The New Neighborhood Code
The New Neighborhood Code (
Chapter 272) establishes and defines the following four neighborhood transect (NT) zones for traditional neighborhood development (TND).
NT-3 Neighborhood edge (§ 272-203)
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NT-4 Neighborhood general (§ 272-204)
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NT-4u Neighborhood urban mix (§ 272-205)
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NT-5 Neighborhood center (§ 272-206)
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A regulating plan (§ 272-702) maps transect zones to specific areas in a TND neighborhood unit. Rezoning to a transect zone must not happen without an underlying regulating plan.
The New Neighborhood Code (
Chapter 272) has special regulations for zone assignment, neighborhood and street design, parks and preserves, uses, building disposition and design, site planning, parking, landscaping, fences and walls, service areas, signs and murals, outdoor lighting, and other features, that apply in transect zones and TND projects. Special regulations in the New Neighborhood Code supersede equivalent regulations in Chapter
270.
Continuation of special land use districts.
The provisions of any prior zoning ordinance or local law creating, implementing, amending, or in any other manner dealing with any special land use district as in effect on the effective date of the adoption of this provision shall continue in full force and effect unless expressly modified by the terms of this chapter or any other local law or ordinance adopted subsequent to the adoption of this provision. Henceforth, such special land use districts shall be considered planned development zones for the purposes of this chapter. Without limiting the foregoing, the adoption of this revised chapter shall not alter the permitted uses nor the conditions or limitations relating to properties within an existing special land use district.
Zone boundaries.
Where uncertainty exists with respect to the exact boundaries of the various districts as shown on the Zoning Map, the following rules shall apply:
A. Where zone boundaries are indicated as approximately following the center lines of streets or highways, street lines, or highway right-of-way lines, such center lines, street lines, or highway right-of-way lines shall be construed to be said boundaries.
B. Where zone boundaries are so indicated that they approximately follow the lot lines as shown on plots of record at the time this chapter becomes effective, or lot lines on plots of record at the time of any amendment rezoning an area, then such lot lines shall be construed to be said boundaries.
C. Where zone boundaries are so indicated that they are approximately parallel to the center lines of street lines or streets, or the center lines or right-of-way lines of highways, such zone boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no such distance is given, such dimension shall be determined by the use of the scale shown on said Zoning Map.
D. Where the boundary of a zone follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line.
E. Where the boundary of a zone follows a stream, lake or other body of water, unless otherwise indicated said boundary line shall be deemed to be at the center line of said stream, lake, or other body of water, unless said center line is outside the jurisdiction of the Town of Ithaca, in which event said boundary line shall be deemed to be at the limit of the jurisdiction of the Town of Ithaca.
F. Distances shown on the Zoning Map are perpendicular or radial distances from street lines measured back to the zone boundary line, which lines, in all cases where distances are given, are parallel to the street line.
G. In all other cases the boundary line shall be determined by use of the scale on the Zoning Map.
H. Any lands existing in the Town of Ithaca which are unzoned at the time of the adoption of this amendment, and any lands hereafter added to the Town of Ithaca by annexation or otherwise, are hereby zoned Low Density Residential Zone. Any such after-acquired lands shall be automatically zoned Low Density Residential Zone upon such acquisition, except that such lands may be thereafter rezoned to any other zone as determined by the Town Board.
Prohibition of uses.
All uses not specifically set forth as permitted uses in a zone are expressly prohibited as uses in that zone. A use specifically permitted in one zone is not permitted in any other zone, less restrictive or otherwise, unless specifically enumerated as a permitted use in such other zone.