet. This permitted increase shall not apply when the measurement is from any other floor, including a basement floor, slab or other floor.

HOME OCCUPATION

A. A business conducted within a dwelling, or a building accessory thereto, by a resident of the dwelling, which is clearly incidental and secondary to the use of the property for residential purposes, and which is the type of business that is customarily conducted within a dwelling or building accessory thereto.
B. Home occupations typically include, but are not limited to architects, attorneys, career consultants, carpenters, caterers, computer programmers, dentists, doctors, dressmakers, editors, electricians, engineers, financial consultants, hairdressers, insurance brokers, plumbers, realtors, teachers, translators and writers.

HOSPICE

A building other than a hospital or nursing home where more than two terminally ill persons are regularly lodged and furnished with meals and nursing care and which has been granted a certificate of approval to operate as a hospice pursuant to the Public Health Law or any successor regulating state law.

HOSPITAL

An establishment for temporary overnight occupation by sick or injured persons for the purpose of medical treatment licensed by the State of New York for such purposes.

HOSTED SHORT-TERM RENTAL USE

A short-term rental use where the owner lives and sleeps in the rented unit, or in another dwelling unit on the same or an adjacent tax parcel, throughout the short-term renter's stay, and no more than two bedrooms are rented at any one time.

HOTEL or MOTEL

A building containing rooms designed and originally planned to be rented or hired out for living or sleeping accommodations for transient occupancy.

HOUSEHOLD PETS

Domesticated dogs, cats, birds, fish, amphibians, reptiles, mice, ferrets, rabbits, hamsters, gerbils, and other domesticated small animals ordinarily kept as pets which eat and sleep within a dwelling unit occupied by a family.

ILLUMINATED SIGN

A sign illuminated internally or externally by artificial light, or which is composed of luminous tubing or other artificial lighting devices.

IMPERVIOUS SURFACE

Any paved, hardened or structural surface which does not allow infiltration of water. Such surfaces include, but are not limited to, impervious streets, driveways, parking lots, and tennis courts, buildings, and swimming pools.

LANDSCAPING SERVICE PROVIDER

An establishment that provides off-site lawn, garden, and landscape services, including lawn installation and mowing, planting and vegetation maintenance, and stone and hardscape installations that require the use of machinery, equipment, trucks and other appurtenances that are stored on the provider's premises, including outdoor landscaping supplies such as rock, stone, and mulch.

LOT

Any area of land bounded by property lines which is not divided into parts by a public road or railroad. Each part of any area so divided by a road or railroad is considered an individual lot for zoning and subdivision purposes, but any further division of any such part shall occur only upon compliance with the applicable regulations of Chapter 234, Subdivision of Land, of the Code of the Town of Ithaca.

LOT AREA

The area of a lot, excluding any portion of a public highway right-of-way that may be included within deed description of the lot.

LOT DEPTH

The distance between a point on a public highway right-of-way line and the rear of the lot measured perpendicularly from the street line. A lot need meet the minimum depth requirements set forth in this chapter at only one point and not uniformly throughout the lot's entire width.

LOT LINE

A property boundary of a lot, except where the property boundary is the center line or other portion of a public highway, in which event the property line is the highway right-of-way line.

LOT LINE, FRONT

Lot line that borders a public frontage or contextual lot front or separates a lot from a thoroughfare (not including alleys). At a corner lot, a front lot line follows the shorter of the two public frontages, or the contextual lot front. At a through lot (double frontage lot), a front lot line is the line crossed for main access to the lot or the contextual lot front.

LUMINOUS TUBING

Tube of light that comes from sources such as neon, cold cathode, fiber optic, LED or other electric or gas-discharge source.

MARINA

A lakeshore business whose purpose includes the sale of boats, supplies and fuel; rental of boats, marine equipment, dock and mooring space; winter storage; service of boats and marine equipment; and/or provisions for boat access to the lake.

MARQUEE

A permanent roofed structure that is attached to and projects from a theater building's entrance. Marquees are supported entirely by the building and are generally designed to provide protection from the sun and rain.

MINING

The extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, sorting, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial, or construction use; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location; or any one of the above activities. Mining shall not include the excavation, removal and disposition of minerals from the site of, and incidental to, a construction project, or excavations incidental to bona fide agricultural activities provided, however, such excavations, removal or disposition are subject to obtaining fill permits if required as set forth in this chapter. For the purpose of this definition:

A. MINERALS - Mean any naturally formed, usually inorganic, solid material located on or below the surface of the earth. "Minerals" include, but are not limited to, peat, topsoil, gravel, and stone.
B. OVERBURDEN - Means all of the earth, vegetation and other solid materials which lie above or alongside a mineral deposit.
C. SPOIL and TAILINGS - Have the meanings given to them by Article 23 of the New York State Environmental Conservation Law or any similar or successor statute.

MIXED USE

A commercial facility with accessory residential facilities, the floor area (inclusive of all floors on all stories dedicated to the residential use) of which residential facilities is less than the floor area (inclusive of all floors on all stories dedicated to commercial use) of the commercial use, and which residential facilities are located elsewhere in the building than on the street frontage of the ground floor.

MOBILE HOME

A transportable dwelling unit suitable for year-round occupancy. A mobile home is designed and built to be towed on its own chassis, comprised of frame and wheels, and connected to either public or private utilities. The unit may contain parts which may be folded, collapsed, or telescoped when being towed and expanded later to provide additional cubic capacity. A mobile home may also be designed as two or more separately towable components designed to be joined into one integral unit capable of again being separated into the components for repeated towing. This definition excludes travel or camping trailers towed by a motor vehicle and neither wider than eight feet nor longer than 32 feet. Self-propelled motor homes, or modular housing which is not built with an integral chassis and which must be transported on a separate vehicle from factory to housing site are also excluded from this definition. A mobile home shall be considered a one-family dwelling only for purposes of determining the number of occupants permitted.

MOBILE HOME LOT

A parcel of land used for the placement of a single mobile home and the exclusive use of its occupants. A mobile home lot shall be located in a mobile home park as defined by this chapter.

MOBILE HOME PARK

A parcel of land owned by an individual, partnership, or corporation which has been planned and improved for the placement of mobile homes.

MOBILE HOME STAND

That part of an individual mobile home lot which has been reserved and improved for the placement of the mobile home, appurtenant structures and additions.

MONUMENT SIGN

A type of freestanding sign, with a sign face or its base resting on the ground.

MOORING

An uncovered floating or fixed structure on or under the water, such as a buoy or wooden pole, to which a boat or other objects on the water may be secured.

MULTIPLE-FAMILY DWELLING

A building or group of buildings on one lot containing three or more dwelling units.

MULTI-USE OR MULTI-TENANT FACILITY

A facility where two or more establishments are operated on any one parcel, or on contiguous parcels under the ownership or management of the same person, company or other entity.

NATURAL AREA

An area of land designated as a Critical Environmental Area, Unique Natural Area, or other similar environmental designation in accordance with regulations promulgated by the New York State Department of Environmental Conservation or any similar successor state agency, or by any other federal, state, or local governmental unit, and any area specifically designated as a Significant Natural Area by the Town Board of the Town of Ithaca after notice to the owner or owners of the area and a public hearing on such designation.

NONCONFORMING SIGN

A sign lawfully existing on the effective date of this chapter or subsequent amendment thereto, which does not conform to the regulations applicable in the zoning district in which it is located.

NONCONFORMING USE

A use of land existing at the time of enactment of this chapter and its amendments which does not conform to the zoning regulations of the district in which it is situated.

NONNATIVE INVASIVE SPECIES

As listed on the "Invasive Plants of the Ithaca, New York Area" listing produced by the Tompkins County Environmental Management Council, as revised from time to time, or on other lists produced by Tompkins County or New York State, these are alien or exotic plant species that spread and compete with native species, often eliminating the latter.

NURSERY

A lot or structure where trees, shrubs, flowering and other plants are cultivated, grown or stored and sold.

NURSING OR CONVALESCENT HOME

A building other than a hospital where sick or infirmed persons are lodged, furnished with meals and nursing care for hire and licensed by the State of New York.

OFF-PREMISES SIGN

A sign which directs attention to a business, commodity, service, entertainment, or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed.

ONE-FAMILY DWELLING

A detached building containing a single dwelling unit.

ORDINARY HIGH WATER LEVEL

The ordinary high water level for Cayuga Lake is 384 feet above sea level.

ORDINARY HIGH WATER LINE

The line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.

PARKING SPACE

An area for the temporary parking of a motor vehicle 180 square feet in size exclusive of the parking lot circulation areas.

PHOTOVOLTAIC SOLAR ENERGY SYSTEM

A solar energy system that converts solar energy directly into electricity using photovoltaic cells.

PROJECTING SIGN

A sign protruding at an angle from a building or structure.

PUBLIC PARKING GARAGE

A garage or other structure used for the parking of automobiles for the public for a fee on an itinerant basis.

QUALIFIED SOLAR INSTALLER

A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. Persons who are not on NYSERDA's list of eligible installers or NABCEP's list of certified installers may be deemed to be qualified solar installers if the Town determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts.

QUALIFIED WIND ENERGY INSTALLER

A person who has skills and knowledge related to the construction and operation of wind energy equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible wind installers maintained by the New York State Energy Research and Development Authority (NYSERDA) shall be deemed to be qualified wind energy installers. Persons who are not on NYSERDA's list of eligible wind energy installers may be deemed qualified wind energy installers if the Town determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to safely install wind energy components such as towers, inverters, and electrical wiring, to distinguish exposed energized parts from other parts of electrical equipment, and to determine the nominal voltage of exposed live parts.

RETAINING WALL

A human-made, vertical or inclined structure designed to restrict the movement of soil, fill material, or water, stabilize soil or fill material, retard erosion, or terrace a parcel or site.

RIGHT-OF-WAY, PUBLIC

The streets, roads, highways, alleys and sidewalks within the Town that are public highways by use, or that the Town, county, or state has acquired by dedication, deeds, or grants or through the eminent domain process, including paved or finished travel surfaces, shoulders and ditches and drainageways that convey water runoff from the travel surfaces.

RIPARIAN AREA

An area adjacent to a stream that typically contains trees, shrubs, and other ground covers.

SEA WALL

A wall or embankment designed to halt the encroachment of a water body.

SEASONAL FARM LODGING FACILITIES

Temporary tent or yurt lodging facilities used in conjunction with and as part of farm operations in which guests live while participating in the farming activities for the purposes of learning about farm life or while supporting and providing temporary labor to the farm operations.

SELECTION TREE CUTTING

A forestry practice used to create or maintain uneven-aged stands of trees by periodic removal of individual trees.

SEQR

Article 8 of the New York State Environmental Conservation Law, or any similar successor statute, together with any state regulations (presently 6 NYCRR Part 617) and local regulations promulgated thereunder.

SHORELINE

The mean high-water elevation of Cayuga Lake along the shore.

SHORT-TERM RENTAL USE

SHORT-TERM RENTAL USE
The rental by a tenant of a dwelling unit, or portion thereof, for a period of less than 30 consecutive days. "Period" includes consecutive terms of rental to the same tenant(s).

A. HOSTED SHORT-TERM RENTAL USE
A short-term rental use where the owner lives and sleeps in the rented unit, or in another dwelling unit on the same or an adjacent tax parcel, throughout the short-term renter's stay, and no more than two bedrooms are rented at any one time.

B. UNHOSTED SHORT-TERM RENTAL USE
A short-term rental use where the owner does not live and sleep in the rented unit, or in another dwelling unit on the same or an adjacent tax parcel, throughout the short-term renter's stay.

SIGN

A device for visual communication publicly displayed to identify, advertise, and/or convey information.

SIGN SUPPORT

The part or parts of a sign that structurally hold up the sign, including but not limited to, a single pole, two poles on either side of a sign, or a monument base. Terracing or additional stonework, pillars, or other structures that are not integrally part of a sign are not considered supports.

SIGN SYMBOL

A sign whose shape represents an object, or a customary identifying device such as a barber pole.

SLOPE

The increase in elevation per unit of horizontal distance, expressed as a percentage.

SMALL WIND ENERGY FACILITY

A wind energy facility that supplies power primarily to on-site structures or, in the case of a wind energy facility that is a principal use on a lot, that supplies power primarily to structures on an adjacent lot.

SOLAR COLLECTOR

A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.

SOLAR FACILITY FOOTPRINT

The cumulative land area occupied during the operation of the solar energy generating facility. This shall include all areas and equipment within the facility's perimeter boundary, including the solar energy system, on-site interconnection equipment, on-site electrical energy storage equipment, and any other associated equipment, as well as any site improvements beyond the facility's perimeter boundary such as access roads, permanent parking areas, or other permanent improvements. The footprint total shall not include site improvements established for impact mitigation purposes, including but not limited to vegetative buffers and landscaping features. For small-scale ground-mounted photovoltaic systems, the solar facility footprint means the maximum occupied surface area taken up by the rows of solar panels and does not include the space between the rows.

SOLAR STORAGE BATTERY

A device that stores energy from the sun and makes it available in an electrical form.

SOLAR-THERMAL ENERGY SYSTEMS

Solar energy systems that directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water, and the heating of pool water.

SPECIFIED ANATOMICAL AREAS

The following areas of the human body:
A. Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and
B. Human male genitals in a discernible turgid state even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

The following activities:
A. Human genitals in a state of sexual stimulation or arousal; or
B. Acts of human masturbation, sexual intercourse or sodomy; or
C. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.

STORAGE

The outdoor accumulation or laying-up of manufactured products or raw materials, or the keeping of one or more pieces of movable equipment other than pleasure automobiles.

STORE/ESTABLISHMENT FRONTAGE

That part of a building frontage occupied by a single enterprise.

STORY ABOVE GRADE

Any story having its finished floor surface entirely above grade, except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is:
A. More than six feet above the grade plane; or
B. More than six feet above the finished ground level for more than 50% of the total building perimeter; or
C. More than 12 feet above the finished ground level at any point.

STREAM

A watercourse or surface depression characterized by a defined channel and stream bed that contain rocks or gravel and where water flows perennially or intermittently; this does not include man-made stormwater conveyances, such as grassy or rip-rap stabilized swales, roadside ditches, or stormwater management practices.

STREAM BANK

The sides of the active stream channel, usually marked by a break in slope.

STREAM SETBACK

An area that extends horizontally landward a specified distance from each side of a stream bank or from its center line, as set forth in § 270-219.5D.

STREAM SETBACK MAP

The map, as it may be amended from time to time, showing applicable minimum stream setbacks (subject to further extensions on a site-specific basis for streamside wetlands and/or steep slopes) and prepared by the Town of Ithaca Planning Department.

STREAMSIDE WETLAND

The area immediately adjacent to a stream that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

STREET LINE or HIGHWAY RIGHT-OF-WAY LINE

The limit of the right-of-way of a street, road or highway. Where the word "street" appears this also means highway or road.

STRUCTURE

Anything that is constructed or erected on the ground or upon another structure or building. "Structure" also includes anything that is constructed or erected underground and projects up to the ground surface or above, or anything that is constructed or erected wholly underground other than utility lines, septic and water systems, or other similar types of underground construction wholly ancillary to a principal building or structure on the premises. "Structure" also includes constructed parking spaces. The term "structure" includes a building. There is excluded from the term "structure," however, underground graves, vaults or other underground facilities for the interment of bodies.

TELECOMMUNICATIONS FACILITY

Any equipment, other than A) equipment used by amateur radio licensees regulated by the Federal Communications Commission; or B) equipment that is used by a governmental unit or agency that is statutorily expressly exempt from regulation by the Town of Ithaca; or C) mobile equipment that is contained in a car or other motor vehicle or is completely portable and not affixed in any manner to realty [the exception for mobile equipment does not extend to any antenna(s) attached, directly or indirectly, such as on a tower or other structure, to realty or to other facilities used in connection with such mobile equipment]; or D) devices covered by the Federal Communication Commission's over-the-air reception devices rule, found at 47 CFR Section 1.4000; or E) antennas that are not licensed by the Federal Communications Commission and are one meter or less in diameter or diagonal measurement or (for whip antennas) are one meter or less in length and no more than three inches thick; used in connection with the provision of two-way communication services of which at least one of the directions of communications is wireless, including cellular telephone services, personal communications services, private radio communications services, fire and emergency communications, and any other private or public radio communications transmissions regulated by the Federal Communications Commission in accordance with the Telecommunications Act of 1996 and other federal laws. Such uses shall include private commercial uses as well as public uses. A telecommunications facility shall include monopole, guyed, or latticework tower(s), as well as antenna(s), switching stations, principal and accessory telecommunications equipment and supporting masts, wires, structures and buildings.

THOROUGHFARE

Area of land that is not part of a lot, devoted for use as a public way (whether it has public or private ownership) for travel, gathering, utility infrastructure, and related amenities.

TIMBER HARVESTING

The cutting, removal, or harvesting of timber or trees.

TREE-CARE SERVICE PROVIDER

An establishment that provides off-site tree care services, including tree pruning and tree removal, consultations and integrated pest management. The service involves the use of machinery, equipment, trucks and other appurtenances that are stored on the provider's premises, including storage of wood products removed from off-site operations.

TWO-FAMILY DWELLING

A detached building containing two dwelling units.

UNHOSTED SHORT-TERM RENTAL USE

A short-term rental use where the owner does not live and sleep in the rented unit, or in another dwelling unit on the same or an adjacent tax parcel, throughout the short-term renter's stay.

VEHICLE REPAIR GARAGE

A facility at which the principal activity is the servicing or repairing of motor vehicles for hire. Such facilities include but are not limited to mechanic's shops, speedy-type oil and lubrication facilities, and muffler and brake repair facilities.

WALL

See definition for fence.

WALL SIGN

A sign painted or affixed on and parallel to an exterior wall of a building or other structure, but not on window glass or other window material.

WATER RIGHTS LINES

The lines that are used solely for determining the boundaries for the placement of certain piers, docks, wharves and other similar facilities subject to this chapter.

WATERSIDE

The lake side of the ordinary high water line.

WETLAND

Any area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

WIND ENERGY FACILITY

The structures and associated equipment which convert wind energy into usable mechanical or electrical energy, including towers, turbines, guy wires, associated anchors and foundations, mounts, connected facilities such as generators, alternators, inverters and batteries, and other associated equipment.

WINDOW SIGN

A sign painted or affixed on glass or other window material, or located inside within three feet of the window and visible from the exterior of the window, but not including window displays of products.

WOODSHED

An accessory building used exclusively for the storage of firewood and which has at least one side that has no wall.

YARD

An open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise permitted herein.

YARD, FRONT

The yard between the street right-of-way line and the front facade of the principal building, extended from each rearmost exterior corner of the front facade to the adjacent side lot line.

YARD, REAR

The yard between the rear lot line and the rear facade of the principal building, extended from each most forwardly exterior corner of the rear facade to the adjacent side lot line.

YARD, SIDE

The yard between the principal building and a side lot line, but excluding a front yard or rear yard.

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MapLink™ | Definitions

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Town of Ithaca, NY

MapLink™ | Definitions