HomeMy WebLinkAbout2011 Supplements GENERAL CODE
INSTRUCTIONS
Town of Ithaca Code Supplement No.21
The enclosed new and/or replacement pages should be placed in your Code volume immedi-
ately! The dateline, on the bottom of the page, does not indicate the adoption date of the Code
changes,but rather identifies the pages printed with this supplement. This instruction page should
be placed in the front of your Code volume.
REMOVE INSERT
Table of Contents, Table of Contents,
vii—viii vii—viii
112:1 — 112:4 112:1— 112:5
214:3—214:4 214:3—214:4
225:3—225:4 225:3—225:4
230:1 —230:5 230:1 —230:16
271:27--271:34 271:27—271:34
-- 271:34.1
DL:5 DL:5
- Index Pages 1 —25 Index Pages 1 —26
Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 4-2010; 6-
2010; 7-2010.
01-01-2011
TABLE OF CONTENTS
104. Agricultural Assessments..................................................... 104:1
112. Animals................................................................................ 112:1
Article I Dog Control and Licensing
121. Bingo.................................................................................... 121:1
125. Building Construction and Fire Prevention.......................... 125:1
129. Buildings, Unsafe................................................................. 129:1
148. Environmental Quality Review............................................ 148:1
153. Fees ...................................................................................... 153:1
157. Flood Damage Prevention.................................................... 157:1
161. Freshwater Wetlands............................................................ 161:1
166. Games of Chance................................................................. 166:1
173. Lighting,Outdoor................................................................. 173:1
175. Lock Boxes........................................................................... 175:1
184. Noise .................................................................................... 184:1
188. Notification of Defects.......................................................... 188:1
192. Numbering of Buildings....................................................... 192:1
200. Parks and Recreation Areas.................................................. 200:1
205. Property Maintenance.......................................................... 205:1
210. Sewer Rents..........................................................................210:1
214. Sewer Use:Use of Public.Sewers........................................214:1
215. Sewer Use: Rules,Regulations&Penalties of Board of
Public Works, City of Ithaca,NY,Re: Water Supply,
Sewage Disposal &Air Conditioning..................................215:1
Vii 01-01-201'1
ITHACA CODE !`
216. Sewer Use: Requirements for Contributors Into Joint
POTW...................................................................................216:1
217. Sewer Use:Administration and Amendments .....................217:1
221. Signs.....................................................................................221:1
225. Sprinkler Systems.................................................................225:1
227. Storm Sewer System and Surface Waters Protection...........227:1
228. Stormwater Management and Erosion and Sediment
Control..................................................................................228:1
230. Streets and Sidewalks...........................................................230:1
Article I Excavation and Construction in Municipal Roadways
and Highway Rights-of-Way
Article II Construction and Repair of Sidewalks
Article III Hanshaw Road Walkway
234. Subdivision of Land.............................................................234:1
239. Taxation................................................................................ 239:1
Article I Senior Citizens Exemption
Article II Alternative Veterans Exemption
Article III Business Investment Exemption
Article N Exemption for Certain Disabled Persons With Limited
Income
Article V Exemption for Improvements to Property Made Pur-
suant to Americans with Disabilities Act
Article VI Historic Barn Exemption
243. Taxicabs ...............................................................................243:1
250. Vehicles and Traffic.............................................................250:1
Article I (Reserved)
Article II Vehicle Weight Limits
Article III Parking;Stop and Yield Intersections
254. Watercraft.............................................................................254:1
256. Water Protection................................................................... 256:1
Part 1 Cross-Connection Control
Part 2 Supplementary Cross-Connection Control
261. Water Rates..........................................................................261:1
viii 01-01-2011
E
Chapter 112
1_
ANIMALS
ARTICLE I § 112-5. Minor owner; responsibility of
Dog Control and Licensing head of household.
§ 112-6. Presumption.
§ 112-1. Purpose.
§ 112-7. Public cooperation.
§ 112-2. Prohibited acts. § 112-8. Penalties for offenses.
§ 112-3. Enforcement. § 112-9. Licensing and license fees.
§ 112-4. Filing of complaints. § 112-10. Impoundment fees.
[HISTORY: Adopted by the Town Board of the Town of Ithaca as indicated in article
histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise—See Ch.184. Parks and recreation areas—See Ch.200.
ARTICLE I
Dog Control and Licensing
[Adopted 5-10-1979 by L.L. No. 2-19791
§ 112-1. Purpose.
The purpose of this article is to promote the public health, safety, and welfare of the
community, including the protection and preservation of the property of residents of the Town
and its inhabitants, and of the peace and good order therein, by regulating and controlling
activities of dogs within the Town of Ithaca and providing for enforcement thereof.
§ 112-2. Prohibited acts.
Any owner of a dog or any other person who harbors or is custodian of any dog in the Town
of Ithaca shall bein violation of this article if such dog:
A. Is not restrained by an adequate collar and leash when not on the property of the owner
or any other person harboring or having custody or control of the dog, or is not
accompanied by and in the actual control of its owner or any other person harboring or
having custody of the dog.
B. Engages in such habitual or continued barking, howling, or whining so as to cause a
person's rest to be broken, his sleep to be interrupted, or the reasonable use or enjoyment
of his home or property to be otherwise interfered with, disturbed or diminished, or that
causes a person to be otherwise harassed, annoyed or disturbed.
i
112:1 01 -ox-zoxx
§ 112-2 ITHACA CODE § 112-3
C. Causes damage or destruction to property, or defecates, urinates or otherwise commits a
nuisance other than on the premises of the person owning or harboring such dog.
D. When not on the premises of the person owning or harboring such dog, chases or
otherwise harasses any person in such a manner as reasonably to cause intimidation to
such person or to put such person into reasonable apprehension or bodily harm or injury.
E. Except when it is on the premises of the owner, or other person harboring or having
custody of the dog, where it is usually harbored, chases, barks at, leaps on, or otherwise
attacks any bicycle, motorcycle, motorwagon, carriage, or any other vehicle or device
used by persons for travel or as a conveyance, or any riders or occupants thereof, or
horse, including any rider thereon, or other animal.
F. Is unlicensed when four months of age or older, unless the dog is exempt from this
requirement pursuant to Article 7 of the Agriculture and Markets Law of the State of
New York. In addition, any dog harbored within the Town of Ithaca that is owned by a
resident of New York City and is licensed by the City of New York, or that is owned by
a nonresident of New York State and is licensed by a jurisdiction outside the State of
New York, shall be exempt from this licensing requirement for a period of 30 days from
the day the dog is first harbored within the Town. For the purposes of this article,
"harbor" shall mean to provide food or shelter to any dog. [Amended 7-12-2004 by
L.L. No. 7-2004; 12-13-2010 by L.L. No. 7-20101
G. Is not wearing a current valid Town of Ithaca dog license identification tag at all times,
unless the dog is exempt from this requirement pursuant to Article 7 of the Agriculture
and Markets Law of the State of New York or meets the following requirements:
[Amended 12-13-2010 by L.L. No. 7-2010]
(1) Dogs participating in a dog show are exempt from this requirement during such
participation.
(2) Any dog harbored within the Town of Ithaca that is owned by a resident of New
York City and is licensed by the City of New York, or that is owned by a
nonresident of New York State and is licensed by a jurisdiction outside the State of
New York, shall be exempt from this requirement for a period of 30 days from the
day the dog is first harbored within the Town.
H. Is not redeemed after notice of seizure is given to the owner within five days of such
seizure.
§ 112-3. Enforcement. [Amended 12-13-2010 by L.L. No. 7-20101
The Dog Control Officer of the Town of Ithaca, or any other person or persons who are or
may be lawfully authorized by the Town shall, and all peace officers may, administer and
enforce the provisions of this article and Article 7 of the Agriculture and Markets Law of the
State of New York, and for such purpose shall have the authority to issue appearance tickets
and/or, when authorized by law, to seize dogs, either on or off the premises of the owner or
person harboring such dog, if witnessed by any of the aforesaid persons or officers to be in
112:2 01-01-2011
§ 112-3 ANIMALS § 112-8
violation of this article or Article 7 of the Agriculture and Markets Law of the State of New
York.
§ 1124. Filing of complaints.
A. Any person who observes a dog in violation of any acts prohibited by this article may
file a signed complaint, under oath, with a Town Justice of the Town of Ithaca, or with
the authorized Dog Control Officer, or with any peace officer, specifying the
objectionable conduct of the dog, the date thereof, the damage caused, or the acts
constituting violation of this article, and including the place or places where such conduct
occurred and the name and residence, if known, of the owner or other person harboring
such dog. Upon receipt of such a complaint, the authorized Dog Control Officer or peace
officer receiving such complaint shall transmit same to the Town Justice.
B. Upon receipt by the Town Justice of such complaint against the conduct of or acts by
any particular dog, or the owner thereof or other person harboring such dog, the Town
Justice may issue a written summons directing the alleged owner or other person
harboring said dog to appear in person before him; if such person does not appear, the
Town Justice may issue a warrant for the arrest of said person based upon any complaint
of information previously filed.
§ 112-5. Minor owner; responsibility of head of household.
If any dog in violation of this article is owned by a person under 18 years of age, the head of
household in which said person resides shall be deemed to be the owner of person harboring
such dog and shall be responsible for the acts of said dog for purposes of this article.
§ 112-6. Presumption.
The fact that the dog is in violation of any of the provisions of this article shall be
presumptive evidence that the dog has been permitted to be in violation with the knowledge
of the owner or person harboring the dog.
§ 112-7. Public cooperation.
No person shall intentionally hinder, resist or oppose the authorized Dog Control Officer,
peace officer, or other person authorized to administer or enforce the provisions of this article
in the performance of his duties under this article.
§ 112-8. Penalties for offenses. [Amended 12-13-2010 by L.L. No. 7-2010]
A. A violation of this article shall constitute a violation as the same is defined in the Penal
Law of the State of New York, and shall be punishable by a fine of:
(1) For the first violation: $50;
(2) For the second violation committed within the preceding five years: $75; and
112:3 of -of-zoli
§ 112-8 11"11 A C A ('('1D E § 112-9
(3) For the third and all subsequent violations committed vN�ithiti the preceding five
years: $125 or imprisonment for a term not to exceed 1 5 days, or both. Jll,
B. A( the Town's election, it r1lay c(inimence in action to recover a civil penalty an(For
in.junctive relief' for a violation of this article. 'file civil penalty shall be:
(l For the first violatiow $50;
(2) For the second violation cornmilAcd within the preceding fIvc ycars: $75; arid
(3) 1i"car the third an(] all subsequent violations cominittcd within the preceding five
years: $125.
C. The fines arid penalties specified above are in addition to any penalties provided by law
for violations of Article 7 of the. Agriculture arid Market's Law of the State of New York,
§ 112-9. Licensing and license tees. jAineuded 1110-23-2003 by LL. No. 3-2003; 5-11-2009
by 1-1— No. 6-20091 12-13-2010 by L.L. No. 7-20101
A. Tlie '['own Clerk of the Town of Ithaca shall prcmde, accept arid grant applications for
(log licenses required by Article 7 of the Agriculture arid Markets l-aw of the Stale of'
New York, and for purebrcd licenses, for clogs harbored within the Town of Ithaca, In
addition, the Towii Board ofthe 'fawn of Ithaca may authorize by rosolliti011 the rilinager
rel'as pound or shelter established cir maintained by the Town, or with which it contracts
for shelter services, to provide,, accept: and grant applications t'or such licenses inade by, as
resident of the Town at the time cif the acloption or rccleniption of a dog frorn the pound
or shelter, provided the application is made in accordance with Town of Ithaca
procedures, and further provided the rixtriager remits to the '['own of Ithaca the ficense
fees and any additional fees, surcharges and ,assessments refcrenced in Subsection Cl'
below.
R Each license aPplicatiotr shaH be accompanied by proof"than the dog has been vaccinated
against rabies or a stateirient from a licensed veterinarian that such vaccination would
enclanger the (log's life, in which case rabics, vaccination shall not be required.
C- The (log owner shall pay the Town (or manager of as pound or shelter as authorized by
Town Board resolution) license fees an(] surcharges as set from time to tirne by Tomi
Board resolution, and the dog owner sliall also pay the 'town or authorized manager an�y
fees, SUrcharges and/or ass(ssnielilS Set forth in Article 7 of the Agriculture and Markets
Law of (fie State cat New York,,
1), In the event that the State of New York changes or adds any state surcharges,
asses stncrits and/or fees related to (logs, the total fee to be charged shall be modified to
include the then-current foes, surcharges and assess nients.
112:4 01 -01 -2011
§ 112-10 ANIMALS § 112-10
§ 112-10. Impoundment fees. [Added 12-13-2010 by L.L. No.7-20101
The owner of a dog that is seized and redeemed in accordance with the provisions of Article 7
of the Agriculture and Markets Law of the State of New York shall pay the following
impoundment fees to the Town of Ithaca before the dog is released to the owner:
A. For the first impoundment of any dog owned by that person: $10;
B. For the first 24 hours or part thereof. $20, and $3 for each additional 24 hours or part
thereof for the second impoundment, within 1 year of the fust impoundment, of any dog
owned by that person.
C. For the first 24 hours or part thereof. $50, and $3 for each additional 24 hours or part
thereof for the third and subsequent impoundments, within one year of the first
impoundment, of any dog owned by that person.
1
112:5 01-01-2011
§ 214-1 SEWER USE: USE OF PUBLIC SEWERS § 214-1
into an agreement whereby the said municipality agrees to receive and treat sewage discharge
and waste through its municipal sewage works.
GARBAGE — Shall mean solid wastes from the domestic and commercial preparation,
cooking, and dispensing of food, and from the handling, storage and sale of produce.
INDUSTRIAL WASTES — Shall mean the liquid or wastes from industrial manufacturing
processes, trade, or business as distinct from sanitary sewage.
MUNICIPAL BOARD— Shall mean the Town Board of the Town of Ithaca. t
NATURAL OUTLET— Shall mean any outlet into a watercourse, pond, ditch, Iake, or other
body of surface or groundwater.
PERSON— Shall mean any individual, firm, company, association, society, corporation, or
group.
pH — Shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams
per liter of solution.
POLLUTION — Shall mean the man-made or man-induced alteration of the chemical,
physical, biological, and radiological integrity of water.
PRETREATMENT — ShaIl mean the reduction of the amount of pollutant properties in
wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing
such pollutants into a POTW. The reduction or alteration can be obtained by physical,
chemical, or biological processes, process changes, or by other means, except as prohibited by
40 CRF 403.6 General Pretreatment Regulation for Existing and New Sources of Pollution.
PROPERLY SHREDDED GARBAGE — Shall mean the wastes from the preparation,
cooking, and dispensing of food that have been shredded to such a degree that all particles
will be carried freely under the flow conditions normally prevailing in public sewers, with no
particle greater than 1/2 inch (1.27 centimeters) in.any dimension.
PUBLICLY OWNED TREATMENT WORKS (POTW) — Is a treatment works as defined
by Section 212 of the Federal Clean Water Act (33 U.S.C. § 1292). This includes any sewers
that convey wastewater to the POTW but does not include pipes, sewers, or other
conveyances not connected to a facility providing treatment.
PUBLIC SEWER — ShalI mean a sewer in which all owners of abutting properties have
equal rights, and is controlled by public authority.
SANITARY SEWER — Shall mean a sewer which carries sewage and to which storm,
surface, and groundwaters are not intentionally admitted.
SEWAGE— Shall mean a combination of the water-carried wastes from residences, business
buildings, institutions, and industrial establishments, together with such ground, surface, and
stormwaters as may be present.
I. Editor's Note:Added at time of adoption or Code(see Ch.1,General Provisions,Art.1).
214:3 01-01-2011
§ 21'1.1 ITHACA CODE § 214-4
SEWj\GE WORKS ---- Shall mean all fiacilifies t"O" C(flIccling, pumping, treating, 'and
disposing ofsewage,
SEWER - Shall mean a pipe or concluit for carrying sewage.
SEWER INSPECTOR or SEWER, SUPERINTENDENT . - Shall mean any, persori appointed
by the Municipal Board who shall be the Board's authorized agent and representative in the
a.drimnistration and enforcciiient of this chapter and shall exercise those powers (.1elegatc(l to
him in this chapter or which rnav be reasonably required to carry out suell powers, LJnfil SUCII
time as a Sewer Inspector or Sewer Superintendent is appointed, any such powers shall be
exercisM by such person or persons IS the MUnicipal Board may designate,
I
SIGNIFICAN'r INDL)STRIAL USFR -- Shall mean a user which consists of-
A. All industries sut)ject to categorical pretreatment stand orris;
K Industries having substantial impact, either singly or in coinbimation with other industries,
on the operallon of the treatment
C Manufacturing ITHILISfi-iCS Wing priority pOlJrjraj1ts,' and
D, 'I"'hose industries discharging more than 25,000 gallons per day ol'process waste.
ARTICILE 11
Use of Public SewetsRequh-ed
§ 214-2. UnlawFid deposits.
It Shall be unlawful for any person to place, deposit, or penri.it to be deposited in any
Unsanitary manner on public or private proputy within the trurruncipality, or in any area under
the jurisdictiort of said municipality, any human or anitnal excrerneril, garbage, or other
obJectionable waste.
§ 214-3. Unlawful discharges.
It, shall be unlawful to discharge to any natural outlet within the municipality or in any area
under thejurisdictiorr ofsaid municipality, any sewage or other polluted waters, except where
suitable treatment has been provided in accordance with subsequent provisions of this chapter.
§ 214-4. Septic tanks prohibited.
Except as herenrafter proviticti, it shall be unlawful to construct or mainim'n any privy, privy
vault, septic tank cesspool, or other facility intended or used t7or the disposal ofsewage.
214:4 01 -01 -2011
§ 225-3 SPRINKLER SYSTEMS § 225-3
(22) Indoor tennis courts or other sport courts.
(23) Lecture halls.
(24) Libraries.
(25) Lodge halls or rooms.
(26) Hotels.
(27) Motels.
(28) Lodging and boarding houses (including bed-and-breakfast establishments).
(29) Motion-picture theaters.
(30) Museums.
(31) Nightclubs.
(32) Recreation centers.
(33) Restaurants.
(34) Skating rinks.
(35) Theaters.
(36) Churches, synagogues and similar places of worship.
r (37) Schools, colleges and similar places of education including dormitories.
(38) Outpatient clinics.
(39) Day-care centers.
(40) Any building in which child care is provided for hire for more than three children
unless smoke detectors are provided in all rooms of the facility (except kitchens,
bathrooms, and enclosed closets of 50 square feet or less in area), in which event
no sprinkler system shall be required unless child care is provided for hire for
more than 14 children. The exceptions permitted by this subsection shall not alter
the requirements for sprinkler systems in day-care centers. [Amended 10-1-1990
by L.L.No. 10-1990; 11-7-1995 by L.L. No. 11-1995]
(41) Clinics.
(42) Hospitals.
(43) Infirmaries.
(44) Sanatoriums.
(45) Boathouses.
(46) Nursing homes.
225:3 01-01-2011
§ 225-3 ITHACA CODE § 225-6
(47) Nightclubs.
(48) Group homes.
(49) Halfway houses.
(50) (Reserved)'
(51) Any other buildings, except detached one- and two-family dwellings, the use of
which includes regular overnight sleeping by human occupants.z jAmended
11-10-1988 by L.L. No. 10-1988]
§ 225-4. Building permit.
A. No building permit shall be issued for the construction of any new building, structure or
portion required to have an approved sprinkler system pursuant to this chapter unless an
approved sprinkler system is included in the plans for such construction submitted for the
building permit.
B. If an application for a building permit for repairs, conversions, alterations, additions to,
or for removal of, an existing building is submitted; and the building, upon completion of
the work for which the building permit is sought, is or will be a building listed in
§ 225-3; and by reason of the work identified in the building permit application, the
entire building would normally thereafter have to be in compliance with Subchapter B of
the New York State Uniform Fire Prevention and Building Code or any similar successor
statute (e.g., if the cost of alterations exceeds 50% of the replacement cost of the
building), such building permit shall not be issued unless an approved sprinkler system is ../
included in the plans for the work submitted for the building permit. [Amended
9-13-1999 by L.L. No. 8-19991
§ 225-5. Certificate of occupancy.
No certificate of occupancy shall be issued for occupancy or use of any building, structure, or
portion thereof, required to have an approved sprinkler system unless such system is installed,
inspected, tested and approved to the satisfaction of the Town of Ithaca Building Inspector.
§ 225-6. Exception. [Amended 4-12-2010 by L.L. No. 3-2010]
Notwithstanding the terms of this chapter, sprinklers shall not be required to be installed in
spaces where the discharge of water would be hazardous. In such places, other
fire-extinguishing equipment shall be provided that meets the requirements of the New York
State Uniform Fire Prevention and Building Code and the standards of the National Fire
1. Editor's Note; Original subdivision (90), One- and two-ramlly dwellings, was repealed 11-10-1988 by L.L. No.
10-1988.
2. Editor's Note. Original Section 4, Existing buildings required to install sprinkler systems, as amended, which '
immediately followed this subsection,was repealed 9-13-1999 by L.L.No.8-1999.
225:4 01 -01-2011
Chapter 230
STREETS AND SIDEWALKS
ARTICLE I § 2304.11. Waivers.
Excavation and Construction in § 230-4.12. Enforcement; penalties for
Municipal Roadways and Highway offenses.
Rights-of-Way
§ 2304.13. Appeals.
§ 230-1. Application; findings. § 230-4.14. Final determinations.
§ 230-2. Definitions. § 230-4.15. Liability and indemnity.
§ 230-3. Prohibitions. § 230-4.16. Conflict with other laws.
§ 230-4. Permit required.
ARTICLE II
§ 23041. Permit process. Construction and Repair of Sidewalks
§ 2304.2. Winter work.
§ 2304.3. Review of application; fees, § 230-5. Title; statutory authority.
escrow deposits, security and § 230-6. Construction of sidewalks.
insurance.
§ 230-7. Maintenance of sidewalks.
§ 230-4.4. Permit issuance. § 230-8. Duty to construct and
§ 230-4.5. Enforcement officer. maintain sidewalks.
r § 230-4.6. Performance. § 230-9. Applicability.
§ 230-4.7. Revocation of permit;
defaults. ARTICLE III
§ 230-4.8. Rent or highway use and Hanshaw Road Walkway
occupancy fee; permanent
use or occupation of § 230-10. Ownership, maintenance and
roadway. liability.
§ 2304.9. Inspections. Exhibit A, Sidewalk
§ 2304.10. Restoration. Specifications for the Town of
Ithaca
f HISTORY: Adopted by the Town Board of the Town of Ithaca as indicated in article
histories. Amendments noted where applicable.]
GENERAL REFERENCES
Notification of defects—See Ch.188. Property maintenance—See Ch.205.
Numbering of buildings—See Ch.192. Traffic—See Ch.250.
230:1 01-01 -2011
§ 230-1 ITHACA CODE § 230-2
ARTICLE I
Excavation and Construction in Municipal Roadways and Highway Rights-of-Way
[Adopted 7-12-2010 by L.L. No. 4-201011
§ 230-1. Application; findings.
The provisions of this article apply only within the Town of Ithaca, Tompkins County, New
York. The Town of Ithaca hereby finds and declares that the provision of safe travel and the
maintenance of safe public highways and roadways are of paramount importance to the
public. Further, highways are costly to build, repair and maintain, and the Town of Ithaca
expends substantial resources annually to maintain, repair, preserve and protect such public
highways. Thus, based thereupon, and upon the authority granted to the Town of Ithaca under
and pursuant to Town Law § 64, highway Law § 136, Articles 39, 40 and 41 of the Vehicle
and Traffic Law, and § 10, Subdivision 1(a)(6) and l(a)(12), of the Municipal Home Rule
Law, the Town of Ithaca adopts this article to preserve and protect highways and related
rights-of-way, and to ensure safe travel for all persons travelling there upon.
§ 230-2. Definitions.
The following terms used in this article shall have the following meanings:
APPURTENANT STRUCTURE— Any temporary or permanent structure or construct, other
than a roadway or road surface, within the area of any highway, including those structures,
constructs, and devices located or installed over, upon, or under any such highway, including,
but not limited to, signs, traffic control devices, waterlines, utility lines, communications lines,
culverts, ditches, drainage ways, manholes, fire hydrants, curbs, driveways, guardrails,
bridges, bridge supports and railings, fencing, and often also including driveways.
DEFAULT—
A. Any violation of the terms, requirements, or conditions of this article; or
B. The violation of any terms or conditions of any permit; or
C. Performing any work, construction, or excavation not referenced in any application; or
D. Performing any work, construction, or excavation upon any land, highway, or
appurtenant structure not specifically identified in the application or the permit issued by
the Town of Ithaca.
CONSTRUCTION — The building, installation, repair, or replacement of any appurtenant
structure.
CONTRACTOR — Any person or entity, including any landowner or private citizen, that
proposes to perform excavation or construction under, in or upon any highway, or any
appurtenant structure related to any highway.
1. Editor's Note: This local law also repealed former Art. I, excavations in Town Streets and highways, adopted
7-12-1965 by L.L.No.2-1965,as amended.
230:2 01-01-2011
§ 230-2 STREETS AND SIDEWALKS § 230-2
EXCAVATION — Any work, process, or construction that proposes to or does alter the
surface of any highway, or which affects the soils or any appurtenant structure of or under any
highway, including, but not limited to, pavement cuts and culvert installations, and also
including road surface work and paving.
FEE — Any charge or cost imposed or due under or as a result of this article. Fees may be
set, updated, changed, or amended from time to time by resolution of the Town Board of the
Town of Ithaca.
HIGHWAY — Each, every, and all public streets, public sidewalks, public roads, public
alleys, and public highways within the Town of Ithaca that are Town of Ithaca highways by
use, highways by dedication, and/or highways by implication, including the paved or finished
surfaces thereof, all signage, all ditches, culverts, drains and drainage ways, all utility and
similar structures and appurtenances, and all land, improved or otherwise, within the bounds
of the highway rights-of-way.
HIGHWAY SUPERINTENDENT — The elected or appointed highway Superintendent of
the Town of Ithaca, and/or the Town of Ithaca Director of Public Works, as applicable,
together with the designees of each such person who are given specific written authorization
to act for such highway Superintendent or Director of Public Works under this article. By
resolution, the Town Board may designate any person or entity to act in the name, place,
and/or stead of the highway Superintendent in relation to any or all matters, duties, powers,
and/or responsibilities of the highway Superintendent as are referenced in or necessarily
implied by the terms and clauses of each and all of the sections of this article. Further, by and
in the same or another resolution, the Town Board may revoke or limit the power of
appointment of the highway Superintendent or the Director of Public Works to name
designees under this article, and may further appoint such designees itself, or grant such
appointment power to any person or entity designated to so act in the name, place, and/or
stead of the highway Superintendent.
PERMIT— Any permit required under or pursuant to this article.
SECURITY—
A. A cash deposit delivered to the sole custody of the Town of Ithaca to secure and
guarantee performance under any permit and compliance with this article, free of
reservations, restrictions, conditions or claims; or
B. An unconditional Ietter of credit approved by the Town of Ithaca; or
C. A performance, completion, and indemnity bond approved by the Town of Ithaca; or
D. A certificate of deposit irrevocably assigned to the Town of Ithaca in an approved
amount; or
E. Any other form of undertaking as approved by the Town of Ithaca; or
F. Any combination of the foregoing approved by the Town of Ithaca.
230:3 01-01-2011
§ 230-3 ITHACA CODE § 230-4.1
§230-3. Prohibitions. r
No firm, utility company or provider, transportation corporation, communications or cable
company, or other person or entity shall conduct any construction or make any excavation,
cut, or breaking in, or otherwise open any highway or sidewalk for any purpose whatsoever,
including, but not limited to, the making of any driveway connection or the installation or
repair or replacement of any culvert or other appurtenant structure, without a permit issued
pursuant to the requirements of this article. No contractor may perform any construction or
excavation in, upon, or under any highway, nor construct, repair, install, or build any
appurtenant structure, without a permit. No contractor or other person or entity in connection
with construction or excavation may spread, place, or distribute any substance upon a
highway or within a highway right-of-way unless done pursuant to, and in compliance with, a
permit.
A. In the case of an emergency any person or entity already having or possessing rights to
any appurtenant structure within any highway may effect such emergency repairs as are
reasonably necessary; but such person or entity must thereafter apply for a permit upon
the next business day.
B. This article shall not apply to the installation of mailboxes and newspaper boxes.
§ 230-4. Permit required.
A. Contractors must obtain all appropriate and/or required permits and approvals from the
United States, the State of New York, and the County of Tompkins, or from their
applicable subdivisions, prior to applying for a permit from the Town of Ithaca. All
contractors are required to obtain a permit from the Town of Ithaca prior to performing "`����✓
any construction or excavation in, upon, or under any highway, or before constructing,
repairing, installing, or building any appurtenant structure. Each permit issued by the
Town of Ithaca will be valid only for a stated period of time. permits are not
transferrable or assignable by any act or by operation of law. If the permit expires, a
renewal permit may be issued by the Town for an additional fee, as set from time to time
by Town Board resolution, and upon such additional terms, security, or restrictions as
determined by the Town highway Superintendent.
B. When a common construction or excavation project involves more than one firm or
contractor, including public service companies and transportation corporations, those
contractors shall together designate in writing a lead contractor who shall be responsible
for obtaining a permit, for acting in compliance therewith, and for compliance with the
terms and requirements of this article. Despite the existence of a lead contractor, all such
other persons and entitles shall be and be deemed contractors under and pursuant to this
article.
§ 230-4.1.. Permit process.
Contractors must submit a completed application for a Town of Ithaca permit upon a form
provided and approved by the highway Superintendent. The highway Superintendent may
develop and utilize one or more types of forms for permit applications as based upon any
230.4 01-01-2011
§ 2304.1 STREETS AND SIDEWALKS § 230-4.1
reasonable standard, such as, but not limited to, the type of work to be performed (e.g.,
culvert permits or driveway or curb cut permits or excavation permits, etc.). All permit
applications must be completed in their entirety and must contain the following information or
materials:
A. Project drawings and specifications for any excavation or construction as required by the
highway Superintendent, including, where applicable, surveys and/or plans sealed by a
New-York-State-licensed engineer or surveyor in compliance with, inter alia, the New
York State Education Law.
B. An application fee. The contractor must submit, at the time the application is submitted,
an application fee as set from time to time by Town Board resolution, or the application
will be rejected as incomplete.
C. If the contractor proposes to do work or perform any excavation or construction upon or
under any land outside of the highway, the written consent of the owners of each such
parcel of land shall be provided, and such written consent must recite that such owner
has reviewed the proposed excavation or construction drawings and specifications and
consents to, or otherwise permits, such work.
D. An executed instrument, in a form satisfactory to the Town, that the contractor assumes
sole responsibility for the worksite and related or adjacent areas and lands, agrees to
assume all responsibility for any loss, injury or damage that may or does occur as a result
of any excavation or appurtenant structure work, agrees all work shall be performed in
accordance with the conditions of the permit and all applicable Iaws, rules and
regulations, and further agrees to defend, indemnify and hold the Town harmless from
any loss, injury or damage arising out of the granting of the permit or as a result of the
project, excavation or appurtenant structure work.
E. Whenever required, a completed environmental assessment form ("EAF") shall be
submitted by the contractor pursuant to-the provisions of the State Environmental Quality
Review Act and its implementing regulations at 6 NYCRR Part 617, and Chapter 148 of
the Town of Ithaca Code, Environmental Quality Review (together herein, "SEQRA").
No permit may be issued until the SEQRA review process has been completed.
F. A stormwater analysis of the impacts of any excavation or construction or installation
project upon the highway and its appurtenances. Such analysis shall follow the
requirements of any applicable stormwater local law or ordinance (including Chapter 228
of the Town of Ithaca Code, Stormwater Management and Erosion and Sediment
Control), and shall comply with the terms of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue Book", and, as
applicable, (ii) the State Pollutant Discharge Elimination System (SPDES) General
Permit for Stormwater Discharges from construction Activities GP 0-10-001 (as it now
exists or as hereafter codified, updated, changed or amended). Any information and any
stormwater pollution prevention plan (SWPPP) or any simple erosion and sedimentation
control plan shall be designed to contain any increases in stormwater and prevent any
erosion of the highway and any appurtenances, as well as prevent stormwater pollution
and sedimentation.
G. The required amount(s) and type(s) of security.
230:5 01-01-2011
§ 230-4.1 ITHACA CODE § 230-4.3
H. Construction and excavation start dates and completion dates. .
I. Satisfactory proof that the work shall be done by a person competent to perform the
same.
J. Any other information the highway Superintendent may require, including, but not
limited to, traffic control plans.
§ 230-4.2. Winter work
During the "winter work season," which is hereby defined as November 15 through April 1,
annually, permits will generally be issued only at the discretion of the highway Superintendent
and generally only for emergency work. In the event that a winter permit is issued, the
following temporary remediation and other requirements apply:
A. All highway shoulders shall require additional materials and compaction as determined
by the highway Superintendent.
B. Temporary pavement and road surface restorations may be made by the placement and
compaction of a minimum of two layers of dust-bound crushed stone, each of a
compacted thickness of four inches on the prepared sub grade, followed by a layer of
bituminous concrete, winter mix, six inches in compacted thickness, on top, or as
otherwise required by the highway Superintendent.
C. No frozen material shall be placed in excavation areas.
D. Daily inspections shall be required and paid for by the contractor. Whenever required by
the highway Superintendent, the contractor shall perform any needed repairs or
maintenance within 24 hours of receipt of any notice requiring the same
E. All temporary repairs shall be maintained by the contractor until a permanent repair is
made. The contractor must monitor the site and perform repairs upon at least 24 hours'
advance notice by the highway Superintendent.
F. As early as spring weather permits, the excavation area shall be inspected at the expense
of the contractor and a permanent repair shall be made by the contractor. Where required,
in the reasonable discretion of the highway Superintendent, the permanent repair may
require reconstruction of the road base or other reconstruction requirements.
G. Notwithstanding anything which may appear to the contrary in the permit or this article,
the contractor assumes all responsibility for the safe maintenance of the subject work
site(s) from November 15 through April 1, and further assumes all liability for damages
resulting from, or in any way connected with, the subject work and work area during this
period.
§ 2304.3. Review of application; fees, escrow deposits, security and insurance.
A. The highway Superintendent shall review each completed and submitted application
within 30 days. Any application may be rejected if:
230:6 01 -01-2011
§ 230-4.3 STREETS AND SIDEWALKS § 2304.4
�,-- (1) The details, specifications, or drawings are incomplete or lack specificity.
(2) The proposed project, work, excavation, or construction is or will be harmful or
injurious to any highway as determined by the highway Superintendent.
(3) The application has incomplete or inadequate stormwater controls, if required, or
an inadequate SWPPP or simple erosion and sedimentation control plan.
(4) The proposed contractor is unable to meet the security requirements of the project
and/or this article.
B. The highway Superintendent shall, for each application, determine and set an amount of
security and liability insurance that must be posted and/or provided by the contractor
prior to the issuance of any permit. The security shall be in such form and amount as
determined by the highway Superintendent. The insurance shall be procured, paid for,
and provided by the contractor, who shall maintain general all-risk liability, completed
operations, and workers' compensation insurance coverages, each in the minimum
amount of$1,000,000. Each such coverage or policy shall name the Town of Ithaca as an
additional insured and waive any subrogation rights as against the Town of Ithaca. For
any construction or excavation that will be performed in phases, that will require multiple
inspections, or that will require the review of any engineer or other paid consultant (such
as, but not exclusively, to review any SWPPP, simple erosion and sedimentation control
plan, surveys, engineering or design plans, etc., if and as required), the highway
Superintendent may require the establishment of a fee, inspection, and review escrow
account (FIREA) to be funded periodically by the contractor in amounts deemed
reasonable by the highway Superintendent to ensure that adequate funds are available to
pay for the costs of such fees, inspections, and reviews. The Town Board of the Town of
Ithaca may establish, by resolution, standardized FIREA schedules for permits and other
required reviews, inspections, and reports created; performed, reviewed, or filed under, in
accord with, or in furtherance of this article, which schedule shall be limited to such
amounts as are reasonably estimated as the administrative and other costs and expenses
incurred by the Town of Ithaca in connection with any matter arising under this article,
and be reviewed at Ieast once every year by the Town Board of the Town of Ithaca to
assure that the fees remain reasonable in light of actual and generally incurred costs and
expenses associated with Fee, inspection, and review requirements.
§ 2304.4. Permit issuance.
The highway Superintendent, upon the receipt, review and approval of any application, shall
issue a permit for such work upon such terms as determined in the reasonable discretion of
such highway Superintendent. The highway Superintendent may require that special
conditions be met as deemed necessary, in his or her discretion, in conjunction with the work,
excavation and/or construction to be performed on, in, or under any highway or appurtenant
structure. The highway Superintendent may issue a revised or amended permit at any time to
correct any error or omission, to require or reference a change in the scope of work or the
project specifications, to address the encountering of unforeseen surface or subsurface
conditions, including weather, or for any other reason.
230:7 01-01-2011
§ 230-4.5 ITHACA CODE § 230-4.6
§ 230-4.5. Enforcement officer.
The Highway Superintendent is hereby authorized, directed, and designated to enforce the
provisions of this article.
§ 2304.6. Performance.
The contractor may only perform work, construction or excavation as authorized by the
express terms of the permit. In performing such work, construction or excavation, the
contractor shall:
A. Preserve and protect all roadway surfaces, the highway, and each appurtenant structure
from needless destruction or alteration.
B. Commence the work, excavation, and/or construction, within 20 days of the date the
permit is issued, and there after perform the work, excavation, and/or construction, and
all backfilling, tamping, repair, and restoration work, as one continuous operation to
complete the same by the earliest practical date. In no event shall the work, construction,
and/or excavation be completed after the completion date stated in or required by any
permit.
C. Restore and repair any affected highway and appurtenant structure to then-current
requirements.
D. Maintain at all times safe crossings, barricades, coverings, warning signs, lighting, and
any and all other, safety devices, structures, or procedures as may be required by law or
regulation, the New York State Department of Transportation, OSHA, or in the exercise
of diligent care.
E. Maintain at all times the security and insurance coverage(s) required, and to pay,
whenever requested, any FIREA deposits.
F. Perform the work, construction and/or excavation in such a manner and at such times as
to not interfere with, or to minimize, any obstructions to the safe flow of traffic.
G. Prevent stormwater pollution arising from any site or other excavation or construction,
including through the proper installation and maintenance of short-term and permanent
stormwater management practices and, as and if applicable, compliance with any
SWPPP, simple erosion and sedimentation control plan, and/or any SPDES permit
conditions or requirements.
H. Perform all backfilling and tamping with materials specified by the highway
Superintendent, which materials shall be free from clay, loam or silt, and which materials
shall be moistened and mechanically tamped until thoroughly compacted.
I. For all construction or excavation work that will impair the provision of any public
utility, water supplies, or effect any closure or partial closure of any highway, it shall be
the duty of every contractor to give at least 72 hours' advance written notice of the work
and the effect thereof to all persons, entities, or municipalities owning property or any
appurtenant structures within 500 feet of the vicinity of the proposed work. Proof of due
230:8 01 -01 -2011
§ 230-46 STREETS AND SIDEWALKS 23047
notice shall be tiled with the highway Superintendent at least 48 hours prior to the
coniniencerrient of they proposed work.
J. The cont°actor shall provide prior notice to each an(] all utility companies, public service
companies, and, rinnucipalities of the, proposed work, CXCaVatiOR, or COTISti-LICtiOn, and to
have such company or municipality mark or otherwise idenfifthe location or c(-,yurse of
any underground or other utilities, No work, excavatior), or cotistruction shall commence
until all utilities and underground appurtenances are so marked and the rules, ,in(]
regulations of the New, York State Public Service Commission and the "Dig Safely New
York" program have been Fully coinphed with.
K. All appurtenant structures shall be built, repaired and installed in accor(hince with all
applicable laws, regulations, and rules, including, but riot limital to the New York. State
Manual of Uniform Traffic Control Devices,
L,, The contractor shall preserve, protect, and maintain (including maintenance of the
distribution of all utilities encouritered or affected by or during performance of any
Nvork, excavation or, construction.
§
30 .7. Revocation of permit; defaults.
A A permit may be revoked by the liighw,r:Iy Superintendent after notice to the contractor
(or other permittee) for any violation of zany condition of the perririt, for the violation or
of any provision of"„ or noncompliance with, this article, for the violation of any provision
of any other applicable ordinance or law relating to the work, or for tile existence ofany,
condition or the doing of any act coustituting or creating a 111.1isance or endangering the
lives or properties of others. The following ter ns and conditions shall apply to the
revocation of"any permit and/or the occurrence of any default:
(1) A contractor irmy be granted cw�ire period of three days from the (late of the notice
to correct the violation and to proceed with the diligent prosecution of' the: work
authorized by the permit before said l)errnit is revoked. Written notice of arry such
violation or condition shall be served upon the contractor or his agent crigagc4l in
the Nvork. The notice shall contain as brief statenient of the grounds relied upon for
revoking the Permit,
(2t Notice may be given either by personal delivery, thereof or by registered United
States irrail addrcssed to the person notified,
(3) When a permit has been revoked and the work authorized by the permit has not
been completed, the highway Superintendent shall cause such work as may be
necessary to be performed to restore the highway to as good a condition as beft')re
the construction or excavation work was undertaken. Such performance and work
meaty be Undertaken by Oic highway Superintendent's employees and staff, Or by
any independent contractor hired by the 'Fown of Ithaca to perforin such work, All
expenses and costs incurred to restore the frigliway shall be recovered from any
posted security, or it' the same is niadequate to cover the costs and expenses
thereof,, then, from the contractor,
230:9 Or -01 -2011
§ 230-4.7 ITHACA CODE § 230-4.8
(4) The failure of any contractor to cure any default or cure any conditions stated
within the above-referenced notice within such three days shall be a default that
shall entitle the Town of Ithaca to collect and utilize any security or FIRER
deposit for any purpose related to the contractor's permit, including, but not limited
to, the repair of any damage, the completion of the project, or the hiring of any
third party to complete the project. No default, nor the completion of the project by
any third party or the Town of Ithaca, shall relieve the contractor of any obligation
or expense imposed under this article, or as may otherwise be imposed by any
other law or regulation.
B. Notwithstanding the foregoing terms, conditions and requirements, whenever the
highway Superintendent believes that there is any emergency, the highway
Superintendent may issue a stop-work order. Immediately upon receipt of the same each
contractor shall cease work, secure the.worksite, and immediately adhere to and complete
all safety inspections and procedures as may be required by law, regulation, or the terms
of the stop work order. Work may only recommence upon the written revocation of the
stop-work order by the highway Superintendent.
§ 230-4.8. Rent or highway use and occupancy fee; permanent use or occupation of
roadway.
Utility and other facilities commonly occupy areas of highway rights-of-way, whether allowed
by law or pursuant to permission granted by the State of New York or one of its agencies or
municipalities. Certain uses of the highway are and remain subordinate and subject to the
regulation of the Town of Ithaca and the use of highway rights-of-way by the public. As to
highways regulated by this article:
A. Public, private, municipal and state utility facilities will be permitted to use and occupy
the municipality's highways in accordance with any franchised right or privilege granted
by statute, such as, but not exclusively, those contained in the New York State Public
Service Law and/or Transportation Corporations Law.
B. The Town of Ithaca reserves and preserves the right to assess, impose and collect rent or
a highway use and occupancy fee from any contractor, Iandowner, service provider, or
system owner or operator occupying and using the property or highways of the Town of
Ithaca for private or commercial purposes for any period of time exceeding six months.
Such rent or fee, if assessed, shall be calculated by the highway Superintendent based
upon any rational and neutral standard, including,but not limited to:
(1) The recommendation of the Town Board of the Town of Ithaca;
(2) The recommendation of the Tompkins County Assessment Office;
(3) The amount of rent or fees charged for similar uses by the State of New York, the
New York State Department of Transportation, or any other or municipality
similarly situate to the Town of Ithaca;
(4) The fair market value for the use or of the property utilized; or
230:10 01-01-2011
§ 230-4.8 STREETS AND SIDEWALKS § 230-4.8
(5) The recommendation of an appraiser or other qualified consultant utilized by the
highway Superintendent or the Town Board of the Town of Ithaca.
C. The Town of Ithaca may require such contractor, landowner, service provider or system
owner or operator to enter into an easement and right-of-way agreement (ERA) or a
consent and lease agreement (CLA) to utilize such public property and permit the objects
or facilities to remain upon municipal land for private or commercial purposes. The
municipality and the contractor, landowner, service provider or system owner or operator
will discuss and attempt to mutually agree upon the terms and conditions of such ERA or
CLA.
D. To the extent possible, the municipality shall impose rent or a highway use and
occupancy fee upon a nondiscriminatory and competitively neutral basis.
E. Notwithstanding anything to the contrary in this section, the Town of Ithaca may, but is
not required to, negotiate with any contractor, landowner, service provider or system
owner or operator for the in-kind provision of services or other valuable consideration in
lieu of all or a portion of the amount that would otherwise be required to be paid. This
option of the municipality shall, to the extent practical, be applied in a nondiscriminatory
and competitively neutral manner with respect to the value received by the municipality.
F. All payments of rent or highway use and occupancy fees shall be paid and collected
upon a quarterly or calendar year basis, unless otherwise expressly set forth in such ERA
or CLA.
G. As to all existing utility and other facilities now within the highway, no rent or highway
use and occupancy fees shall be required to paid and collected unless and until the owner
of such facilities seeks to construct, reconstruct, replace, upgrade, or repair such existing
facilities or otherwise applies for a permit under or as required by this article. Absent any
need for a permit, such facilities may be allowed to remain within the highway free of
rent or highway use and occupancy fees. Notwithstanding the foregoing clauses, the
Town of Ithaca may require the user or owner of any existing facilities to submit a
permit application:
(1) Whenever the highway Superintendent reasonably believes that such facilities need
to be constructed, reconstructed, replaced, upgraded, or repaired so as to avoid
interference with the use of the highway by the Town of Ithaca any other
municipality, or the State of New York, or to protect the safe and unobstructed use
of the highway right-of-way by the public;
(2) In conjunction with a highway construction or maintenance project that may
require the relocation of any facilities, particularly where the work to be
undertaken in relocating such facilities may interfere with the free and safe flow of
traffic or where the facilities which are located within a clear zone or deflection
zone (as such terms are defined by NYSDOT); or
(3) Upon the 10th anniversary of the adoption of this article.
H. It may not be feasible in all circumstances to strictly comply with the requirements of
this § 230-4-8, and therefore, the Town of Ithaca may permit a waiver of, or a deviation
230:11 01-01-2011
§ 23048 ITUACA CODF" § 230-4.11
from, the standards and requirements of this § 230-4.8 (including the waiver or partial
waiver of ally rent or fee) Upoll making, as written detcrininatioil that:
(1) Stich waiver or deviation will not advcrsely atfect (lie traveling public;
(2) SLICII waiver or deviatioll kvill not adversely affect the maintenance or sate
operation ofthe highway; and
(3) Stich variance or devi,ation, is Ilot ill Conflict with any other applicable law or
regulatiorl,
§ 23049. Inspections.
Until the Construction, 01' excavation is completed, the Town of Ithaca linty ftimish and charge
for all inspection for each day that such work is in progress. Inspections shall be made for the
sole purpose of verifying compliance with the permit or tbr verification that the materials and
processes used will result ill a finished Job that is consistent with Town of" Ithaca
specifications. No inspection is made for the purposes of' reviewing, recornmending, or
verifying safety pnactices. Safety compliance and s,,.ifiety inspections are and shall be and
remain the sole responsibility of the contractor, The fee for each such inspection shall be as
set front tirne to time by Town Board resolution and shall be promptly paid upon request.
§ 2304.10. Restoration.
After performance and/or conlifletion of' any work, construction or excavation, the hiomway
and each appurtenant structure shall be repaired in(] restored in a permanent manitei,
satisfactory to the highway Superintendent and/or in accord with permit requirentorts. To the
extent pos,sible, any repair or restoration must match the orignizil, highway or appurtenant
structure in type, color, structure, rnaterials, grade, and texture, in compliance with
then-current applicable specifications thea-c I-or, Upon ciminpletion of (lie work and after
resUiration pursuant to the terms of this article, any remailling amount of any deposit or
security shall be rCtUrned or released, as applicable.
§ 2304.11. Waivers.
Where the Highway Superintendent finds that, (file to the special CkCUITISLIMCS of a particular
case, as waiver of certain MILdrements is justified, as waiver of any one or more requirentents
of this article may be granted. In all cases, no waiver shall be granted unless the highway
Superintendent finds and records in writing that:
A, (;ranting the waiver would be keeping with the ititent and spirit of. this article all(] is in
the best irf(CrCSILS Ofthe COITUTILIllity.
B. There is rio adverse effiecat upon the highway oi- any appurteriant structure.
']'here is no adverse impact upon thc ability to safety travel Uj)Ou Stich highway.
1), There are special circunistances, involved ill file, particular, case,
23002 W -01 -2011
§ 230-4.11 STREETS .AND SIDEWALKS § 2304.14
E. Denying the waiver would result in undue hardship, provided that such hardship has not
been self imposed.
F. The waiver so requested or granted represents the minimum necessary degree of variation
from the requirements of this article or the permit.
§ 2304.12. Enforcement; penalties for offenses.
Any contractor or other person or entity that violates any of the provisions of this article shall
be guilty of a misdemeanor punishable by a criminal fine between $500 and $2,000, or a
sentence of imprisonment not to exceed 15 days, or both. Each week of continued violation
shall be and be deemed a separate offense. For the purposes of conferring jurisdiction upon
courts and judicial officers such violation shall be deemed an unclassified misdemeanor and
all provisions of law relating generally to misdemeanors shall apply. In lieu of the foregoing
and at the election of the Town of Ithaca, any violation of this article shall subject any
contractor, person, or other entity or party to a civil penalty of not less than $100 and not
more than $500 for any first violation, and to a civil penalty of not less than $250 and not
more than $1,000 for any subsequent violations, with such penalties to be recovered in a civil
action in the name of the Town of Ithaca. The application of any sentence or penalty shall not
preclude the enforced removal or prevention of any prohibited conditions or violations of the
permit or this article. Nothing in this article shall prohibit the Town of Ithaca from seeking
any other relief as may be provided for or allowed by law or in equity, or be deemed to effect
an election of remedies by the Town of Ithaca. Any fine or penalty provided for in this article
is intended to be in addition to, and not in lieu of, any rights or remedies the Town of Ithaca
may have in such circumstances.
§ 2304.13. Appeals.
Any aggrieved person or entity may appeal any action or determination of the highway
Superintendent (or any designee) to the Town of Ithaca Town Board by filing a written
statement setting forth the reasons for such appeal. Such statement shall be filed within five
days of the delivery or filing of any action or determination from which the appeal is taken,
time being of the essence. Upon receipt of such appeal, the Town Board shall hold a hearing
within 30 days and, after a review of all evidence, shall affirm, modify, or annul the appealed
from action or determination.
§ 2304.14. Final determinations.
The actions and determinations of the Town of Ithaca, and its elected officials, employees,
and agents shall each be deemed "final determinations" for purposes of Article 78 of the New
York Civil Practice Laws and Rules (CPLR). Notwithstanding this, standing under said
Article 78 of the CPLR shall only be appropriate after the exhaustion of any administrative
appeals as provided for in this article.
230:13 01-01-2011
§ 230-4.15 ITHACA CODE § 230-6
§ 230-4.15. Liability and indemnity. `
The contractor assumes sole responsibility for the worksite and all related or adjacent areas
and lands and agrees to assume all responsibility for any injury or damage that may or does
occur as a result of any excavation or construction and any related work, including, but not
limited to, traffic control, grubbing, paving, clean up, remediation, or restoration. work. The
contractor, to the fullest extent permitted by law, shall indemnify and hold the Town of Ithaca
harmless from and against any, each, and all losses, actions, causes of action, suits, debts,
dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts,
controversies, agreements, promises, variances, trespasses, damages, judgments, extents,
executions, claims, and demands whatsoever, in law, admiralty or equity (all together
hereafter, "claims"), including, but not limited to, reimbursement to the Town of Ithaca any
amount expended for any and all experts', consultants', attorneys' and engineering fees and
expenses arising from or in relation to any claim. The Town of Ithaca shall not be liable or
responsible for any injury to persons or damage to property due to any acts or failures to act
under or pursuant to any permit or this article unless it is proven to a reasonable degree of
certainty that such injury or damage was solely caused by a willful or intentional act of the
Town of Ithaca.
§ 230-4.16. Conflict with other laws.
The provisions of this article shall not diminish or impair the right of any other governmental
agency or body to require that any act be taken or avoided. No variance, permit, grandfather
rights, law, code, resolution, procedure, or rale pertaining to zoning or land use shall
supersede the requirements of this article. This article is intended to supplement and augment
the requirements of zoning and land use regulations and rules, as well as the rules of other
governmental bodies and agencies, relating to the preservation and protection of highways and
public rights-of-way, and to ensure their continued safe operating condition.
ARTICLE II
Construction and Repair of Sidewalks
[Adopted 8-24-19921
§ 230-5. Title; statutory authority.
This article may be cited as the "Town of Ithaca Sidewalk Regulation Ordinance" and is
adopted pursuant to the authority granted by New York State Town Law § 130 et seq. and
§ 200-a.
§ 230-6. Construction of sidewalks.
Sidewalks constructed within the Town of Ithaca, when constructed by parties other than the
Town of Ithaca where ordered by the Town Board as set forth below, shall be constructed in
accordance with the grades and specifications annexed hereto as Exhibit A2 unless a
specification is waived by the Town Board in a particular instance because of unique
2. Editor's Note:Exhibit A is included at the end of this chapter.
230:14 01 -01-2011
§ 230-6 STRt'liTSAND Slf)EWA,]..,KS § 230-8
circumstances or if' the Town Board specifically accepts a, substitute specification as being
CCILIal Or sup erior to the specifications attached. No construction, recoi,istruction or repair of'
sidewalks shall be permitted, in those areas where the Town Board has ordered the
construction or 11raintcriance (if sidewalks, that does not comply with the anached,
specifications unless waived or modified by the Town Board as set forth above.
§ 230-7. Maintenance of sidewalks.
The owner and occupant of premises al.,uting on any street where at sidewalk has been laid
shall keep the sidewalk in front of such premises free and clear fron) snow, ice, dirt, and other
obstructions. All snow and ice shall be removed ftom such sidewalk within 24 hours of the
time of its deposit, such tune to be determined by the 'rown Engineer, Upon detault in
maintaining sidewalks free and clear froiri snow, ice, dirt and other obstructions, the Town
niay remove such obstructions a( the expeirse of the property owner, The charge to the owner
for the cleaning of any such walk will, be (lie actual cost, plus 50 , for ovehead and
administration for, stich charges and shall be due 30 days frorn the date invoiced to the owner,
Bills rerna,imlIg unpaid after 30 days shall accrue a late charge atthe rate of 9% per annum
front the date of the, bill or $3 per month, whichever is greater, and may be added to the taxes
due with relation to, and shall becorne a lien upon, (lie prernises benefited thereby, until paid,
§ 2301 8. Duty to construct and maintain sidewalks.
The Town Board may adopt orders Front time to time, directing the Owners cat'the !respective
lots and parcels of land abutting on dry Town street or highway, or, with the consent of the
County Superintendent of Highways or the State (lorninissioner of Transportation, as (lie case
Riay be, abutting on a county or state highway within the Town of Ithaca, along which it is
desired that sidewalks be built, relaid or rcpaired, to construct the saine to confbrm the tcnns
of this article, and specifying the trine within which the same shall be done. The procedures
related to such orders shall be as follows.-
A. The 'rown Clerk shall give notice thereat'lay certified mail addressed to each SUCII owner
at the owner's address as it appears upon the assessment roll of the Town or, in the
altenriaive, by publicarion of a notice thereofin the official paper at least twice, the first
publication of which shall be at least 15 days before the time specified for the
completion of the woark.
B. If'' within the tinie prescribed in the order and notice, the sidewalks required to be built,
relaid or repaired, shall not have been so built, relaid or repaired, then the Town Board
may cause the sarne to be (lone and audit and pay the expense of doing the saare and
assess the expense thereof'aga ins t the propedy benefited as a whole.,
C, Stich assessment shall be in five or fewet° antitial installments and shall be levied and
collected frOM (tie several lots and parcels 61 the same manner and at the sarne thric as
other Town charges,
I). The assessment against the properly owners shall be in (lie same rnanner as street
irnproveinents constructed pursuant to § 20O cat"the Town Law,
230:15 01 -dna -2011
§ 230-8 ITHACA CODE § 230-10
E. If such expense be assessed in installments, there shall be assessed as part of each r
installment, except the first, as interest, an amount not exceeding 6% of such installment,
such rate to be fixed by the Town Board in the order providing for the assessment.
F. The provisions of law applicable to the sale of tax liens shall apply to any unpaid
assessed installment with the interest thereon in the same manner as though such
installment and interest had been assessed as an assessment payable as a whole.
Unassessed installments shall be prepayable at any time with interest computed thereon
at the aforesaid rate from the date of assessment of the first installment to the date of
payment of the particular installment.
G. If such expense be assessed as a whole and the Town Board resolution assessing such
expense against a particular piece of property shall so provide, the assessment against
such property may be paid in five or fewer annual installments on the dates fixed by such
resolution with interest, not exceeding 6% of each such installment, fixed by such
resolution.
H. Notwithstanding the foregoing, the Town Board may adopt a local law apportioning the
expense of building, relaying or repairing any sidewalk within such Town between the
Town and owners of the respective lots and parcels of land abutting any street or county
or state highway within the Town along which it is desired that sidewalks be built, relaid
or repaired.
§ 230-9. Applicability.
This article shall apply to all property in the Town of Ithaca outside the limits of the
incorporated Village of Cayuga Heights.
ARTICLE III
Hanshawv Road Walkway
[Adopted 3-13-2006 by L.L. No. 5-2006; amended in its entirety 10-19-2009 by L.L. No.
12-2009]
§ 230-10. Ownership, maintenance and liability.
If a Town-sponsored walkway is built along part or all of Hanshaw Road within the Town of
Ithaca, the Town will assume ownership and maintenance responsibilities for said walkway
within the Town, and the Town will further assume liability for its negligent acts and
omissions related to defects in, or snow or ice upon, said walkway within the Town; provided,
however, that nothing in this section shall be deemed to dispense with the requirement of
advance written notice to the Town of the defect or the existence of snow or ice thereon, or
with the requirement that the Town have the opportunity to repair or remove the same within
a reasonable time after receipt of such notice, as set forth in Town Law § 65-a and Town
Code Chapter 188, Notification of Defects, as conditions precedent to liability.
230:16 01-01-201]
§ 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9
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: [Added 9-10-2001 by L.L. No. 4-20011
(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 12 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. [Amended 9-10-2001 by L.L. No. 4-2001; 11-8-2010 by L.L. No.
6-20101
(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:
271:27 01 -01.-2011
§ 271-9 ITHACA'CODE § 271-9
[1] Church or other places of worship, convent and parish Douse. r
[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
Ordinance2o 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.
(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.2l Usual farm buildings are permitted,
provided that: [Amended 9-10-2001 by L.L. No. 4-20011
(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.
(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.
20. )Editor's Nate:Numbering refers to the Zoning Ordinance as it existed in 1995,when this section was adopted.
21. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 2001,when this section was amended.
271:28 01 -01-2011
§ 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9
(10) Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca.
(11) Day-care homes and group day-care fatalities.
(12) Group family day-care homes upon special approval by the Board of Zoning
Appeals pursuant to Section 77, Subdivision 7.22
(13) Bed-and-breakfast, as that term is defined in § 270-5. [Added 4-7-2008 by L.L.
No. 7-20081
E. Accessory uses. Permitted accessory uses in Special Land Use District No. 8 shall be
limited to the following:
(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,
Iaundering, 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
22. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 1995,when this section was adopted.
271:29 01 -01-2011
§ 271-9 ITHACA CODE § 271-9
(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). [Amended 9-10-2001 by L.L. No.
4-2001]
(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,13and 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 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, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca.
F. Manner of land ownership.
23. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 1995,when this section was adopted.
271:30 01-01--2011
§ 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9
(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. 4-20011
(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. 4-20011
(e) Open Iand with or without building structures may be owned by the nonprofit
EcoVilIage 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 PIanning 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 six 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.
4-20011
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. 4-20011
271:31 01-01-2011
§ 271-9 ITHACA CODE § 271-9
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 1s lower. No structure other than a building
shall be erected, altered, or extended to exceed 30 feet in height. Notwithstanding the
foregoing, the Planning Board may grant a special permit for construction of accessory
towers or community centers 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 11-5-2010
by L.L. No. 6-20101
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 the rate of at least 1 112 parking spaces for each dwelling unit plus one parking
space for each 400 square feet of enclosed building space in any community
center.
(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. 4-20011
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.
f �J
271:32 01 -01-2011
§ 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9
(1) In accordance with the provisions of the Zoning Ordinance a final site plan shall
r. 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. 4-20011
`-� (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 solar
panels that are not shown on a final site plan may be issued as long as all
requirements of § 270-219.1 are met. 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]
O. Primary ingress and egress to the Special Land Use District. [Amended 9-10-2001 by
L.L. No. 4-20011
(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
271:33 01 -01-2011
§ 271-9 ITHACA CODE § 271_9
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.
271:34 01 -01-2011
§ 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9
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. 4-20011
271:34.1 01-01-2011
§ Ill:.-1 DISPOSITION LIS ' § DL-I
Local Adoption
Law No. Date Subject Disposition
27-2009 12-7-20,09 Zoning amendment Ch. 270
1-2010 1'-11-2010 Zoning arnendi-nent Or. 270
2-2010 4-12-2010 Vehicles atxl traffic: parking; Ch, 250, Art. III
stop and yield intersections
ainendinent
3-2010 4-12-2010 Buildirig construction and fire Chs. 125; 221; 225; 270
prevention arnendnient; signs
atnendnient,' sprinkler systems
amendment; zoning arnendment
4-2010 7-12-2010 Streets and sidewalks: excavarkm Ch, 230, Art. I
and construction in MLU&ip�',d
roadways and Ingfiway
rights-of-way
5 2010 8-9-2010 Adoption (A' employee retirement NCM
incentive, Part A
6-2010 11-8-2010 Zoning.- special land use districts Ch, 271
amendment
7-2010 12-13-2010 Ariirnals; dog control and C 1r. 112, Art, I
licensing amendincrit
DL-5 Of -01 -2011
GENERAL CODE
INSTRUCTIONS
Town of Ithaca Code Supplement No.22
The enclosed new and/or replacement pages should be placed in your Code volume immedi-
ately? The dateline, on the bottom of the page, does not indicate the adoption date of the Code
changes,but rather identifies the pages printed with this supplement. This instruction page should
be placed in the front of your Code volume.
REMOVE INSERT
270:3—270:4 270:3—270:4
270:4.1
270:20.1 —270:20.3
270:21 —270:22 270:21 —270:22
270:22.1 270:22.1 —270:22.3
270:69—270:72 270:69—270:72
270:72.1
270:79—270:82 270:79--270:82
270:82.1—270:82.2 270:82.1 —270:82.7
271:1—271:2 271:1 —271:2
271:2.1
t 271:75 271:75—271:84
DL:5 DL:5
Index Pages 1 --26 Index Pages 1 —26
- Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 1-2011; 2-
2011;3-2011.
04-01-2011
ZONING
§ 270-79. Permitted accessory § 270-104. Nfininmin area for inultiple
buildings and uses. residence zone.
§ 270-80, Accessory buildings and § 270-105. Heigh( limitations.
uses authorized by special', § 270-106. Yard regulations.
approval only. § 270-107. Building_,area.
§ 270-81. height litnitations. § 270-108. Nfininium usable o�pen
§ 270-82, Yard regulations. Space.
§ 270-83. Building area. § 270-109. Size and area of lot.
§ 270-84. Size and area of lot. § 270-110. Parking.
§ 270-85, Special properties. § 270-1,11. Additional special
§ 270-86. Parking. requirements.
§ 270-112. Site plan approval.
ARTIC I LF' XI
Mobile Rome Park Zones A RTI LF XIII
Commercial Zones Generally
§ 270-87. l"urpose.
§ 270-88. Minimum area. § 270-113. Purpose.
§ 270-89. Permitted Principal uses, § 270-114. Permitted accessory uses.
§ 270-90. Principal uses authorized by § 270-1 15. ]Minimum area for
special Permit only. cointnercial zone.
§ 270-91. Permitted accessory uses. § 270-116. Ileight litnitations.
§ 270-92. (Reserved) § 270-117. Yard regulations.
§ 270-93. Height limitations. § 270-118. Building area.
§ 270-94. Yard regulations. § 270-119, Minimum usable open
§ 270-95. Building area. space.
§ 2701-96. Lot area. § 270-120. Size and area eat`last.
§ 270-97. Special requirements. § 270-121. Parking.
§ 270-98. Site plan approvals. § 270-122. Additional special
requirements.
ARrTJC'IrrrII-!'rI XII § 270-123. Drive-through operadons.
Multiple Residence Zones § 270-124. Site plan approval.
§ 270-99. Purpose. ARTICIA; XJV
§
2701-10101. Permitted principal uses. Neighborhood Commercial hmes
§ 2701-101. Permitted accessory § 270-125. Purpose.
buildings a,nid uses.
§ 270-102. Principal uses authorized by § 270-1 26. Permitted principal uses,
special permit only. § 270-127. Principal uses authorized by
§ 270-103. (Reserved) special permit only.
27M) 04-ars -2011
ITHACA CODF
§ 270-128. Maximum building size. ARTICLE XVIIIA
Limited historic Commercial Zones
AT XV
Office Park Commercial Zones § 270-142.2. Purpose.
§ 270-142.3. Eligibility and reversion.
§ 270-129. Purpose. § 270-142.4. Permitted principal uses.
§ 270430. Permitted principal uses. § 270-142.5. Principal uses authorized by
§ 270-131. Principal uses authorized by special permit only.
special permit only. § 2701-142.6. Permitted accessory uses
§ 270-132. Additional permitted and structures.
accessory uses. § 270-142.7. Yard regulations.
ARTICLE XV] § 270-142.8. Additional special
Community Commercial Zones requirements.
§ 270-133. Purpose. ARTICLE XIX
§ 270-134. Permitted principal uses. Light Industrial Zones
§ 270-135. Principal uses authorized by § 270-143. Purpose.
special permit only. § 270-144. Permitted principal uses.
ARTICTE XVII § 270-145. Adult entertainment uses
Vehicle Fucling and Repair Commercial authorized by special
approval only.
Zones
§ 270-146. Permitted accessory
§ 270-136. Purpose. buildings and uses.
§ 270,-137. Permitted principal uses. 270-147. Minimum area for a light
§ 270-138. Principal use authorized by industrial zone.
special permit only. § 270-148. Might linjitations.
§ 270-149. Yard regulations.
A R,rta,t; xviii § 270-150. Building area.
Lakefront Commercial Zones § 270-151. Minimum usable open
§ 270-139. Purpose. space.
§ 270-140. Permitted principal uses. § 270-152. Size and area of lot.
§ 27 -141. Principal nses authorized by § 270-153. Parking.
0
special permit only. § 270-154. Additional special
§ 270-1 d42. Accessory uses authorizerequirements.
by special permit only. § 270-155. Performance standards.
§ 270-142.1. Additional yard regulations. § 270-156. Site plan approval.
270:4 04-01 - 2011
ZONING
ARTICLE XX
Industrial Zones
§ 270-157. Purpose.
§ 270-158. Permitted principal uses.
§ 270-159. Prohibited uses.
§ 270-160. Permitted accessory
buildings and uses.
§ 270-161. Placement of accessory
structures.
§ 270-162. Minimum area for an
industrial zone.
§ 270-163. Height limitations.
§ 270-164. Yard regulations.
§ 270-165. Building area.
}
270:4.1 a4-01-2011
§ 270-5 ZONING § 270-5
Communication Commission's over-the-air reception devices rule, found at 47 CFR Section
1.4000; or E) antennas that are not licensed by the Federal Communications Commission and
are one meter or less in diameter or diagonal measurement or (for whip antennas) are one
meter or less in length and no more than three inches thick; used in connection with the
provision of two-way communication services of which at least one of the directions of
communications is wireless, including cellular telephone services, personal communications
services, private radio communications services, fire and emergency communications, and any
other private or public radio communications transmissions regulated by the Federal
Communications Commission in accordance with the Telecommunications Act of 1996 and
other federal laws. Such uses shall include private commercial uses as well as public uses. A
telecommunications facility shall include monopole, guyed, or latticework tower(s), as well as
antenna(s), switching stations, principal and accessory telecommunications equipment and
supporting masts, wires, structures and buildings. [Amended 5-9-2005 by L.L. No. 5-20051
TWO-FAMILY DWELLING— A detached building containing two dwelling units.
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. [Added 11-9-2009 by L.L. No. 14-20091
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. [Added 7-13-2009 by L.L. No. 10-20093
WATERSIDE— The lake side of the ordinary high waterline. [Added 7-13-2009 by L.L.
No. 10-20091
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. [Added 8-11-2008 by
L.L.No. 13-2008]
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. [Amended 8-13-2007 by L.L. No. 6-20071
YARD, REAR — The yard between the rear lot line and the rear facade of the principal
building, extended from each most forwardly exterior comer of the rear facade to the adjacent
side lot line. [Amended 8-13-2007 by L.L. No. 6-20071
YARD, SIDE— The yard between the principal building and a side lot line, but excluding a
front yard or rear yard. [Amended 8-13-2007 by L.L. No. 6-2007]
270:21 04-01-2011
§ 270-6 ITHACA CODE § 270-6
ARTICLE IV
Establishment of Zones
§ 270-6. Enumeration of zones.
A. For the purpose of this chapter the Town of Ithaca is hereby divided into the following
types of zones (also sometimes hereinafter referred to as "districts"): [Amended
8-1-2005 by L.L.No. 7-2005; 1-4-2011 by L.L. No. 1-20111
Conservation Zones
Agricultural Zones
Lakefront Residential Zones
Low Density Residential Zones
Medium Density Residential Zones
High Density Residential Zones
Mobile Home Park Zones
Multiple Residence Zones
Neighborhood Commercial Zones
Office Park Commercial Zones
Community Commercial Zones
Vehicle Fueling and Repair Commercial Zones
Lakefront Commercial Zones
Light Industrial Zones
Industrial Zones
Planned Development Zones
Areas of Special Flood Hazard
Special Land Use Districts (Limited Mixed Use) - In accordance with and pursuant to
Local Law No. 2-1984
Special Land Use District No. 1 - In accordance with and pursuant to Local Law No.
3-1984 [Wiggins]
Special Land Use District No. 2 - In accordance with and pursuant to Local Law No.
4-1984 [Sapsucker Woods]
Special Land Use District No. 3 (Limited Mixed Use) -In accordance with and pursuant
to Local Law No. 4-1986 [Biggs Complex]
Special Land Use District No. 4 (Limited Mixed Use) -In accordance with and pursuant
to Local Law No. 1-1987 as amended by Local Law No. 2-2002 [Statler West]
Special Land Use District No. 5 (Limited Mixed Use) -In accordance with and pursuant
to Local Law No. 2-1988 [Chamber of Commerce]
Special Land'Use District No. 7 (Limited Mixed Use) - In accordance with and pursuant
to Local Law No. 1-1994 [Ithacare]
Special Land Use District No. 8 (Limited Mixed Use) - In accordance with and pursuant
to Local Law No. 1-1995 as amended by Local Law No. 4-2001 [Ecovillage] r_
270:22 04-01-2011
§ 270-6 ZONING § 270-8
Special Land Use District No. 9 (Limited Mixed Use) -In accordance with and pursuant
1_ to Local Law No. 14-1995 [Cornell Precinct 7]
Special Land Use District No. 10 (Limited Mixed Use) - In accordance with and
pursuant to Local Law No. 5-1998 [Sterling House/Sterling Cottage]
Special Land Use District No. 11 (Limited Mixed Use) - In accordance with and
pursuant to Local Law No. 7-1998 [Cornell Chilled Water Plant]
PIanned Development Zone No. 12 - In accordance with and pursuant to Local Law No.
8-2005 [South Hill Business Campus] _
Planned Development Zone No. 13 - In accordance with and pursuant to Local Law No.
1-2011 [Belle Sherman Cottages] [Added 1-4-2011 by L.L. No. 1-201.11
B. Said districts are set forth on the map accompanying this chapter, Town of Ithaca Zoning
Map (the "Zoning Map"), dated August 25, 2003, and signed by the Town Clerk. Said
map and all explanatory matter thereon and amendments thereto are hereby made a part
of this chapter.,
§ 270-7. Continuation of special land use districts. z
The provisions of any prior zoning ordinance or local Iaw 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.
§ 270-8. 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.
1. Editor's Note: A copy of the Zoning Map may be included in the pocket at the end of this volume.The current and
official Zoning Map is on file in the Town offices.
2. Editor's Note:See also Ch.271,Zoning:Special Land Use Districts.
270:22.1 04-01-2011
§ 270-8 ITHACA CODE § 270-10
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 Iine 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 Iands 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.
§ 270-9. 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.
ARTICLE V
Conservation Zones
§ 270-1.0. Purpose.
A. It is the purpose of the Conservation Zone to preserve the outstanding natural features in
certain areas of the Town, as described in the Town of Ithaca Comprehensive Plan, as
amended from time to time, and to provide a regulatory framework through which
development can occur with minimal environmental impact in these areas. Among the
natural values and ecological importance of these areas are their diversity as a plant and
wildlife habitat, their existence as biological corridors, their importance for natural
drainage features, their scenic views and rural character, and their importance as an
educational and recreational resource. In addition, certain lands in the Conservation
Zones contain large areas of steep slopes, wetlands, highly erodible or poorly drained
1
270:22.2 04-01-2011
§ 270-10 ZONING § 270-10
soils and, in one instance, the City of Ithaca water supply, which must be taken into
consideration in planning for future development. [Amended 1-11-2010 by L.L. No.
1-2010]
B. It is a further purpose of the Conservation Zone to preserve existing areas of contiguous
open space, prevent unnecessary destruction of woodland areas, preserve natural
stormwater retention and water quality functions, preserve existing and potential
agricultural land and promote appropriate development densities and flexibility of design
and development of land. Developers should be encouraged to use mechanisms to
accomplish these objectives. Such mechanisms could include enlarged buffer areas,
conservation easements, deed restrictions, and public or semipublic land dedications.
[Amended 1-11-2010 by L.L. No. 1-2010 ]
C. Certain of the areas included in Conservation Zones, in recognition of their natural and
ecological significance, have been designated by the Tompkins County Environmental
Management Council as Unique Natural Areas. It is a further purpose of this
Conservation Zone to preserve the natural resources and scenic beauty of the areas to
promote tourism as an important economic benefit to the Town of Ithaca.
j
270:22.3 04-01-2011
§ 270-115 ZONING § 270-119
§ 270-115. Minimum area for commercial zone. [Amended 14-2011 by L.L. No. 3-20111
- A minimum tract of two acres is required for the development of a Commercial Zone except
for developments in the following zones:
A. A Neighborhood Commercial Zone, for which the minimum tract required is one acre;
B. A Vehicle Fueling and Repair Zone, for which the minimum tract required is 30,000
square feet; and
C. A Limited Historic Commercial Zone, for which the minimum tract required is.15,000
square feet.
§ 270-116. Height limitations.
Except as may be specifically otherwise authorized in this chapter, in Commercial Zones no
building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from
lowest exterior grade, and no structure other than a building shall exceed 30 feet in height.
§ 270-117. Yard regulations.
A. Except as may be specifically otherwise authorized in this chapter, in Commercial Zones
yards of at least the following dimensions are required:
(1) Front yard:Not less than 50 feet in depth.
(2) Rear yard:Not less than 30 feet in depth.
(3) Side yards: None required with respect to buildings all on the same lot, but not less
than 30 feet from any structure to a side property line.
(4) Greater yards: Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this chapter shall, if more
restrictive, supersede the above yard requirements.
B. The foregoing requirements may include any required buffer areas and shall not be in
addition to any required buffer areas.
§ 270-118. Building area. [Amended 14-2011 by L.L. No. 3-20111
The maximum building area shall not exceed 30% of the lot area, except in a Limited Historic
Commercial Zone, in which the maximum building area shall not exceed 25% of the lot area.
Projections described in § 270-224 are not to be included in computing the percentage.
§ 270-119. Minimum usable open space.
Minimum usable open space shall be not less than 30% of the lot area. For this purpose
"usable open space" shall mean that portion of the lot area not covered by any structure (as
270:69 04-01-2011
§ 270-119 ITHACA CODE § 270.122
defined in Article III) or driveway, and generally intended to be occupied by suitable
vegetation or landscaping.
§ 270.120. Size and area of lot. [Amended 14-2011 by L.L. No. 3-20111
A. Lots in all Commercial Zones except Limited Historic Commercial Zones shall meet the
following minimum requirements:
(1) Minimum lot area shall be at least 30,000 square feet if public sewer facilities are
available; otherwise the minimum lot area shall be at least two acres; and
(2) Minimum width at the street line shall be 100 feet; and
(3) Minimum width at the maximum required front yard setback line (50 feet from the
street line) shall be 150 feet; and
(4) Minimum depth from the street line shall be 200 feet.
B. Lots in Limited Historic Commercial Zones shall meet the following minimum
requirements:
(1) Minimum lot area shall be at least 15,000 square feet; and
(2) The minimum width at the street line, the minimum width at the maximum
required front yard setback line, and the minimum depth from the street line shall
be those required by the zoning district in which the property was located
immediately prior to the adoption of the Limited Historic Commercial Zone.
§ 270-121. Parking.
Parking requirements shall be as set forth in Article XXVII.
§ 270-122. Additional special requirements.
Additional special requirements include the following:
A. Off-street loading. At least one off-street loading space shall be required for each 20,000
square feet of floor area, including basement.
B. Access and sidewalks. Access drives shall be paved with blacktop, concrete, or other
solid material, and, if business is to be carried on in the evening, shall be adequately
lighted. All outdoor lighting must comply with the requirements of the Outdoor Lighting
Law, Chapter 173 of the Town of Ithaca Code. Driveways and walkways shall provide
safe access, egress and traffic circulation within the site. The placement, size and
arrangement of access to public streets shall be subject to the approval of the appropriate
highway authority. Unless waived by the Town Board or Planning Board for good cause
shown, sidewalks shall be installed by the developer of any commercial zone (except
Lakefront Commercial Zones) simultaneously with construction of any commercial
buildings on any site. [Amended 10-16-2006 by L.L. No. 12-20061
-- 1
270:70 04-01-2011
§ 270-122 ZON I NG § 270-123
C. 13kiffer are,a: s and sci-ccning
'I _, jAmended 1-4-2011 by L.L. No. 3-20111
I Ii The following buffcr rc(pilrernems apj-wlv in all Commercial Zones except 1-11trited
historic; CoInTrIcrcial Zoncs. No strixtme sliall be placed closer than 51) feet t(.:) arly
residence zone and 30 feet to any other /one. A, strip at least l(,) fic°ct widc within
SLICh buffer area shall he stoliably plantcd to screen a Courriercial /orre front
present or huturc residences, or a suitable scrceninj..,I fence shall be erected.
(2) The following recti6rcim,jits apply in gill Commercial Zones. No wasic of refuse
shall be placed ootside any buildini, in a onimercial Zone except that an area
comnion it) call bUsinesses, or a scpaniic arca for coach business may be reser-vera at
the rear of' the strticrure or structm-cs, I licse areas shall contain bins, or other
reccptacles, adecimite to prevent the, Sclittering of waste and refuse, and shall be
planted or fenced so as to he screciied from the public view. Such area and
rccclitacles shall not be located in any zipplicable butTer area as set forth above. No
reftisc shall be burned on fire premises.
D. Additional screening, In addition to the landscalmill', scrCcrunk" felicing arld buffer
1'equirerents set forth above, in all (-`orrimercial Zones (incinding the Limited Historic
Couirrici-cnil Zone) additional landscaping, fencing, screening, or carth herrn may be
required to be providcd by the Planning Board in the site plan review process in army area
where the proposed structure or iisc would, in the rcasonable opirrion of' the Planning
Board, crenate a flazardous condition or would detract from the value of neighboring
property it' such landscaping, Fencing, screening, or earth berm were not provided,
I'Amended 1-4-2011 by L.L. No. 3-2011
E. SUr)j)ICruCrItA Ii MitatrOris, fit the event that any of the uses permitted in any of the
Cornmercial Zones involve simall-scalc assembly, repair, processing, I'abrication, or
cook�ng, sitch activity shall create no obJectionabIc noise, si-noke, odor, vibration or
disorder beyond the lot hircs, of said businesses, [Amended 1-4-2011 by L.L. No.
-21111
F. L)Ispjays, In all Colurnercial Zones except VeIncle Fricling and Repair (`or nnt:rcial
Zones, no outside displays shall be Permitted unless othcrWiSe SJ)Mifkaflly aLnl10riZCCl by
this Chapter.
§ 270-123. Drive-through operations. I Amentled 1-4-2011 by L.L., No. 3-20111
Drive-tip or drive-thrOLIgh l"Icilities are no( allowed in a Cornmerciril Zone unless the
provisions applicable to the zone specifically state (hey are allowed. The inclusion of a rise
that may occasionally or often have a drive-tip (m, drive-through facility associated with it,
such as as bank, does not authorize drive-up or drive-through facilities f"or that use without a
specific staterrient in the provisions applicable to the zone that such facilities are allowed,
27'0 7'1 04-01 -2011
§ 270.124 1THACA CODE § 270-126
§ 270-124. Site plan approval.
No building permit shall be issued for a building or structure within a Commercial Zone
unless the proposed building is in accordance with a site plan approved pursuant to the
provisions of Article XXIII of-this chapter.
ARTICLE XIV
Neighborhood Commercial Zones
§ 270-125. Purpose.
The purpose of the Neighborhood Commercial Zone is to provide areas or centers for
shopping and service-oriented uses that are easily accessible to the neighborhoods which they
serve, which are not intended to draw customers from considerable distances, or which have
low-volume traffic and no significant impacts so as to be minimally intrusive upon residential
neighborhoods. These zones shall be located so as to be generally distributed throughout the
Town in proportion to the population and shall be limited both in size and in proximity to one
another.
§ 270-126. Permitted principal uses.
Only the following buildings or uses are permitted of right in a Neighborhood Commercial
Zone:
A. The following retail uses provided that the interior floor area is 5,000 square feet or less:
(1) Retail food store/grocery.
(2) Retail sales of candy, ice cream, gifts, flowers and similar small items.
(3) Retail store (other than a retail store expressly referred to elsewhere in this
chapter) where goods are sold from inside the store and rental of goods is not a
significant portion of the revenues.
(4) Arts and crafts gallery/studio.
(5) Photography store/studio.
(6) Drugstore/pharmacy.
(7) Florist.
(8) Bicycle sales/repairs which may include outside displays.
(9) Bakery.
(10) Plant nursery which may include outside displays.
(11) Hardware store.
(12) Painting and decorating boutique.
270:72 04-01-2011
§ 270-126 ZONING § 270-126
(13) Bookstore or newsstand.
B. The following personal service retail uses provided that the interior floor area is 5,000
square feet or less:
(1) Bank or other financial institution.
(2) Laundromat, dry cleaning (self-service or pickup).
(3) Barbershop or beauty parlor.
(4) Milliner/dressmaker/tailor.
(5) Shoe maker/repair.
(6) Restaurant or coffee shop.
(7) Caterer.
(8) Photocopying/related printing.
(9) Optician.
(I0) Decorator.
C. Business, professional, administrative, or govemmental office, but excluding a medical or
dental clinic.
D. Fire station and emergency medical services.
E. The following uses provided that the area on which construction occurs on the land is
5,000 square feet or less (excluding underground utilities):
270:72.1 04-01-2011
§ 270-139 ZONING § 270-141
ARTICLE XVIII
Lakefront Commercial Zones
§ 270-139. Purpose.
The purpose of the Lakefront Commercial Zone is to provide areas in the Town for coherent
development of commercial facilities that are uniquely related to the shore front of Cayuga
Lake and are not inherently incompatible with adjacent residential zones.
§ 270-140. Permitted principal uses.
Only the following buildings or uses are permitted of right in a Lakefront Commercial Zone:
A. Boat harbor and marina.
B. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-20081
§ 270-141. Principal uses authorized by special permit only.
The following uses are permitted in a Lakefront Commercial Zone upon receipt of a special
permit for same from the Planning Board in accordance with the procedures set forth in this
chapter:
A. Restaurant or other place for the serving of food. If alcoholic beverages are served, the
place of business shall be Iocated at least 200 feet from a school or church or 150 feet
from a residence district.
B. Hotel or motel, provided that the principal building is set back at least 100 feet from the
shoreline.
C. Clubhouse or lodge, provided that no buildings so used shall be within 100 feet of any
street, or within 150 feet of the lot line of an adjoining owner.
D. Mixed use commercial and residential, provided the commercial use is a use that would
be permitted in a Lakefront Commercial Zone if it were not in a mixed use facility and
provided that any residential component of any building is set back at least 100 feet from
the shoreline.
E. Any municipal or public utility purpose necessary to the maintenance of utility services
involving construction on not more than 5,000 square feet of land.
F. Institution of higher-learning facilities principally dedicated to water-related research,
education and recreational activities, excluding dormitory accommodations. [Added
9-10-2007 by L.L.No. 8-20071
270:79 04-01-2011
§ 270-142 ITHACA CODE § 270-142.2
§270-142. Accessory uses authorized by special permit only.
In addition to accessory uses authorized in all Commercial Zones, the following accessory use
is permitted in a Lakefront Commercial Zone but only upon receipt of a special permit for
same from the Planning Board in accordance with the procedures set forth in this chapter:
A. Retail sales of candy, ice cream, baked goods, flowers, and other small items.
§ 270-142.1. Additional yard regulations. [Added 9-10-2007 by L.L. No. 8-2007]
In addition to the yard regulations applicable to all Commercial Zones, the following
requirements shall apply to Lakefront Commercial Zones:
A. Minimum setback from shoreline. Any principal building, parking area, cabana, gazebo,
boathouse or other accessory structure, excluding such uncovered facilities as docks,
piers, wharves, sea walls, boat ramps, boatlifts, boat hoists and moorings, shall be located
at least 30 feet inland from the ordinary high water line of the shoreline.
B. Where site plan approval is required elsewhere in this chapter for a development or
activity, the site plan review shall include review of the adequacy, location, arrangement,
size, design, and general site compatibility of proposed structures, including piers, docks,
wharves, sea walls, boat lifts, boat hoists, boat ramps, and moorings. The Planning
Board, during site plan review, may establish a minimum setback of greater than 30 feet
from the ordinary high water line based on due consideration by the Board of the
preservation and protection of sensitive environmental features, and the maintenance of
the wooded character of the shoreline area (if applicable), as well as scenic views and 1
vistas. Where a site plan exists, an approved modified site plan shall be required if any of
the thresholds specified in § 270-191 of this chapter are met, including but not limited to
proposed changes to or additions of piers, docks, wharves and similar structures where
such changes or additions meet a § 270-191 threshold.
ARTICLE XVUTA
Limited Historic Commercial Zones
[Adopted 14-2011 by L.L. No. 2-20111
§ 270-142.2. Purpose.
The purpose of the Limited Historic Commercial Zone is to promote the preservation,
protection, and enhancement of significant historic resources in the Town of Ithaca by
allowing a wide range of reuse and redevelopment options, while also ensuring the
compatibility of redeveloped historic properties with neighboring residential and other uses. In
particular, one of the purposes of the Limited Historic Commercial Zone is to facilitate
preservation and protection of historically significant residential buildings by authorizing uses
that will provide a wide range of opportunities for making such preservation and protection
financially feasible.
270:80 04-01-2011
§ 270-142.3 ZONING § 270-142.3
r § 270-142.3. Eligibility and reversion.
A. The Town Board may rezone areas to Limited Historic Commercial upon application for
a specific proposal in accordance with the rezoning procedures in Article XX11,
Procedures for Creation of New Zones. Such rezoning shall lie in the sole discretion of
the Town Board, as a legislative body. No owner of land or other person having an
interest in land shall be entitled as a matter of right to have the land rezoned. Such
rezoning will be considered only for:
(1) Buildings or structures that are listed on the New York State and/or National
Registers of Historic Places; or
(2) Buildings or structures that have been determined to be eligible for listing on said
Registers of Historic Places; or
(3) Buildings or structures that have been identified as potentially significant in the
Town of Ithaca Historic Resources Survey (Final Report for the Intensive Level
Survey, September 2005, as it may be revised or updated from time to time).
B. The Town Board may, in its legislative discretion, rezone a property to Limited Historic
Commercial, provided it makes the following findings regarding the application:
(1) The buildings or structures meet one or more of the criteria in Subsection A above;
and
(2) The application serves to implement the Iegislative intent and purposes set forth in
this article.
C. Once rezoned, the Limited Historic Commercial Zone designation shall remain in effect
as long as the buildings or structures for which the historic designation was given remain
on the site in reasonably good condition so as to preserve exterior architectural features
(including but not limited to exterior walls, roofs, windows, eaves, door surrounds,
foundations and exterior chimneys), and in addition their exteriors are maintained in a
manner that preserves their historic integrity. If the Town Board after a public hearing
determines that the buildings or structures are not in reasonably good condition or the
exteriors are not being maintained in a manner that preserves their historic integrity, then
the Town Board shall undertake the appropriate procedures to remove the property from
the Limited Historic Commercial Zone and rezone the property to the zoning designation
in effect immediately prior to the creation of the Limited Historic Commercial Zone,
unless in the interim there has been a general rezoning of the area surrounding the
property, in which event the Town Board shall rezone the property to the same zoning as
then in effect along a majority of the perimeter of the property.
D. If the historic buildings or structures are demolished, or if the historic buildings or
structures are destroyed in whole or part by any means so that the destruction exceeds
50% of the assessed values of the buildings or structures in effect immediately prior to
the destruction, the zoning for the property shall automatically revert to the zoning
designation in effect immediately prior to the creation of the Limited Historic
Commercial Zone, unless in the interim there has been a general rezoning of the area
surrounding the property, in which event the zoning shall revert to the same zoning as
then in effect along a majority of the perimeter of the property.
270:81 04-01-2011
§ 270-142.3 FH IACA COE)F' § 270-142.4
F, If'at diem tii tie of creation of' a L Ito I I ed I I istoric Cornincrcia I Zone the historic buildings or
StrOdUrCS ul the zone are listed, or are eligible ftm- fisting, on the New York Skate and/or
National Ikcgisters of' Historic Placcs, rind they subscclucritly are no longer limed or lose
their eligibility for listing, (lie zoning for tile property shall automatically rewn't Io the
zoning designation in cffect immediately prior to (it(,* cmation of the Limited Hisiom
C.onimcreial Zone, unless in the Interim there has been ar general rezoning of the area
Surrounding tile property, it) which event the zoning shall revert to the same zoning as
then in eflect along a 111"tJonly ot'llic perimeter of the property.
FNotwithstanding anything to, the contrary in this chapter, il'a property is rezoned pursuant
to SUbSCU1011 C' above or (tic zonin g I as provided III for the property autorriatic, .ally reverts
SUbsections D or E' above, them any existing use that had been Permitted pursuant to this
sect icor lair( is not pern-litted as as restill of"the rezoning or rewt-skin shall ternini,,,.v(e by no
later khan one year from the dale of the rezoning or reversion, Such nciticonfornring rise
may he cxtcndcd upon application Within the One-year period for a spccial approval for
such extension front the Board (A'Appeals. Such approval shall not be granted unless the
applicant cstablishes and the Board of' Appeals finds that, notwiIII-istanding (lie onc-year
period for aarnortizingF, tile noncojifi,�)rnung rasa, lerinination of' the nonconforming use
would caLISC SCIAOUS financial harm to the property owner not balanced or justified by the
advantage it) tile public accruing from the cessation of Such use, ]it makitig this
deterininatioa the Board shall consider, arnong other GICICWS (InClUding the, tactors set
forth elsewhere ]it this chapter relating to the issuance of special permits or approvals),
the naluic of, the nonconforming use; the cost of converting, to a conforming use, tile
amount of, the applicant's investment in improveinents erected on the prolmly that
existed On the (hate of, the /oning change (-)r reversion; the condition of such
itriprovernerits; the cictriment caused by the nonconf6triling use; the character of the
ncighborhoodthe depreciation of buildings and o1ficr fixed capital miprowinents, taken
for incorric tax purposes; the detriment (o the property owner caused by the cess".1tion of"
tile, usc; and whether an additional reasonable amount of"tune is needed by the owner to
amortize any substantial and unrccovercd costs associ,,rtcd with the nonconforming use.
In making, its determination the floard shall disregard, as irrelevant, ally costs incurred
alien the rezoning; or reversion for purchase of a nonconforming building, property or use
or costs to rcpair, maintain, improve or crilargc as rionconborming building, property or
use, If lite extension is granted, the Board of Appeals Shall set a fixed additional period
for the extorsion of' time before the nonconfori-ning use must be terminated,
§ 270-142.,4. Permitted principal uses.
Only the following buildings, sti-rictures, ()I, uses are peruilitcd as a matter of r1g.lit in ar Limited
Historic Commercial Zone:
A. A one-fiamily dwelling to be occupied by no more than:
(1) One family; or
(2) One family plus no more than (me boarder, roomer, lodger, or other occupant.
11. A two-finitily (]welling, provided that each dwelling unit IS OCCUpied by no more than
one fialllfly.
270:82 04 —tar — 011
§ 270-142.4 ZONING § 270-142.5
C. Publicly owned park or playground including accessory buildings and structures and
improvements.
§ 270-142.5. Principal uses authorized by special permit only.
The following uses are permitted in a Limited Historic Commercial Zone, but only upon
receipt of a special permit for same from the Planning Board in accordance with the
procedures set forth in this chapter:
A. Clubhouse, lodge, community center.
B. Mixed-use commercial and residential, provided the commercial use is a use that would
be permitted in the Limited Historic Commercial Zone if it were not in a mixed-use
facility.
C. Bed-and-breakfast.
D. Churches or other places of worship.
E. Public, parochial and private schools, public library, public museum, nursery school, and
any institution of higher learning.
F. Visitor center for tourists.
G. The following retail uses provided that the interior floor area is 4,000 square feet or less:
T (1) Retail food store/grocery.
(2) Retail sales of candy, ice cream, gifts, flowers, and similar small items.
(3) Arts and crafts gallery/studio.
(4) Photography store/studio.
(5) Drugstore/pharmacy.
(6) Florist.
(7) Bakery.
(8) Bookstore or newsstand.
(9) Antique sales and repair.
(10) Jewelry sales, design and repair.
(11) Musical instrument sales and repair.
H. The following personal service and office uses provided that the interior floor area is
4,000 square feet or less:
(1) Bank or other financial institution.
(2) Barbershop or beauty parlor.
270:82.1 04-01-2011
§ 270-142.5 ITHACA CODE § 270-142.7
(3) Restaurant or coffee shop.
(4) Caterer. -
(5) Optician.
(6) Interior decorator.
(7) Repair shops where goods are repaired by hand using hand tools or small-scale
equipment, but excluding vehicle repair garages.
(8) Tailor or dressmaker/designer.
(9) Massage therapy.
(10) Picture framing.
(11) Business, medical, dental, professional, or government office, but excluding a
medical or dental clinic.
I. Any other lawful use, not otherwise specifically referred to in this article, that the
Planning Board finds is substantially similar to any of the uses listed in Subsections G or
H above and does not have greater adverse effects upon traffic, noise, air quality,
parking, or any other reasonably relevant attribute, than a use listed in Subsections G or
H.
§ 270.142.6. Permitted accessory uses and structures. 1
In addition to accessory buildings, structures and uses authorized in all Commercial Zones,
the following accessory buildings, structures and uses are permitted as of right in a Limited
Historic Commercial Zone:
A. Up to three accessory buildings other than a garage, all such accessory buildings in the
aggregate not to exceed a total of 600 square feet in size unless the lot is three acres or
larger, in which event the aggregate area of the accessory buildings may not exceed
2,000 square feet.
B. Adult day-care facilities serving no more than four clients at any one time.
§ 270-142.7. Yard regulations.
In Limited Historic Commercial Zones, yards of at least the following dimensions are
required:
A. Front yard: Not less than the average depth of the front yards of buildings on lots
immediately adjacent. However, the front yard depth shall not be less than 15 feet nor
need it be greater than 25 feet.
B. Rear yard:Not less than 15 feet in depth.
l
270:82.2 04-01-2011
§ 270-142.7 ZONING § 270-144
C. Side yards: None required with respect to buildings all on the same lot, but not less than
15 feet from any structure to a side property line, except that in one of the side yards a
one-story garage, either attached to the principal building or separate therefrom, may be
10 feet from a side line which is not a street line.
D. Accessory buildings: Accessory buildings other than garages may not occupy any open
space other than a rear yard. Accessory buildings, in the aggregate, may occupy not more
than 40% of any required rear yard and, if other than a garage, shall be not less than
three feet from any side or rear lot line. Any accessory building on a corner lot shall not
be less than five feet from the rear lot line.
§ 270-142.$. Additional special requirements.
In addition to the additional special requirements in § 270-122, the following additional
special requirements shall also apply in the Limited Historic Commercial Zone:
A. Where the requirements in this article conflict with requirements in other sections of this
chapter, the requirements in this article shall prevail in their applicability to a Limited
Historic Commercial Zone.
B. Building conversions, alterations, additions, reconstructions, repairs, signs, and other site
elements shall be compatible with the historic and architectural character of the buildings
or structures that have been designated or identified as having historic significance as
outlined in § 270-142.3 of this article. This requirement shall apply to the exteriors of
buildings, structures and site elements, not to their interiors.
ARTICLE XIX
Light Industrial Zones
§ 270-143. Purpose.
The purpose of the Light Industrial Zone is to permit, where appropriate, the construction of
research and development oriented industries, high technology enterprises, light manufacturing
facilities, and other moderately intensive industrial activities which would not generally be
appropriate in residential areas but which may not require the same level of separation from
residential areas as more intensive industrial uses. Areas may be zoned as a Light Industrial
Zone by the Town Board or upon application for a specific proposal, all in accordance with
the normal rezoning procedures. Generally, such rezoning will be permitted only in areas
where public water and sanitary facilities are available, where public transportation may be
readily available, and where other resources and facilities that complement multiple light
industrial uses are found. In reaching its decision on whether to rezone to a Light Industrial
Zone, the Town Board shall consider the general criteria set forth in this chapter, the most
current Comprehensive or Master Plan for the Town, and this statement of purpose.
§ 270-144. Permitted principal uses.
Only the following buildings or uses are permitted of right in a Light Industrial Zone:
270:82.3 04-01-2011
§ 270-144 ITHACA CODE § 270-145
A. Business, administrative or professional offices. ,^
B. Industrial uses employing electric power or other motor power, or utilizing hand labor for
fabrication or assembly.
C. Indoor warehousing and indoor storage including self-service storage facilities.
D. Printing, publishing and bookbinding.
E. Research and development facilities utilizing office spaces, indoor scientific laboratories,
and other similar indoor spaces.
F. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in
§ 270-219.3. [Added 8-13-2007 by L.L. No. 7-20071
G. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-20081
§ 270-145. Adult entertainment uses authorized by special approval only.
Adult entertainment businesses are permitted in certain Light Industrial Zones, but only upon
receipt of a special approval for same from the Board of Appeals in accordance with the
procedures set forth in this chapter after receipt of a favorable recommendation for same from
the Planning Board, and only upon the conditions set forth below:
A. Adult entertainment businesses are permitted only in those Light Industrial Districts
which adjoin a State Highway (e.g.,New York State Route 13).
r
B. The Board of Appeals, after favorable recommendation of the Planning Board, grants a
special approval for same in accordance with the provisions of Article XXIV, Special
Permits and Special Approvals, of this chapter utilizing the criteria set forth or referred to
in said article for the granting of a special approval.
C. The building in which the business is conducted, and the related parking areas, are
located at least 150 feet from any highway right-of-way line, at least 280 feet from the
boundary of any other zoning district, and at least 280 feet from any public park, school,
or church. For this purpose, the Finger Lakes Trail is considered a public park, and the
boundaries of such trail are deemed to be the lines on each side of the center line that are
parallel to, and 20 feet from, the center line of the trail.
D. The building and lot upon which it is located comply in all other respects with the
requirements set forth in the provisions of this article governing Light Industrial Zones,
except as modified by this section and with the following further exceptions:
(1) If the type of adult entertainment business is one specified in § 270-227 the
minimum parking requirements shall be those set forth in such section for that type
of structure (e.g., if the adult entertainment business is a theater, there shall be one
parking space for each five seats).
(2) If the type of adult entertainment business is not one specified in § 270-227 the
minimum parking requirement shall be 300 square feet of parking area, including
r
270:82.4 04-01-2011
§ 270-145 ZONING § 270-147
lanes and driveways, for each 100 feet of floor area, exclusive of basements used
f: for storage (e.g., if the adult entertainment business is a massage parlor, the
minimum parking area shall be 300 square feet for each 100 feet of floor area).
(3) The minimum parking requirements may be reduced in accordance with the criteria
and procedures referred to § 270-227.
§ 270-146. Permitted accessory buildings and uses.
Only the following accessory buildings or uses are permitted of right in a Light Industrial
Zone:
A. Automobile parking and off-street loading areas subject to the further requirements of
this article.
B. Accessory storage buildings, but not to include outside storage.
C. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca.
D. The dwelling of an owner, operator, or manager, or of a guard, caretaker, or custodian,
provided that no more than one dwelling unit per industry shall be established.
E. Guardhouse.
F. Child day-care centers upon receipt of a special permit for same from the PIanning Board
in accordance with the procedures set forth in this chapter.
G. Cafeteria or lunchroom.
H. Recreational facilities including playfields, ballfields, tennis and volleyball courts,
swimming pools and fitness centers.
1. (Reserved)74
1. Where the use is as a dwelling, home occupations, subject to the limitations on home
occupations set forth in § 270-219.2. [Added 2-12-2007 by L.L.No. 1-20071
K. Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in
§ 270-219.3. [Added 8-13-2007 by L.L. No. 7-2007]
L. Small wind energy facilities, subject to the limitations on small wind energy facilities set
forth in § 270-219.4. [Added 8-11-2008 by L.L. No. 13-2008]
§ 270-147. Minimum area for a light industrial zone.
A minimum tract of 10 acres is required for the development of a Light Industrial Zone.
14. Editor's Note: Former Subsection I,regarding fences up to eight feet in height,was repealed 11-9-2009 by L.L.No.
r
14-2009.
270:82.5 04-01-2011
§ 270-148 ITHACA CODE § 270-152
§ 270-148. Height limitations. rr
Except as may be specifically otherwise authorized in this chapter, in Light Industrial Zones
no building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height
from lowest exterior grade, and no structure other than a building shall exceed 36 feet in
height.
§ 270-149. Yard regulations.
A. Except as may be specifically otherwise authorized in this chapter, in Light Industrial
Zones yards of at least the following dimensions are required:
(1) Front yard: Not less than 150 feet in depth.
(2) Rear yard:Not less than 60 feet in depth.
(3) Side yards: None required with respect to buildings all on the same lot, but not less
than 60 feet from any structure to a side property line.
(4) Greater yards: Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this chapter shall, if more
restrictive, supersede the above yard requirements.
B. The foregoing requirements may include any required buffer areas and shall not be in
addition to any required buffer areas.
f
§ 270-150. Building area.
The maximum building area shall not exceed 30% of the lot area. Projections described in
§ 270-224 are not to be included in computing the percentage.
§ 270-151. Minimum usable open space.
Minimum usable open space shall be not less than 30% of the lot area. For this purpose
"usable open space" shall mean that portion of the lot area not covered by any structure (as
defined in Article III) or driveway, and generally intended to be occupied by suitable
vegetation or landscaping.
§ 270-152. Size and area of lot.
Lots in Light Industrial Zones shall meet the following minimum requirements:
A. Minimum lot area shall be at least two acres; and
B. Minimum width at the street line shall be 150 feet; and
C. Minimum width at the maximum required front yard setback line (150 feet from the
street line) shall be 200 feet; and
D. Minimum depth from the street line shall be 300 feet.
270:82.6 04-01-2011
§ 270-153 ZONING § 270-153
`1 § 270-153. Parking.
Parking requirements shall be as set forth in Article XXVII.
r .
�yl
270:82.7 04-01-2011
-�. Chapter 271
i
f
ZONING: SPECIAL LAND USE DISTRICTS
§ 271-1. Special regulations applicable § 271-8. Planned Development Zone No.
to stated special land use 7 (Limited Mixed Use,
districts. Ithaeare).
§ 271-2. Special Land Use Districts: § 271-9. Special Land Use District No. 8
Limited Mixed Use. (Limited Mixed Use,
§ 271-3. Special Land Use District No. 1 EcoVillage).
(Wiggins). § 271-10. Special Land Use District No. 9
§ 2714. Special Land Use District No. 2 (Limited Mixed Use, Cornell
(Sapsucker Woods). Precinct 7).
§ 271-5. Special Land Use District No.3 § 271-11. Special Land Use District No.
(Limited Mixed Use, Biggs 10 (Limited Mixed Use,
Complex). Sterling House/Sterling
§ 271-6. Special Land Use District No. 4 Cottage).
(Limited Mixed Use, Statler § 271-12. Special Land Use District No.
West). 11 (Limited Mixed Use, Cornell
§ 271-7. Special Land Use District No. 5 Chilled Water Plant).
(Limited Mixed Use, Chamber § 271-13. Planned Development Zone No.
of Commerce). 12.
§ 271-14. Planned Development Zone No.
13 (Belle Sherman Cottages).
[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.
§ 271-1. Special regulations applicable to stated special land use districts. [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.
t
271:1 04-01-2011
§ 271-2 ITHACA CODE § 271-2
§ 271-2. Special Land Use Districts: Limited Mixed Use. [Adapted 8-13-1984 by L.L. r
No. 2-1984]
A. This section amends Section 1 of Article II of the Town of Ithaca Zoning Ordinance, by
adding to the list of permissible districts which may be designated as Special Land Use
District (Limited Mixed Use).
B. The uses permitted in such district will be such a combination of the uses permitted in a
residential and agricultural district and in Business Districts A, B, and E as the Town
Board may permit. The diverse uses must be combined in a unified plan-
C. The establishment of any such district shall lie in the sole discretion of the Town Board,
as a legislative body. It shall be established by amending the Zoning Ordinance to permit
such establishment. The enactment and establishment of such a district shall be a
legislative act. No owner of land or other person having an interest in land shall be
entitled as a matter of right to the enactment or establishment of any such district.
D. The provisions of the Zoning Ordinance and Planning Board Regulations, as they may be
amended from time to time, and any other regulations, orders, rules and resolutions shall
apply to the establishment of any such district. In addition, the Town Board may impose
such conditions and restrictions governing the establishment and regulating the use of
land in any such district as the Town Board deems necessary and desirable.
E. Subject to the provisions below, the procedures governing an application for site plan
approval as provided in Section 46 and 46(a)2 shall apply except that: [Amended
6-9-1986 by L.L. No. 3-19861
rW'
(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.
F. Projects such as the Wiggins Ma 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
1. Editor's Note: Numbering refers to the Zoning Ordinance as it existed in 1984, when this section was adopted.See
now§270-6.
2. Editor's Note: Numbering refers to the Zoning Ordinance as it existed in 1984, ,Ybcn this section was adopted and
amended.
271:2 04-01-2011
§ 271-2 ZONING: SPECIAL LAND USE DISTRICTS § 271-2
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.
r
271:2.1 0a-01-2011
§ 271-13 ZO N I N G: SP1;(' AL L A N 1) IJ S I` F)I SJ R I UFS § 271-13
J. AH of the area rezoncd PLU-Stlarl to this setion shall he c)wncd by the sarric party and
there shall be no subdivision of'tlw area contained in Planned Developnicin 1-oliQ No. 11
K. ']'lie area encompassed and rezorml in ,iccordance with this section to Planned
Development Zone No. 12 is described on Sche(hile A to this section. The official
/onijity Map of' the Town of Ithaca is hereby aniendcd by adding such mne at file
location described,
L. Any violations of, 111c, terms of, this section sliaH cowdiiutc a violation of Chaptcr 270 of
the (I ode of'the Town of lthaca:l "'Ind shall be Punishablc as set forth in said C'ode and in
§ 268 of dic "I'mvii L,aw of the St,,.irc of New York. F,icfi week's continued violation shall
constitute as separaic offense, Notwithstanding the lim-cgoing, the Town reserves For itself,
its agencies and all Other persi.-mis having an interest, all re relics and rights to enforce
tile provisions of this Section, inClUding, Wiffi0tit lHnit,At10fl, aCtIMIS for any hijunchon or
other CCIUitab1C remedy, or action and damages, in the event (lie owner of (lie parccl
covered by this section fails to Comply with arly of the provisions hcrcol-"
Schedule A
Description of Prop erty To lie Rezoned to Planned Development Zone No. 12
ALL, THAT TRAC'T C)R PARCEL, LAND situate in the Town of Ithaca, Tompkins
County, New York, being more particularly described as follows:
COMMFINCING -it a point in the westerly highway fine of Danby Road (N.Y.S.
Route 9613) which point is in the southeasterly corner of premises reputedly owned
by I.C..S. Development Partners, hic, (734 Deeds 37) and which point is
approximately 200 Feet northerly from a north fine of the driveway serving what is
now known as the South IJill Business Campus a( 950 Dariby Road; 1111111111L,' thence
along the westerly line of Danby Road South 20"' 51" 37" West as distance of' t6g.8 I
feet-I thence South 68' 32' 1" 1:;ast along as hig iway fine of F anb Road au distance of
Y
13 feet to as point; thence South 21" 3' 55" West along the westerly line of Dariby
Road as distance of 953.16 feel, to a point', (ficrico South 22" 4 ' 32" West along the
westerly line of Dariby Road a distance of' 463.00 feet to a thence
approximately North 66' West it distance of' approxiiiiately 330 t'eet to, as point
11111TIC"'(11-ately F�ast of an asphalt parking area; thence approximately north 84"' West as
d1st,anc,c of approxiniately 1030 feet to airs iron pipe; thence North 6' 49' 21" last a
distance of 832,60 Feet to an iron pipe in a southerly line of premises reputedly of
Bracewell (554 Decds 964); therice South 85" 46' 36" ["last 422.75 feet to as Pin set at
the intersection of two stone walls; thence North 7" 11' 20" East a distance ot'625.43
fect to art iron pilie f'ourid at as southwesterly corner of premises reputedly of EnICT-sub
IV, Inc. (592 Deed 1080); thence South 83') 5 1' 55" East along the Erncrsub IV, Inc,
property Line as distance of 968.14 feet to a pipe in, as southwest corner of premises
rq)utedly of I.C.S. Development Partners, Inc. (734 Dee(ls 37)1- thence South, 83" 03"
41" F,,ast, a distance of 414,30 feet to (lie point or place ofbeginning.
The above described premises are morc fully shown on a mal) entitled: "South Hill
Business arnpus, 950 Dariby Road,, Survcy Map", a copy of'which is on file in the
rown of Ithaca Planning Office.
771:75 04 -Of -2011,
§ 271-14 ITHACA CODE § 271-14
§ 271-14. Planned Development Zone No. 13 (Belle Sherman Cottages). [Added 1-4-2011 -
by L.L. No. 1-20111
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 pattcrns 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.
r
� f
271:76 04-01-2011
§ 271-14 ZONING: SPECIAL LAND USE DISTRICTS § 271-14
(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
( f 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 and uses. The following accessory buildings or uses are
permitted as of right in Planned Development Zone No. 13:
(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, as regulated by Chapter 221, Signs, of the Town of Ithaca Code.
(4) Off-street garage or parking space for the occupants, users and employees in
connection with the uses specified above, but subject to the other provisions of this
r section.
271:77 04-01-2011
§ 271-14 ITHACA CODE § 271-14
(5) A temporary building for commerce or industry, where such building is necessary
or incidental to the development of the buildings within Planned Development i
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.
E. 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; t
(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.
t
271:78 04-01 -2011
§ 271--Izl ZONING: S11F.CIAL L,ANI) USF DISTRICTS 27l-14
J. Parking. Off-street parking shall be provalcd in the f6rni (,,)f' �garagcs, or paved, parking
spaces suffaccd in such; nianner as may be approved by the, Town Planning Board, at the
rate of at least one parking space for each dwelling unit.
K, Si/c hinniation. The square foaagc fen, any detached oric-il'anilly dwelling unit shall not
he less than 1,500 square feel, 'I'l-IC SCIUMC f00tJgC Of' the JkaChed tOW1111OLISCS Shall riot
be less than 1,100 Square fe&
L Townhouse units, The, mHurnuin 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 sho)Nn on the original final site, plan approved by
the P[annirij,; Board. These areas will be o\vncd and irtaintairied by the BSCTIA, which
will provide for Public "ACCcss to the sidewalks, parkland and connection points to the
F"Ist Ithaca Recreation Way,
K ()wncrship and inainteriance of roadways, sidewalks, infrastrricturc and stormwater
nlanageinent facilifics.
I All water and sewer rnains in Planned Dcvcloprncnt Zone No. 13 to be dedicated
to the Town of Ithaca will be constructed by the developer or other owner of the
land irl Planned Devc1opinclit Zone No. 13, at such party's expense, and in
(aCCORMICe W
I i1h all applicable specifications and requirements (inClUdilIg TOW11 Of
Ithaca and Totirpkins (.`oartyspecificzarorrs) to tire satisfaction of the Town of'
Ithaca Town I°ng and 'I'ornpkin,,; County Health Department, will be offered
for dedication to the Town upon conipletion, arid wheri accep(ed by and conveyed
to the 'Town, will be owned and maintained by the T(.!iwn. Nothing in this section is
intended to compel the Town to accept such dedications.
(2) All roadways and sidewalks, all storinwaier nianagernent facilities and all
ill flitStf LJCtU rC UlOt privately owned or utility-owned or owned and Trianitained by
(lie Town as noted ill Subsection N(I) above will be owned an(.] maintained by the
1,3 S CI I A,
0. Building pciurits, site plan approval arid subdivision approviL
I l In accordance with the provisions of Chapter 270, Zoning, of file Town of Ithaca
Code,ode, a final site plan shall be subi-nitted to and approved by the T(�),vvjr of' Ithaca
Planning Board before issuance of'any building permits,. Any significant revisions
to the preliminary ;bite Plan, a copy of which will be on file at the Town of Ithaca
Planning Dcpartnient, submitted to the Town Board at the (inic of the creation of
this Planned Development Zone, shall be submitted to and be approved by the
-['own Board lee R,)rc issuance of air), building permits,
(2) Notwithstanding the foregoing, the Planning Board is authorized to perrait
unodifications of the Prclinrinary Site Plan in granting final site plan approval
provided that:
(a) As modified, such site plan is in general conformity with the purposes amid
objectives of this section creating this Planned Developnierit Zone; and
271:79 04 -01 - 2011
§ 271-14 ITHACA CODE § 271-14
(b) The modifications are in accordance with the provisions of this section, and r
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 fnaIly 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.
r �
271:80 04-01 -7011
§ 271-14 ZONING: SPECIAL LAND USE DISTRICTS § 271-14
(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.
t
(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
271:81 04-01-2011
§ 271-14 FlI I A("A CO D f-' § 271-14
atid the Town of ithaca Town Fligirlecr, and such water and sewer mains are
transferred and dc(licated to the Town of Ithaca.
(d) All private water and scwcr mains serving the lot for which a certificate of
occupancy is requested fi,,ivC been built by the develc)per at the devc1opcl-'s
expense in accol-(Li lice with the ic-quirernents of' all applicable govcrnijig
authorities and la%vs, iticluding the rcquirerricrits of the, Tompkins County
fleahli Dcparlirte„,nt, and aIppllcable piurnbing and bi'lilding Codes.
Notwithstandiiig, the above requirements of this Subsection 11(2), a model
horric with im office and with no %vater or sewei, service may be granted I
Certificate OFOCCUINA11CY 1)1101' (() the SaMSCZICOOII OflhCSC 1-C(ILlit-cments,
Q, Maintell"'llice of Storillwater fiacdltics. The BS( IIA shall own and properly ritairitain the
Sand filter, stol"111%;Yater lines zind inlets that serve Planned Developrnerit Zone No. 13,
Maintenance of these stortnwater managetrient figicilities, shall be pursuant to a separate
agreerricill between file Town and the BSUI IA.
R. C'OnStrLJC1jOJ1 1-CClUil"Cinews, All construct.4�)a f(.)r which, as permit is required or granted
shall comply with all applicable laws, codes, ordinances, I'LlICS aAnd l-CgUh)fiOt1s,
SModification of final site plasm. Any change in the site plan as finally approved by the
Town Pianning Board shall not be made until an application for as modification of site
plan is provided to and aPprovcd by the Town Planning Board pursuant to § 270-191 of
the 1`own, of Ithaca Clode, Sitc, ].flan niodifications are not rquired for those iterm listed
in Chapter 270, Zoning, § 270-191, of the Town ot'llhaca Code as not requiring Planning
Board approval ofa site plan modification.
E Reversion.
(1) Unless work has materially conirricnced in accordance with as final site plan within
two years, (mins the is,,uance of the klildirlg pertnit authorizing such work, or
within 48 months of the (!late file Planning Board gave final site plan approval, or
Within six years of the clTCCtjvc (late of this section, whichever is carlicr, any
building pernnt 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, acloption of” this section,
unless in the interim there has been a general rezoning of'(lie area surrounding the
area bcing rezoned by this section, in which event the zoning shall. revert to the
same zoning as then in effect alorig as majority of the perimeter (:)I' the land being
rezoned as Plarincd Development Zone No. 13 by this section, The Planning
13(xird, upon request of (lie applicant, after a public hearing, and upcai a finding
that the Imposition of the tin'ie limits set forth above would create art unidue
hardship oil the applicant, may extend the time lit-nits fbr such additional periods as
the Planning Board may, reasonably detern-rine, An application fbr such extension
rnay be rinade at the time of filing of the original application for site plan approval
or at any time thereafter tip to, but no later than, six nionths after the expiration
the time limits set forth above.
271:82 04 -Ot - 2011
§ 271-14 ZONING: SPECIAL LAND USE DISTRICTS § 271-14
�. (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 and/or prevent the occupancy of said building or land.
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. I3 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
r, of Tompkins, State of New York, being bounded and described as follows:
a
271:83 04-01-2011
271-14 ITHACA CODF, § 271-14
BEGINNINO at as pin Cound on the north linc of MitchcH Street at the SOL.IthWe'St
corner of harids of' Cornell University, as recorded in Book 211 at Page 266, said
point being 139 fect cast or the into-section of' (Iover Lane and 27.4 Im north of
the center line of Mitchell Sircel,
RUNNIN(i THENCF, North 78" 1 ' 06" West Cor a distance of 362,80 I'M al(,:)Ilg the
north Inic of, Mitchell Strect. to a point;
RUNNIN6 TIll,"NCE North 06" 59' 03" Plast tor a distance, of' ;94J)1 kxl to as point;
RUNNING Till"IN(T North 83" 05' 45" West fim a dist'ance of 29,00 rect ((.) as point
at the southew,'t corner or Worth Strcet;
RLJNNING THFIM11, North 06" 59' 03" F1'asl f6t, a disiancc of 50.00 fect along the
cast line ol' Worth Strect tar a point ai the noolle.,'Isi, corrier of Worth Stree(,,
RUNNING THEN(T' South 83" 06' O(W F,asl tor a disiancc of' 19,74 (M to a pin
round",
RUNNING TFIUNCF Nordi (6') 54' 00" Fast for a distance of 245.32 I`cet to a pipc
round in concrete;
RUNNINGITHENCE North '71' 52' 26" East rora distance of30.00 rvet to as point;
RIJNNING THEINCT" South 18" 10' 25" East f'or a distance or 809.23 feet to the
point of qinning.
For a more particular description thercof, rel'Ovnce is licreby made to a surveY niap
entitled "Subdivision dart Belle Sherman ('ottages Agora Homes and Development,
LIC, Mitchc1l Street and Vine Street, Town of Ithaca, rompkitis (",ounty, New
York," dated March 2, 2011, prepared by T.G. Millcr, P.C., F"rig,incers, and
Surveyors, Ithaca, New York.
271:84 04-01 -2011
§ DL-1 DISPOSITION LIST § DL-1
l"`1 Local Adoption
Law No. Date Subject Disposition
27-2009 12-7-2009 Zoning amendment Ch. 270
1-2010 1-11-2010 Zoning amendment Ch. 270
2-2010 4-12-2010 Vehicles and traffic: parking; Ch. 250, Art. III
stop and yield intersections
amendment
3-2010 4-12-2010 Building construction and fire Chs. 125; 221; 225; 270
prevention amendment; signs
amendment; sprinkler systems
amendment; zoning amendment
4-2010 7-12-2010 Streets and sidewalks: excavation Ch. 230, Art. I
and construction in municipal
roadways and highway
rights-of-way
5-2010 8-9-2010 Adoption of employee retirement NCM
incentive, Part A
5-2010 11-8-2010 Zoning: special land use districts Ch. 271
amendment
7-2010 12-13-2010 Animals: dog control and Ch. 112, Art. I
licensing amendment
1-2011 4-11-2011 Zoning amendment; zoning: Chs. 270; 271
special land use districts
' amendment
2-2011 4-11-2011 Zoning amendment Ch. 270
3-2011 4-11-2011 Zoning amendment Ch. 270
DL:S 04-01-2011
r ,
GENERAL CODE
l r--
INSTRUCTIONS
Town of Ithaca Code Supplement No.23
The enclosed new and/or replacement pages should be placed in your Code volume immedi-
ately! The dateline, on the bottom of the page, does not indicate the adoption date of the Code
changes,but rather identifies the pages printed with this supplement.This instruction page should
be placed in the front of your Code volume.
REMOVE INSERT
Table of Contents, Table of Contents,
v-vi v-vi
65:1 —65:4 65:1
DL:5 DL:5
Index Pages 1 --26 Index Pages 1 —26
Legislation,by number or date of adoption,included in this supplement: L.L.No. 4-2011.
06-01-2011
TABLE OF CONTENTS
Tools for Finding Information—In addition to the municipality's legislation, this publication
contains tools to help locate information: table of contents, index,chapter outlines (schemes), and
a disposition list.
Chapters—Chapters are generally discrete pieces of legislation, but can also be made up of sev-
eral individual pieces on a related topic. In that case, the individual pieces are arranged into arti-
cles or parts within the chapter. The article or part titles can be found in the chapter scheme or by
subject in the index. If you are familiar with a former number or title, look for it chronologically
in the disposition list.
Reserved Chapters—In the numbering of chapters, space has been provided for the convenient
insertion, alphabetically, of later enactments. Help in selecting an appropriate number for a new
chapter is available from the editor. See also the "Instructions for Amending the Code" in the
Preface.
Section Numbering—A chapter-related section-numbering system is employed. Each section of
every item of legislation is assigned a number, which indicates both the number of the chapter in
which the item of legislation is located and the location of the section within that chapter. Thus,
the fourth section of Chapter 6 is § 6-4.
r Scheme—The scheme is the list of section titles that precedes the text of each chapter. These ti-
tles are carefully written so that, taken together, they may be considered as a summary of the con-
tent of the chapter. Taken separately, each describes the content of a particular section. For ease
and precision of reference, the scheme titles are repeated as section headings in the text.
Page Numbers—A unique page-numbering system has been used in which each chapter forms
an autonomous unit. The first page of each chapter is the number of that chapter followed by a
colon and the numeral "1." Thus, Chapter 6 begins on page 6:1. By the use of this system, it is
possible to add or to change pages in any chapter, or add new chapters, without affecting the se-
quence of subsequent pages.
V 06-01-2011
ITHACA CODE
PART I: ADMINISTRATIVE LEGISLATION
I. General Provisions................................................................... 1:1
Article I—Adoption of Code
9. Appearance Tickets.................................................................. 9:1
14. Banking Transactions............................................................. 14:1
18. Citizen and Staff Advisory Committees................................. 18:1
20. Compensation.........................................................................20:1
Article I—Planning Board and Zoning Board of Appeals
23. Conservation Board................................................................23:1
28. Defense and Indemnification..................................................28:1
32. Ethics, Code of.......................................................................32:1
41. Health Insurance.....................................................................41:1 --w
51. Notification of Information Security Breaches51:1 `
......................
54. Ordinances,Publication of..................................................... 54:1
59. Public Works Department...................................................... 59:1
69. Relocation Expenses................................................................69:1
73. Residency Requirements........................................................73:1
84. Terms of Office......................................................................84:1
Article I-Supervisor
89. Town Board......................................................... 89:1
PART II: GENERAL LEGISLATION
100. Adult Uses............................................................................ 100:1
vi 06-01-2011
Chapter 65
4
(RESERVED)
[Former Ch. 65, Records Management, adopted 104-1993 by L.L. No. 9-1993, ►vas
repealed 5-9-2011 by L.L. No. 4-20111
65:1 06-01 -2011
§ DL-1 DISPOSITION LIST § DL-1
Local Adoption
Law No. Date Subject Disposition
27-2009 12-7-2009 Zoning amendment Ch. 270
1-2010 1-11-2010 Zoning amendment Ch. 270
2-2010 4-12-2010 Vehicles and traffic: parking; Ch. 250, Art. III
stop and yield intersections
amendment
3-2010 4-12-2010 Building construction and fire Chs. 125; 221; 225; 270
prevention amendment; signs
amendment; sprinkler systems
amendment; zoning amendment
4-2010 7-12-2010 Streets and sidewalks: excavation Ch. 230, Art. I
and construction in municipal
roadways and highway
rights-of-way
5-2010 8-9-2010 Adoption of employee retirement NCM
incentive, Part A
6-2010 11-8-2010 Zoning: special land use districts Ch. 271
amendment
7-2010 12-13-2010 Animals: dog control and Ch. 112, Art. I
licensing amendment
1-2011 4-11-2011 Zoning amendment; zoning: Chs. 270; 271
special land use districts
amendment
2-2011 4-11-2011 Zoning amendment Ch. 270
3-2011 4-11-2011 Zoning amendment Ch. 270
4-2011 5-9-2011 Records management repealer Ch. 65, reference only
DL:5 06-01 -2011
GENERAL CODE
INSTRUCTIONS
Town of Ithaca Code Supplement No.24
The enclosed new and/or replacement pages should be placed in your Code volume immedi-
ately? The dateline, on the bottom of the page, does not indicate the adoption date of the Code
changes, but rather identifies the pages printed with this supplement.This instruction page should
be placed in the front of your Code volume.
REMOVE INSERT
205:1 —205:5 205:1 —205:9
250:7—250:8 250:7—250:8
270:5—270:6 270:5—270:6
270:6.1 270:6.1
270:15—270:22 270:15—270:22
270:22.1 —270:22.3 270:22.1 —270:22.3
270:82.3—270:82.4 270:82.3—270:82.4
270:133—270:134 270:133 —270:134
270:134.1
271:1 —271:2 271:1 —271:2
271:27—271:34 271:27—271:34
271:34.1 271:34.1
27 I:83 —271:84 271:83 —271:92
DL:3—DL:5 DL:3—DL:5
Index Pages I —26 Index Pages 1 —28
4
1 Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 5-2011; 6-
2011; 7-2011; 8-2011; 10-2011; 11-2011.
10-01-2011
r Chapter 205
PROPERTY MAINTENANCE
§ 205-1. Purpose and authority. § 205-4. Enforcement.
§ 205-2. Prohibited acts. § 205-5. Variance procedures.
§205-3. Penalties for offenses.
[HISTORY: Adopted by the Town Board of the Town of Ithaca 6-13-2011 by L.L. No.
5-2011.1 Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings—Sec Ch.129. Zoning—See.Ch.270.
Construction and repair of sidewalks—See Ch.230,
Art. 11.
§ 205-1. Purpose and authority.
The purpose of this chapter is to assist in the enforcement of the Property Maintenance Code
of the New York State Uniform Fire Prevention and Building Code (hereafter referred to as
the "State Property Maintenance Code") and, pursuant to the authority granted to the Town of
Ithaca by Town Law Article 16 of the State of New York and Executive Law Article 18 of
the State of New York, to promote the general health, safety and welfare of the residents of
the Town of Ithaca, protect the value of real property in the Town of Ithaca, and promote and
perpetuate the attractive appearance of neighborhoods in the community, by requiring proper
maintenance of real property within the Town of Ithaca. This legislation is intended to
expressly supersede the provisions of New York Town Law §§ 274-a (4), 268, and 282
pursuant to the provisions of the Municipal Home Rule Law of the State of New York,
specifically, but not exclusively, in relation to the jurisdiction of the Zoning Board of
Appeals, including by expanding such jurisdiction to determine matters related to New York
Town Law Article 16, even if not enacted wholly pursuant to the authority of said Town Law
Article 16.
§205-2. Prohibited acts.
A. It shall be a violation of this chapter for any owner or other occupant of real property in
the Town of Ithaca, or for any person having control of real property in the Town of
Ithaca charged with the maintenance of the property, to deposit, abandon, maintain, keep
or allow the accumulation on his or her real property, outside of any building, of any
personal property,junk, trash, rubbish, garbage, refuse, debris, discarded materials, bulk
items, and/or any other material which, if thrown or deposited as herein prohibited, tends
to create a danger to the public health, safety and welfare, or creates degradation through
unsightliness or noisomeness, or which creates a public or private nuisance.
1. Editor's Note: This local law also repealed former Ch.205, Property Maintenance, adopted 9-10-1979 by L.L. No.
4-1979,as amended.
l
205:1 10-01 -2011
§ 205-2 ITHACA CODE § 205-2
(1) Examples of such materials are as follows:
(a) Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food, except for composted
materials placed inside an enclosure and located at least three feet from a
property line, or composted materials located at least 10 feet from a property
line if not placed inside an enclosure.
(b) Putrescible and nonputrescible solid wastes (except body wastes), such as
garbage, rubbish, ashes, street cleanings, dead animals, and solid market and
industrial wastes.
(c) Nonputrescible solid wastes consisting of combustible or noncombustible
wastes, such as felled or cut trees or limbs stored within three feet of the
property line, lumber or construction materials not actively and presently
being used to construct or repair a building or make any other improvement
on the premises, broken glass, discarded bedding, broken crockery, discarded
furniture or toys, accumulation of items (including but not limited to
magazines and other paper goods, tools and parts, paints, varnishes and
lacquers, containers, boxes and jars), and similar materials or parts thereof,
whether mixed together or otherwise, and in any amount.
(d) Any boat, snowmobile, all-terrain vehicle, or other such device, which is in a
state of disrepair or is otherwise dilapidated, broken, or abandoned.
(e) Abandoned, discarded, broken, or inoperable refrigerators, washing machines
or other machinery or parts thereof. Any such items stored on any yard or Iot
for a period of more than 60 days shall be presumed to be abandoned.
(f) Any automobile, truck, or other vehicle originally intended for use on the
public highways which is no longer intended or in condition for legal use on
the public highways, including such vehicles which are in a state of disrepair
or otherwise dilapidated, broken, or abandoned. For the purpose of this
subsection, a vehicle shall be presumed to be no longer intended or in
condition for legal use on the public highways if any of the following apply:
[1] It does not bear and display upon such vehicle, in a location prescribed
by the Commissioner of Motor Vehicles, a current registration from the
State of New York or other recognized registering jurisdiction; or
[2] It does not bear and display upon such vehicle, in a location prescribed
by the Commissioner of Motor Vehicles, an inspection certificate issued
within the Iast 12 months in accordance with the laws of the State of
New York or the laws of any other recognized inspecting jurisdiction if
required for use on public highways; or
[3] Such vehicle is not able to be moved by its own power.
[4] Notwithstanding the foregoing, the following vehicles are allowed to be
kept outside a building:
205:2 10-01 -2011
§ 205-2 PROPERTY MAINTENANCE § 205-4
--, [a] Farm vehicles that meet criteria [1] and/or [3] above, provided
they have been registered within the last 12 months; and
[b] A private vehicle meeting criteria [1], [2] and/or [3] above that is
offered for sale for no longer than a ninety-day period, provided
that no more than one private vehicle meeting criteria [1], [2]
and/or [3] above may be offered for sale on any parcel within any
twelve-month period.
(2) Such list of examples is not exclusive and is not in Iimitation of the prohibition
contained in this section.
B. Except to the extent that a health, safety or fire hazard is found to exist, or if the storage
of such items would constitute a nuisance, it shall not be a violation of this chapter to
maintain on real property items of the kind and nature set forth in Subsection A above if
such items are stored inside a building or if they are stored in such manner that they are
not visible to neighboring properties or from a highway.
C. Notwithstanding the foregoing Subsection B, outside storage in a front yard of items of
the kind and nature set forth in subsection A above is prohibited. "Front yard" shall have
the same definition as "yard, front" in Chapter 270, Zoning, of the Town of Ithaca
Code.Z
§ 205-3. Penalties for offenses.
A. A violation of this chapter shall be a violation as defined in § 10.00 of the Penal Law of
the State of New York and shall be punishable by a fine not to exceed $500 or a
sentence of imprisonment not to exceed 15 days, or both.
B. Persons and other entities that violate a provision of this chapter shall be liable for a civil
penalty of up to $500 for each such violation. Each day a violation exists shall constitute
a separate violation. The Attorney for the Town or his or her designee may commence an
action or special proceeding against the violator in a court of competent jurisdiction to
collect these penalties, together with costs, disbursements and recoverable attorneys' fees,
and/or to compel compliance with this chapter or restrain by injunction any such
violation.
C. Violations of the State Property Maintenance Code shall be punishable as set forth in
§ 382 of the Executive Law of the State of New York.
§2054. Enforcement.
A. This chapter shall be enforced by the Director of Code Enforcement or any other person
designated by the Town Board, and their duly appointed deputies, all herein collectively
referred to from time to time as the "Code Enforcement Officer." The Code Enforcement
Officer of the Town of Ithaca is hereby authorized to enforce the provisions of this
chapter, the Executive Law of the State of New York, and the State Property
2. Editor's Note:See§270-5,Definitions.
205:3 10-01 -2011
§ 205-4 ITHACA CODE § 205-4
Maintenance Code, each as now exists or as hereafter amended, reauthorized, or
recodified.
B. Upon receiving a complaint or upon any inspection of a property, the Code Enforcement
Officer shall determine whether or not there appears to be a violation of this chapter
and/or the State Property Maintenance Code. Upon finding or making a determination
that this chapter and/or the State Property Maintenance Code has been or is being
violated, the Code Enforcement Officer shall give the owner of the real property, and
may also give an occupant of the real property, and/or the person having control of said
real property charged with the maintenance of the property, written notice of such
violation or noncompliance, and such notice shall be called and labeled as a "Failure to
Maintain Property Notice" (herein, the "FMPN").
(1) Such FMPN shall contain:
(a) A brief description of the premises, and for this purpose a street address is
sufficient;
(b) The nature and existence of the violation;
(c) The provision(s) of this chapter and/or the State Property Maintenance Code
that has been or is being violated;
(d) An order that the violation be terminated or corrected;
(e) A date by which compliance is mandated; and
(f) A date by which the owner, occupant or person having control may object in
writing to the notice, which objection(s) shall be deemed to be a request for a
hearing before the Zoning Board of Appeals of the Town of Ithaca,
established pursuant to Chapter 270, Zoning, of the Town of Ithaca Code.
Such objection or request for a hearing may be fled to appeal the
determination of noncompliance, the date mandated for compliance, the terms
and conditions of any order for compliance, or for a variance from the
requirements of this chapter, or for any other reason.
(2) Written notice of the FMPN shall be considered given when:
(a) Personally served upon the owner, and (where they are also recipients of the
FMPN, as the case may be) any other known occupant or person having
control of such real property in the Town of Ithaca who is required to
maintain the property; and
(b) After also mailing the same by regular and certified mail to the owner's
address as reflected in the last completed official assessment roll and to the
address for the real property so affected.
C. If the owner, or other occupant or person having control of real property in the Town of
Ithaca, fails to remedy the violation by the date upon which compliance is mandated and
fails to request a hearing by the date specified in the FMPN, the Code Enforcement
Officer shall cause a compliance and remediation plan to be presented to and approved -
r ;
r
205:4 io-of -2011
r,,,
§ 205-4 PROPERTY MAINTENANCE § 205-4
fes, by the Town Board, and the Town shall, through such plan, cause the condition to be
corrected through the use of reasonably efficient and cost-effective measures to keep the
expenses low and reasonable in respect to the nature of the violation and the measures
needed to effect compliance with this chapter (including any necessary remediation
activities). After the condition has been corrected, the Code Enforcement Officer shall
file with the Accounting Department of the Town of Ithaca a statement of all the direct
costs of the same, together with a 50% surcharge as compensation to the Town of Ithaca
for administering, supervising, and handling said work in accord with the provisions of
this chapter. The Accounting Department will verify the cost and prepare a verified
statement (herein, the "Verified Statement") and file the same in the Office of the Town
Clerk. The Verified Statement shall itemize and clearly state the specific amount claimed
due and be delivered by:
(1) Personally serving the same upon the owner, and (where they were also recipients
of the FMPN, as the case may be) any other known occupant or person having
control of such real property in the Town of Ithaca who is required to maintain the
property; and
(2) Mailing the same by regular and certified mail to the owner's address as reflected
in the last completed official assessment roll and to the address for the real
property so affected.
D. Any person aggrieved by the filing of a Verified Statement may file a written objection
thereto and request a hearing by the Town Board to challenge the validity of the Verified
Statement or to determine the actual or reasonable costs of compliance or remediation
incurred by the Town of Ithaca as listed in the Verified Statement. Such objection must
be filed within 30 days of service and mailing of Verified Statement. Notice of the date
of the hearing before the Town Board shall be served by:
(1) Personally serving the same upon the objecting party and the owner, if different;
and
(2) Mailing the same by regular and certified mail to the objecting party's and the
owner's address (again, if different) as reflected in the last completed official
assessment roll and to the address for the real property so affected.
E. Absent any objection or request for a hearing, if the sum stated in the Verified Statement
as due is not paid within 30 days of the date of service of the Verified Statement, the
Town may file a certificate with the Tompkins County Department of Assessment stating
the cost of abatement and administrative costs to the Town, as detailed in the Verified
Statement, together with a statement identifying the property and landowner. The
Tompkins County Department of Assessment shall in the preparation of the next
assessment roll assess such unpaid costs upon such property. Such amount shall be
included as a special ad valorem levy (administered as a move tax) against such property,
shall constitute a lien, and shall be collected and enforced in the same manner, by the
same proceedings, at the same time, and under the same penalties as are provided by law
for collection and enforcement of real property taxes in the Town of Ithaca. The
assessment of such costs shall be effective even if the property would otherwise be
exempt from real estate taxation.
f
205:5 10-01 -2011
§ 205-4 ITHACA CODE § 2054
F. If an objection or request for a hearing upon the FMPN is filed within the date by which
the owner, or other occupant or person having control of real property in the Town of
Ithaca, may object to the notice or request a hearing, then the owner, or other occupant or
person having control of real property in the Town of Ithaca charged with the
maintenance of the property, shall be served with a written notice (as aforedescribed) of
the time and place that the hearing before the Zoning Board of Appeals of the Town of
Ithaca will take place. This hearing before the Zoning Board of Appeals of the Town of
Ithaca shall be held not less than 30 days, nor more than 60 days, after the objection or
request for a hearing is filed, and the determination of the Zoning Board of Appeals of
the Town of Ithaca shall be made and issued to the objecting party and the owner of the
subject property, if different, by:
(1) Personally serving the same upon the objecting party and the owner, if different;
and
(2) Mailing the same by regular and certified mail to the objecting party and the owner
(again, if different) to said person's address(es) as provided to the Zoning Board of
Appeals of the Town of Ithaca or as reflected in the last completed official
assessment roll, and to the address for the real property so affected.
G. If, upon the completion of the appeal to the Zoning Board of Appeals of the Town of
Ithaca, the Zoning Board of Appeals of the Town of Ithaca denies the appeal or sets
conditions of a variance, and the owner, or other occupant or person having control of
real property in the Town of Ithaca charged with the maintenance of the property, fails,
neglects, or refuses to terminate or correct the violation, or fails to abide by the
conditions of the variance set by the Zoning Board of Appeals within 30 days of the
decision being filed with the Town Clerk, then the Code Enforcement Officer shall cause
the condition to be corrected through the use of reasonably efficient and cost-effective
measures to keep the expenses low and reasonable in respect of the nature of the
violation and the measures needed to effect compliance with the law (including any
necessary remediation activities). After the condition has been corrected, the Code
Enforcement Officer shall then file with the Accounting Department of the Town of
Ithaca a statement of all the direct costs of the same, together with a 50% surcharge as
compensation to the Town of Ithaca for administering, supervising and handling said
work in accord with the provisions of this chapter. The Accounting Department will
verify the cost and prepare a Verified Statement and file the same in the Office of the
Town CIerk. The Verified Statement shall itemize and clearly state the specific amount
claimed due and be delivered by:
(1) Personally serving the same upon the owner, and (where they were also recipients
of the FMPN, as the case may be) any other known occupant or person having
control of such real property in the Town of Ithaca who is required to maintain the
property; and
(2) Mailing the same by regular and certified mail to the owner's address as reflected
in the last completed official assessment roll and to the address for the real
property so affected.
205:6 10-01 -201z
H. It' an objection or request for a hearing upon the Verified Staiement is filed within the
date by which the owner, or other occupant or person having control: of real property in
the Town of Ithaca, may object to such notice, Own the owner and oJb ectin17g party, it'
different, shall be served with written notice (lis aforecicscribed) of the linie and place
that the hearing before the Town Board Nvffl Utkc place,
I This hearing before the Town Board shall be field not less thane 30 days, nor more
than 60 days, after (lie objection or request fim, a hearing is filed, and the
determination of tile Town Board Shall Ile made and issued to all parties and the
(AvIlei" Ofthe subJect property by:
(a) 11crsonallV serving the carne llpimi the. objecting parly and the owner, it'
different, and
(b) Mailing the sairre by regular and culifiW mail to the objecting lxarly and the
owner (again, if ditTerent) to said perstin's adckess(cs) as provided to (lie
Town Board or as reflected in the fast cornpleted official 'Issessment roll, aarid
to the address for dic real property so allected.
(2) It' the Town Board upholds the Vcrilicd Staictnew, and it' (lie Burn stated in the
Verif-led Statelilent is, not paid wvithin 30 days of' the date of the Town Board's
delermimatron, then file Town may file a ect-lificale with (lie Tompkins County
Dcpartment (A'Assessment stating the cost ofabamnent and adinirlistrative costs lo
the Town, as detailed in the Verihed Statement, together with ar statement
identifying the property and landovvner. The Tompkins COLInt )e -it ent of'
I)a 1 11
Asscssinent shall in the prcparation of the next assessment roll assess SUCh Unpaid
costs upon such property. Such amount shall be includecl as as special ad vatorcur
levy ('1(1111111 istered as a move tax) against such property, shall constitute a lien, aad
shall he collected and enf6rced in the sarlic rrianner, by the same procceding,'s, at
tic, sarne tinre, and under the sarne penalties as are provided by JaJvV f'jq- Ck1)jl(,~Cjjorj
and enforcement of real property taxes in the Town of Ithaca. The assessinent of
such costs shall be effective even if (lie property would otherwise be exempt frorn
real estate taxation,
(3) It' the Town Bcsird rules that the 111101111t, 01' the VCI-ified Staternent sliall be
adjusted downward, f and ithe adjusted costs of abatement An(] administrative costs
c ar
e not paid within 30 days of' the daic of the Clete tirinatron of the Town Board,
fliell 1,, rfo,n may ('Ile a certificate with the 'llompkins County Department of
Assessment stating the cost of abatement and administrative costs to file Town, as
detailed in the Verified Statcuient, togcther with a sUatenient identifying the
property and landowner, Fhe Tornpkrns County Depalu'rent of"Assessment shall in
the preparaticin of the next assessment roll assess mich unpaid costs upon such
property. SUCh 1111OUrIt Shall be included ,.is a special ad valorcin levy
(administercd as as move tax) against such property, shall constitute as lien, and
shall be collccwd and criforced in the same irianricr, by the same proceedings, at
file SdIlle tHTIC, and Under the sarne pertalties as are provided by law flor collection
and enforceirient of' real property raves in the Town of Ithaca. The assessment of'
such costs shall be elTective even If the property would otherwise be exempt froin
real estate taxation.
205-.7 10 -Or -20 11
205-4 lITlAC'A CODE, § 205-5
(4) it' the Town Board invalidates the Verified Statonent, or makes such other
determination as to preclude the validity or en%rcwbHky of the VoIned
Statement, then the Awn of 110ma shall not seek to enforce the Verified Statement
by collection or ttsscs,sjnent, and instead shall take such actions, as arc allowed by
low to congel compliance with this chapter and the State Prcsperty Maintenance
(.'odc, including, but not lirnited to, the pursuit of civil or criminal enf6rcenient
actkm4 or by reissurunce of as FNIPN, dapplicubl[e. IS 'nmvn Fkmrd shall int have
the authority to increase the amount clailyled due or owing upon any Verified
Staterricrit until and unless as new or amendcd Verified Stateirrent is generated in
accordance with the, submaraive and procedural requirements of"this chapter.
L Tic TWO rights to carry out compliance and ron-ne,diation plans and to runner the costs
frorn (fie landowner are in addition to all Wer rights and ronedics alhnwd 11 this
chapter or b.� lave or in cifuiiy.
§ 205-5. Variance procedures.
The Zonirig hoard of Appeads estahlidwol pummml to (:Trapter '270, Zoning, of the Town r:A'
Ithaca Code may grant variances from the appfication of this chapter upon tile fifllowing
condithriw
A. Any variance shall be prospeorrive in its apWbmkm and shall not relive any person f1rolli
the fines and penalties for violating this chapter by conditions that existed prior to the
granting, of'the variance.
B. An apMication for a variance shall be submhted to the Building and Code Fjif"orccinctit
Deparimm in a fimm mtstamiaHy hdicaOng the nante and owncr of tile real property,
the nature of the ctmulRion IN whicli a variance waiver is sought, and the reasons for
which a variance is sought,
(h Ile apfflivant Quill pay than Town the sm-ne the as tNt set JAmn time a) time by Umn
Board resolution ron, appCafs to tile zonuig, 1.3oard of' Appeals for arca variances fi-om
;wnhg rquirerrierds,
DFhe Zoning Board of Appeals shall hold as pubic lwarhg on the apphcmkmi and shall
publish legal notice of said public hear-ing at least five (lays prior to its (late. The Zoning
Board or Appeals nmkc of Ad applicatzim shall also be given to aN landowners owning
propcily adjoining the pr(ptrty for which as variance is sought. rhe Zoning Bcoan-d of
Appeals Wice that at variance is sought shall also be posted on the pmpemy in
accordance with dw Poslirn; pnwisions of§ 2711237 of the Town of Ithaca Cocle,
E. Ile Zoning Boad ol'Appeals may gmnt a varimee if it determines that the benefit to the
applicant, if the variance is granted, outweyhs the cleVitnon to the health, safety and
welbre of the neighborhmd or umni-nully by such grant, In making such desmAnation
the BomA may c(msider, among other nmUem:
(1) Whether an undeskabb cNmge will be pnWmcd hi he chmmoer of the
ncQhborhood or a detriment to nearby properties will he created by the gnanting of'
the vadancc;
205:8 u) -01 -,2011
§ 205-5 PROPERTY MAINTENANCE § 205-5
(2) Whether the benefits sought by the applicant can be achieved by some method,
feasible for the applicant to pursue, other than a variance;
(3) Whether the requested variance is substantial;
(4) Whether the requested variance will have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or zoning district;
(5) Whether the alleged difficulty was self-created, which consideration shall be
relevant to the decision of the Zoning Board of Appeals but shall not necessarily
preclude the granting of the variance;
(6) Whether the compliance order can or will substantially interfere with the use or
enjoyment of the real property;
(7) Whether granting the variance would be in keeping with the intent and spirit of
this chapter and is in the best interests of the community; and
(8) Whether there are special circumstances involved in the particular case, and such
circumstances are recited in the ininutes.
F. The Zoning Board of Appeals, if it chooses to grant the variance, shall grant the
minimum degree of variance as it shall deem necessary and adequate and at the same
time preserve and protect the character of the neighborhood and the health, safety, and
welfare of the community.
�! G. The Zoning Board of Appeals shall, in the granting of such variance, have the authority
to impose such reasonable conditions and restrictions as are directly related to and
incidental to the proposed use of the property and/or the period of time such variance
shall be in effect. Such conditions may include a time limit on the variance, including a
time variance related to the occupancy of the premises by the applicant. Such conditions
shall be consistent with the spirit and intent of this chapter, and shall be imposed for the
purpose of minimizing any adverse impact such variance may have on the neighborhood
or community.
H. All procedures relating to applications for, hearings upon, determinations upon, and all
other related procedural matters pertaining to variances, shall be in accordance with the
procedures outlined for area variances in New York Town Law Article 16 and Chapter
270 of the Town of Ithaca Code, except to the extent expressly provided otherwise herein
or superseded hereby. To the extent not so provided, any other procedure shall be
administratively adopted by the Zoning Board of Appeals, approved by the Town Board,
and published in the official Minutes of the Town Board of the Town of Ithaca.
I. The actions and determinations of the Town of Ithaca, the Zoning Board of Appeals, the
Town Board, and the Code Enforcement Officer, as referenced in this chapter, shall be
deemed final determinations for purposes of Article 78 of the New York Civil Practice
Laws and Rules (CPLR). Notwithstanding this, standing under said Article 78 of the
CPLR shall only be appropriate after the exhaustion of any administrative reviews and/or
appeals as provided for in this chapter.
1
205:9 10-01-2011
§ 250-16 VEHICLES AND TRAFFIC § 250-16
y - Abby Road, during the period from 11:00 p.m. to 6:00 a.m. daily from May 1
through September 30 of each year.
(15) On both sides of Pleasant Grove Road from the Village of Cayuga Heights line to
the intersection with Forest Home Drive (Route 392).
(I6) On both sides of Pine Tree Road from Route 366 southerly to the railroad
overpass.
(17) On the south side of Roat Street running westerly from Blackstone Avenue to the
terminus of Roat Street, during the hours of 1:00 a.m. to 6:00 a.m. daily.
(18) On both sides of Sharlene Drive from Snyder Hill Road to Eastern Heights Drive
during the hours of 1:00 a.m. to 6:00 a.m. daily.
(19) On both sides of Snyder Hill Road from the Town of Dryden line to the
intersection with Pine Tree Road.
(20) On both sides of Winthrop Drive from the easterly entrance to the Northeast
School parking lot northerly and westerly to the westerly entrance to the Northeast
School parking lot and on the northerly side of Winthrop Drive from the westerly
entrance to the Northeast School parking lot westerly to the intersection of
Winthrop Drive and Brandywine Road.
(21) On both sides of Pennsylvania Avenue from the City of Ithaca line southeast and
east approximately 2075 feet to the intersection of the west line of the unopened
paper street known as "Maryland Avenue" projected southerly across the full width
of Pennsylvania Avenue, which intersection is also the east line of Town of Ithaca
Tax Parcel Number 54.-6-7 projected southerly across the full width of
Pennsylvania Avenue. [Added 4-12-2004]
(22) On both sides of Kendall Avenue from its intersection with Pennsylvania Avenue
southeast approximately 2100 feet to its intersection with a line drawn south
southwesterly from the southwest corner of Town of Ithaca Tax Parcel Number
54.-4-19 to the northwest corner of Town of Ithaca Tax Parcel Number 54.-5-25.
[Added 4-12-2004]
(23) On both sides of Clover Lane for its entire length. [Added 1-10-2005 by L.L.No.
1-2005]
(24) On both sides of Troy Road from the intersection of Troy Road with King Road
East to a point 1,500 feet north of the center Iine of King Road East. [Added
12-7--2009 by L.L. No. 16-20091
(25) On the north side of King Road East from the intersection of King Road East and
Troy Road to a point 700 feet west of the center line of Troy Road. [Added
12-7-2009 by L.L. No. 16-20091
(26) On both sides of Sand Bank Road from the intersection of NYS Route 13 with
Sand Bank Road to a point 1,400 feet east of the center line of NYS Route 13.
[Added 7-11-2011 by L.L. No. 8-20111
250:7 10-01 -2011
§ 250-17 ITHACA CODE § 250-21
§250-17. Stopping of motor vehicles. [Amended 4-12-2010 by L.L. No. 2-20101
Where stopping is prohibited by this article, no person shall stop, stand or park a vehicle,
whether occupied or not, except when necessary to avoid conflict with other traffic or in
compliance with the directions of a police officer or traffic control sign or signal. The
stopping of motor vehicles is prohibited in the following locations:
A. Buttermilk Falls Road West in its entirety.
B. Buttermilk Falls Road East in its entirety.
C. On both sides of Winthrop Drive within 125 feet of the northwesterly and southeasterly
sides of the crosswalk that has a center line located approximately 1,068 feet easterly of
the intersection of Winthrop Drive and the center line of Brandywine Drive.
§ 250-18. Stop signs.
The intersections enumerated on Schedule A annexed hereto are designated as stop
intersections and stop signs are ordered installed at the entrance to such intersections as set
forth on Schedule A.
§250-19. Yield signs.
The intersections set forth on the annexed Schedule B are designated as yield intersections
and yield signs are ordered installed at entrances to such intersections as set forth on Schedule
B. ,� 1
i
§250-20. Penalties for offenses.
A. Any violations of §§ 250-I0 and 250-11 shall constitute a traffic infraction and any
persons violating the same shall be deemed guilty of a traffic infraction and shall be
punishable by a fine of not more than $50 or by imprisonment for not more than 15 days
or by both such fine and imprisonment.
B. Failure to observe the signs erected in accordance with § 250-12 or 250-13 shall be
treated as a traffic infraction and shall be punished as set forth in the Vehicle and Traffic
Law of the State of New York.
§250-21. Authority to impound vehicles.
A. Any vehicle parked or abandoned on any highway within the Town of Ithaca that hinders
or impairs the ability of the personnel of the Town of Ithaca, or any other governmental
agency, to respond to a snowstorm, flood, fire or other occurrence to which a prompt
response is necessary or desirable, may be removed by the Town of Ithaca.
B. Any vehicle found unattended on any highway within the Town of Ithaca which
constitutes an obstruction to traffic may be removed by the Town of Ithaca.
250:8 10-01 -2011
ZONING
- § 270-166. Minimum usable open § 270-187. Waiver of requirements.
l
space. § 270-188. Considerations for approval.
§ 270-167. Size and area of lot. § 270-189, Limitations on construction.
§ 270-168. Parking. § 270-190. Reservation of parkland on
§ 270-169. Additional special site plans containing
requirements. residential units.
§ 270-170. Performance standards. § 270-191. Modifications of site plans.
§ 270-171. Site plan approval. § 270-192. Letter of credit.
§ 270-193. Completion of
ARTICLE XXI improvements.
Planned Development Zones § 270-194. Expiration of site plan
§ 270-172. Purpose. approval.
§ 270-173. Establishment and location. ARTICLE XXIV
§ 270-174. Permitted principal and Special Permits and Special Approvals
accessory uses.
§ 270-175. Additional requirements. § 270-195. Purpose.
§ 270-176. Minimum area for Planned § 270-196. Requirement preceding
Development Zone. issuance of building permit
§ 270-177. Yard and other regulations. or certificate of occupancy.
`- § 270-178. Site plan approval. § 270-197. Applicability.
§ 270-198. Procedure.
ARTICLE XXII § 270-199. Waiver of requirements.
Procedures for Creation of New Zones § 270-200. Considerations for approval.
§ 270-201. Modifications of special
§ 270-179. Zones to which applicable. permits or special approvals.
§ 270-180. General provisions. § 270-202. Expiration of special permit
§ 270-181. Procedures for creation of a or special approval.
zone.
ARTICLE XXV
ARTICLE XXIII Nonconforming Uses
Site Plan Review and Approval
Procedures § 270-203. Nonconforming lots of
record.
§ 270-182. Purpose. § 270-204. Nonconforming uses of land.
§ 270-183. Site plan required prior to § 270-205. Nonconforming structures.
building permit or
§
certificate r occupancy. 270-206. Nonconforming uses of
structures.
§ 270-184. Applicability.
§ 270-207. Interruption of
§ 270-185. Procedure. nonconforming use.
§ 270-186. Site plan requirements.
i I
270:5 l0-01-2011
YTHACIA CODE
§ 270-208. Dwellings on nonconforming
§ 270-223. Fvnees and walls; retaining
lots. Ivalls.
I
§ 270-209. Continuation of' § 270-223.1. Terraces, steps, and
coils truction. unroofed structures.
§ 270-210. Alterations hi use. § 2,70-224. Projections in yards.
§ 270-211. Restoration. § 270-.225. Reduction of lot area.
§ 270-211 Board of Appeals § 270-226. More than one building on a
deternlinatiom lot.
§ 270-213. Variance criteria. § 270-227. Parking facilifies.
§ 270-214. Amortization of certain § 270-228. Approval of CIoonty flealth
nonconforming uses relating Department.
to pre-1991 residential § 270-229. Abandoned cellar boles and
OCCUI)AnCieN. buildings.
§ 270-214.1. Nonconforming f4runs in § 270-230. Agricultural lands in
Medium Density Residential
Co
Zones. unty Agricultural
Districts.
ARTIC11" XXVI § 270-2�30.1. C.onipliance with property
Special Regulations maintenance requirements,
§ 27t1-21 Mobile homes and trailers, Al�TJCLF XXVIII
Administration
§ 270-216. F.Ider cottages,
§ 270-217. Extraction or deposit of fill § 270-231. Enforcement.
and related products. § 270-232. Applications for approN-als,
§ 270-218. Limitations oil vehicle remedies or relief.
repair garages and gasoline § 270-233. Permit to build.
Sales stations.
§ 270-219. § 271E-234. Certificate of occupancy.
facilities. § 270-235. Zoning Board of Appeals.
§ 270-219.1. Solar collectors and § 270-236. Planning Board.
installations. § 2,70-237. Posting of notices.
§ 270-219.2. Limitations oil home § 270-238. Entry and inspection.
occupations. § 2,70-239. Violations and penalties.
§ 270-219.3. Ania(enr radio facilities. § 270-240. Amendments.
§ 270-219.4. Small Nvind eivergy facilities. § 270-241. Validity.
ARTICLE' XXV11 § 270-242. Existing Zoning Ordinance
General Provisions amendeld, readopted all(]
reenacted.
§ 270-220. Building floor area. § 270-243. Fees.
§ 270 221'. Side yard oil corner lot. § 270-244. Effective (late.
§ 270-222. Porches and carports.
270;6 10 -01 -2011,
ZONING
r ' , §270-245. Transition provisions.
[HISTORY: Adopted by the Town Board of the Town of Ithaca 12-8.2003 by L.L. No.
7-2003. Amendments noted where applicable.]
270:6.1 io-of-zott
§ 270-5 ZONING § 270-5
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. [Added 11-9-2009 by L.L. No. 14-20091
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. [Added
7-11-2011 by L.L. No. 10-20111
GARAGE— A covered building used primarily for storage of automobiles and other similar
motor vehicles.
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. [Added 10-19-2009 by L.L. No.
13-20091
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. [Amended 7-13-2009 by L.L. No. 10-20091
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.
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
l
270:15 10-01-2011
§ 270-5 ITHACA CODE § 270-5
building to the highest point of the roof, excluding chimneys, antennae and other similar {
protuberances.
HOME OCCUPATION— [Amended 2-12-2007 by L.L. No. 1-20071
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 Iicensed by the State of New York for such
purposes. [Amended 6-12-2006 by L.L. No. 9-20061
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.
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. [Amended 1-9-2006 by L.L. No. 1-20061
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.
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
t
270:16 10-01 -2011
`; .4.
§ 270-5 ZONING § 270-5
boats and marine equipment; and/or provisions for boat access to the lake. [Amended
7-13-2009 by L.L. No. 10-20091
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 Iocation 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. [Amended 7-11-2011 by L.L. No. 10-20111
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.
270:17 10-01-2011
§ 270-5 ITHACA CODE § 270-5
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.
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.
[Added 7-13-2009 by L.L. No. 10-2009]
MULTIPLE-FAMILY DWELLING — A building or group of buildings on one lot
containing three or'more dwelling units.
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 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.
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.
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. [Added 7-13-2009 by L.L. No. 10-20091
ORDINARY HIGH WATER LINE — The Iine on the shore established by the fluctuations
of water and indicated by physical characteristics such as a clear, natural line impressed on
the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the
presence of litter and debris, or other appropriate means that consider the characteristics of the
surrounding areas. [Added 9-10-2007 by L.L. No. 8-20071
PARKING SPACE— An area for the temporary parking of a motor vehicle 180 square feet
in size exclusive of the parking Iot circulation areas.
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
270:18 10-01 -2011
§ 270-5 ZONING § 270-5
safety training on the hazards involved. Persons who are on the list of eligible photovoltaic
installers maintained by the New York State Energy Research and Development Authority
(NYSERDA), or who are certified as a solar installer by the North American Board of
Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for
the purposes of this definition. Persons who are not on NYSERDA's list of eligible installers
or NABCEP's list of certified installers may be deemed to be qualified solar installers if the
Town determines such persons have had adequate training to determine the degree and extent
of the hazard and the personal protective equipment and job planning necessary to perform the
installation safely. Such training shall include the proper use of special precautionary
techniques and personal protective equipment, as well as the skills and techniques necessary
to distinguish exposed energized parts from other parts of electrical equipment and to
determine the nominal voltage of exposed live parts. [Added 10-16-2006 by L.L. No.
11-2006]
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 skiIIs and
techniques necessary to safely install wind energy components such as towers, inverters, and
electrical wiring, to distinguish exposed energized parts from other parts of electrical
equipment, and to determine the nominal voltage of exposed live parts. [Added 8-11-2008
by L.L. No. 13-2008]
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. [Added 11-9-2009 by L.L. No. 14-20091
SEA WALL — A wall or embankment designed to halt the encroachment of a water body.
[Added 7-13-2009 by L.L. No. 10-2009]
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.
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 Iot, that supplies power primarily to structures on an adjacent lot. [Added 8-11-2008
by L.L. No. 13-20081
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. [Added 10-16-2006 by L.L. No. 11-20061
270:19 10-01-2011
§ 270-5 ITHACA CODE § 270-5
SOLAR STORAGE BATTERY — A device that stores energy from the sun and makes it
available in an electrical form. [Added 10-16-2006 by L.L. No. 11-20061
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.
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: [Added 10-19-2009 by L.L. No. 13-20091
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 Ievel at any point.
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
270:20 10-01 -2011
§ 270-5 ZONING § 270-5
yw�l 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 fedcral laws. Such uses shall include private commercial uses as well as public uses. A
telecommunications facility shall include monopole, guyed, or latticework tower(s), as well as
antenna(s), switching stations, principal and accessory telecommunications equipment and
supporting masts, wires, structures and buildings. [Amended 5-9-2005 by L.L. No. 5-20051
TWO-FAMILY DWELLING— A detached building containing two dwelling units.
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. [Added 11-9-2009 by L.L. No. 14-20091
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. [Added 7-13-2009 by L.L. No. 10-2009]
WATERSIDE— The lake side of the ordinary high water line. [Added 7-13-2009 by L.L.
No. 10-2009]
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. [Added 8-11-2008 by
L.L.No. 13-2008]
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. [Amended 8-13-2007 by L.L.No. 6-20071
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. [Amended 8-13-2007 by L.L. No. 6-20071
YARD, SIDE— The yard between the principal building and a side lot line, but excluding a
front yard or rear yard. [Amended 8-13-2007 by L.L. No. 6-2007]
270:21 10-01 -2011
270-6 ITI I AC A (11'0 1)E § 270-(i
Establishment of Zones
§ 270-6. Enumeration of zones.
A. F'or the purpose of this chq)ter the Fown of Ithaca is hereby divided into the folloxviilg
types of zones (also sometimes hereinafter referred to as "districts"): [Amended
8-1-2005 by L.L. No. 7-2005, 1-4-2011 by L.L. No. I-20111(
C I onservation Zones
Agricultural 7.ones
Lakefront Residential Zones
Low Density Residential Zones
Mcdiurn Density Residcinial Zones
High Density Residential Zones
Mob0c Honic Park Zone,,
Multiple Residence Zones
Nei
ghborhood Commercial h'.)nes
Office Park (.7onnnercial Zones
C,onirnunity (.17ommucial /,ones
Vchicle Fueling and Rcpair ommercial Zones
Lakefront Conuriercial (ones,
Light Industrial /ones
Industrial Zones
Pkinned I)cv,dopment Zones
Areas ol'Special Flood Hazard
Special Land Use Districts (Limited Mixed Use) - In accordance with and pursku.nvt to
Law No. 2-1984
Special Land Use District No. I In UCOI'dal)CC With alld J)Umlallf to Local Law No
3-1981 JWiggins]
Special Land Ilse District No. 2 In accordance with and pursuant to [_,ascan No.
4-1984 [Sapsucker Woodsl
Spccial Land Ilse District No. 3 (Limited Mixed Use) - In accordance with and purSMU)t
to Local Law No. 4-1986 1 Biggs Complex]
Special Land Use District No, 4 (Limited Mixed Use) - In accordance with and pursuant
to Local Law No. 1-1987 as amended by Local La", Nc). 2-2002 [Statler West]
Special Land Use District No. 5 (Limited Mixed L.)se) - In accordance with and pur.1,5'mant
to Local Law No. 2-1988 [Chamber of'Cornivercel
Special 1..,andl Use District No. 7 (Limited Mixed Use) - In accordance with and pursmant
to 1,ocal Law No1-1994 j1diacarel
Special Land Use District No, 8 (Limited Mixed Use) - In accordance with and pursaiant
to Local Law Odea. 1-1995 as arnended, by Local Law No. 4-2001 fEcovillage]
270:22 10 -01 - 2011
§ 270-6 ZONING § 270-8
Special Land Use District No. 9 (Limited Mixed Use) - In accordance with and pursuant
to Local Law No. 14-1995 [Cornell Precinct 71
Special Land Use District No. 10 (Limited Mixed Use) - In accordance with and
pursuant to Local Law No. 6-1998 [Sterling House/Sterling Cottage]
Special Land Use District No. I1 (Limited Mixed Use) - In accordance with and
pursuant to Local Law No. 7-1998 [Cornell Chilled Water Plant]
Planned Development Zone No. 12 - In accordance with and pursuant to Local Law No.
8-2005 [South Hill Business Campus]
Planned Development Zone No. 13 - In accordance with and pursuant to Local Law No.
1-2011 [Belle Sherman Cottages] [Added 1-4-2011 by L.L. No. 1-20111
Planned Development Zone No. 14 - In accordance with and pursuant to Local Law No.
I lof 2011 [Ithaca Beer Company] [Added 8-8-2011 by L.L. No. 11-2011]
B. Said districts are set forth on the map accompanying this chapter, Town of Ithaca Zoning
Map (the "Zoning Map"), dated August 25, 2003, and signed by the Town Clerk. Said
map and all explanatory matter thereon and amendments thereto are hereby made a part
of this chapter.,
§ 270-7. Continuation of special land use districts. z
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.
§ 270-8. 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
Iines, 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.
1. Editoes Note: A copy or the Zoning Map may be included in the pocket at the end of this volume.The current and
official Zoning Map is on file in the Town offices.
2. Editor's Note:See also Ch.271,Zoning:Special Land Use Districts.
270:22.1 10-01-2011
§ 270-8 ITHACA CODE § 270-10
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 Iocated 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.
§ 270-9. 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.
ARTICLE V
Conservation Zones
§ 270-10. Purpose.
A. It is the purpose of the Conservation Zone to preserve the outstanding natural features in
certain areas of the Town, as described in the Town of Ithaca Comprehensive Plan, as
amended from time to time, and to provide a regulatory framework through which
development can occur with minimal environmental impact in these areas. Among the
natural values and ecological importance of these areas are their diversity as a plant and
wildlife habitat, their existence as biological corridors, their importance for natural
drainage features, their scenic views and rural character, and their importance as an
educational and recreational resource. In addition, certain lands in the Conservation
Zones contain large areas of steep slopes, wetlands, highly erodible or poorly drained
270:22.2 to-oz -zags
§ 270-10 ZONING § 270-10
soils and, in one instance, the City of Ithaca water supply, which must be taken into
consideration in planning for future development. [Amended 1-11-2010 by L.L. No.
1-2010]
B. It is a further purpose of the Conservation Zone to preserve existing areas of contiguous
open space, prevent unnecessary destruction of woodland areas, preserve natural
stormwater retention and water quality functions, preserve existing and potential
agricultural land and promote appropriate development densities and flexibility of design
and development of land. Developers should be encouraged to use mechanisms to
accomplish these objectives. Such mechanisms could include enlarged buffer areas,
conservation easements, deed restrictions, and public or semipublic land dedications.
[Amended 1-11-2010 by L.L. No. 1-20101
C. Certain of the areas included in Conservation Zones, in recognition of their natural and
ecological significance, have been designated by the Tompkins County Environmental
Management Council as Unique Natural Areas. It is. a further purpose of this
Conservation Zone to preserve the natural resources and scenic beauty of the areas to
promote tourism as an important economic benefit to the Town of Ithaca.
270:22.3 10-01-2011
§ 270-I42.7 ZONING § 270-144
C. Side yards: None required with respect to buildings all on the same lot, but not less than
I5 feet from any structure to a side property line, except that in one of the side yards a
one-story garage, either attached to the principal building or separate therefrom, may be
I0 feet from a side Iine which is not a street line.
D. Accessory buildings: Accessory buildings other than garages may not occupy any open
space other than a rear yard. Accessory buildings, in the aggregate, may occupy not more
than 40% of any required rear yard and, if other than a garage, shall be not less than
three feet from any side or rear Iot line. Any accessory building on a corner Iot shall not
be less than five feet from the rear lot line.
§ 270-142.8. Additional special requirements.
In addition to the additional special requirements in § 270-122, the following additional
special requirements shall also apply in the Limited Historic Commercial Zone:
A. Where the requirements in this article conflict with requirements in other sections of this
chapter, the requirements in this article shall prevail in their applicability to a Limited
Historic Commercial Zone.
B. Building conversions, alterations, additions, reconstructions, repairs, signs, and other site
elements shall be compatible with the historic and architectural character of the buildings
or structures that have been designated or identified as having historic significance as
outlined in § 270-142.3 of this article. This requirement shall apply to the exteriors of
buildings, structures and site elements, not to their interiors.
ARTICLE XIX
Light Industrial Zones
§ 270-143. Purpose.
The purpose of the Light Industrial Zone is to permit, where appropriate, the construction of
research and development oriented industries, high technology enterprises, light manufacturing
facilities, and other moderately intensive industrial activities which would not generally be
appropriate in residential areas but which may not require the same level of separation from
residential areas as more intensive industrial uses. Areas may be zoned as a Light Industrial
Zone by the Town Board or upon application for a specific proposal, all in accordance with
the normal rezoning procedures. Generally, such rezoning will be permitted only in areas
where public water and sanitary facilities are available, where public transportation may be
readily available, and where other resources and facilities that complement multiple light
industrial uses are found. In reaching its decision on whether to rezone to a Light Industrial
Zone, the Town Board shall consider the general criteria set forth in this chapter, the most
current Comprehensive or Master Plan for the Town, and this statement of purpose.
§270-144. Permitted principal uses.
Only the following buildings or uses are permitted of right in a Light Industrial Zone:
270:82.3 10-01-2011
§ 270-144 1111 A CA CI 0L)F § 270-145
A. Business, administrative of, profiesslonal offices.
13, Industr-ial uscs eniploying, electric power or other motor powcr, or utilizing Nind labor,
for fabrication or asscinbly. jAniended 7-11-2011 by L.L. No. 10-20111
C, Indoor warChOLISilIg alld indoor storage r'ncludlng self'-sm/we storage fiacilihies,
D. Print in,-, publishing and bookbinding,
I�, Research aaracl dcvelopmCnt filcilitics utilizing 4,41"icc spaces, indoor scientific laborato6es,
and other simitar indoor sp,,ices.
F. Amatcur radio fiacilities, sub.jcct to (Ile Ifillitatiolls oil amateur radio lacifin
ties set forth i
§ 270-2193. jAdded 8-13-2007 by L.L. No. 7-20071
G, Small wind energy facilitics, sub'lect to tile firnitations on sm,,�.Ilf wind: energy fiacilities set
forth in § 270-2 1 9A jAdded 8-11-2008 by L.L. No. 13-20081
§ 270-145. Adult entertainment uses authorized by special approval only.
Adult entertainment businesses are permitted in certain Light Industriai Zones, lout 0111\/ UJ)011
receipt of a Special approval t6r saim from the Roard of Appeals in accol-dance wit'h the
procedures set fin-th in this chapter after ree6pt ol'a favorable reconanendation for sarne from,
the Pkinrung Board, and only upon tile Conditions set for-111 bdow
Al Aduit ciito-tainnient businessCS are IMIT'litIC(I Ofll)r ill thOSC LTIllt IlKhAS11-4,11 DiStriCtS
which actgoin a State I fighway (e.g_ Ne\%,, York State R(A.ItC I
B. The Board of Appeals, after Cavorable recon-mviendation cal' the Planning Roard, grants a
special approvat for same in accordance with the provisions (it' Arlicle `ti ll', Special
Perrnits and Sficcial Approvals, of this Chapter utilizing the criteria set f6rth or rel'errod to
61 said article for the granfing of as special approval.
C The building in which the business is conducted, and tile related parking areas, are
located at feast 150 feet fi-om any highway right-of-way line, at least 280 fect From the
boundary of any otho- zoning distr,icl, and at least 280 I'm from any public park, school,
or. church, For this purpose, the Finger Lakes I rail is considered a public park, all(] (lie
boundaries of such trail are deemed to be the fines can each side of the culter line that are
parallel to, and 20 teet from, the center line of the trail.
11 Thc, building and 10t Upon which It is located comply in all other respects with (lie
requircitienis set forth hi the provisions olthis article governing Light Industrial Zones,
except as modified by this section and with the following Further exceptions:
(1) if' tile type of adult entertainment business is one specified in§ 270-227 the
MillirlIM11 parking requirements shall be those set tbrih it) such section for that type
of structure (e.g., ifflIC adult entertainment businm,, is a thuiter, there shall be ogle
Imarking space t6r each five seats).
(2) It" tile type of' adult entertaitillient business is not one specified in § 270-227 the
minimurri parking, requirement shall be 300 square feet of parking area, including
270:82.4 10 -Of -2011
§ 270--230 Z(-)NING 270-230I,1
(1) Such mobile home shall be plivsically huated within a County Agricultura I
District.
(2) It' amore than ow-le mobile himic is to be located on a flarm. no htlilding permit shall
be issued 11or such second or additional mobile home unless the proposed mobile
honk is, shc1ml on, and located in accordance with, a site I)Lin approved pill-SUarn
to they provisions of Article XXXL
3) Such mobile honIc shall only be used in connection with the operation of' a I'arril
mid sharp be leascd to, or occnpie(l by, only persons who are, or f*kindlics at least
one, inember of which is,, crriployed by the farm operator- operating the lands oil
w,hich the mc)bile honk is located
(4 fit CMIdUdilIg 111C Site f)1,111 review, in addition to any other authority granted the
Thinning Board by this chapter, the Board is aluthorized to reducc dic unnirtUrn lot
si/c from that otherwise required by the lerms of this chapter to the Millin)LIM
permitted by the Tompkins County 11calih Department, if' on-site sel')tic systerns
are k) be used., or 15,000 square leel, whichever is larger.
(5) The fitrin labor honie shall be SLII!),lCCt to the same residential setback and calier
Yard reclurrernents ol,the zone ill Which the same is locatccl.
(6) Flic provisions prohibiting more thall one principal building on I lot are waived for
J'arni labor homes itr a County Agricultural District.
g
(7) Such inol.ii1c hoil'ic shall be removed if' not utilized for housing farill laborers for
Ifirce or rnore successive years, or it' (lie property on Nvlticfi the mobile home, is
located ccascs to lie as Tarin operation l'or ,,i pco-iod of'three or more years.
(8) Any site plan approval granted LHICICT this SCCO011 Shall be fim- zi period requested by
the applicant, but in no event, longer than five years, provided that the same shall
be renewed for addilional periods of kip to five years each upon application of'the
Carm operalor it' the Conditions relating to the granting of the initial site plan
approval still exist.
1"3, For the purpose of this section, the terns "land used in agricultUrcll pri,xitiction" shall have
the same incaning as set forth in Al-I' alld Vlarkets Law § 301 (4) or any
rel"Aaccurent 01SUCCIessOr statute.
§
2711-2311.1. Compliance with property maintenance requirements. [Added 6-13-2011 by
LL. No. 6-20111
All, lots in all zones within the Town of 111mca must Qomply %ith Chapter 205, filled "Property
Maintularicc," of'the Town of Ithaca Code. To the extent an express provision applicable to a
specific zone set forth in this Chapter 270 conflicts with as provision in Chapter 205, the
express provision in Chapter 270 shall govern, but all other provisions ol:' Ckipter 205 shall
apply.
2701 133 10-Ot - 2011
§270-231 ITHACA CODE § 270-235
ARTICLE XXVIII
Administration
§270-231. Enforcement.
This chapter shall be enforced by the Director of Building and Zoning or any other person
designated by the Town Board, and duly appointed deputies, all herein collectively referred to
from time to time as the Code Enforcement Officer.
§ 270-232. Applications for approvals, remedies or relief:
Every applicant for any approval, remedy or any other relief under this article or any other
article of this Zoning Chapter shall disclose the information required by § 809 of the General
Municipal Law.
§ 270-233. Permit to build. [Amended 12-29-2006 by L.L. No. 16-20061
A. No person, firm, corporation, association or other organization shall commence the
erection, construction, enlargement, alteration, improvement, repair, removal, or
demolition of any building or structure (including signs, except as specified in Chapter
221, Signs, of the Code of the Town of Ithaca), nor install heating equipment, nor
undertake any other work which must conform to New York State's Uniform Fire
Prevention and Building Code, without having applied for and obtained a building permit
from a Code Enforcement Officer pursuant to Chapter 125 of the Code of the Town of r .
Ithaca. Notwithstanding the foregoing, no building permit shall be required under those
circumstances specified in § 1254A of the Code of the Town of Ithaca for which no
building permit is required.
B. No permit to build shall be issued except pursuant to written order of the Board of
Appeals, where the proposed construction, alteration, or use would be in violation of any
provision of this chapter.
§270-234. Certificate of occupancy. [Amended 12-29-2006 by L.L. No. 16-20061
A certificate of occupancy shall be required for all work and other circumstances specified in
§ 125-7 of the Code of the Town of Ithaca.
§ 270-235. Zoning Board of Appeals.
There is hereby established a Zoning Board of Appeals which shall function in the manner
prescribed by law (except as the same may be superseded by the terms of this chapter as set
forth below).
A. Membership.
(I) There shall be five members of the Zoning Board of Appeals. The members of the
Zoning Board of Appeals shall be residents of the Town of Ithaca and shall be
appointed by the Town Board to serve for terms as prescribed by law. Vacancies
a
270:134 10-01-2011
§ 270-235 ZONING § 270-235
occurring in said Board by expiration of term or otherwise shall be filled in the
same manner. No person who is a member of the Town Board shall be eligible for
membership on the Zoning Board of Appeals.
(2) Alternate members. [Amended 11-13-2006 by L.L. No. 14-20061
(a) There may be appointed additionally up to two alternate members of the
Zoning Board of Appeals. Alternate members shall be appointed by
resolution of the Town Board for terms established by the Town Board.
270:134.1 10-01-2011
Chapter 271
ZONING: SPECIAL LAND USE DISTRICTS
§ 271-1. Special regulations applicable § 271-9. Special Land Use District No. 8
to stated special land use (Limited Mixed Use,
districts. EcoVillage).
§ 271-2. Special Land Use Districts: § 271-10. Special Land Use District No. 9
Limited Mixed Use. (Limited Mixed Use, Cornell
§ 271.3. Special Land Use District No. 1 Precinct 7).
(Wiggins). § 271-11. Special Land Use District No.
§ 271-4. Special Land Use District No.2 10 (Limited Mixed Use,
(Sapsucker Woods). Sterling House/Sterling
§ 271-5. Special Land Use District No.3 Cottage).
(Limited Mixed Use, Biggs § 271-12• Special Land Use District No.
Complex). 11 (Limited Mixed Use, Cornell
§ 271-6. Special Land Use District No. 4 Chilled Water Plant).
(Limited Mixed Use, Statler § 271-13. Planned Development Zone No.
West). 12.
§ 271-7. Special Land Use District No. 5 § 271-14. Planned Development Zone No.
(Limited Mixed Use, Chamber 13 (Belle Sherman Cottages).
of Commerce). § 271-15. Planned Development Zone No.
§ 271-8. Planned Development Zone No. 14 (Limited Mixed Use, Ithaca
7 (Limited Mixed Use, Beer Company).
Ithacare).
[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.
§ 271-1. Special regulations applicable to stated special land use districts. [Added
7-12-2004 by L.L. No. 7-20041
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.
271:1 Ia-01-2011
§ 271-2 ITI I A(_"A CO 1)[; § 271-2
§ 271-2. Special Land Use DiSfi-iicts: Liftlited Mixed Use. ('Adopted F*-13-1984 by L.L
Nit. 2-119841
A. This section amends, Section I of`Article 11 (:A'the Town offthaca Zoning Ordinance, by
adding to the list of permissible districts which Inay be designated ,,is Special Land Use
District (1,imited Miuxl Use).
13, 1111C uses permitted in such district will be such as c(mibin,,ition ofthe uses perjrlijlQ(f 111 41
r
es 1'denfi�aI and agricultural district and in Business Districts A, 11, and F as Orc f(,)wIl
Board may permit, The diverse Uses must be combined in as unified plan.
The esuiblishmera of any stich district shall lie in the sole discretion of the. Town Ronrd,
as .a legislative body. It shall be established by amellding the Aming Ordina lice to Permit
succi establishnient, fr'he enactnicilt and est�-Ibhshnrervt of such a district shall be a
legislative ,let, No owner of Lind or other person having Garr Interest in land shall he
entitled as a inatter ofright tea the ellactiTicrit or establishincni ofany such dktriCt.
11 The provisions of (tie Zoning (.)rdinarice and Pkmning Board Regulations, ars they niay be
amended from time to time, and any other regulations, orders, rules and resolutions shall
apply to the establishment of any such districtfit addition, the Town Board may impose
such conditions arid restrictions gt)vcrr6ng thc establisfinient and regulating file use of
land in any Such district aas [tie Tom) l3oard deems necessary and desirable.
F. Subliect to the provisions below, the procedures p?,overmng ain application for site plan
approval as provided in Scction 46 mid 46(a)� shall apply cxcept th,,w jAntended
6-9'-19 6 by L.L. No. 3-198(ij
I Bef6re submitting as general site plan to the Planning Board, Ifte applicant shall
subt-iiii the general site plan to the Town Hoard.
(2) The Town Board, in its discretion may require additional information, may refer
the matter to, the Plaanninp Board for recd nrmen&it'
on, or rnay establish as ptIf.flic
hearing date oil the; proposed district.
(.3 j No applicafion for the establishment of' any such district shall be reli.srrecl to the
Planning Board except by the fourt Boa •d.
(4 The Town Board may inipose other procedund rtxittirerricurts with respect to any
application, or with respect to a specific application as the Town Board rtraIy deer)
trccesstiry and clesirable,
1, Projects such as the Wiggins "La Tourck" Project, the Rocco Lticentc Sapsucker %,)ods
Proliect and the Lake Shore West Pro ave been in the process of being
Project which ll
revievved by, file Town Board all(] the Planning Board shall be dcuned to have been
referred to, the Planning Board all(] the Town Roard may amend the Zoning Law to:
—--------------
a. Editor's Note- Nunfl)ering i-efers to the Zoning, Ordinance is it rxisted In 1984, whem this, weetj()n was ad(,opte(j. Sea
HOW§2704,
1 Editor's Note: Numbering refers to the Zoating Ordinance as it existed in 1:984, when this svoion was adopted and
aniendeiL
271:2 10-0 1 - 20111
§ 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9
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: [Added 9-10-2001 by L.L. No. 4-20011
(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. [Amended 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. 7-20111
(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:
/r'\
l
271:27 10-01-2011
§ 271-9 ITHACA CODE § 271-9
[l] 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
Ordinancc20 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.
(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.21 Usual farm buildings are permitted,
provided that: [Amended 9-10-2001 by L.L. No. 4-2001]
(a) Any building in which farm animals are kept shall be at least 100 feet from Y
any dwelling or community center and any street right of way, and if
subdivision approval is obtained, at Ieast 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.
(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 Iocated a minimum of 15 feet from the
street Iine, 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.
20. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 1995,when this section was adopted.
21. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 2001,when this section was amended. {'
._i
271:28 10-01-2011
§ 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9
(10) Signs; as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca.
(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 7.22
(13) Bed-and-breakfast, as that term is defined in § 270-5. [Added 4-7-2008 by L.L.
No. 7-20081
(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. [Added 7-11-2011 by L.L.
No. 7-20111
(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 XX1II of Chapter 270 of the
Town of Ithaca Code. [Added 7-11-2011 by L.L. No. 7-20111
E. Accessory uses. Permitted accessory uses in Special Land Use District No. 8 shall be,
limited to the following:
(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.
22. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 1995,when this section was adopted.
271:29 10=01 -2011
§ 271-9 1111A C'A (A)fD F § 271-9
(b) Any of the above mechanical trades that are conducted in the horne shall be
conducted within the confirics of' the dwelling or (lie basement of the
(INvelling or in a �arage area not to excced 200 square fc�t,
(3) OITICCS 01OCCLIpations as sell forth in Subsection, F"(1) and (2) above may be
conducied in the common house provided:
(a) 'file Person or persons conducting such prot'esslon or horne occupation is as or
are perruancrn residents of' (lie SPOCial Land Use District except, as to
professions cminierated in Subsection ['101) above, no rnorc than one
additional nonresident person may lie cmpfoyuJ by any one profiessional or
quasi-prolessl(rtiM, and no rnore thaii 16tir additional nonresident puscms ii-ray
be emplo.)ied in the aggreg,11c
bV aH of the professionals and
quasi-professionals occupying work space in the corninoil house; and
b) No more than eight separate offices or work spaces are so occupied in the
common house; and
(c) Fhe aggregate space of all the offices and occupation spaces combined does
not exceed 20',�,i' of"Ilie total gross floor area of the ccuirrion house- and
(d) No goods or products are publicly dispLaYed or advertised for sale; and
(c) Flicre is no outside storage-, air(]
1) No noisc, (ILl.St, disorder-, or obicclionabIc odor is experienced heyond lite
space where such (wcupat4in or use is conducted,- and
t g) No one office or trade authorised ubovc shall be conducted in any space in
excess of'200 square feet', and
(h) The total number of offices or occupations set f'orth ill SLIbSCCfiO[) I"(I) and
(2) located anywhcre in this Special L,and (,.)se District, whether in coninion
houses or in residcnecs, shall not in the aggregate exceed the nunil.wr of
dwelling, tit-tits. (i.e., there shall be no niore home occupatiotis or professional
of'rices authorimi within the Special land Use District than it' the property
were in a Residence District R30). jAmended 9-10-2001 by L.L. No.
4-20011
(4) ( f-street garage or parking SPIICe fOr the OCCUINintS, Users and eniployces, in
connection with uses specified above, but sublied to provisions of Section 45 and
Section 69 of`the Ordinance,2-1 arid Subject to (lie other provisions, of This section,
(5) A temporary building fim- conitnercc or indLIStl'Y, where such building is necessary
or incidental to the development of the residential area. Such buildings may no:t be
continued for more than one Yetir CXCej)t U111011 special approval of the Board of
Appeals.
23. Edrior's Notc Nunibering refers to Me 1,041irig Ordinaore as it exisled in 1995, when this section wars adopted,
27 1:30 to -01 -2011
§ 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9
(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, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca.
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
i
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. 4-20011
(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. 4-20011
(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. 4-20011
(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
f- - Subdivision Regulations (Chapter 234, Subdivision of Land).
1
271:31 10-01-2011
§ 271-9 ITHACA CODE § 271-9
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. 7-20111
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. 4-20011
1. 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 Iowest exterior grade, whichever is lower. No structure other than a building
shall be erected, altered, or extended to exceed 30 feet in height. Notwithstanding the
foregoing, the Planning Board may grant a special permit for construction of accessory
towers or community centers 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 11-5-2010
by L.L. No. 6-20101
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. 4-20011 \
K. Parking. [Amended 9-10-2001 by L.L. No. 4-20011
(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 the rate of at least 1 112 parking spaces for each dwelling unit plus one parking
space for each 400 square feet of enclosed building space in any community
center.
(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
271:32 10-01-2011
§ 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9
�1 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. 4-20011
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.4-20011
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.
t (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 pian shall show exact locations and dimensions of
proposed buildings. [Added 9-10-2001 by L.L. No. 4-20011
(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 Iighting 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
271:33 10-01 -2011
§ 271-9 ITHACA CODE § 271-9
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. 4-20011
(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 PIanning Board may waive the
application of any part of the Town Highway specifications:
[11 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
f i
271:34 10-01 -7011
.1
§ 271-9 ZONING: SPECIAL LAND USE DISTRICTS § 271-9
' [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
[S] 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. 4-20011
271:34.1 10-01 -2011
§ 271-14 ZONING: SPECIAL LAND USE DISTRICTS §271-14
(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 and/or prevent the occupancy of said building or land.
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:
271:83 10-01 -2011
§ 271-14 ITHACA COM-1 § 271-15
BF,1GlNNlNG at a pin f6LInd ott the north fine of Mitchell Street at the so,aithwest
corner of' hands of' Cornell University, zis irecorded in B(mk 211 at Page 266, said
I:oint being 139 f'cet cast of' the lorersection of' Clover Lane and 27.4 flect north of
the center line of Mitchell Street;
RUNNING THEN(T North 78" 18' 06" West for a distance of 362,80 fixt along the
north line of Mitchell Street to a
RUNNING THENC,F North 06' 59' 03 last liar a distance ol'394,6 I feet to as point,
RUNNIN(i THEM-E North 8.3" 05' 45" West for a distance ol'29,00 fact to as pm. nit
,'It the soullicast corncr of Worth Street"
RLINNING Tfll,"NCIF No,-)rth 06" 59' 03" Fast for as distance of 50.00 IM allong the
east line of" Worth Strcv°t to a point at the northeast corner ol"Worth Streell-
RUNNIN6 THI-I'lM.."1-1 Soxith 813" 06' 00" U'astfor a distance cat' 19,74 tect to a pin
f'ound,
RUNNING THEM A` North 060 541 0011 [,'last f'or a distance of'245.32 feet to as pipe
f6und in concrete,
RUNNING H IFINCF, North 71" 52' 26" l"Ast 16r as of Isla nee of'30.00 felto a point'.
RUNNIN(J "I'llENCE, South 18" 10' 25"' Flast 16r a distance of' 809.23 Ceet tar the
point of'bcginning.
For a snore I)arliCUliffl- description thereof'' ref�rcnce is hereby inade to a survey rnap
entitled "Subdivision Plat Bella Shernian Cottagles Agora flornes and Development,
LI.A.", Mitchell Street and Vine Street, Tovvn of Ithaca, Tompkins County, New
York,"" dated March 2, 2011, prepared bv F,GMiller, P.C., F'rigincers .in(]
Surveyors, Ithaca, New York,
§ 271-15. Planned Development Zone No. 14 (Limitedl Nfixed Use, Ithaca 13eer
Company). [Addled 8-8-20111 by L.L. No. 11-20111
A. Findings.
(1) The Town of' Ithaca's Cornpreliensive Plan (the "Plan"It encourages [Ile
development of' as wide variety of eiriployincrit OppOrl'UnitiCS for residents, and
supports the continued vitality, (A cxisting cinployers by ensuring that there is
adequate and suitable space available.
(2) The Plan calls 1'or a hiriked number of' small-sc,ole, ncighborhood-oriented
conimercial areas which are safe and attractive, set back firorn public highways,
have good circulation and access, are well-landscaped (to provi(Ic buffiering, shade,
,in(] character) and located srr as to med, prcscril ailid anticipated neighborhood
needs while not adversely affecting surrounding neighborh(.),ods, and cat' an
arch itectural design that enhances their neighborhomis.
(3) The Ithaca Beer Company (1130) proposes to develop and locate at) expanded
brewery, welconic carter, and restaurant with an outdoor patio and garden,
together with recreation areas, on as 12.52 acre areaof land located as short distance
from the current brewery location on Route 13,
271: 4 10-01 -2011
§ 271-15 ZONING: SPECIAL LAND USE DISTRICTS § 271-15
(4) On lune 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 and uses. The following accessory buildings or uses are
permitted as of right in Planned Development Zone No. 14:
(1) Solar collectors, subject to the provisions of § 270-214.1 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:
271:85 10-01 -2011
§ 271-15 ITHACA CODE § 271-15
(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;
(e) 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 I3A), 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 PIanning 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 Chapter 221, Signs, of the Town of Ithaca Code.
(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
271:86 10-01 -2011
§ 271-15 ZONING: SPECIAL LAND USE DISTRICTS § 27I-15
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.
271:87 10-01-2011
§ 271-15 ITHACA CODE § 271_15
(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. -f
L. Modification of final site plan. Any change in the site plan as finally approved by the
Town PIanning 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.
I4 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 0(3) below shall apply.
271:88 10-01-2011
§ 271-15 AI)NING: SPI,"ClAl, LAND LJSL DISTRICTS § 271-15
0. Reversion,
I Unless work has rnatcriaHy cornmenced in: accordance with as final site plan within
two years From the issuance of the blidding permit autl1orizing such work, or.
within 48 months of' the. (:late the Planning Board gave final site plan approval, or
wilhill two years of (lie effective date of this section, whichever is earlier, any
building permit shall lapse, the site plan approval (both final and preliminary, if
an ii ,
y) shall e,\pire, and Ific zoning change effected by this sedion shall telill late
and tile zol-ling sh�aII revert It.) that in eff-'ect prior to the adoption of this section,
',
unless in the interim there has bean a general rezoning ofthc area surrounding file
arevert being rezoned by this section, in which cvcnt the miring shall revctt to the
saine Zoning as Own In QI'I'QCI aalrmmrw a Ina j I OIAIV
«t`time perinielcr of the land being
rezoned las Plaimcd DevOopment Zone No. 14 by this section. The Planning
110,11-d, UI)OI] I-C(lUCSt of the applicant, affer a [MbliC licaring, and upon a finding
that the imposition of (lie time, Ilinits set forth above would create an undue
hardship on the applicant, imay c.xtcrid the, tinic limits for slich additional periods as
the Planning Board mav reasonably deturnine. Ali application fior such extension
rm,iy he niade at the time of filing", of' the original application for site plan approval
or at any time thereafter tip to, brat 110 later 111,111, SIX Months after the expiration of
the 1111,10 limits see forth above.
(2) For the purposes of this section, Nvork will not have materially commenced Unless,
at a Inillimunr:
(;a) A building permit, Ift-quircd, has been obtahiccl;
(b) (I onstruction equipment and tools consistent with the size of (lie proposed
work have been brought to and been used oil the site-, and
(C) SUbstantial exurvation (where excavation is required) or significant frarning,
crection, or Construction (vNllcre excavation is not roquircd) hams twvn started
and is being diligently l)LIrSUCd,
(3) If"any of' the. properly within Plaruwd Developi'mit An-re No14 is pkicol 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 wind the zoning shall revert to that in e Meet prior to tlic
adoption of'this section, unless in the interim there has bum 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 file
perimeter of the land being rezoned as Planned Development Zone lo.. l4 by, this
section.
11. Any violations of the terms of this section shall constitute ,I violation of the Town of
Ithaca Zoning Ordinance art(] shall be punishable as set fim-th in said ordinance arld ill
268 of'the Fown Law of`the State of' New York. Each week's continued violation shall
constitute a separate offense. Notwithstanding the f6regoing, the Town reserves fiver itself,
its agencies and! all other persons having an interest, all rctnedles and rights to enfiorce
--—------------------1---
41, v(jitor's Nacre: See('It,270,Zoning,
271:89 10 -Ol -2011
§ 271-15 ITHACA CODE § 271-15
the provisions of this section, including, without limitation, actions for any injunction or
other equitable remedy, or action and damages, in the event the owners of the parcels _
covered by this section fails to comply with any of the provisions hereof.
Q. If any building or land development activity is installed or conducted in violation of this
section, the Code Enforcement Officer may withhold any building permit or certificate of
occupancy, and/or prevent the occupancy of said building or land.
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 341 04' 05" West for a distance of 467.60 feet to
an iron pin found;
2. RUNNING THENCE North 56° 23' 35" East for a distance of 60.29 feet to a
point;
3. RUNNING THENCE along a curve to the left, an are distance of 91.70 feet
to an iron pin set, said course having a radius of 180 feet and a chord tie of
North 41"47' 40" East 90.71 feet;
4. RUNNING THENCE North 271 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 are 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 44° 39' 29" East 84.00 feet;
6. RUNNING THENCE North 621 06' 57" East for a distance of 171.98 feet to
an iron pin set;
7. RUNNING THENCE North 581 20' 32" East for a distance of 54.38 feet to
an iron pin found;
8. RUNNING THENCE North 66° 05' 20" East for a distance of 266.70 feet to
an iron pin found;
271:90 10-01-2011
§ 271-15 ZONING: SPECIAL LAND USE DISTRICTS § 271-15
! 9. RUNNING THENCE North 57° 41' 42" East for a distance of 161.14 feet to
an iron pin found;
10. RUNNING THENCE North 63" 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 11° 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 08° 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 63° 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 00° 56' 34" West for a distance of 250.20 feet to
an iron pipe found;
RUNNING THENCE South 58° 5758" West for a distance of 153.48 feet: to
a point;
RUNNING THENCE North 31' 02' 17" West for a distance of 260.01 feet to
an iron pin set;
RUNNING THENCE North 35° 41' I2" East for a distance of 210.66 feet to
an iron pin set;
- RUNNING THENCE North 83° 35' I6" West for a distance of 508.59 feet to
an iron pin set;
RUNNING THENCE South 42° 35' 16" West for a distance of 552.69 feet to
an iron pin set;
RUNNING THENCE South 33° 39' 47" East for a distance of 549.96 feet to
an iron pin found;
RUNNING THENCE North 56° 23' 19" East for a distance of 150.00 feet to
a point;
RUNNING THENCE North 331 40' 45" West for a distance of 46.03 feet to
an iron pin found;
RUNNING THENCE North 33° 40' 45" West for a distance of 64.24 feet to
an iron pin set;
RUNNING THENCE North 58° 57' 58" East for a distance of 510.56 feet to
an iron pin set;
RUNNING THENCE South 31° 02' 01" East for a distance of 64.17 feet to
an iron pin found;
RUNNING THENCE South 31° 02' 01" East for a distance of 217.44 feet to
an iron pin found;
1'. RUNNING THENCE South 62° 06' 57" West for a distance of 170.00 feet to
an iron pin set;
4
271:91 10-01-2011
271-15 IT]I AC,A CODE, § 271-I5
2. RIJNNING HIENCT" alorq.,,, a curve to the left an are distance of 121,88 Feet,
said course having as radius ot' 200.00 ficet and as chord tie 01' SOUth 44" 39'
29"' West 120,00 feet to an, ircna pill set.
R1 NNING 11 ff°"NCIE South 27" 12' 02"' West for a distance of 27.30 fect to
an iron pin sct-
4, RUNNING '11111,NCL (in I curve to the right, ,III car c distance of 61,13 fa,et,
said course having! as radius of 120,00 J'cet and as chord tie of' South 41" 47'
40"" 'a est 60,47 feet to an iron pin set,,
5. RUNNING F1 IVINC' Soudi 5611 23' 19" West [or as distance of 128.04 ficet to
an iroll pipe found,
R 1,NNING THENCE' SOU1,11 119" 41Y L"ast f'or as distance of'62,48 feet to as
point;
7. RUNNING THENCE South '34" 04' 05" F",ast. tor as distance of 464.95 f6et to
a point on the north line oFf"Imira Roc ad,
Said previous seven (7) courses being Aong the s(rect line liniits of I private
roadway knoxvii as Mancini Drive and Mancini Road;
RUNNING T1]FACE Nordil 59` 24' 14" ["ast along the north line ofEh-nira
Road R)r as distance of'50.3") Icet to 111C point and Ph.'Ice of'beginning,
Said parcel conuiinlng 12,520 acres.
271:92
§ DL-1 DISPOSITION LIST § DL-I
Local Adoption
_ Law No. Date Subject Disposition
6-2007 8-13-2007 Zoning amendment Ch. 270
7-2007 8-13-2007 Zoning amendment Ch. 270
8-2007 9-10-2007 Zoning amendment Ch. 270
9-2007 9-10-2007 Moratorium NCM
10-2007 11-8-2007 Water rates amendment Ch. 261
1-2008 1-7-2008 Tax exemption for certain Ch. 239, Art. IV
disabled persons with limited
incomes amendment
2-2008 1-7-2008 Senior citizens tax exemption Ch. 239,Art. I
amendment
3-2008 2-11-2008 Stormwater management and Ch. 228
erosion and sediment control
4-2008 2-11-2008 Zoning amendment Ch. 270
5-2008 2-11-2008 Subdivision of land amendment Ch. 234
6-2008 3-10-2008 Vehicles and traffic amendment Ch. 250
7-2008 4-7-2008 Zoning: special land use districts Ch. 271
amendment
8-2008 4-7-2008 Extension of moratorium Repealed by L.L. No.
19-2008
9-2008 4-7-2008 Fees amendment Ch. 153
10-2008 6-9-2008 Vehicles and traffic: East Hills Ch. 250, Art. I (footnote
Shopping Plaza repealer only)
11-2008 7-27-2008 Storm sewer system and surface Ch. 227
waters protection
12-2008 7-27-2008 Vehicles and traffic: parking; Ch. 250, Art. III
stop and yield intersections
amendment
13-2008 8-11-2008 Zoning amendment Ch. 270
14-2008 10-20-2008 Fees amendment Ch. 153
15-2008 10-20-2008 Noise amendment Ch. 184
16-2008 11-6-2008 Water rates amendment Ch. 261
17-2008 11-10-2008 Vehicles and traffic: parking; Ch. 250, Art. III
stop and yield intersections
amendment
18-2008 11-10-2008 Zoning: special land use districts Ch. 271
amendment
19-2008 12-8-2008 Extension of moratorium on NCM
development in northeast corner
of Town
I-2009 1-12-2009 Code of Ethics amendment Ch. 32
DL:3 10-01 -2011
I
§ I'I'll AC A CODE § Im,I
Local Adoption
Law No. I'Me Subject Disposition
2-2009 1..12-20799 Senior eilizens tax exeniption Ch. 239, Art. I
amendn'mit
.3-2009 1-12-2009 'Fax exemption for certain ("It 239,, Art. IV
disabIed persons NN/ith limited
illconw amendillent
4-2009 2-9-2�009 Fees amendment Ch� 153
5-2009 2-9-2009 Noise amendment ("li, 184
6-2009 5--J 1 2009 Dog corilroI and hunsing Ch, 112, Art, I
amendinent
7-2009 5-I1-2009 Public Works Deparn,nent (Jl. 59
arnencrelent
8-2009 6-81-2009 Ll'XtC1lS'j0h Of ITIOr',ttoriLlIll Otl NCNI
(leveloptnent in nordwast corner
()j"rI'o�Vjj
9-2009 7-13-2009 Vehicles and traffic: parkilng; Ch. 250, Art. III
stop and yield intersecti011s
amendment
10-2009 7-13--2009 /;warring amendment Ch, 270
11-2009 I0}-19-207019 N(:'rtification ofdcl'ectC;ll,. 188
aniendmeril
12-2(l)09 141-19-20079 Streets and sidewalks: I lanshaw Ch. 230, Art, III
Road Walkw,ay amendment
13-2009 107-19-207019 Aming arnendment Ch, 2701
14-2009 11-9-2009 /oning amendment (11 h. 270
15-2009 11-5-2009 Water rates aniendnicnt Ch, 261
16-2009 12-7-2009 Vehicles alld traffic: 1lrarkirtgl3 Cl h. 250, Art III
stop air(] yidd, intersections
ainenclinew
17-2009 12-7-2009 Adult uscs arriendinent Ch. 1010
18-2009 12-7-2009 BuAding constrUCti0r) MAI firer h. 125
prevention aniendmont
19-2009 12-7-2009 Fees amendment Ch. 153
20-2009 12-7-20079 Outdoor lighting amendment Or. 173
21-2009 12-7-20019 Noise amendment Ch. 184
22-20091 12-7-20709 Parks and recreation areas h, 200
atriendment
23-2009 12-7-,2009 Property ji'mintenance arriendment Repe-aled by L.L. No,
5-2011
24-2009 12-7-2009 Sewer rents amendment C I 1. 210
25-200912-7-2009 Subdivision of land amendment Ch. 234
DLA 10 -1)t -20 1
DISPOSITION LIST
I,ocal Adoption
Law No. Date Subject Disposition
26-2009 12-7-2009 W,,,iter rates aniendment Cl 1. 261
27-2009 12-7-2009 /craning!, alliclidment (,',It, 270
1-2010 1-11-2010 /Oning amendnicill (,"It. 270
2-2010 4.12-20 10 Vchiclos, and traffitc: parking; (11. 250, Art. HI
stop and yield intersections,
amoicirnent
3-2010 4-12-20 10 Buildino, construction and fire Chs. 125; 221 '2'25, 7,701
f)j,eVej4jt ion a11TIC10111clit; signs
arnoidincrit-, spr6ilder sy'Amrs
anicridinent.- zoning anicndinent
4-2010 7-12-2010 Streets and sidcwafksexcavation Ch. 230, Art. I
and construction in municipal
roadways and hityllway
Z-1
rights-of-WaV,
5-2010 8-9-2010 Adoption ofcmj)k,,)ycc retirement NCM
incentive, Part A
6-12010 11-8-2010 Zoning: special land irse districts C.Ji. 271
amendment
7-2010 12-13-2010 Aninials: dog control and Ch. 112, Art. I
licclistrip, aniclidi'mra
1-2011 4-11-201 1 /oning amendrilcrit; zoning (.Ars. 270-, 271
special land rasa, districts
afrienchnew
2-2011 4-11-2011 /onin,�7,I amendment h. 270
3
-28111 4-] 1-2011 /oning aniendment Ch. 2701
4-200 1 5-9-2011 Rccords manigeirient repealer (I]i. 65, reference only
5-2011 6-13-20 1 1 Property maintenance Ch. 205
6-201 1 6-13-201 1 /oning amendmoit Ch. 270
7-.1()l 1 7-11-201 1 /caning„: s'pecial land nse districts Ch. 271
amendment
-20111 7-11-201 1 Vchicles and traffic: parking, CI 1 250, Art. If
stop and yield intersections
ainendfirent
9-20 l 1 7--11-20111 Nioratol"MM NCM
10-201 1 7-11-201 1 /oning amendiricrit Ch. 270
1 1-201 1 8-8-2011 Zoning anicridnielo” Zoning: `Iran. 270; 271
special land use districts
a mendment
L)1.,:5 10 -01 2011,
GENERAL CODE
INSTRUCTIONS
Town of Ithaca Code Supplement No.25
The enclosed new and/or replacement pages should be placed in your Code volume immedi-
ately! The dateline, on the bottom of the page, does not indicate the adoption date of the Code
changes, but rather identifies the pages printed with this supplement.This instruction page should
be placed in the front of your Code volume.
REMOVE INSERT
32:1 —32:8 32:1 —32:6
250:7—250:8 250:7—250:8
250:8.1
DL:3—DL:5 DL:3--DL:6
Index Pages 1 —28 Index Pages I —28
Legislation,by number or date of adoption, included in this supplement: L.L.Nos. 13-2011; 14-
2011.
12-01-2011
Chapter 32
ETHICS, CODE OF
§ 32-1. Purpose; effect on statutory § 32-7. Definitions; recusal from voting
provision. or other discretionary act.
§ 32-2. Applicability. § 32-8. Land speculation.
§ 32-3. Annual disclosure. § 32-9. Inducement of violations.
§ 324. Gifts. § 32-10. Claims against Town.
§ 32-5. Confidentiality. § 32-11. Local.Ethics Board.
§ 32-6. Conflict of interest prohibited. § 32-12. Penalties for offenses.
]HISTORY: Adopted by the Town Board of the Town of Ithaca 11-7-2011 by L.L. No.
14-2011.1 Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification—See Ch.28.
§ 32-1. Purpose; effect on statutory provision.
A. The purpose of this chapter is to establish minimum standards of conduct to help ensure
that the business of government is free from improper influence that may result in
opportunities for private gain. The Town of Ithaca recognizes that public officials must
exercise their official duties solely in the public interest, and must avoid even the
appearance of conflict of interest. The standards and guidelines set forth in this chapter
are intended to minimize unwarranted suspicion and to avoid potential conflicts of
interest before they arise. Notwithstanding any specific omissions in this chapter, it is the
responsibility of public officials to come forth with information regarding personal
involvement in matters before the Town and to avoid associations or actions that may
interfere with-the proper discharge of their public duties.
B. The rules of ethical conduct of this chapter shall be in addition to those of §§ 810
through 813 of the General Municipal Law and any other general or specific law relating
to ethical conduct and interest in contracts of municipal officers and employees. To the
extent the provisions of this chapter conflict with the provisions of §§ 810 through 813
of the General Municipal Law regarding the filing of disclosure statements and the
materials to be disclosed, it is intended that the provisions of this chapter shall supersede
the analogous provisions of the General Municipal Law.
1. Editor's Note:This local law also repealed former Ch.32, Ethics,Code or,adopted 1-13-I992 by LL No.4-1992,as
amended.
32:1 12-01-2011
§ 32-2 ITHACA CODE § 32-4
§ 32.2. Applicability.
z
fied, this chapter shall apply to all elected and appointed officials
A. Unless otherwise speci
except citizen board and citizen committee appointees (the officials to whom this chapter
applies are hereinafter referred to as "officials"), attorneys for the Town (whether paid as
a Town employee or retained under separate contract or agreement), and all employees of
the Town.
B. For purposes of this chapter, "family" shall include an official's or employee's spouse or
equivalent member of a household sharing living expenses, and any of the following, if
residing with the official or employee: child, stepchild, brother, sister, parent, dependent.
§ 32-3. Annual disclosure.
A. Applicability. Persons holding the titles listed on the ethics disclosure statement
distribution list shall be required to complete an ethics disclosure statement:
(1) Upon election or appointment;
(2) By April 30 of each year thereafter; and
(3) Within 30 days of any change in the information required on the ethics disclosure
statement.
B. The ethics disclosure statement form and distribution list shall be reviewed and approved
annually by the Town Board-at its organizational meeting.
C. Such disclosure statements shall be kept on file as public records by the Town Clerk.
Public notice of the existence and availability of such file shall be made annually by
announcement at the May Town Board meeting and publication in the official
newspaper.
D. Matters to be disclosed shall include holdings or associations as described on the ethics
disclosure statement within the twelve-month period up to and including the time of
filing.
§ 32-4. Gifts.
A. Officials, employees, their spouse/equivalents, or any person or entity acting on their
behalf may not solicit or accept monetary gifts or loans of any amount or promise
thereof, or any gift, including services, entertainment, thing, or promise thereof, having a
value of $75 or more, from any person or agent of a person, corporation, partnership,
unincorporated association or other entity who the official or employee knows is
considering or has had, within the previous 12 months, any business dealing with the
Town of Ithaca that involves any discretionary act by the official or employee.
B. Refreshments or meals that are provided as part of an informational presentation in a
group setting or as part of a reception shall not be considered gifts under this section.
32:2 12-01-2011
§ 32-5 ETHICS, CODE OF § 32-7
§ 32-5. Confidentiality.
' Except as required by law, officials and employees may not disclose confidential information
acquired during the course of their official duties or use such information to further their
personal interests or the personal interest of their families.
§32-6. Conflict of interest prohibited.
A. Other than acting solely on behalf of himself/herself, no official or employee may act as
a representative before the Town for any entity, including boards and commissions on
which the official or employee has represented the Town, that has a business dealing,
including requests for rezoning, variances, legislation, bids on contracts, or any other
matter before the Town during his or her term of office or employment with the Town.
In cases in which an official or employee represents himself or herself on a matter before
the Town, he or she will refrain from voting or otherwise taking discretionary action on
the matter, as provided in § 32-7 of this chapter.
B. For a period of four years after termination of his or her term of office or employment
with the Town, other than acting solely on behalf of himself/herself, no former official or
employee may appear before the Town, including boards and commissions on which the
official' or employee has represented the Town, in relation to any matter upon which he
or she took any discretionary action during his or her term of office or employment with
the Town, unless requested to provide information by the Town.
1 C. A Town official shall exercise due diligence in avoiding conflict of interest when voting
` on matters brought before the Town by entities with whom the official is employed as a
non-officer. Any action that could reasonably be interpreted as potentially benefiting the
official's career advancement, salary, or standing within an organization shall be deemed
a conflict of interest and be subject to the provisions of§ 32-7 of this chapter.
§32-7. Definitions; recusal from voting or other discretionary act.
A. Definitions. For purposes of this section the following definitions shall apply to acts
under this section:
CONTRACT — Any claim, account or demand against or agreement with a
municipality, express or implied, and shall include the designation of a depository of
public funds and the designation of a newspaper, including but not limited to, an official
newspaper, for the publication of any notice, resolution, ordinance, or other proceeding
where such publication is required or authorized by law. "Contract" shall also include, for
the purposes of this section, an approval or denial of a rezoning, subdivision, or variance,
and shall also include a determination of environmental significance.
INTEREST — A direct or indirect pecuniary or material benefit accruing to an official
or employee as a result of a contract with the Town which such official or employee
serves. For the purposes of this section, an official or employee shall be deemed to have
an interest in the contract of-
(1)
f(1) His/her spouse, minor children and dependents;
32:3 12-01-2011
32-7 ITI IAC.m ("'ODE'DE' § 32-8
(2) A person, business, or Cather entity who has given campaign contributions of.snore
111,111 $1,000 in the aggregate during,, the official's last political election;
( ) Business partners, or a business, association, or other entity of which the official or
employee is an owncr, partner, officer, director, or significant shareholder; and,
(`l) A person, business, partnership, corporation, or other entity wlaca i; represented in ,►
prof'essionaal capacity (such as attorney-client: or real estate broker-customer) by the
oflacial or employee or by any business, partnership, corporation or Cather entity of
which the official or cryiployce is an owner, partner, officer, director or significant
sliaarcholder.
B. prohibited actions. Whenever an official or ernployce is called upon to vote can, advise
on, or otherwise take discretionary action on a. contract before the Town in which the
official or employee has an interest;, the official or eniployee shall immediately declare
the nature of the interest and shall refrain fiorn taking any action or inaction that wwould.
affect the outcome of the matter. Such declaration shall be made a part of the public
record concerning the matter.
C'. Interpretation. All instances involving the appropriateness of abstention firtaan discussion
and voting by a member of as Board by virtue of Subsection B above may be referred to
the. Ethics Board, who will render an opinion on the propriety of sucl°► voting within 30
mays. Such interpretive opinion may be requested by any aneriber of the Board,
D. Whenever any Board member beco►nes aware of a passible vote in conflict with
Subsection ft above involving such Board member or any Bather Board member, he or she ,4
may raise the issue at the meeting and request the matter be referred to the Et Board.
32-8. Land speculation.
A. large-scale land speculation by officials anay be perceived as an abuse of the privilege of
office. It is recornanended that during his or her terra of office and for a period of l
months thereafter, such official, his or her spouse/equivalent, and fris or herr business or
other entity of which the official or spo us e/eq uiva tent is an owner, partner, officer,
director, or holder of controlling interest, shall not acquire real property, or any financial
or development interest in real property, of more than a total of 25 acres zoned
residential, or more than five acres :coned commercial anywhere in the Town of Ithaca or
its contiguous boundaries, for purposes other than the official's primary residence, Land
purchased in an agricultural district for agricultural use is excluded from this
recommendation. A failure to comply with this section shall not be a violation of this
chapter.
B. During his or her germ of office, no member of the Town Board, Planning board, or
Zoning Board of appeals or his or her spouse/equivalent shall enter into a business
relationship with any other member of said Boards for the purpose of buying, selling,
developing, or holding real property in the Town of Ithaca or outside the Town
contiguous to its immediate boundaries,
32;4 12-01 .2011
§ 32-9 ETHICS, CODE OF § 32-11
§ 32-9. Inducement of violations.
Any person who intentionally induces any official or employee to take any action or refrain
fi•om taking any action, which action or inaction violates any provision of this chapter, shall
be guilty of a Class A misdemeanor, and shall be barred from doing business with the Town
of Ithaca for a period of five years.
§ 32-10. Claims against Town.
Nothing herein shall be deemed to bar the timely filing by a present or former official or
employee of any claim, demand, or suit against the Town on behalf of himlherself or his/her
family arising out of any personal injury or property damage or for any lawful benefit, or
from receiving a municipal service or benefit that is generally available to the public.
§ 32-11. Local Ethics Board.
A. The local Ethics Board in existence immediately prior to the effective date of this chapter
shall continue in existence. Members of the Ethics Board serving immediately prior to
- the effective date of this chapter shall continue to serve on the Ethics Board with the
same terms of office that existed under the prior Iaw. The Ethics Board consists of five
persons, reviews the ethics disclosure statements and this Code of Ethics, and
recommends to the Town Board any changes which it deems appropriate. It also renders
advisory opinions on any matter of ethical conduct of Town officials and employees, on
its own initiative or at the written request of the Town Board or any official, employee,
or private citizen. The Ethics Board shall have the power to conduct investigations and
refer cases to the Town Board for consideration of appropriate action. The Ethics Board
may establish rules for its own operations, but whether included or not, the following
procedures shall pertain to its activities:
(1) The Ethics Board shall state in writing the disposition of every request for opinion
and every investigation it conducts, and the reasons for the disposition.
(2) Any changes in this chapter that are recommended by the Ethics Board shall be
discussed and acted upon by the Town Board in, open session, with Town Board
action occurring within two months of the issuance of the recommendations to the
extent such timing is reasonably possible in light of scheduling constraints and the
other responsibilities of the Town Board.
(3) The Ethics Board may not conduct investigations of itself or any of its members.
Complaints against any member of the Ethics Board shall be made to the Town
Board.
B. Appointment:and removal.
(1) Members of the Ethics Board shall be appointed by the Town Board and may be
nominated by any member of the public.
(2) Ethics Board members may be removed by the Town Board for reasons of gross
misconduct, substantial neglect of duty, or inability to perform the duties of office.
32:5 12-01-2011
§ 32-11 ITHACA CODE § 32-12
C. Tenn of office. The term of office of Ethics Board members shall be five years. No
member shall serve more than two consecutive terms.
D. Qualifications.
(1) Members of the Ethics Board shall be chosen from among Tompkins County
residents.
(2) No Ethics Board member shall hold office in any political party. For this purpose,
membership on a Town, county, state, or national party committee shall not be
deemed to be holding office in a political party; provided, however, that any
person who is a chairperson, vice chairperson, secretary, treasurer, or the holder of
any similar office in a Town, county, state, or national party committee shall be
deemed to be holding office in a political party.
(3) No more than two Ethics Board members may be from the same political party.
(4) From the period of 12 months prior to appointment throughout his or her term of
office, no Ethics Board member or member of his or her family shall hold elected
or any other appointed office or employment with the Town of Ithaca, except as a
member of a citizens' advisory board.
(5) From the period of 12 months prior to appointment throughout his or. her term of
office, no Ethics Board member shall be a party to any proceeding before the
Town of Ithaca or have business dealings with the Town of Ithaca other than
normal, routine, ministerial requests, such as applications for building permits,
certificates of occupancy, marriage licenses, or other similar ministerial matters.
E. Applicability. Members of the Ethics Board shall be subject to the provisions of this
chapter.
§32-12. Penalties for offenses.
Violation of this ,chapter shall be punishable as a Class A misdemeanor with a maximum
criminal fine of $500, and in addition, violators are subject to civil penalties not to exceed
$100 per violation and/or disciplinary action as provided by law. The Town may also seek
injunctive relief to enjoin a violation or compel compliance with this chapter.
32.6 12-01-2011
§ 250-16 VEHICLES AND TRAFFIC § 250-16
- Abby Road, during the period from 11:00 p.m. to 6:00 a.m. daily from May 1
through September 30 of each year.
(15) On both sides of Pleasant Grove Road from the Village of Cayuga Heights line to
the intersection with Forest Home Drive(Route 392).
(16) On both sides of Pine Tree Road from Route 366 southerly to the railroad
overpass.
(17) On the south side of.Roat Street running westerly from Blackstone Avenue to the
terminus of Roat Street, during the hours of 1:00 a.m. to 6:00 a.1n. daily.
(18) On both sides of Sharlene .Drive from Snyder Hill Road to Eastern Heights Drive
during the hours of 1:00 a.m. to 6:00 a.m. daily.
(19) On both sides of Snyder Hill Road from the Town of Dryden, line to the
intersection with Pine Tree Road.
(20) On both sides of Winthrop Drive from the easterly entrance to the Northeast
School parking lot northerly and westerly to the westerly entrance to the Northeast
School parking lot and on the northerly side of Winthrop Drive from the westerly
entrance to the Northeast School parking lot westerly to the intersection of
Winthrop Drive and Brandywine Road.
(21) On both sides of Pennsylvania Avenue from the City of Ithaca line southeast and
east approximately 2075 feet to the intersection of the west line of the unopened
paper street known as "Maryland Avenue" projected southerly across the full width
of Pennsylvania Avenue, which intersection is also the east line of Town of Ithaca
Tax Parcel Number 54.-6-7 projected southerly across the full width of
Pennsylvania Avenue. [Added 4-12-20041
(22) On both sides of Kendall Avenue from its intersection with Pennsylvania Avenue
southeast approximately 2100 feet to its intersection with a line drawn south
southwesterly from the southwest corner of Town of Ithaca Tax Parcel Number
54.4-19 to the northwest corner of Town of Ithaca Tax Parcel Number 54.-5-25.
[Added 4-12-20041
(23) On both sides.of Clover Lane for its entire length. .[Added 1-10-2005 by L.L. No.
1-2005]
(24) On both sides of Troy Road from the intersection of Troy Road with King Road
East to a point 1,500 feet north of the center line of King Road East. [Added
12-7-2009 by L.L. No. 16-20091
(25) On the north side of King Road East from the intersection of King Road East and
Troy Road to a point 700 feet west of the center line of Troy Road. [Added
12-7-2009 by L.L.No. 16-20091
(26) On both sides of Sand Bank Road from the intersection of NYS Route 13 with
Sand Bank Road to a point 1,400 feet east of the center line of NYS Route 13.
4 [Added 7-11-2011 by L.L. No. 8-2011]
r
250:7 12-01 -2011
§ 250-16 ITHACA CODE § 250-21
(27) On both sides of Penny Lane and Lois Lane seasonally from May I through
September 30. [Added 10-17-2011 by L.L. No. 13-20111
§ 250-17. Stopping of motor vehicles. [Amended 4-12-2010 by L.L. No. 2-20101
Where stopping is prohibited by this article, no person shall stop, stand or park a vehicle,
whether occupied or not, except when necessary to avoid conflict with other traffic or in
compliance with the directions of a police officer or traffic control sign or signal. The
stopping of motor vehicles is prohibited in the following locations:
A. Buttermilk Falls Road West in its entirety.
B. Buttermilk Falls Road East in its entirety.
C. On both sides of Winthrop Drive within 125 feet of the northwesterly and southeasterly
sides of the crosswalk that has a center line Iocated approximately 1,068 feet easterly of
the intersection of Winthrop Drive and the center line of Brandywine Drive.
§ 250-18. Stop signs.
The intersections enumerated on Schedule A annexed hereto are designated as stop
intersections and stop signs are ordered installed at the entrance to such intersections as set
forth on Schedule A.
§ 250-19. Yield signs.
The intersections set forth on the annexed Schedule B are designated as yield intersections
and yield signs are ordered installed at entrances to such intersections as set forth on Schedule
B.
§ 25020. Penalties for offenses.
A. Any violations of §§ 250-10 and 250-11 shall constitute a traffic infraction and any
persons violating the same shall be deemed guilty of a traffic infraction and shall be
punishable by a fine of not more than $50 or by imprisonment for not more than 15 days
or by both such fine and imprisonment.
B. Failure to observe the signs erected in accordance with § 250-I2 or 250-13 shall be
treated as a traffic infraction and shall be punished as set forth in the Vehicle and Traffic
Law of the State of New York.
§250-21. Authority to impound vehicles.
A. Any vehicle parked or abandoned on any highway within the Town of Ithaca that hinders
or impairs the ability of the personnel of the Town of Ithaca, or any other governmental
agency, to respond to a snowstorm, flood, fire or other occurrence to which a prompt
response is necessary or desirable, may be removed by the Town of Ithaca.
250:8 12-01-2011
§ 250-21 VEHICLES AND TRAFFIC § 250-21
B. Any vehicle found unattended on any highway within the Town of Ithaca which
constitutes an obstruction to traffic may be removed by the Town of Ithaca.
250;8.1 12-01 -2011
§ DL-1 DISPOSITION LIST § DL-1
Local Adoption
Lave No. Date Subject Disposition
6-2007 8-13-2007 Zoning amendment Ch. 270
7-2007 8-13-2007 Zoning; amendment Ch. 270
8-2007 9-10-2007 Zoning amendment Ch. 270
9-2007 9-10-2007 Moratorium NCM
10-2007 11-8-2007 Water rates amendment Ch. 261
1-2008 1-7-2008 Tax exemption for certain Ch. 239, Art. 1V
disabled persons with limited
incomes amendment
2-2008 1-7-2008 Senior citizens tax exemption Ch. 239, Art. I
amendment
3-2008 2-11-2008 Stormwater management and Ch. 228
erosion and sediment control
4-2008 2-11-2008 Zoning amendment Ch. 270
5-2008 2-11-2008 Subdivision of land amendment Ch. 234
6-2008 3-10-2008 Vehicles and traffic amendment Ch. 250
7-2008 4-7-2008 Zoning: special land use districts Ch. 271
amendment
8-2008 4-7-2008 Extension of moratorium Repealed by L.L. No.
19-2008
9-2008 4-7-2008 Fees amendment Ch. 153
10-2008 6-9-2008 Vehicles and traffic: East-Hills Ch. 250, Art. I (footnote
Shopping Plaza repealer only)
11-2008 7-27-2008 Storm sewer system and surface Ch. 227
waters protection
12-2008 7-27-2008 Vehicles and traffic: parking; Ch. 250, Art. III
stop and yield intersections
amendment
13-2008 8-11-2008 Zoning amendment Ch. 270
14-2008 10-20-2008 Fees amendment Ch. 153
15-2008 10-20-2008 Noise amendment Ch. 184
16-2008 11-6-2008 Water rates amendment Ch. 261
17-2008 11-10-2008 Vehicles and traffic: parking; Ch. 250, Art. III
stop and yield intersections
amendment
18-2008 11-10-2008 Zoning: special land use districts Ch. 271
amendment
19-2008 12-8-2008 Extension of moratorium on NCM
development in northeast corner
of Town
DL:3 12-01-2011
§ Dl,-1 -ITHACA CODE § DL-1
Local Adoption
Law No. Date Subject Disposition
I-2009 1-12-2009 Code of Ethics amendment Repealed by L.L. No.
14-2011
2-2009 1-12-2009 Senior citizens tax exemption Ch. 239, Art. I
amendment
3-2009 1-12-2009 Tax exemption for certain Ch. 239, Art. IV
disabled persons with limited
income amendment
4-2009 2-9-2009 Fees amendment Ch. I53
5-2009 2-9-2009 Noise amendment Ch. 184
6-2009 5-11-2009 Dog control and licensing Ch. 112, Art. I
amendment
7-2009 5-11-2009 Public Works Department Ch. 59
amendment
8-2009 6-8-2009 Extension of moratorium on NCM
development in northeast corner
of Town
9-2009 7-13-2009 Vehicles and traffic: parking; Ch. 250, Art. III
stop and yield intersections
amendment
10-2009 7-13-2009 Zoning amendment Ch. 270
11-2009 10-I9-2009 Notification of defects Ch. 188
amendment
12-2009 10-I9-2009 Streets and sidewalks: Hanshaw Ch. 230, Art. III
Road Walkway amendment
13-2009 10-19-2009 Zoning amendment Ch. 270
14-2009 11-9-2009 Zoning amendment Ch. 270
15-2009 11-5-2009 Water rates amendment Ch. 261
16-2009 12-7-2009 Vehicles and traffic: parking; Ch. 250, Art. III
stop and yield intersections
amendment
17-2009 12-7-2009 Adult uses amendment Ch. 100
18-2009 12-7-2009 Building construction and fire Ch. 125
prevention amendment
19-2009 12-7-2009 Fees amendment Ch. 153
20-2009 12-7-2009 Outdoor lighting amendment Ch. 173
21-2009 12-7-2009 Noise amendment Ch. 184
22-2009 12-7-2009 Parks and recreation areas Ch. 200
amendment
23-2009 I2-7-2009 Property maintenance amendment Repealed by L.L. No.
5-2011
DLA 12-01 -2011
§ I)L-I DISPOSITION LIST § I)L-I
Local Adoption
tmv No. Date Subject Disposition
24-2009 12-7-2009' Sewer rents arnendryient Ch. 210
25-2009 12-7-200 Subdivision of' hind amendment C'h. 234
26-2009 12-7-2009 Water rates amendment Ch, 261
27-2009 12-7-2009 Zoning arnendi'tient Ch. 270
1-2O10 1-11-2010 Zoning amendment Ch, 270
2-2010 4-12-2010 Vehicles and traffic: parking; Ch250, Art. III
stop and yield intersections
amendment
3-2010 4-12-2010 Building construction and fire Chs. 125; 22 1; 225; 270
prevention amendment; signs,
amendment; sprinkler systerns
amendment; zoning amendment
4-2010 7-12-2010 Streets and sidewalks: excavation Ch. 230, Art. I
and construction in municipal
roadways and highway
rights-of-way
5-2010 8-9-2010 Adoption of employee retirement NCM
incentive, Part A
6-2010 1, 1-8-2010 Zoning: special land use districts Ch. 271
amendment
7-2010 12-13-2010 Animals: dog control and Ch. 112, Art. I
licensing arnendment
1-20111 4-11-2011 Zoning amendment; zoning: Chs. 270; 271
special land use districts
amendment
2-2011 4-11-2011 Zoning amendment Ch. 270
3-2011 4-11-2011 Zoning amendment Ch. 270
4-2.01 1 5-9-2011 Records management repeater Ch. 65, reference only
5-2011 6-13-2011 property maintenance Ch. 205
6-2011 6-13-2011 Zoning amendment Ch. 270
7-2011 7-11-2011 Zoning: special land use districts Ch, 271
amendment
8-2011 7-11-2011 Vehicles and traffic: parking; Ch. 250, Art. III
stop and yield intersections
amendment
9-2011 7-11-2011 Moratorium NCM
10-2011 7-11-2011 Zoning amendment Ch. 270
11-2011 8-8-2011 Zoning amendment; zoning: Chs. 270; 271
special land use districts
amendment
Dt,:5 12 -01 -2011
§ DL-b I'I'.HACA CODE § DL-1
Local Adoption r
Law No. Date Subject Disposition
12-2011 10-6-2011 Tax levy limit override 2012 NCM
13-2011 10-17-2011 Vehicles and traffic: parking; Ch. 250, Art. HI
stop and yield intersections
amendment
14-2011 11-7-2011 Code of Ethics Ch. 32
15-2011 11-7-2011 Zoning Map amendment NCM
DL:6 12-01-2011