HomeMy WebLinkAbout2010 Supplements GENERAL CODE
INSTRUCTIONS
Town of Ithaca Code Supplement No. 19
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
100:11 –100:12 100:11 –100:12
100:12.1
125:3– 125:6 125:3– 125:6
125:6.1
125:11 – 125:14 125:11 –125:14
125:14.1
153:1 – 153:11 153:1 – 153:5
173:11 - 173:12 173:11 - 173:12
184:6.1 184:6.1
188:1 188:1 – 188:2
200:3–200:7 200:3–200:7
205:3 -205:5 205:3 -205:5
210:1 –210:4 210:1 –210:4
230:5 230:5
234:7–234:10 234:7–234:10
234:10.1 234:10.1
250:7–250:9 250:7–250:9
261:1 –261:5 261:1 –261:5
261 Attachment 1:1 – 1:2 —
270:5–270:6 270:5–270:6
270:9–270:20 270:9–270:20
270:20.1 –270:20.2 270:20.1 –270:20.3
270:61 –270:64 270:61 –270:64
270:81 –270:82 270:81 –270:82
270:85–270:86 270:85–270:86
270:86.1 270:86.1
270:127–270:128 270:127–270:128
270:128.1 –270:128.3
270:139–270:143 270:139–270:142
DL:3–DL:4 DL:3–DL:5
Index Pages 1 –25 Index Pages 1 –25
Legislation,by number or date of adoption, included in this supplement: L.L.Nos. 11-2009; 12-
2009; 13-2009; 14-2009; 15-2009; 16-2009; 17-2009; 18-2009; 19-2009; 20-2009; 21-2009; 22-
2009;23-2009; 24-2009; 25-2009; 26-2009; 27-2009.
e3-01-2010
§ 100-4 ADULT USES § 100-5
(3) A statement whether the applicant has been convicted of a specified criminal
activity as defined in this chapter and, if so, the specified criminal activity
involved, the date, place and jurisdiction of each.
§ 100-5. Issuance of license.
A. Upon the filing of said application for an adult entertainment business employee license,
the Town shall issue a temporary license to said applicant. The application shall then be
referred to the appropriate Town or county departments for an investigation to be made
on such information as is contained on the application. The application process shall be
completed within 30 days from the date the completed application is filed.
(1) After the investigation, the Town shall issue a license, unless it is determined by a
preponderance of the evidence that one or more of the following findings is true:
(a) The applicant has failed to provide information reasonably necessary for
issuance of the license or has falsely answered a question or request for
information on the application form;
(b) The applicant is under the age of 18 years;
(c) The applicant has been convicted of a "specified criminal activity" as defined
in this chapter;
(d) The adult entertainment business employee license is to be used for
employment in a business prohibited by local or state law, statute, rule or
regulation, or prohibited by a particular provision of this chapter; or
(e) The applicant has had an adult entertainment business employee license
revoked by the Town within two years of the date of the current application.
(2) If the adult entertainment business employee license is denied, the temporary
license previously issued is immediately deemed null and void. Denial, suspension,
or revocation of a license issued pursuant to this subsection shall be subject to
appeal as set forth in § 100-10.
B. A license granted pursuant to this section (whether an adult entertainment business
employee license or an adult entertainment business license) shall be subject to annual
renewal upon the written application of the applicant and a finding by the Town that the
applicant has not been convicted of any specified criminal activity as defined in this
chapter or committed any act during the existence of the previous license, which would
be grounds to deny the initial license application. The renewal of the license shall be
subject to the payment of the fee as set forth in § 100-6.
C. Within 30 days after receipt of a completed adult entertainment business application, the
Town shall approve or deny the issuance of a license to an applicant. The Town shall
approve the issuance of a license to an applicant unless it is determined by a
preponderance of the evidence that one or more of the following findings is true:
100:11 03-01-2010
§ 100-5 ITHACA CODE § 100-6
(1) An applicant is under 18 years of age.
(2) An applicant or a person with whom applicant is residing is overdue in payment to
the Town of taxes, fees, fines, or penalties assessed against or imposed upon
him/her in relation to any business.
(3) An applicant has failed to provide information reasonably necessary for issuance of
the license or has falsely answered a question or request for information on the
application form.
(4) An applicant or a person with whom the applicant is residing has been denied a
license by the Town to operate an adult entertainment business within the
preceding 12 months or whose license to operate an adult entertainment business
has been revoked within the preceding 12 months.
(5) An applicant or a person with whom the applicant is residing has been convicted
of a specified criminal activity defined in this chapter.
(6) The premises to be used for the adult entertainment business have not been
approved by the Health Department, Fire Department, or the Building Official as
being in compliance with applicable laws and local laws.
(7) The license fee required by this chapter has not been paid.
(8) An applicant or the proposed establishment is in violation of or is not in
compliance with any of the provisions of this chapter.
D. The license, if granted, shall state on its face the name of the person or persons to whom
it is granted, the expiration date, the address of the adult entertainment business and the
classification for which the license is issued pursuant to § 100-3. All licenses shall be
posted in a conspicuous place at or near the entrance to the adult entertainment business
so that they may be easily read at any time.
E. The Health Department, Fire Department, and the Building Official shall complete their
certification that the premises is in compliance or not in compliance within 20 days of
receipt of the application by the Town.
F. An adult entertainment business license shall issue for only one classification as found in
§ 100-3.
§ 100-6. Fees.
A. Every application for a new adult entertainment business license shall be accompanied by
the nonrefundable application and investigation fee set from time to time by Town Board
resolution. [Amended 12-7-2009 by L.L. No. 17-20091]
1. Editor's Note:This local law also provided for an effective date of 1-1-2010.
100:12 03-01-2010
§ 100-6 ADULT USES § 100-6
B. Every application for a renewal of an adult entertainment business license shall be
accompanied by the nonrefundable application and investigation fee set from time to time
by Town Board resolution. [Amended 12-7-2009 by L.L. No. 17-200921
C. Every application for an adult entertainment business employee license (whether for a
new license or for renewal of an existing license) shall be accompanied by the annual
nonrefundable application, investigation and license fee set from time to time by Town
Board resolution. [Amended 12-7-2009 by L.L. No. 17-20093]
2. Editor's Note: This local law also provided for an effective date of 1-1-2010.
3. Editor's Note:This local law also provided for an effective date of 1-1-2010.
100:12.1 03-01-2010
§ 125-4 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-4
(5) Installation of fences which are not part of an enclosure surrounding a swimming
pool and which are not over six feet high above the natural grade;
(6) Construction of retaining walls, unless such walls support a surcharge, impound
Class I, 11 or IIIA liquids as defined in the Uniform Code, or are over six feet high
above the natural grade;
(7) Construction of temporary motion picture, television and theater stage sets and
scenery;
(8) Installation of window awnings that do not extend further than four feet beyond
the exterior face of the exterior wall, measured horizontally, and that are supported
by an exterior wall of a one-or two- family dwelling or multiple single-family
dwellings (townhouses);
(9) Installation of partitions or movable cases less than five feet nine inches in height;
(10) Painting, wallpapering, tiling, carpeting, or other similar finish work;
(11) Installation of listed portable electrical, plumbing, heating, ventilation or cooling
equipment or appliances;
(12) Replacement of any equipment provided the replacement does not alter the
equipment's listing or render it inconsistent with the equipment's original
specifications; and
(13) Repairs, provided that such repairs do not involve:
(a) The removal or cutting away of a load-bearing wall, partition, or portion
thereof, or of any structural beam or load-bearing component;
(b) The removal or change of any required means of egress, or the rearrangement
of parts of a structure in a manner which affects egress;
(c) The enlargement, alteration, replacement or relocation of any building
system;
(d) The removal from service of all or part of a fire-protection or fire-detection
system for any period of time; and
(e) In the case of buildings that are subject to site plan approval procedures, do
not materially alter the exterior appearance of the building.
B. An exemption from the requirement to obtain a permit shall not be deemed an
authorization for work to be performed in violation of the Uniform Code and shall in no
case relieve the property owner from compliance with other provisions of this chapter or
of the Uniform Code, or any successor laws, ordinances, statutes or regulations.
C. Applications for building permits may be obtained from the Code Enforcement Officer.
(1) An application for a building permit shall include such information as the Code
Enforcement Officer deems sufficient to permit a determination by the Code
Enforcement Officer that the intended work complies with the requirements of the
125:3 03-01-2010
§ 125-4 ITHACA CODE § 125-4
Uniform Code, this chapter, Chapter 270, Zoning, of the Code of the Town of
Ithaca, and other applicable state and local laws, ordinances and regulation. All
applications shall include the following information and documentation:
(a) A description of the proposed work;
(b) The Tax Map number and the street address;
(c) The occupancy classification, as defined by the Uniform Code, of any
affected building or structure;
(d) Where applicable, a statement of special inspections prepared in accordance
with the provisions of the Uniform Code;
(e) At least two sets of construction documents (drawings and/or specifications)
that define the scope of the proposed work;
(f) The full name and address of the owner and applicant and, if either be a
corporation, the names and addresses of responsible officers;
(g) The estimated cost of the proposed work with appropriate substantiation as
may be required by the Code Enforcement Officer;
(h) The signature of the applicant or authorized agent;
(i) The building permit fee as set from time to time by Town Board resolution.
[Amended 12-7-2009 by L.L. No. 18-200921
(j) A statement that the work shall be performed in compliance with Chapter
270, Zoning, the Uniform Code, and other applicable state and local laws,
ordinances, and regulations; and
(k) Such other materials, information, or items as may be reasonably required by
the Code Enforcement Officer in order to determine whether the proposed
work will be in compliance with all applicable laws, rules, and regulations,
including Chapter 270, Zoning, the Uniform Code, and this chapter.
(2) Construction documents shall not be accepted as part of an application for a
building permit unless such documents:
(a) Are prepared by a New York State registered architect or licensed
professional engineer where so required by the Education Law,
(b) Indicate with sufficient clarity and detail the nature and extent of the work
proposed,
(c) Substantiate that the proposed work will comply with the Uniform Code and
the State Energy Conservation Construction Code; and
(d) Where applicable, include a site plan that shows any existing and proposed
structures on the site, the location of any existing or proposed well or septic
2. Editor's Note:This local law also provided for an effective date of 1-1-2010.
125:4 03-01-2010
§ 125-4 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-4
system, the location of the intended work, the distances between the
structures and the lot lines, and any other information required by Article
XXIII of Chapter 270, Zoning, of the Code of the Town of Ithaca.
(3) Applications for a building permit or for an amendment thereto shall be examined
to ascertain whether the proposed construction is in substantial conformance with
the requirements of the Uniform Code, Chapter 270, Zoning, and any other
applicable laws, rules or regulations. Provisions shall be made for construction
documents accepted as part of a permit application to be so marked in writing or
by stamp. One set of accepted construction documents shall be retained by the
Town. One set shall be returned to the applicant to be kept at the work site so as to
be available for use by the Code Enforcement Officer.
D. A permit will be issued when the Code Enforcement Officer determines the application is
complete and the proposed work will conform to the requirements of the Uniform Code,
Chapter 270, Zoning, and any other applicable laws, rules or regulations. The authority
conferred by such permit may be limited by conditions, if any, contained therein. The
permit shall require the applicant to notify the Code Enforcement Officer immediately of
any changes in the information contained in the application during the period for which
the permit is in effect, or of any changes occurring during construction.
E. All work performed pursuant to such permit shall be in accordance with the information
and representations made in the application for a permit, and with the accepted
construction documents, and there shall be no deviations therefrom without the prior
approval of the Code Enforcement Officer. Such approval may be withheld until
sufficient information is provided to the Code Enforcement Officer in form and substance
reasonably satisfactory to the Code Enforcement Officer to demonstrate that the proposed
deviation is in compliance with the Uniform Code, Chapter 270, Zoning, this chapter,
and all other applicable laws, rules and regulations.
F. Building permits shall be required to be visibly displayed at the work site and to remain
visible until the project has been completed.
G. A building permit, once issued, may be suspended or revoked if the Code Enforcement
Officer or other appropriate officer determines that the work to which it pertains is not
proceeding in conformance with the application, with the Uniform Code, with Chapter
270, Zoning, with any other law, rule, regulation or ordinance, with any condition
attached to such permit, or if information submitted in connection with the application
for the permit was incorrect, inaccurate or incomplete. Such suspension or revocation
shall be in effect until such time as the permit holder demonstrates to the Code
Enforcement Officer's satisfaction that all work completed and all work proposed shall be
in compliance with these items and requirements, and in the case of a revoked permit,
the holder of the revoked building permit applies for and receives a new building permit.
H. A building permit shall expire one year from the date of issuance or upon the issuance of
a certificate of occupancy (other than a temporary certificate of occupancy), whichever
occurs first. The permit may, upon written request, be renewed for successive one-year
periods, provided that the permit has not been revoked or suspended at the time the
application for renewal is made; the relevant information in the application is up-to-date;
125:5 03-01-2010
§ 125-4 ITHACA CODE § 125-4
and a renewal fee is paid as set from time to time by Town Board resolution. At the
option of the Code Enforcement Officer, where the work disclosed by the application
may reasonably be expected to take longer than one year, the Code Enforcement Officer
may issue an initial building permit for a term of greater than one year, but in no event
greater than three years, the term to be the length of time it would be reasonably
anticipated to complete the work set forth in the application. [Amended 12-7-2009 by
L.L.No. 18-200931
1. Permits to construct a foundation, only in circumstances where it is contemplated that a
building will be constructed on the foundation, may be issued in the discretion of the
Code Enforcement Officer under the following circumstances and subject to the
following limitations:
(1) The circumstances under which foundation permits may be issued are as follows:
(a) There has been supplied to the Code Enforcement Officer plans which, in the
Code Enforcement Officer's judgment, are adequate for him to evaluate and
review the proposed construction of the foundation.
(b) The applicant provides information satisfactory to the Code Enforcement
Officer, such as an engineer's or architect's certification, that the foundation
will be adequate to carry the load of the proposed permanent structure.
(c) The need for the foundation permit is established to the satisfaction of the
Code Enforcement Officer (e.g., onset of adverse weather conditions,
immediate availability of masons, proposed construction to be on a fast-track
basis, or other reasonable basis for early issuance of a permit for only part of
the building).
(2) Issuance of a foundation permit is wholly discretionary with the Code Enforcement
Officer and the applicant shall have no right to the issuance of same.
(3) In addition to the conditions on such permits imposed by this chapter, the Code
Enforcement Officer may impose such conditions on the issuance of such permits
as the Code Enforcement Officer may reasonably require to protect the health,
safety and welfare of the public, including the persons that may be in or around the
proposed foundation. Such conditions may also include the requirement that the
applicant post security in the form of a bond, cash, or letter of credit with the
Town, with the designation of form of security left to the Town's discretion, to
assure that the foundation will be removed if a building permit for the entire
building is not issued within a stated period of time, such security to be available
to the Town to enable the Town to restore the premises to their condition prior to
the construction of the foundation for which the permit was issued.
(4) The issuance of any foundation permit by the Code Enforcement Officer may be
revoked by the Town Board if, in its discretion, the Town Board determines the
issuance of the foundation permit was inappropriate.
3. Editor's Note:This local law also provided for an effective date of 1-1-2010.
125:6 03-01-2010
§ 125-4 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-4
(5) Issuance of a foundation permit does not relieve the applicant from fulfilling any
and all requirements for the issuance of a full building permit for the proposed
construction.
125:6.1 03-01-2010
§ 125-7 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-7
(e) The use and occupancy classification of the structure;
(f) The type of construction of the structure;
(g) The assembly occupant load of the structure, if any;
(h) If an automatic sprinkler system is provided, a notation as to whether the
sprinkler system is required;
(i) Any special conditions imposed in connection with the issuance of the
building permit; and
(j) The signature of the official issuing the certificate and the date of issuance.
(3) The fees for certificates of occupancy are set from time to time by Town Board
resolution. The applicable fee shall be paid before a certificate of occupancy is
issued. [Amended 12-7-2009 by L.L. No. 18-20094]
B. Upon request, the Code Enforcement Officer may issue a temporary certificate of
occupancy for a building or structure, or part thereof, pending completion of the work
and before the entire work covered by a building permit has been completed, only if the
structure or portions thereof may be occupied safely, any installed fire- and
smoke-detecting or fire protection equipment is operational, all required means of egress
from the structure have been provided, and the conditions set forth below are met.
(1) Before issuing a temporary certificate of occupancy the Code Enforcement Officer
must find:
(a) The portion or portions of the work for which the certificate is sought may be
used or occupied temporarily without endangering life, property or the public
welfare; and
(b) Practical difficulties exist in completing the building, structure or site
improvements to the point where the building, structure or site improvements
would qualify for a permanent certificate of occupancy because of:
[1] Construction delays resulting from:
[a] Unfavorable and unusually difficult weather conditions; or
[b] Inability to timely obtain materials; or
[c] Other conditions found by the Code Enforcement Officer to
warrant early occupancy.
[2] The need to occupy the premises before a building qualifies for a
permanent certificate of occupancy is related to the normal seasonal
occupancy dates (e.g., late August when the community has the normal
influx of university-related residents); or
4. Editor's Note:This local law also provided for an effective date of 1-1-2010.
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§ 125-7 ITHACA CODE § 125-7
[3] Any other reason found by the Code Enforcement Officer to be
appropriate for the issuance of such temporary certificate.
(2) The granting of a temporary certificate of occupancy is solely within the discretion
of the Code Enforcement Officer and no applicant shall have a right to same.
(3) In addition to the conditions on such certificates imposed by this chapter, the Code
Enforcement Officer may impose such conditions on the issuance of such
certificates as the Code Enforcement Officer may reasonably require to protect the
health, safety and welfare of the public, including the persons that may be in or
around the building or structure being partially occupied. Such conditions may also
include the requirement that the applicant post security in the form of a bond, cash,
or letter of credit with the Town, with the designation of form of security left to
the Town's discretion, to assure that the building or structure for which a
temporary certificate of occupancy is sought will be fully completed and qualify
for a permanent certificate of occupancy for the entire building within a stated
period of time, or will be vacated if no such certificate is obtained within such
period of time, such security to be available to the Town to enable the Town to
bring an action to enjoin continued occupancy in the absence of a permanent
certificate and to take such other steps as may be reasonably necessary or
appropriate to protect the public health and welfare.
(4) If the Town Board, in its discretion, deems the granting of the temporary
certificate of occupancy inappropriate, the Town Board may overrule the Code
Enforcement Officer, in which event the temporary certificate shall terminate 30
days after its issuance or 15 days after the decision overruling the Code
Enforcement Officer, whichever is later.
(5) The issuance of a temporary certificate of occupancy does not relieve the applicant
from fulfilling any and all requirements not yet completed at the date of the
issuance of the temporary certificate of occupancy.
(6) Issuance of a temporary certificate of occupancy is not to be construed as a
determination that a final certificate of occupancy will be automatically issued.
(7) In addition to the Town Board's privilege of revoking the temporary certificate of
occupancy, it may also be revoked by the Code Enforcement Officer at any time
under one or more of the following circumstances:
(a) The Code Enforcement Officer becomes aware of a condition which
presently endangers, or in the future may endanger, life, health, property, or
the public welfare, including the health or welfare of any persons in or
around the premises subject to the temporary certificate.
(b) The Code Enforcement Officer determines in his judgment that the applicant
is not proceeding diligently and properly to complete whatever work remains
in order to obtain a permanent certificate of occupancy.
125:12 03-01-2010
§ 125-7 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-7
(c) The Code Enforcement Officer becomes aware of information not previously
submitted or available that makes issuance of a temporary certificate of
occupancy reasonably inappropriate or inadvisable.
(d) The Code Enforcement Officer determines the existence of any other
circumstance which reasonably requires the revocation of the certificate.
(8) The temporary certificate of occupancy shall be issued for such period as the Code
Enforcement Officer may elect, but not in any event to exceed six months, except
as provided below. However, the Code Enforcement Officer may renew the
certificate for one or more successive periods of not more than six months per
application upon payment of a fee calculated as if each application were an
application for the original issuance of such a temporary certificate.
(9) Discretionary actions.
(a) Notwithstanding the foregoing provisions of Subsection B(8) above,
however, the Town Board may, after public hearing on at least five days'
notice upon the application of the property owner, authorize the Code
Enforcement Officer:
[1] To issue a temporary certificate of occupancy for a period greater than
six months if the Board finds:
[a] It is likely the conditions which require the issuance of a
temporary certificate of occupancy will extend for a period in
excess of six months; and
[b] Denial of an extended period for the certificate would create a
significant hardship to the applicant; and
[c] It is reasonably anticipated that the applicant can complete the
project and obtain a permanent certificate no later than the
expiration date of the extended period; and
[d] The life of the temporary certificate, including any extended
period, is not greater than three years; and
[e] All other conditions for the issuance of a temporary certificate of
occupancy set forth in this § 125-7B have been met.
[2] To reduce or waive the fee charged for a temporary certificate of
occupancy if the Board finds:
[a] The fee for the original building permit was sufficiently large to
cover the costs to the Town, including Code Enforcement Officer
inspection time and review time, of processing, reviewing and
overseeing the issuance and implementation of the original
building permit, the final certificate of occupancy, and any
temporary occupancy certificates including the one for which a
reduction in fee is requested; and
125:13 03-01-2010
§ 125-7 ITHACA CODE § 125-7
[b] The payment of the fee as normally determined hereunder would
be a significant financial hardship to the applicant; and
[c] The need for the temporary certificate of occupancy was not
created by the lack of diligence of the applicant in prosecuting the
work of the project to completion; and
[d] The reduction in fee is the minimum necessary to alleviate the
hardship to the applicant and still cover the costs to the Town
referred to above; and
[e] All other conditions for the issuance of a temporary certificate of
occupancy set forth in this § 125-7B have been met.
(b) The Town Board, in granting an application for a longer temporary certificate
of occupancy or a reduction in fee may impose such reasonable conditions as
it deems appropriate under the circumstances pertaining.
(10) A temporary certificate of occupancy can also be granted by the Code Enforcement
Officer in those circumstances not involving new construction where a violation of
Chapter 270, Zoning, or other rule or regulation becomes apparent to the Code
Enforcement Officer, the owner or other person in possession is taking action
(either by construction or by application for an appropriate variance) to correct the
violation, and the issuance of the temporary certificate of occupancy will not
endanger life, health, property, or the public welfare. The issuance of a temporary
certificate of occupancy under these circumstances and the right to revoke same
are governed by the same provisions relating to the issuance of a temporary
certificate of occupancy based upon construction pursuant to a building permit.
(11) The fee for the issuance of a temporary certificate of occupancy shall be as set
from time to time by Town Board resolution. [Amended 12-7-2009 by L.L. No.
18-200951
C. A certificate of occupancy may be issued for any building or individual dwelling unit at
any other time after inspection thereof by request, determination of compliance and
payment of the fees as set from time to time by Town Board resolution. [Amended
12-7-2009 by L.L. No. 18-20096]
D. Revocation or suspension of certificates. If the Code Enforcement Officer determines that
a certificate of occupancy was issued in error because of incorrect, inaccurate or
incomplete information, and if the relevant deficiencies are not corrected to the
satisfaction of the Code Enforcement Officer within such period of time as shall be
specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke
or suspend such certificate.
5. Editor's Note:This local law also provided for an effective date of 1-1-2010.
6. Editor's Note:This local law also provided for an effective date of 1-1-2010.
125:14 03-01-2010
§ 125-8 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-8
§ 125-8. Operating permits.
A. No person, firm, corporation, association, or other organization or entity shall conduct the
activities or use or occupy any of the facilities listed below unless the owner or
authorized agent of the owner has applied for and has, after inspection as set forth in
Subsection C of this section and § 125-9 below, obtained an operating permit:
(1) Manufacturing, storing or handling hazardous materials in quantities exceeding
those listed in tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4), of the
Fire Code of New York State(see 10 NYCRR Part 1225).
125:14.1 03-01-2010
Chapter 153
FEES
§ 153-1. Establishment and revision of § 153-3. Fees in lieu of recreational land
fees, reservation.
§ 153-2. Zoning, subdivision, SEQRA,
Zoning Board of Appeals, and
development application fees.
[HISTORY: Adopted by the Town Board of the Town of Ithaca 5-10-2004 by L.L. No.
5-2004.1 ; amended in its entirety 12-7-2009 by L.L. No. 19-2009.2 Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention—See Ch.125. Subdivision of land—See Ch.234.
Noise—See Ch.184. Zoning—See Ch.270.
Signs—See Ch.221.
§ 153-1. Establishment and revision of fees.
A. The Town Board may, by resolution, establish and revise from time to time the fees
charged by the Town for various activities regulated by the Town or for various services
performed by the Town, including fees for permits and licenses issued by the Town
Clerk, fees for permits and certificates issued by a Code Enforcement Officer, Town
Highway Superintendent/Director of Public Works or his/her designee, Town Planner or
his/her designee, or other Town officials, and the fees for processing applications for
variances, approvals, and similar matters requiring publication or Board action.
B. Nothing in this chapter shall amend, repeal or supersede any provisions in other Town
Code chapters that set forth fees for specific Town activities or services.
§ 153-2. Zoning, subdivision, SEQRA, Zoning Board of Appeals, and development
application fees.
A. Miscellaneous provisions.
(1) The Town Board, Planning Board, or Zoning Board of Appeals, as applicable,
shall hold no public hearing nor take any action to endorse or approve any
application until all applicable fees have been paid to the Town.
(2) Fees shall be calculated by the Code Enforcement Officer, Town Planner or his/her
designee, Town Clerk, or by staff associated with the Public Works Department,
1. Editor's Note:This local law also repealed former Ch.153,Fees,adopted 12-3-1994 by L.L.No.10-1994,as amended.
2. Editor's Note:This local law also provided for an effective date of 1-1-2010.
153:1 03-01-2010
§ 153-2 ITHACA CODE § 153-2
Planning Department, and/or Building and Code Enforcement Department. Such
fees shall be collected by the Town Clerk or the Town Clerk's designee, who shall
issue a receipt stating the purpose of the payment. This receipt must be filed with
the application as evidence of payment.
(3) All application fees paid to the Town in accordance with the fee schedule
established from time to time by Town Board resolution (the "Fee Schedule") shall
be nonrefundable unless miscalculated. No funds paid to the Town for review or
inspection shall be returned to the applicant should an application be disapproved
by the Town, reduced in scale by the applicant, or otherwise partially or wholly
abandoned.
B. Application fees and public hearing fees.
(1) A nonrefundable fee shall be paid along with each application as set forth in the
Fee Schedule to cover expenses related to the administration and processing of
applications, including agenda or public hearing notice, clerical processing,
processing of the application by planning, engineering public works, and/or
building and code enforcement personnel, the cost of professional services,
including but not limited to engineering, planning, legal, and other expenses
incurred by the Town in its review of the submitted application material for
preliminary and/or final subdivision or site plan approval or other approvals, and
inspection of on- or off-site improvements.
(2) Whenever an application or appeal is filed with the Town for which a public
hearing is required, there shall be paid simultaneously a fee as set from time to
time by Town Board resolution to defer the costs of publishing and mailing the
notice and application to appropriate parties, and the cost of transcribing the
proceedings relating to the application or appeal. Such fee may be included in the
Fee Schedule as part of any application fee set by Town Board resolution.
(3) If the hearing continues for more than one meeting necessitating republication
and/or re-noticing, an additional public hearing fee shall be paid prior to each
continued hearing. If the matter continues for more than one meeting but the
subsequent meetings do not require a public hearing, an agenda processing fee
shall be paid prior to each additional meeting at which the matter is continued
without a public hearing. In the discretion of the Town Board, Planning Board, or
Zoning Board of Appeals, as the case may be, or the person designated to collect
application fees, additional public hearing fees or additional agenda processing fees
may be waived with respect to any subsequent meetings, particularly if the
continuation was necessitated by actions of the Town officials and not by the
applicant.
(4) In the case of subdivision or site plan applications, the Planning Board, or the
person designated to collect application fees, in its discretion, may waive the fee
for a final plat or plan in those circumstances where final plat or plan approval is
given simultaneously with preliminary plat or plan approval. In these cases, only
the preliminary plat or plan fee would be charged.
153:2 03-01-2010
§ 153-2 FEES § 153-2
(5) As part of the application for preliminary site plan approval, a preliminary estimate
of the cost of improvements shall be provided by the applicant's licensed
professional engineer or registered architect, along with the other items required
for a preliminary site plan application as set forth in Chapter 270, Zoning.
(6) As part of the application for final site plan approval, a revised estimate of the cost
of improvements shall be provided by the applicant's licensed professional
engineer or registered architect, along with the other items required for final site
plan application as set forth in Chapter 270, Zoning.
(7) In the case of site plan applications, the terms "cost of improvements,"
"improvement cost" or "project cost" shall mean the costs of construction of all site
improvements (whether on or off the specific site involved), including grading,
roads, drainage improvements, sewers, water lines, buildings and any other
improvement of any nature whatsoever to be constructed by the applicant. Such
terms exclude land acquisition costs, architect fees, engineering fees and other
similar nonconstruction costs.
(8) The estimates provided with the preliminary or final application shall be used to
determine the required fee as set forth in the Fee Schedule.
(9) An estimate of the cost of improvements provided by the applicant and not by a
licensed professional engineer or registered architect may be accepted when, in the
judgment of the Town Highway Superintendent/Director of Public Works or
his/her designee and/or the Town Planner or his/her designee such estimate is
reasonably accurate. The Town Highway Superintendent/Director of Public Works
or his/her designee and/or the Town Planner or his/her designee may adjust such
estimate and the estimate as so revised by the Town Highway
Superintendent/Director of Public Works or his/her designee or Town Planner or
his/her designee shall be used to determine the required fee.
(10) In the case of clustered subdivision applications, the fees set forth for subdivisions
shall apply.
(11) In the case of applications for rezoning, a basic fee as set forth in the Fee Schedule
for initial review of the general plan by staff and the Town Board shall be
submitted with the initial application. When the rezoning is referred to the
Planning Board for recommendation, the fee for preliminary site plan review shall
be paid prior to any further review of the general plan by the Planning Board and
prior to any recommendation by the Planning Board to the Town Board. If the
Town Board approves an application for rezoning upon recommendation by the
Planning Board, and when specific development is proposed, the fee for final site
plan review shall be paid to cover the costs of further review by staff and the
Planning Board.
(12) In the case of applications for special approval, a basic fee as set forth in the Fee
Schedule for initial review of the general plan by staff and the Zoning Board of
Appeals shall be submitted with the initial application. If the application is referred
to the Planning Board for a recommendation, the required fee for preliminary site
plan review shall be paid prior to any further review of the general plan by the
153:3 03-01-2010
§ 153-2 ITHACA CODE § 153-2
Planning Board and prior to any recommendation by the Planning Board to the
Zoning Board of Appeals. If the Zoning Board of Appeals approves an application
for special approval upon recommendation by the Planning Board, and when
specific development is proposed requiring further review, the fee for final site
plan review shall be paid to cover the costs of further review by staff and the
Planning Board. If the application is not referred to the Planning Board, the basic
fee shall be paid without any further fees for site plan review.
(13) In the case of applications for special permits, a basic fee as set forth in the Fee
Schedule for initial review of the general plan by staff and the Planning Board
shall be submitted with the initial application. If an application is submitted for a
special permit at the same time as an application for site plan approval is
submitted, the fees for site plan approval will be paid without any fees required for
a special permit.
(14) The above fees may be waived in whole or in part, or may be modified, by the
Town Board for good cause shown. Such cause may include, but is not limited to,
an extreme hardship to the applicant in paying for all or a portion of the review
fees, the benefit to the general community that would be provided by the proposed
project, or other unique or special circumstances which would warrant, in the
judgment of the Town Board, such a waiver.
C. SEQRA- related fees.
(1) In addition to the fees required as stated in the Fee Schedule, the fees for review or
preparation of an environmental impact statement involving an application for
approval or funding of an action requiring preparation or filing of a draft
environmental impact statement shall be determined by the lead agency for each
such application. The fees shall be based on the actual cost to the Town for
reviewing or preparing the draft and final environmental impact statement,
including the cost of hiring consultants, the salary time of Town employees and
actual disbursements incurred as a result of the review or preparation of such
impact statement, but in no event shall the fees be greater than those established in
6 NYCRR 617.13. The Town Supervisor, Code Enforcement Officer, Planner or
his/her designee, or Highway Superintendent/Director of Public Works or his/her
designee may require, prior to the commencement of the review or preparation of
an environmental impact statement, a deposit to be made with the Town in an
amount reasonably estimated to cover the fee set forth in this section.
(2) The above fees may be waived in whole or in part, or may be modified, by the
Town Board for good cause shown. Such cause may include, but is not limited to,
an extreme hardship to the applicant in paying for all or a portion of the fees, the
benefit to the general community that would be provided by the proposed project,
or other unique or special circumstances which would warrant, in the judgment of
the Town Board, such a waiver.
153:4 03-01-2010
§ 153-3 FEES § 153-3
§ 153-3. Fees in lieu of recreational land reservation.
A. In the event the Planning Board requires that a sum of money is to be paid to the Town
in lieu of a parkland or recreational land reservation in connection with a subdivision or
site plan approval, the amount to be paid shall be the following amount:
(1) The assessed value as determined for real estate tax purposes of all of the land
included in the project, as shown on the most recently available assessment roll for
such lands on the date of final approval, multiplied by 10% (or such lesser
percentage as the Planning Board may determine if the demand for parklands
created by the proposed project warrants such lesser percentage).
(2) If the lands for the project have been acquired by the applicant during the period
two years prior to final subdivision or site plan approval by a bona fide
conveyance from an unrelated party for value, the price paid for such conveyance
shall be substituted for assessed value for the purposes of making the calculation
set forth in Subsection A(l)above.
B. The Planning Board may recommend to the Town Board a reduction in the amount of
the above sums if the Planning Board finds that special circumstances exist, causing the
amounts above to substantially exceed the reasonable value of the land that would
otherwise be reserved in the particular project under consideration. If the Town Board
concurs with such recommendation, the Town Board may reduce the payment to an
amount which more accurately reflects the value of land for which payment is being
made.
C. The sum set forth above shall be payable upon the earliest of the following:
(1) Thirty days after granting final site plan or subdivision approval; or
(2) The signing of a plan or plat by the Planning Board Chairperson evidencing
approval of same; or
(3) The filing of an application for a building permit for construction of one or more
structures in the project; or
(4) The sale, lease or other disposition of an individual lot by the developer.
D. No sums shall be payable in connection with lot line modifications or lot reconfiguration
where no new lots or dwelling units are created.
153:5 03-01-2010
§ 173-18 LIGHTING, OUTDOOR § 173-18
(2) Requests for variances from the provisions of this chapter.
B. The Zoning Board of Appeals may grant variances from the application of this chapter
upon the following conditions:
(1) Any variance shall be prospective in its application and shall not relieve any
person from the penalties and fines for violating this chapter by conditions that
existed prior to the granting of the variance.
(2) An application for a variance shall be submitted to the Town in a form
substantially indicating the name and owner of the real property, the nature of the
condition for which a variance is sought, and the reasons for which a variance is
sought.
(3) The applicant shall pay the Town the same fee as that set from time to time by
Town Board resolution for appeals to the Zoning Board of Appeals for variances.
[Amended 12-7-2009 by L.L. No. 20-20091]
(4) Where the applicant is also seeking site plan review, the variance application shall
be referred to the Planning Board, established pursuant to Chapter 270, Zoning, of
the Town of Ithaca Code, for its review and recommendation to the Zoning Board
of Appeals.
(5) The Zoning Board of Appeals shall hold a public hearing on the application and
shall publish notice of said public hearing at least five days prior to its date. At the
option of the Zoning Board of Appeals, notice of said application shall also be
given to all landowners owning property adjoining the property for which a
variance is sought. At the option of the Zoning Board of Appeals, a notice that a
variance is sought shall also be posted on the property in accordance with the
posting provisions of Chapter 270, Zoning, of the Town of Ithaca Code.
(6) The Zoning Board of Appeals may grant a variance if it determines that the
purposes of this chapter will be met if the variance is granted, and that the benefit
to the applicant if the variance is granted outweighs the detriment to the health,
safety and welfare of the neighborhood or community by such grant. In making
such determination the Board shall consider, among other matters:
(a) Whether an undesirable change will be produced in the character of the
neighborhood or a detriment to nearby properties will be created by the
granting of the variance;
(b) Whether the benefit sought by the applicant can be achieved by some
method, feasible for the applicant to pursue, other than a variance;
(c) Whether the requested variance is substantial;
(d) Whether the proposed variance will have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district; and
1. Editor's Note:This local law also provided for an effective date of 1-1-2010.
173:11 03-01-2010
§ 173-18 ITHACA CODE § 173-19
(e) Whether the alleged difficulty was self-created, which consideration shall be
relevant to the decision of the Board of Appeals but shall not necessarily
preclude the granting of the variance.
(7) The Zoning Board of Appeals, if it chooses to grant the variance, shall grant the
minimum variance that 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.
(8) 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 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.
C. The variances and the procedure for obtaining same shall, except where explicitly
otherwise required by this chapter, be in accordance with the provisions of the Town
Law, particularly § 267 et seq., and the provisions of the Town of Ithaca Code, Chapter
270, Zoning, relating to the consideration of area variances.
D. Any person aggrieved by a decision of the Zoning Board of Appeals may have the
decision reviewed by the Supreme Court of the State of New York in the manner
provided by law.
§ 173-19. Law governing conflicts.
Where any provision of federal, state, county, or Town statutes, codes, or laws conflicts with
any provision of this chapter, the most restrictive provision shall govern except where
preempted by state or federal law.
173:12 03-01-2010
§ 184-12 NOISE § 184-12
C. At the time of the filing of the permit application or applications, the applicant shall pay
the Town a nonrefundable fee as set from time to time by Town Board resolution.
[Added 10-20-2008 by L.L. No. 15-2008; amended 2-9-2009 by L.L. No. 5-2009;
12-7-2009 by L.L. No. 21-20093]
D. Applications may be submitted simultaneously by a single entity, representative or agent
thereof for events occurring at a single address within a consecutive six-month period.
All applications shall be reviewed, and determinations shall be rendered, on an individual
basis. [Added 12-7-2009 by L.L. No. 21-200941
E. A public hearing before the Town Board shall be held in connection with the application
no less than five days after publication of notice of such hearing in the Town's official
newspaper. The issuance of permits shall be discretionary. The Town Board may impose
any conditions deemed necessary by such Board to minimize the intrusion of sound that
might occur by the exercise of the privileges granted by the permit. Any permit issued
shall state that the permit only applies to this chapter, and that § 240.20, Subdivision 2,
3. Editor's Note:This local law also provided for an effective date of 1-1-2010.
4. Editor's Note:This local law also redesignated former Subsection D As Subsection E;said local law also provided for
an effective date of 1-1-2010.
184:6.1 03-01-2010
Chapter 188
NOTIFICATION OF DEFECTS
§ 188-1. Prerequisites to certain suits. § 188-3. Legislative authority;
§ 188-2. Transmission of notices. supersession of statute.
[HISTORY: Adopted by the Town Board of the Town of Ithaca 12-13-1977 by L.L. No.
3-1977; amended in its entirety 10-19-2009 by L.L. No. 11-2009. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Defense and indemnification of Town employees—See Streets and sidewalks—See Ch.230.
Ch.28.
§ 188-1. Prerequisites to certain suits.
No civil action shall be maintained against the Town or Town Highway
Superintendent/Director of Public Works for damages or injuries to persons or property
sustained by reason of any street, highway, bridge, culvert, sidewalk or crosswalk being
defective, out of repair, unsafe, dangerous or obstructed unless written notice of such
defective, unsafe, dangerous or obstructed condition of such street, highway, bridge, culvert ,
sidewalk or crosswalk was actually given to the Town Clerk or Town Highway
Superintendent/Director of Public Works, and there was a failure or neglect within a
reasonable time after the giving of such notice to repair or remove the defect, danger or
obstruction complained of; but no such action shall be maintained for damages or injuries to
person or property sustained solely in consequence of the existence of snow or ice upon any
street, highway, bridge, culvert, sidewalk or crosswalk, unless written notice thereof,
specifying the particular place, was actually given the Town Clerk or Town Highway
Superintendent/Director of Public Works and there was a failure or neglect to cause such
snow or ice to be removed, or to make the place otherwise reasonably safe within a
reasonable time after the receipt of such notice. In addition, no such action shall be
maintained against the Town or Town Highway Superintendent/Director of Public Works for
damages or injuries sustained by reason of any of its sidewalks being defective, out of repair,
unsafe, dangerous or obstructed, or in consequence of the existence of snow or ice upon any
of its sidewalks, unless such sidewalks have been constructed or are maintained by the Town
or the Town Highway Superintendent/Director of Public Works pursuant to statute. For the
purposes of this chapter, "sidewalk" shall include an underpass, pedestrian walkway, path,
step, and stairway, and some sidewalks may be utilized by bicyclists as well as pedestrians.
§ 188-2. Transmission of notices.
The Town Highway Superintendent/Director of Public Works shall transmit in writing to the
Town Clerk within 10 days after the receipt thereof all written notices received by him or her
pursuant to this chapter and Subdivisions 1 or 2 of§ 65-a of the Town Law. The Town Clerk
188:1 03-01-2010
§ 188-2 ITHACA CODE § 188-3
shall cause copies of all written notices received pursuant to this chapter and Subdivisions 1
or 2 of§ 65-a of the Town Law to be distributed to members of the Town Board within 10
days of the receipt thereof or at the next succeeding Town Board meeting, which shall be
sooner.
§ 188-3. Legislative authority; supersession of statute.
This chapter is adopted pursuant to § 10, Subdivision l(ii)d(3), of the Municipal Home Rule
Law. This chapter supersedes Subdivisions 1, 2 and 3 of § 65-a of the Town Law to the
extent this chapter is inconsistent with them
188:2 03-01-2010
§ 200-4 PARKS AND RECREATION AREAS § 200-5
D. On those trails where horseback riding is permitted, horses shall travel in a single file
and keep to the right of the center of the trail when passing oncoming traffic. Upon
overtaking horses, bicyclists shall signal and proceed to pass with due care, minimizing
the startling of the horses. Horses overtaking pedestrians shall be walked past any
pedestrians. Bicyclists and pedestrians shall yield to horses. Horses shall be under control
of the rider at all times.
E. No bicycle should be used to carry more persons at one time than the number for which
it is designated and equipped.
F. Whenever a trail intersects a street, highway, walkway or other thoroughfare, traffic on
the trail shall come to a complete halt before proceeding to cross said thoroughfares.
Bicyclists and pedestrians shall observe all other applicable state and local laws, rules
and regulations relating to the crossing of any thoroughfare and the use thereof.
§200-5. Prohibited activities.
No person shall in a Town park, on a Town trail, or in or on any other Town recreational
facility:
A. Cause any rubbish, garbage, refuse, organic or inorganic waste, or other offensive matter
or any abandoned property or material to be left in or on any such Town park or trail
facility.
B. Make an excavation or injure, destroy, deface, remove, fill in, tamper with, or cut any
real or personal property, tree or other plant life, or otherwise alter in any way the
condition and appearance of any park or trail property, real or personal, except for the
picking of edible berries and except as may be otherwise allowed by this chapter.
C. Operate any motor vehicle, including cars, trucks, minibikes, trail bikes and mopeds
outside of designated parking areas and roadways; park any motor vehicle on grass,
except where the designated parking area is grass; or operate a snowmobile on Town
park or trail property. [Amended 12-7-2009 by L.L. No.22-20091 ]
D. Ride a bicycle or other wheeled device in a park facility except on a road, designated
parking area, or a designated bikeway.
E. Introduce, possess, discharge or use rifles, guns, revolvers, or other firearms or weapons,
fireworks, explosives, traps, archery equipment, or any other dangerous instrument, or
any instrument, weapon, or ammunition the propelling force of which is a spring, rubber,
gas, or air, or any other dangerous force.
F. Commit any act which may result in injury to any person or damage to real or personal
property or create a hazardous condition.
G. Engage in or encourage fighting or violent or threatening behavior.
1. Editor's Note:This local law also provided for an effective date of 1-1-2010.
200:3 03-01-2010
§ 200-5 ITHACA CODE § 200-7
H. Make any unreasonable noise, including the making of unreasonable noise with the use -
of any device capable of amplifying sound such as musical instruments, radios, tape
cassette players, loud speakers, CD players, and public address systems.
I. Engage in camping.
J. Make or maintain a fire other than in cooking grills erected and maintained by the Town
for cooking purposes, but if there is no such equipment available, a person may make a
fire in a grill or fire containment equipment made of metal but only in picnic areas, with
all such fires to be completely extinguished after use. Notwithstanding the foregoing, the
Town Highway Superintendent or the Town Parks Maintenance Manager may prohibit
the making of a fire at any time.
K. Throw away or discard any lighted match, cigar, cigarette, charcoal, or any other burning
object.
L. Distribute leaflets or other printed or written material.
M. Advertise, promote, or conduct a commercial event or enterprise.
N. Swim in Cayuga Lake at any park which has access to Cayuga Lake.
O. Ride horses in any park or on any trail except the South Hill Recreation Way and the
Game Farm section (from Maple Avenue to Game Farm Road) of the East Ithaca
Recreation Way.
§200-6. Activities requiring permit.
A. The following activities may be engaged in only when undertaken pursuant to a written
permit issued by the Town Board of the Town of Ithaca or its designated agent, and in
accordance with the terms thereof and any other conditions contained in this chapter:
(1) The conducting of a picnic or other event by a group or organization in excess of
50 persons.
(2) Any event by a group of more than five people at which alcoholic beverages are
being possessed or consumed.
(3) Other special events which the Town Board of the Town of Ithaca may, by
resolution, permit that are not otherwise covered by this chapter.
B. Notwithstanding the foregoing, no permit shall be required if the event is sponsored by
an organization providing recreational services for the benefit of the Town of Ithaca
pursuant to a contract with the Town or its authorized representative.
§200-7. Issuance of permit.
The permit referred to in § 200-6 shall be issued by the Town Clerk in accordance with the
following:
200:4 03-01-2010
§ 200-7 PARKS AND RECREATION AREAS § 200-8
A. At least 48 hours in advance of the operation of the permit, such permit application
should be filed with the Town Clerk of the Town of Ithaca between the hours of 8:30
a.m. and 4:00 p.m. on Mondays through Fridays, except legal holidays. The Town Clerk
may at the Town Clerk's discretion waive the requirement that the application be applied
for 48 hours in advance.
B. Permits shall be issued on a first-come-first-served basis except if there is a conflict with
an event of an organization contracting with or on behalf of the Town for the provision
of recreational services, in which situation the event by the contracting organization shall
take precedence.
C. Any permit may be revoked for good cause shown or as the Town Board of the Town of
Ithaca or its designated agent in the reasonable exercise of its discretion may determine,
which action shall be final. In the case of such revocation, all monies paid for or on
account thereof shall, at the option of the Town Board of the Town of Ithaca, be forfeited
to and retained by the Town.
D. Neither the forfeiture and retention of any such money by the Town nor the recovery or
collection of any damages or both shall preclude the prosecution of any person for a
violation of a rule or regulation of the Town of Ithaca or the violation of any other local
or state law, ordinance, rule or regulation.
E. The provisions of this section are not exclusive, but additional requirements may be
reasonably added with respect to any specific application at the discretion of the Town
Board of the Town of Ithaca or its designated agent.
F. Notwithstanding the foregoing, arrangements for use of the Coddington Road play field
are to be made through the Coddington Road Community Center. Town permit
applications for use of this play field shall be obtained from the Center and the Center
shall indicate by signature of its designated agent on the permit application if such use is
an activity of the Center. Use of the play field which is sponsored by the Center shall be
exempt from the fee and security deposit requirements described in this chapter or other
Town local laws and ordinances.
G. A permit may be denied by the Town Clerk to a group or organization that in the past
failed to comply with the provisions of this chapter. Any denial may be appealed to the
Town Board, provided the appeal is filed in writing with the Town Clerk no more than
30 days after the denial.
§ 200-8. Fees; security deposits; insurance; damages; other requirements. [Amended
12-7-2009 by L.L. No. 22-20092]
The following requirements are established for the purposes of utilizing the parks or trails of
the Town of Ithaca pursuant to this chapter.
2. Editor's Note:This local law also provided for an effective date of 1-1-2010.
200:5 03-01-2010
§ 200-8 ITHACA CODE § 200-9
A. Fees. The Town Board shall set from time to time by resolution fees for activities
reasonably expected to directly or indirectly involve five or more persons where such
activities also require a permit.
B. Security deposits:
(1) The Town Board shall set from time to time by resolution security deposit amounts
required by groups of 25 or more persons.
(2) The security deposit shall be returned to the group after the event, provided there is
no damage to, or littering of, any of the facilities utilized by the group and there
has been no parking in prohibited areas.
C. Insurance:
(1) Groups of 25 to 100 persons: special event coverage for events beyond general
Town coverage with Town named as additional insured.
(2) Groups of over 100 persons: special event coverage as in (1) plus $1,000,000
excess liability with the Town named as additional insured.
D. Damages. Any damages or littering cleanup costs not covered by a security deposit
and/or insurance proceeds shall be payable by the group to the Town within 10 days of
mailing to the person who signed the permit application of a statement of the damages
and/or cleanup costs and the amounts remaining to be paid.
E. Other requirements:
(1) In the case of events which are of more than two hours' duration, the permit
applicant shall furnish at his own cost and expense portable toilet facilities
sufficient for the size of the user group, where toilet facilities are not already
available.
(2) Written notification of cancellation of event shall be made no later than 48 hours
prior to the event date to the Town Clerk's Office. If cancellation is timely made, a
refund of the permit fee shall be issued within 30 days after the cancellation date.
§ 200-9. Variance.
The Town Board may, upon application and upon good cause shown, grant variances from the
requirements of this chapter including authorization of events that would otherwise be
prohibited herein. Good cause shall include, but not be limited to, circumstances where the
benefit to the Town for the proposed event or variance outweighs the detriment to the
community and applicant that would result from the strict enforcement of the terms of this
chapter. In granting such variance, the Town Board may impose such reasonable conditions
and restrictions as are directly related to and incidental to the proposed use of the park or trail.
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.
200:6 03-01-2010
§ 200-10 PARKS AND RECREATION AREAS § 200-11
§200-10. Penalties for offenses.
A. Any violation of this chapter shall be deemed a "violation" as the same is defined in § 10
of the Penal Law of the State of New York.
B. Anyone found guilty of a violation of this chapter may be fined up to $250 for such
violation or sentenced to a term of imprisonment not to exceed 15 days.
§200-11. Enforcement.
A. The Director of Building and Zoning of the Town of Ithaca, and such person's deputies,
are hereby designated by the Town Board of the Town of Ithaca as agents for enforcing
this chapter. Such agents are authorized to issue and serve appearance tickets for
violations of this chapter as provided for by Chapter 9, Appearance Tickets, of the Code
of the Town of Ithaca, or any amendment thereof.
B. This chapter may also he enforced by any police officer authorized to act within the
Town of Ithaca, Tompkins County, New York.
200:7 03-01-2010
§ 2054 PROPERTY MAINTENANCE § 205-5
§2054. Enforcement.
A. The Building Inspector or Zoning Officer of the Town of Ithaca is hereby authorized to
enforce the provisions of this chapter.
B. Upon receiving a complaint or upon any inspection of a property, the Building Inspector
or Zoning Officer shall determine whether or not there appears to be a violation of this
chapter. Upon determining that this chapter has been violated, the Building Inspector or
the Zoning Officer shall give the owner of the real property or other person charged with
the maintenance of the property written notice setting forth the nature and existence of
the violation, and the provisions of this chapter violated, and directing that the violation
be terminated or corrected within 14 days of the date of such notice. Such notice shall be
given personally to the owner, lessee, occupant or other person required to maintain the
property within the County of Tompkins, or by posting a copy of the notice in a
conspicuous place on the real property, or by mailing the same to the address of the real
property or that listed by the owner for the receipt of tax bills.
C. If the owner of the real property or other person charged with the maintenance of the
property fails to terminate or correct the violation in the time provided, the Building
Inspector or Zoning Officer may file a written complaint, signed by the complaining
party, specifying the conditions, acts or omissions constituting a violation of this chapter,
the address of the real property where the violation is taking place, the name and address
of the owner, occupant, lessee, tenant and/or other party having control of the real
property, with the Town Justice and shall issue and serve on the real property owner an
appearance ticket requiring his or her appearance in court. The Building Inspector or
Zoning Officer shall also file proof of compliance with Subsection B above. In the
alternative, the Building Inspector or Zoning Officer or any complaining or aggrieved
party may file a written complaint, signed by the complaining party, with the Town
Justice specifying the conditions, acts, or omissions constituting a violation is taking
place, the name and address of the real property owner, occupant, lessee, tenant or other
party having control of the real property, and facts showing compliance with Subsection
B of this section. Upon receipt of such complaint, the Town Justice may issue a written
summons directing the property owner or other responsible party 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 or information previously filed.
§205-5. Variance procedure. [Added 4-12-1993 by L.L. No. 3-1993]
The Board of Appeals established pursuant to Chapter 270, Zoning, of the Code of the Town
of Ithaca may grant variances from the application of this chapter upon the following
conditions:
A. Any variance shall be prospective in its application and shall not relieve any person from
the penalties for violating this chapter by conditions that existed prior to the granting of
the variance.
B. An application for a variance shall be submitted to the Town Building Inspector or
Zoning Officer in a form substantially indicating the name and owner of the real
205:3 03-01-2010
§ 205-5 ITHACA CODE § 205-5
property, the nature of the condition for which a variance is sought, and the reasons for
which a variance is sought.
C. The applicant shall pay the Town the same fee as that set from time to time by Town
Board resolution for appeals to the Board of Appeals for variances. [Amended
12-7-2009 by L.L. No. 23-200931
D. The Board of Appeals shall hold a public hearing on the application and shall publish
notice of said public hearing at least five days prior to its date. At the option of the
Board of Appeals notice of said application shall also be given to all landowners owning
property adjoining the property for which a variance is sought. At the option of the
Board of Appeals a notice that a variance is sought shall also be posted on the property
in accordance with the posting provisions of Chapter 270, Zoning, of the Code of the
Town of Ithaca.
E. The Board of Appeals may grant a variance if it determines that the benefit to the
applicant if the variance is granted outweighs the detriment to the health, safety and
welfare of the neighborhood or community by such grant. In making such determination
the Board may consider, among other matters:
(1) Whether an undesirable change will be produced in the character of the
neighborhood or a detriment to nearby properties will be created by the granting of
the variance;
(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 proposed variance will have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district; and
(5) Whether the alleged difficulty was self-created, which consideration shall be
relevant to the decision of the Board of Appeals but shall not necessarily preclude
the granting of the variance.
F. The Board of Appeals, if it chooses to grant the variance, shall grant the minimum
variance that 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 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
3. Editor's Note:This local law also provided for an effective date of 1-1-2010.
205:4 03-01-2010
§ 205-5 PROPERTY MAINTENANCE § 205-5
purpose of minimizing any adverse impact such variance may have on the neighborhood
or community.
H. The variances and the procedure for obtaining same shall, except where explicitly
otherwise required by this chapter, be in accordance with the provisions of the Town
Law, particularly § 267 et seq., and Chapter 270, Zoning, provisions of the Code of the
Town of Ithaca relating to the consideration of area variances.
205:5 03-01-2010
Chapter 210
SEWER RENTS
§ 210-1. Title. § 210-7. Collection of other costs.
§ 210-2. Purpose and intent. § 210-8. Correction of errors.
§ 210-3. Definitions. § 210-9. Sewer Rent Fund.
§ 2104. Sewer rents. § 210-10. Applicability.
§ 210-5. Cooperation by owner of real § 210-11. Severability.
property. § 210-12. Superseding and amending of
§ 210-6. Payment and collection; liens prior legislation.
for unpaid sewer rents.
[HISTORY: Adopted by the Town Board of the Town of Ithaca 2-9-2004 by L.L. No.
3-2004. Amendments noted where applicable.]
GENERAL REFERENCES
Sewer use—See Chs.214-217. Water rates—See Ch.261.
§210-1. Title.
This chapter shall be known and may be cited as the"Town of Ithaca Sewer Rent Law."
§210-2. Purpose and intent.
A. The Town of Ithaca (the "Town') has established, by duly adopted procedures, a
Town-wide sewer improvement area and a Town-wide Town of Ithaca - Ithaca Area
Wastewater Treatment Plant Improvement Area as an addition to the Town-wide sewer
improvement area.
B. The Town, by the ordinances and local laws referred to below in this chapter, has
established sewer rents for the purposes permitted by, and in accordance with, General
Municipal Law Article 14-F, Town Law §§ 130, 133, 198, and 209-q.
C. The Town wishes to clarify and consolidate the various ordinances and local laws into
one restated sewer rent law.
D. The Town hereby finds and determines that the most equitable manner of collecting
funds from the various properties within the Town served by its sewer system (the
"Improvement Area") to defray the costs of operating, maintaining, and financing the
Town's sewer system and the Ithaca Area Wastewater Treatment Plant is to be based, to
the extent reasonably possible, upon the consumption of water on the premises connected
with and served by the said Improvement Area. All other costs of expenditures for
operating and maintaining the facilities of said Improvement Area shall continue to be
computed and assessed upon benefited real property pursuant the process conducted by
210:1 03-01-2010
§ 210-2 ITHACA CODE § 210-6
the Town annually for the purpose of making such assessments as the same may be
applied and modified from time to time hereafter.
§210-3. Definitions.
For the purposes of this chapter, unless otherwise provided in this chapter, the definitions set
forth in § 451 of the General Municipal Law shall be controlling.
§2104. Sewer rents. [Amended 12-7-2009 by L.L. No. 24-2009, ]
Pursuant to Subdivision 12-a of§ 209-q of the Town Law, Paragraph (1) of Subdivision 1 of
§ 198 of the Town Law, and Article 14-F of the General Municipal Law, the Town hereby
establishes and imposes sewer rents for the use of the sewer system or for any part or parts
thereof and establishes and imposes such sewer rents as a minimum charge. Pursuant to the
aforementioned laws, the Town Board shall set from time to time by resolution such sewer
rents and charges. Such resolutions shall be adopted after a public hearing upon five days'
public notice.
§210-5. Cooperation by owner of real property.
The Town Engineer may require each owner and/or occupant of real property within the
Town connected to the Town-wide sewer facilities to furnish such information as may be
necessary and reasonable in order to carry out the provisions of this chapter. Any duly
authorized officer, employee, contractor, or agent of the Town or other person duly authorized
by the Town, including employees or other persons associated with the Southern Cayuga Lake
Intermunicipal Water Commission, shall be permitted to enter on any property at reasonable
hours for the purpose of reading meters, inspecting, disconnecting, repairing or for any other
purposes reasonably necessary to carry out the provisions or purposes of this chapter.
§210-6. Payment and collection; liens for unpaid sewer rents.
A. All rents and charges due hereunder shall be payable quarterly and shall be paid to the
Town Clerk of the Town at the Town Offices at 215 North Tioga Street, Ithaca, New
York, except for such rents and charges which are due and payable to any other entity to
whom billing authority for sewer rents has been given or delegated by the Town.
B. The Town Clerk or other person authorized by the Town Board shall keep a record of all
properties within the Town which are connected to the Town-wide water system and the
Town-wide sewer system, and sewer bills shall be mailed to the owner or any other
person to whom a water bill is addressed, billed, or mailed by the Town or other entity
performing water billing services for the Town, and at the address appearing on said
water bill. If property is connected to the Town-wide sewer system but not to a
Town-operated water system, unless the property owner has directed the Town in writing
to use a different address, the sewer rent bill shall be sent to the address to which real
1. Editor's Note:This local law also provided for an effective date of 1-1-2010.
210:2 03-01-2010
§ 210-6 SEWER RENTS § 210-7
estate tax bills for the property are sent. The failure of any owner or other user to receive
a bill shall not excuse nonpayment thereof, nor shall it operate as a waiver of the penalty
herein prescribed. Notwithstanding any other provision in this chapter, all sewer rents,
surcharges or other fees or charges relating to sewer service, shall be a charge against the
owner of the premises connected with the Town-wide sewer system, and such owner
shall be liable for the payment of all such rents and charges, including penalties and
interest.
C. In the event any sewer rent is not paid within 30 days of the date of the bill, there shall
be added a penalty of 10% for late payment.
D. If sewer rents or other charges payable hereunder are not paid within 60 days from the
date on which they are due, the Town Supervisor or other person designated by the Town
Supervisor may cause a notice to be delivered or mailed to the owner or to any other
person designated by the owner addressed to the address to which bills are to be sent,
and to the occupant of the premises, addressed at the premises, stating the amount due
and demanding payment thereof within a period of at least 10 days of the date of the
notice and stating that if such payment is not made, the sewer service shall be
discontinued, without further notice, and, at the expiration of such period the Town
Supervisor, or any employee or officer of the Town designated by the Town Supervisor,
or the Town Board, or any person referred to in § 210-5 above, may enter on said
premises and cause the sewer service to be disconnected.
E. Sewer rents and any other charges payable hereunder shall constitute a lien on the real
property served by the sewer system. The priority of such lien, and the enforcement
thereof shall be in accordance with Article 14-F of the General Municipal Law which
presently provides that the lien shall be prior and superior to every other lien or claim
except the lien of an existing tax, assessment or other lawful charge enforced by or for
the state or a political subdivision or district thereof.
F. The Town may bring an action a) as upon contract, for sewer rents, surcharges thereto,
and all other charges incurred by the owner of property in connection with sewer service,
which are in arrears, together with interest and penalties thereon, or b) to foreclose liens
for such sewer rents and surcharges. Also, in the alternative, the Town Board may cause
any unpaid sewer rents, surcharges, or other charges to be levied and collected in the
same manner and in the same time as the Town and county tax in accordance with the
provisions of Article 14-F (Subdivision 4 of § 452) of the General Municipal Law, or
any amendment thereof.
§210-7. Collection of other costs.
Any costs and expenses or other charges other than those hereinbefore described, incurred by
the Town because of any repair or other work to the sewer system or otherwise for which the
owner of any property served by or connected with the sewer system is obligated under this
chapter or any other local law, ordinance, statute or provision of law, shall be collected in the
manner provided for the collection of sewer rents in this chapter, and shall be a lien upon the
property and enforceable in accordance with the provisions of this chapter, or any other
applicable provision of law.
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§ 210-8 ITHACA CODE § 210-8
§210-8. Correction of errors.
If any owner of real property on which a sewer rent has been imposed deems himself or
herself aggrieved because such real property is not served by the sewer system or an error has
been made in computing such sewer rent, he or she may file an application for a refund of all
or part of such sewer rent. Such application shall be verified by the owner and shall set forth
the amount of refund sought and the grounds therefor. Such application shall be presented to
210:4 03-01-2010
§ 230-8 STREETS AND SIDEWALKS § 230-10
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
Hanshaw 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.
230:5 03-01-2010
§ 234-8 SUBDIVISION OF LAND § 234-10
§234-8. Fees.
A. There shall be paid to the Town the application fees, review fees, hearing and/or agenda
fees, escrow deposits, SEQR fees and other charges as set from time to time by Town
Board resolution, as set forth in Chapter 153, Fees, of the Code of the Town of Ithaca,
and as set forth in any other applicable chapter or law. [Amended 7-12-2004 by L.L.
No. 7-2004; 12-7-2009 by L.L. No. 25-20096]
B. The time of payment of such fees, the process for calculating, depositing and/or paying
same, and the circumstances under which the fees or deposits may be modified shall all
be as set forth in Chapter 153, Fees, of the Town of Ithaca Code. [Amended 12-7-2009
by L.L. No. 25-20097]
C. The Town officials receiving such fees shall issue a receipt stating the purpose of the
payment. This receipt must be filed with the application as evidence of payment.
§ 234-9. Violations and penalties.
A. A violation of these regulations is an offense, punishable as set forth in § 268 of the
Town Law.
B. Notwithstanding any other provisions of these regulations, the Planning Board may
refuse preliminary or final subdivision approval to a subdivider, as long as the
subdivider, or any person or entity under or in the control of such subdivider, is in
default in the performance of any actions required of them pursuant to law or pursuant to
conditions imposed in connection with a previously approved subdivision in the Town of
Ithaca.
§234-10. Appeals and waivers.
A. The appeal by an aggrieved person for a review of the determination of the Building
Inspector, Town Engineer, or Town Planner as provided for in § 234-3A of these
regulations shall be made in writing, shall set forth in a reasonably concise manner the
determination from which an appeal is made and a full statement of the particulars and
reasons why the subdivider believes the appeal should be reviewed in such detail on such
forms as may be required by the Planning Board. Such appeal must be filed with the
Secretary of the Planning Board at least 14 days prior to the meeting of the Planning
Board at which the appeal shall be heard. The Planning Board in its sole discretion may
waive the aforesaid requirement and permit an appeal to be reviewed in a shorter period
of time. The Planning Board shall render its decision in writing within 30 days of the
meeting at which the appeal is reviewed.
B. Waivers. When the strict application of any of the specifications and provisions of these
regulations will cause unnecessary or significant hardship or practical difficulties, the
Planning Board may waive any such specification or other provision provided that the
6. Editor's Note:This local law also provided for an effective date of 1-1-2010.
7. Editor's Note:This local law also provided for an effective date of 1-1-2010.
234:7 03-01-2010
§ 234-10 ITHACA CODE § 234-14
Planning Board determines that neither a significant alteration of the purpose of
subdivision control is made, nor the policy enunciated or implied by the Town Board in
adopting these regulations is impaired. Whenever any such waiver is granted, a copy
thereof must be immediately delivered to the Town Clerk for distribution to the members
of the Town Board.
C. An appeal from any determination of the Planning Board shall be made in accordance
with the requirements of Article 78 of the New York Civil Practice Law and Rules.
§234-11. Amendments and rules.
These regulations may be amended from time to time by the Town Board. The Planning
Board may adopt and amend rules for the administration and implementation of these
regulations, provided they are not in conflict therewith. A copy of any such amendments shall
be distributed to the Town Clerk for distribution to the Town Board members.
§234-12. Severability.
A final determination by a court of competent jurisdiction that any one or more of the
provisions of these regulations are illegal, unconstitutional or otherwise void shall not affect
the validity of all other provisions and such other provisions shall continue to be enforceable
and in full force and effect.
§234-13. When effective.
These regulations shall be effective upon adoption by the Planning Board and approval of the
Town Board. The Planning Board may direct that a notice of the adoption shall be published
in the official newspaper within 10 days of the approval by the Town Board.
ARTICLE II
General Procedures for Subdivision Review
§234-14. Sketch plans and preapplication information.
When required by the Planning Board or Town Planner, the subdivider shall present a sketch
plat and supporting data for purposes of informal review and discussion. When not otherwise
required, a sketch plat may be submitted at the option of the applicant. When provided, a
sketch plat should include the following information:
A. General subdivision information outlining the existing conditions of the site and the
proposed development.
B. A location map showing the relationship of the proposed subdivision to existing
community facilities.
C. A plat showing in simple form the proposed layout of streets, lots, and other features of
the proposed subdivision.
234:8 03-01-2010
§ 234-14 SUBDIVISION OF LAND § 234-16
D. A Town of Ithaca Short Environmental Assessment Form, Part I, which should be
completed and filed with the Planning Board at the time of sketch plat review.
E. A fee or deposit in the amount set from time to time by Town Board resolution.
[Amended 7-12-2004 by L.L. No. 7-2004; 12-7-2009 by L.L. No. 25-20099]
§234-15. Preliminary subdivision review.
A. The procedure for preliminary subdivision review shall be as provided for in these
regulations and Town Law §§ 276 through 281, as they may from time to time be
amended. The preliminary plat, topographic map, street profiles and all other necessary
information shall be in full compliance with the provisions of Town Law and these
regulations except where variations therefrom may be specifically authorized by the
Board.
B. The subdivider shall submit to the Town Planner or the Town Planner's designee a
development review application, a preliminary plat in the form required by Article VI, §
234-36, the Town of Ithaca Environmental Assessment Form, Part I, a stormwater
pollution prevention plan meeting the requirements of Town Code Chapter 228, and 20
reduced copies of the improvement plans and other information required by these
regulations. All required information must be received by the Planning Department at
least 20 business days prior to the Planning Board meeting at which the subdivision will
be considered. [Amended 2-11-2008 by L.L. No. 5-20081
C. The applicant shall post a public notice sign on the property at least 14 and no more than
30 days prior to the public hearing as specified in § 234-41), as amended. Failure to post
or maintain the signs as provided in this subsection shall not be a jurisdictional defect
and any action taken by the Planning Board in connection with the application shall not
be nullified or voidable by reason of the failure to comply with this subsection. However,
the failure to post or maintain the sign may be grounds, should the Planning Board in its
discretion so determine, to deny the application sought or to decline to hear the matter at
the scheduled meeting date by reason of the failure to have the appropriate signs installed
and/or maintained. The Planning Board may, on good cause shown, waive the
requirement of the posting of signs as called for by this section and by the applicable
provisions of Chapter 270, Zoning.
D. Any action or determination of the Planning Board approving an application, in whole or
in part, whether final or preliminary, shall be revocable, in whole or in part, if the action
or determination was made in reliance on any misrepresentation, concealment, or other
fraudulent act or statement by the applicant or was based on a mistake as to a material
matter.
§ 234-16. Final subdivision review.
A. The procedure for final subdivision review shall be as provided for in these regulations
and Town Law §§ 276 through 281, as they may from time to time be amended. The
8. Editor's Note:This local law also provided for an effective date of 1-1-2010.
234:9 03-01-2010
§ 234-16 ITHACA CODE § 234-18
subdivider must file with the Board an original and four copies of the final subdivision
plat and street profiles in the form described in Article VI, § 234-38, except where
variations therefrom may be specifically authorized by the Board. The subdivider must
also file a modified stormwater pollution prevention plan meeting the requirements of
Town Code Chapter 228, if modifications are necessary to comply with any conditions
imposed as part of the preliminary plat approval. [Amended 2-11-2008 by L.L. No.
5-2008]
B. The final plat and improvement plans shall be submitted to the Town Planner or Town
Planner's designee at least 20 business days prior to the date of the Planning Board
meeting at which time final approval is requested. The Town Planner shall enter the date
of receipt on the material submitted.
C. The Planning Board shall, within 45 days from the date of submission of the final plat,
conditionally approve with or without modifications, disapprove, or grant final approval
and authorize signing of such plat. The Planning Board may also, for good reason, cause
the extension of this review period. Such approval shall, however, not be deemed final
until the subdivider has complied with the provisions of the following subsections:
(1) The subdivider shall tender "offers of cession," in a form certified as satisfactory
by the Town Attorney, of all land included in streets, highways or other public
improvements. However, approval of the plat by the Planning Board shall not
constitute acceptance by the Town Board of any street, highway, or other public
improvements.
(2) The subdivider shall obtain and file with the Planning Board a letter from the
Tompkins County Department of Health indicating satisfactory design compliance
with the realty subdivision provisions of the County Sanitary Code.
§234-17. Modifications of final plat.
If there are modifications of the final plat requested by the subdivider subsequent to its filing
in the office of the County Clerk, such requests shall be made in writing to the Town
Engineer, who is hereby empowered to approve minor, practical modifications on behalf of
the Planning Board. When, in the opinion of the Town Engineer, the requested modifications
are substantial in nature, scope or extent, and materially affect the subdivision plat as
approved by the Planning Board, the subdivider shall not proceed without the approval of the
Planning Board. Such approval may be granted at any public meeting of the Board called for
this purpose. The Town Engineer shall report any modifications approved by him to the
Planning Board at its next regularly scheduled meeting.
ARTICLE III
Interpretations and Definitions
§234-18. Internal references.
References herein to articles, sections, subsections, and paragraphs are to those parts of these
regulations, unless context indicates otherwise.
234:10 03-01-2010
§ 234-19 SUBDIVISION OF LAND § 234-19
§234-19. Construction.
For the purposes of these regulations, the language set forth shall be interpreted according to
the following rules of construction:
A. The singular includes the plural.
B. The plural includes the singular.
C. The word "shall' means the action is mandatory.
234:10.1 03-01-2010
§ 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.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 4-12-20041
(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
250:7 03-01-2010
§ 250-17 ITHACA CODE § 250-21
§250-17. Stopping of motor vehicles.
The stopping of motor vehicles, other than in accordance with erected traffic control devices,
or as may be required by traffic conditions, is prohibited in the following locations:
A. Buttermilk Falls Road West in its entirety.
B. Buttermilk Falls Road East in its entirety.
§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.
§250-20. 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 § 250-12 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.
C. Any vehicle parked or abandoned on any highway within the Town of Ithaca where
stopping, standing or parking is prohibited, may be removed by the Town of Ithaca.
250:8 03-01-2010
§ 250-22 VEHICLES AND TRAFFIC § 250-25
§250-22. Storage and charges.
The Town of Ithaca may store any vehicle removed pursuant to § 250-15 in a suitable place at
the expense of the owner. The owner, or person in charge of the vehicle, may redeem the
same upon payment to the Town of Ithaca of the amount of all expenses actually and
necessarily incurred in effecting such removal.
§250-23. Notice of removal.
The Town of Ithaca shall report promptly the removal and disposition of any vehicle pursuant
to §§ 250-15 and 250-16 to the County Sheriff. The Town shall also ascertain, to the extent
possible, the owner of the vehicle or person having the vehicle in charge and make reasonable
efforts by mail to notify that person of the removal and disposition of the vehicle and of the
amount required to redeem the vehicle.
§250-24. Review.
The owner, or the person in charge, of a vehicle that has been removed pursuant to § 250-15
may request a hearing to challenge the assessment of any expense imposed pursuant to
§ 250-16. The request for a hearing shall be in writing and shall be filed with the Town Clerk
within 15 days of receiving notice of the removal of the vehicle. The hearing shall be held
within 10 days after the request has been filed. The hearing shall be conducted by the Town
Supervisor or any other impartial person designated by the Town Supervisor. The scope of the
hearing shall be solely to determine whether the removal of the vehicle was authorized by
§ 250-15. The sole effect of a determination that the removal of the vehicle was not
authorized by § 250-15, shall be that the owner or person in charge of the vehicle shall not be
responsible for the expenses of towing and storage. Nothing in this article is intended to affect
the liability of the Town of Ithaca for any damage done to any vehicle during towing or
storage.
§250-25. When effective.
A. This article shall be effective 10 days after publication and posting in accordance with
§ 133 of the Town Law except those parts, if any, which are subject to approval under
§ 1684 of the Vehicle and Traffic Law of the State of New York (relating to approval of
traffic control devices on state roads).
B. Any part or parts of this article which are subject to approval under § 1684 of the
Vehicle and Traffic Law of the State of New York shall take effect from and after the
day on which approval in writing is received from the New York State Department of
Transportation.
250:9 03-01-2010
Chapter 261
WATER RATES
§ 261-1. Definitions. § 261-6. Right of entry.
§ 261-2. Revenues. § 261-7. Compliance required.
§ 261-3. Rates, rents and charges. § 261-8. Permit required for connection
§ 2614. Payment procedures. or repair.
§ 261-5. Costs, expenses and other § 261-9. Penalties for offenses.
charges. § 261-10. Repealer.
[HISTORY: Adopted by the Town Board of the Town of Ithaca 8-23-1976 by L.L. No.
2-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Sewer rents—See Ch.210. Water protection—See Ch.256.
Sewer use—See Chs.214-217.
§261-1. Definitions.
CHARGE or CHARGES — Includes any surcharges which may be established under this
chapter.
COMMISSION — The Southern Cayuga Lake Intermunicipal Water Commission unless
otherwise expressly stated.
CONTRACTING MUNICIPALITY — Any municipality, public authority, public agency or
public benefit corporation with whom the Town contracts to deliver, receive, treat and
distribute a supply of water.
DWELLING UNIT — A dwelling, or portion of a dwelling, providing complete living
facilities for one family.
MUNICIPAL WATER SYSTEM (also referred to herein as "waterworks system" or "water
system")— The water system, or any portion thereof, either separately owned, operated, and
maintained by the Town of Ithaca or owned, operated, and maintained jointly with other
municipalities and administered by the Southern Cayuga Lake Intermunicipal Water
Commission, and shall include all component parts and facilities thereof including, without
limitation, reservoirs, mains, pipes, treatment plants, storage tanks, intake facilities and all
other appurtenances which are used or useful in whole or in part for the collection,
impounding, treatment or distribution of water.
WATER RATE— The water rent, rate, charge, or surcharge imposed or levied by the Town
of Ithaca, New York, for the use of water through the municipal water system.
261:1 03-01-2010
§ 261-2 ITHACA CODE § 261-4
§ 261-2. Revenues.
All revenues imposed hereunder, together with all interest and penalties thereon, shall be
designated in such manner as to identify them as water revenue funds. All such revenues
derived from such water service and operation of the water system shall be applied towards
the payment of the cost of operation and maintenance of the waterworks system and the
facilities, extensions and improvements thereof, and toward the payment of the cost of
construction thereof including the payment of principal and interest on outstanding serial
bonds or other obligations issued or incurred in connection with such waterworks system.
§ 261-3. Rates, rents and charges. [Amended 9-11-1978 by L.L. No. 1-1978; 12-7-2009
by L.L. No. 26-20091]
A. The Town Board shall set from time to time by resolution the schedule of water rates,
rents or charges for the use of water and for the purposes hereinabove set forth.
B. Notwithstanding the provisions of the schedule of water rates, rents or charges set by the
Town Board, if there are existing contracts between a bulk user and the Town pursuant
to which the Town, for other considerations, agreed to charge a water rate different than
that required by the schedule, the Town may continue to honor such contracts at the rates
therein prescribed or at such other rates as may be agreed to between the Town of Ithaca
and the other contract party. Nothing in this subsection shall preclude the Town, if it
deems it advisable, from charging said bulk user the rates that would otherwise be
required by the schedule.
§2614. Payment procedures.
A. All water rates and charges due hereunder shall be paid to the Town Clerk of the Town
of Ithaca at the Town offices at 215 North Tioga Street, Ithaca, New York.
B. The Town Clerk or other person authorized by the Town Board shall keep a record of all
properties within the Town of Ithaca which are connected to the municipal water system
and the municipal sewer system and bills shall be mailed to the owner or any other
person to whom a water bill is addressed, billed or mailed by the Town and at the
address appearing on said bill. The failure of any person to receive a bill shall not excuse
nonpayment thereof, nor shall it operate as a waiver of the penalty herein prescribed.
Notwithstanding any other provision in this chapter, all water rates, charges, including
surcharges, or other fees relating to water service, shall be a charge against the owner of
the premises connected with the municipal water system, and such owner shall be liable
for the payment of all such rates and charges, including penalties and interest.
C. If water rates or other charges payable under this chapter are not paid within 30 days
from the date on which they are due, an additional charge or penalty of 10% shall be
added to the water rates or charges due. For this purpose, the date on which such rates
are deemed due is the date on which the bill is issued or, if no bill is issued the 15th day
following the close of each calendar quarter during which water was consumed (i.e., the
1. Editor's Note:This local law also provided for an effective date of 1-1-2010.
261:2 03-01-2010
§ 2614 WATER RATES § 261-4
due date for water rates relating to water consumed in the first calendar quarter of the
year shall be April 15). The Town Supervisor, or other person designated by the
Supervisor, in the event such rates or charges are not paid within 60 days from the date
on which they are due, may cause a notice to be delivered or mailed to the owner or to
any other person designated by the owner, addressed to the address to which bills are to
be sent, and to the occupant of the premises, addressed at the premises, stating the
amount due and demanding payment thereof within a period of at least 10 days of the
date of the notice and stating that if such payment is not made, the water service may be
discontinued, without further notice, and, at the expiration of such period the Town
Supervisor, or any employee or officer of the Town or of any contracting municipality or
the Commission, designated by the Supervisor or the Town Board, may enter on said
premises and cause the water service to be disconnected. In addition to any other charges
due to the Commission or Town, there shall also be due to the Town a charge for
disconnecting and a charge for reconnecting such water service. Such charges shall be set
from time to time by Town Board resolution [Amended 8-11-1997 by L.L. No. 3-1997;
12-7-2009 by L.L. No. 26-20092
D. Water rates and charges, including any surcharges thereto, shall constitute a lien on the
real property served by the water system and shall be a charge against the owner or agent
of such real property. The priority of such lien, and the enforcement and collection
thereof and of such rates and charges shall be in accordance with Subdivision 3(d) of
§ 198 of the Town Law and in accordance with all other provisions of the Town Law
and Tax Law of the State of New York, and this chapter, not inconsistent with the said
subdivision and section. All delinquent accounts for the payment of water rates and other
charges hereunder which remain unpaid as of the end of each year shall be placed on the
tax roll for collection in accordance with the provisions of § 198 of the Town Law or
other applicable provisions of law. For purposes of providing the information required to
implement the provisions of§ 198, Subdivision 3(d), of the Town Law, the Town Clerk
shall, no later than November 1 of each year provide the statements showing unpaid
water charges as of the immediately preceding October 15, which statements shall
contain the information and be utilized as set forth in § 198, Subdivision 3(d), of the
Town Law. Failure to provide the statements by such date, or to include all unpaid water
rates as of said October 15, shall not invalidate any amounts that are included on a
subsequently supplied statement nor shall it invalidate the levy of any unpaid water rates
on any tax bill. [Amended 8-11-1997 by L.L. No. 3-19971
(1) Real property shall be deemed to include all property, dwelling units or other
structures which i) are connected with the water system or ii) are not connected
with the water system but which can be connected by a building lateral running
from any structure on said premises to a transmission main or lateral in an adjacent
public street, alley, or thoroughfare, or in a public easement running to such
premises from any such transmission main or lateral, or iii) are not connected with
the water system but for which the Town has agreed to accept an easement on such
premises and to construct, at public expense, a water main in such easement to a
point which is either the point of connection of any building lateral with a public
water main serving such premises prior to the construction of the Southern Cayuga
2. Editor's Note:This local law also provided for an effective date of 1-1-2010.
261:3 03-01 -2010
§ 261-4 ITHACA CODE § 261-6
Lake Intermunicipal water system or a point on such premises which is no closer
than 50 feet to the foundation wall of any building on such premises which is to be
connected with the water system.
(2) If the property is not connected to the municipal water system, then the Town
Board or the Town Supervisor or other Town officer or employee shall determine:
(a) The quarterly water bill for said property which shall be the average amount
paid by owners or users of a representative number of structures of
comparable size, water use or occupancy; or
(b) A minimum sum of dollars for each structure, or if a dwelling unit is
contained on said structure, a minimum of$1 for each separate dwelling unit
in said structure;
Whichever is the larger of Subsection D(2xa) and(b).
E. To enforce the collection of water rates or other charges of fees due under this chapter,
including all interest and penalties, the Town may bring an action as upon contract for
such water rates, charges and other sums, or to foreclose liens for water rates and such
charges; in addition, all such unpaid charges and rates may be collected and enforced as
provided for in Subdivision 3(d) of§ 198 of the Town Law. The Town may pursue any
one or more of the aforesaid remedies, separately or simultaneously until all sums due to
the Town have been collected in full.
§261-5. Costs, expenses and other charges.
Any costs and expenses or other charges other than those hereinbefore described, incurred by
the Town because of any repair or other work to the water system or otherwise for which the
owner of any property served by or connected with the water system is obligated under this
chapter or any rule, regulation, resolution or other ordinance, statute or provision of law, shall
be collected in the manner provided for the collection of water rates in this chapter, and shall
be a lien upon the property and enforceable in accordance with the provisions of this chapter
or any other applicable provision of law.
§261-6. Right of entry.
Any duly authorized officer, employee, contractor, or agent of the Town or other person duly
authorized by the Town Supervisor, the Town Board or by the Commission shall be permitted
to enter on any property at reasonable hours for the purpose of reading meters, or inspecting,
disconnecting, repairing or replacing the same or for any other purpose reasonably necessary
to carry out the provisions or purposes of this chapter.
261:4 03-01-2010
§ 261-7 WATER RATES § 261-10
§261-7. Compliance required.
Each property owner shall comply with all laws, ordinances, rules and regulations of i) the
Town of Ithaca and, when not inconsistent with the foregoing, or ii) the Commission and any
contracting municipality pertaining to and applicable to consumers of water in the Town of
Ithaca.
§ 261-8. Permit required for connection or repair.
A. No person, association, corporation or any other group of persons shall i) connect with or
use the Town water system without applying for and obtaining a permit from the Town
Clerk and such other person or agency designated by the Town Board, and ii) install,
repair, alter, or otherwise tamper with a water meter unless authorized by the Town
Supervisor, Town Board or the Commission, or unless such work is done pursuant to a
permit.
B. No such permit shall be issued unless a valid building permit has been granted or the
erection of any structure for which the water connection is sought, whether such structure
has been heretofore or hereinafter erected, or a valid certificate of occupancy has been
issued.
C. Any duly authorized officer or employee of the Town may refuse to issue such permit or
may revoke such a permit unless a valid building permit or certificate of occupancy is
issued and delivered to such officer or employee.
§ 261-9. Penalties for offenses.
The violation of each provision of §§ 261-7 and 261-8 of this chapter shall constitute a
violation. The punishment for each such violation shall be a fine not exceeding $100 for each
such separate violation of the provisions of said sections or imprisonment for a period of not
more than 30 days, or both. The Town may also proceed to recover a civil penalty in the
amount of $100 for the violation of each such separate provision of the aforesaid sections.
The Town Board may also maintain an action or proceeding in the name of the Town in a
court of competent jurisdiction to compel compliance with, or to restrain by injunction the
violation of, any such provisions of the aforesaid sections.
§261-10. Repealer.
The prior ordinance and regulations adopted July 10, 1972, as they may have been amended,
are hereby repealed.3
3. Editor's Note: Schedule A,Water Rate Schedule,as amended,which immediately followed this section,was repealed
12-7-2009 by LL No.26-2009;said local law also provided for an effective date of 1-1-2010.
261:$ 03-01-2010
ZONING
§ 270-166. Minimum usable open § 270-187. Waiver of requirements.
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
approval.
§ 270-172. Purpose.
§ 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.
270-179. Zones to which applicable. §.270-201. Modifications of special
§ PP 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 of occupancy. 270-206. Nonconforming uses of
structures.
§ 270-184. Applicability.
§ 270-207. Interruption of
§ 270-185. Procedure. nonconforming use.
§ 270-186. Site plan requirements.
270:5 03-01-2010
ITHACA CODE
§ 270-208. Dwellings on nonconforming § 270-222. Porches and carports.
lots. § 270-223. Fences and walls; retaining
§ 270-209. Continuation of walls.
construction. § 270-223.1. Terraces, steps, and
§ 270-210. Alterations in use. unroofed structures.
§ 270-211. Restoration. § 270-224. Projections in yards.
§ 270-212. Board of Appeals § 270-225. Reduction of lot area.
determination. § 270-226. More than one building on a
§270-213. Variance criteria. lot.
§ 270-214. Amortization of certain § 270-227. Parldng facilities.
nonconforming uses relating § 270-228. Approval of County Health
to pre-1991 residential Department.
occupancies. § 270-229. Abandoned cellar holes and
§ 270-214.1. Nonconforming farms in buildings.
Medium Density Residential
Zones. § 270-230. Agricultural lands in
County Agricultural
ARTICLE XXVI Districts.
Special Regulations
ARTICLE XXVIII
§ 270-215. Mobile homes and trailers. Administration
§ 270-216. Elder cottages. § 270-231. Enforcement.
§ 270-217. Extraction or deposit of fill § 270-232. Applications for approvals,
and related products. remedies or relief
§ 270-218. Limitations on vehicle § 270-233. Permit to build.
repair garages and gasoline
sales stations. § 270-234. Certificate of occupancy.
§ 270-219. Telecommunications § 270-235. Zoning Board of Appeals.
facilities. § 270-236. Planning Board.
§ 270-219.1. Solar collectors and § 270-237. Posting of notices.
installations. § 270-238. Entry and inspection.
§ 270-219.2. Limitations on home § 270-239. Violations and penalties.
occupations. § 270-240. Amendments.
§ 270-219.3. Amateur radio facilities. § 270-241. Validity.
§ 270-219.4. Small wind energy facilities. § 270-242. Existing Zoning Ordinance
ARTICLE XXVII amended, readopted and
reenacted.
General Provisions
§270-243. Fees.
§ 270-220. Building floor area. § 270-244. Effective date.
§ 270-221. Side yard on corner lot. § 270-245. Transition provisions.
270:6 03-01-2010
§ 270-5 ZONING § 270-5
(1) Books, magazines, periodicals, or other printed matter or photographs, films,
motion pictures, video cassettes, slides or other visual representations, which are
characterized by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas, or
(2) Instruments, devices or paraphernalia which are designed for use in connection
with specified sexual activities.
C. Adult cabarets meaning any nightclub, bar (including establishments which do not serve
alcoholic beverages), restaurant, or similar establishment, which regularly features live
performances characterized by exposure of specified anatomical areas or by specified
sexual activities or films, motion pictures, video cassettes, slides or other photographic
reproductions characterized by an emphasis upon the depiction or description of specified
sexual activities or specified anatomical areas.
D. Adult motion-picture theater where, for any form of consideration, films, motion pictures,
video cassettes, slides or other photographic reproductions are regularly shown, and in
which a substantial portion of the total presentation time is devoted to the showing of
material characterized by an emphasis upon the depiction or description of specified
sexual activities or specified anatomical areas.
E. Adult theater meaning a theater, concert hall, auditorium or similar establishment which,
for any form of consideration, regularly features live performances in which a substantial
portion of the total presentation time is devoted to the exposure of specified sexual
activities or specified anatomical areas.
F. Massage parlor where, for any form of consideration, massage, alcohol rub, fomentation,
electric or magnetic treatment or manipulation of the human body is administered, unless
by a medical practitioner, chiropractor, acupuncturist, physical therapist, licensed
massage therapist, or similar professional person licensed by the state. This definition
shall not be deemed to include an athletic club, health club, school, gymnasium, reducing
salon, spa or similar establishment where massage or similar manipulation of the human
body is offered as an incidental accessory service.
G. Peep show where, for any form of consideration, persons may observe from individual
enclosures shows which regularly feature live performances characterized by exposure of
specified anatomical areas or by specified sexual activities or films, motion pictures,
video cassettes, slides, computer generated images, or other photographic reproductions
characterized by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas.
ALTERATION—
A. As applied to a building or structure:
(1) An enlargement by increasing in height or by extending on a side, front, or back;
(2) Moving from one location or position to another;
(3) Any change, addition, or removal of the structural parts; or
270:9 03-01-2010
§ 270-5 ITHACA CODE § 270-5
(4) Any change, addition, or removal of partitions, or any change in walls, ceiling,
windows, or doors.
B. The term "ALTER," in its various modes and tenses and its participial form, refers to the
making of an alteration.
AMATEUR RADIO FACILITIES — Structures and equipment used by amateur radio
operators who are licensed by the Federal Communications Commission, including antennas,
towers, rotors, mounts, guy wires and anchors, but this term shall not include mobile
equipment that is contained in a car or other motor vehicle or is completely portable and not
affixed in any manner to realty (the exception for mobile equipment does not extend to any
antennas attached, directly or indirectly, such as on a tower or other structure, to realty or to
other facilities used in connection with such mobile equipment). [Added 8-13-2007 by L.L.
No. 7-20071
BASEMENT — That portion of a building that is partly or completely below grade and is
not considered a "story above grade," as that term is defined in this section. [Amended
10-19-2009 by L.L. No. 13-20091
BED-AND-BREAKFAST— A building originally built and used as a dwelling other than a
hotel or motel in which accommodations for transients are regularly offered for compensation
and which accommodations include provision of at least one meal, and in which building no
more than four bedrooms are utilized for such accommodations.
BOAT — A vehicle designed for travel in or on water. [Added 7-13-2009 by L.L. No.
10-2009]
BOAT LAUNCH/RAMP — Facility to launch and retrieve boats. [Added 7-13-2009 by
L.L.No. 10-2009]
BOAT LIFT/BOAT HOIST — Any mechanical device used to raise or lift a boat out of the
water for waterside storage or storage above the water's surface. [Added 7-13-2009 by L.L.
No. 10-20091
BUILDING— A structure having a roof supported by columns or by walls and intended for
shelter, housing, protection or enclosure of persons, animals or property.
BUILDING, ACCESSORY— A detached building subordinate and clearly incidental to the
principal building on the same lot and used for purposes customarily incidental to those of the
principal building.
BUILDING AREA — The total areas taken on a horizontal plane at the main grade level of
the principal building and all accessory buildings exclusive of uncovered porches, terraces and
steps.
BUILDING CODE — The New York State Uniform Fire Prevention and Building Code (9
NYCRR Part 600 et seq.) as the same may be amended from time to time, and any successor
regulations, laws or codes.
BUILDING LINE — The line formed by the intersection of the vertical plane that coincides
with the most projected exterior point of a building on any side and the ground. Front, side,
270:10 03-01-2010
§ 270-5 ZONING § 270-5
and rear building lines are respectively the building lines closest to the highway right-of-way,
side property line and rear property line.
BUILDING-MOUNTED SMALL WIND ENERGY FACILITY — A small wind energy
facility that is specifically designed for installations on the roofs, sides or other elevated
surfaces of buildings. [Added 8-11-2008 by L.L. No. 13-20081
BUILDING, PRINCIPAL — A building within which is conducted the primary uses of the
lot on which the building is located.
CATERER — A person or enterprise that prepares food for hire for consumption
predominantly off premises.
CELLAR— That space of a building that is partly or entirely below grade, which has more
than half of its height, measured from floor to ceiling, below the average fmished grade of the
ground adjoining the building.
CHILD DAY-CARE CENTER— A facility, home, or other establishment defined as a child
day-care center in § 390 of the Social Services Law providing child care for seven or more
children for hire licensed by the New York State Department of Social Services at which day
care is provided for hire, and which is not a school, day-care home, family day-care home, or
group family day-care home. (See also "day-care home," "family day-care home," "group
family day-care home.")
CLINIC — A building or any part of a building which is used for the group practice of
medicine by several physicians in which certain facilities other than reception are shared by
the occupants and in which patients are diagnosed or treated by physicians practicing as a
group.
CLUBHOUSE or LODGE — A building or premises used exclusively by members of an
organization and their guests which premises or buildings are devoted to recreational or
athletic purposes, not primarily conducted for gain. It excludes commercial and merchandising
activities for other than its own membership.
COMMERCIAL COMPOSTING FACILITY — A facility which accepts materials for
composting from locations other than the property on which the facility is located. A
commercial composting facility does not include composting facilities where the materials
deposited for composting originate solely from the property on which the facility is located, or
from a property on which activities are conducted by the owner of the composting facility that
are related to the activities that are conducted on the property on which the facility is
located. [Added 8-1-2005 by L.L. No. 7-20051
COMMUNITY RESIDENCE — A facility for adult residents operated by or subject to
licensure by the Office of Mental Health or the Office of Mental Retardation and
Developmental Disabilities of the State of New York defined as a Community Residence in
the Mental Hygiene Law.
DAY-CARE HOME — A facility, home, or other establishment at which day care is
provided for hire for more than three hours per day per child for no more than two children.
270:11 03-01-2010
§ 270-5 ITHACA CODE § 270-5
DEER FENCE — A fence commonly used to protect gardens, vegetation and yards from -
deer and constructed so that at least 85% of its face is open when viewed from a position that
is at a right angle to the fence. Notwithstanding the foregoing, chain link fences shall not be
considered deer fences under this chapter even if they meet the criteria in this definition.
[Added 11-9-2009 by L.L. No. 14-2009]
DOCK— A structure built over or floating upon the water and used as a landing place for
boats, fishing, swimming or other uses. [Added 7-13-2009 by L.L. No. 10-20091
DOMESTIC ANIMALS — Domesticated horses, ponies, donkeys, sheep, cattle, llamas,
goats, pigs, ducks, geese, chickens, swans, turkeys, rabbits, cats, dogs, or other domesticated
animals found to be of a similar nature by the Zoning Board of Appeals, kept and maintained
for personal use rather than for commercial uses, and not generally available for sale.
DRIVE-THROUGH OR DRIVE-IN FACILITY — An establishment or facility that by
design of physical facilities permits customers to receive a service or obtain a product
(including food) while remaining in a motor vehicle on the premises.
DWELLING— A building designed or used primarily as the living quarters for one or more
families.
DWELLING UNIT — A dwelling, or portion of a dwelling, providing complete living
facilities for one family.
ELDER COTTAGE — A separate, detached, temporary one-family dwelling, accessory to a
one- or two-family dwelling on a lot erected and occupied in accordance with the provisions
of§ 270-216 of this chapter.
EQUESTRIAN FACILITY—
A. A facility available to the public providing one or more of the following services for
compensation:
(1) Horse-riding lessons.
(2) Horse training.
(3) Leasing of horses.
(4) Boarding of horses.
(5) Sale of horses other than an occasional sale of a horse owned and used solely for
personal purposes by the owner of noncommercial facility.
B. For the purpose of this definition, a pony or donkey shall be included in the term
"horse."
FAMILY—
A. An individual, or
B. Two or more persons occupying a single dwelling unit, related by blood, marriage, or
legal adoption, living and cooking together as a single housekeeping unit, or
270:12 03-01-2010
§ 270-5 ZONING § 270-5
C. Two unrelated persons, occupying a single dwelling unit, living and cooking together as
a single housekeeping unit.
D. Notwithstanding the provisions of Subsection C of this definition, a group of unrelated
persons numbering more than two shall be considered a family upon a determination by
the Zoning Board of Appeals that the group is a functional equivalent of a family
pursuant to the standards enumerated in Subsection F herein.
E. Before making a determination whether a group of more than two unrelated persons
constitutes a family for the purpose of occupying a dwelling unit, as provided for in
Subsection D of this definition, the Zoning Board of Appeals shall hold a public hearing,
after public notice, as is normally required for the obtaining of a variance. The fee for
such an application shall be the same as is required for an application for a variance. Said
application shall be on a form provided by the Zoning Board of Appeals or Zoning
Enforcement Officer.
F. In making a determination under Subsection D the Board of Appeals shall find:
(1) The group is one which in theory, size, appearance and structure resembles a
traditional family unit.
(2) The group is one which will live and cook together as a single housekeeping unit.
(3) The group is of a permanent nature and is neither merely a framework for transient
or seasonal (including as "seasonal" a period of an academic year or less) living,
nor merely an association or relationship which is transient or seasonal in nature.
In making this finding, the Zoning Board of Appeals may consider, among other
factors, the following:
(a) Whether expenses for preparing of food, rent or ownership costs, utilities,
and other household expenses are shared and whether the preparation, storage
and consumption of food is shared.
(b) Whether or not different members of the household have the same address
for the purposes of:
[1] Voter registration.
[2] Driver's license.
[3] Motor vehicle registration.
[4] Summer or other residences.
[5] Filing of taxes.
(c) Whether or not furniture and appliances are owned in common by all
members of the household.
(d) Whether or not any children are enrolled in local schools.
(e) Whether or not householders are employed in the local area.
270:13 03-01 -2010
§ 270-5 ITHACA CODE § 270-5
(f) Whether or not the group has been living together as a unit for an extended
period of time, whether in the current dwelling unit or other dwelling units.
(g) Any other factor reasonably related to whether or not the group of persons is
the functional equivalent of a traditional family.
(4) In making determinations under this definition, the Zoning Board of Appeals shall
not be required to consider the matters set forth in § 270-200 of this chapter.
G. Lesser permitted number.
(1) Notwithstanding the provisions elsewhere provided herein, if the following
limitations result in a lesser permitted number of occupants than would be
permitted under the definition of family set forth above and the regulations of each
zone set forth later in this chapter, the number of occupants, related or otherwise,
shall not exceed the maximum numbers determined on the basis of habitable space
of each dwelling unit as follows:
(a) A minimum of 150 square feet of habitable space for the first occupant; and
(b) 80 square feet of habitable space for each additional person in each dwelling
unit.
(2) In no case shall the enclosed floor area be less than required by § 270-220 of this
chapter.
(3) Areas utilized for kitchenettes, bath, toilet, storage, utility space, closets, and other
service or maintenance space shall be excluded in determining "habitable space."
FAMILY DAY-CARE HOME — A facility, home, or other establishment, defined as a
family day-care home in § 390 of the Social Services Law, at which day care is provided for
hire for generally three to six children and which is registered with the Tompkins County
Department of Social Services and is operated in accordance with the state and county
regulations governing operations of a family day-care center.
FAMILY-TYPE HOME FOR ADULTS — An adult care facility providing services to four
or fewer adult persons unrelated to the operator, all as defined as a family-type home for
adults in the New York Social Services Law § 2.
FARM — Any parcel of land containing at least three acres which is used in the raising of
agricultural products, such as crops, livestock, poultry, and dairy goods. It includes structures
necessary to the production and storage of agricultural products and equipment and on-farm
buildings used for preparation or marketing of products produced, or derived from products
produced, predominantly on the farm property on which the building is located subject to the
limitations regarding roadside stands set forth in this chapter. [Amended 8-1-2005 by L.L.
No. 7-20051
FARM RETREAT— A farm which includes facilities for room and/or board for up to three
people unrelated to the owner or operator of the farm, which people temporarily occupy farm
premises and participate in the farming activities for the purposes of learning about farm life.
270:14 03-01-2010
§ 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.
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.
13-2009]
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. 10-2009]
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
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
270;15 03-01-2010
§ 270-5 ITHACA CODE § 270-5
A. A business conducted within a dwelling, or a building accessory thereto, by a resident of
the dwelling, which is clearly incidental and secondary to the use of the property for
residential purposes, and which is the type of business that is customarily conducted
within a dwelling or building accessory thereto.
B. Home occupations typically include, but are not limited to architects, attorneys, career
consultants, carpenters, caterers, computer programmers, dentists, doctors, dressmakers,
editors, electricians, engineers, financial consultants, hairdressers, insurance brokers,
plumbers, realtors, teachers, translators and writers.
HOSPICE — A building other than a hospital or nursing home where more than two
terminally ill persons are regularly lodged and furnished with meals and nursing care and
which has been granted a certificate of approval to operate as a hospice pursuant to the Public
Health Law or any successor regulating state law.
HOSPITAL — An establishment for temporary overnight occupation by sick or injured
persons for the purpose of medical treatment licensed by the State of New York for such
purposes. [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. 1-2006]
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
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
270:16 03-01 -2010
§ 270-5 ZONING § 270-5
or removal of minerals from their original location and the preparation, washing, cleaning,
crushing, sorting, stockpiling or other processing of minerals at the mine location so as to
make them suitable for commercial, industrial, or construction use; the removal of such
materials through sale or exchange, or for commercial, industrial or municipal use; and the
disposition of overburden, tailings and waste at the mine location; or any one of the above
activities. Mining shall not include the excavation, removal and disposition of minerals from
the site of, and incidental to, a construction project, or excavations incidental to bona fide
agricultural activities provided, however, such excavations, removal or disposition are subject
to obtaining fill permits if required as set forth in this chapter. For the purpose of this
definition:
A. MINERALS - Mean any naturally formed, usually inorganic, solid material located on or
below the surface of the earth. "Minerals" include, but are not limited to, peat, topsoil,
gravel, and stone.
B. OVERBURDEN - Means all of the earth, vegetation and other materials which lie above
or alongside a mineral deposit.
C. SPOIL and TAILINGS - Have the meanings given to them by Article 23 of the New
York State Environmental Conservation Law or any similar or successor statute.
MIXED USE — A commercial facility with accessory residential facilities, the floor area
(inclusive of all floors on all stories dedicated to the residential use) of which residential
facilities is less than the floor area (inclusive of all floors on all stories dedicated to
commercial use) of the commercial use, and which residential facilities are located elsewhere
in the building than on the street frontage of the ground floor.
MOBILE HOME — A transportable dwelling unit suitable for year-round occupancy. A
mobile home is designed and built to be towed on its own chassis, comprised of frame and
wheels, and connected to either public or private utilities. The unit may contain parts which
may be folded, collapsed, or telescoped when being towed and expanded later to provide
additional cubic capacity. A mobile home may also be designed as two or more separately
towable components designed to be joined into one integral unit capable of again being
separated into the components for repeated towing. This definition excludes travel or camping
trailers towed by a motor vehicle and neither wider than eight feet nor longer than 32 feet.
Self-propelled motor homes, or modular housing which is not built with an integral chassis
and which must be transported on a separate vehicle from factory to housing site are also
excluded from this definition. A mobile home shall be considered a one-family dwelling only
for purposes of determining the number of occupants permitted.
MOBILE HOME LOT — A parcel of land used for the placement of a single mobile home
and the exclusive use of its occupants. A mobile home lot shall be located in a mobile home
park as defined by this chapter.
MOBILE HOME PARK — A parcel of land owned by an individual, partnership, or
corporation which has been planned and improved for the placement of mobile homes.
MOBILE HOME STAND — That part of an individual mobile home lot which has been
reserved and improved for the placement of the mobile home, appurtenant structures and
additions.
270:17 03-01-2010
§ 270-5 ITHACA CODE § 270-5
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. 10-20091
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 line on the shore established by the fluctuations
of water and indicated by physical characteristics such as a clear, natural line impressed on
the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the
presence of litter and debris, or other appropriate means that consider the characteristics of the
surrounding areas. [Added 9-10-2007 by L.L. No. 8-2007]
PARKING SPACE— An area for the temporary parking of a motor vehicle 180 square feet
in size exclusive of the parking lot 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
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
270:18 03-01-2010
§ 270-5 ZONING § 270-5
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 skills and
techniques necessary to safely install wind energy components such as towers, inverters, and
electrical wiring, to distinguish exposed energized parts from other parts of electrical
equipment, and to determine the nominal voltage of exposed live parts. [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. 10-20091
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 lot, 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
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
270;19 03-01-2010
§ 270-5 ITHACA CODE § 270-5
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 fmished ground level 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
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
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§ 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. 10-20091
WATERSIDE— The lake side of the ordinary high water line. [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. 13-20081
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. 6-20071
270;20.1 03-01-2010
§ 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. 7-20051
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]
270:20.2 03-01-2010
§ 270-6 ZONING § 270-6
Special Land Use District No. 9 (Limited Mixed Use) - In accordance with and pursuant
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. 6-1998 [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]
Planned Development Zone No. 12 - In accordance with and pursuant to Local Law No.
8-2005 [South Hill Business Campus]
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
270:20.3 03-01-2010
§ 270-93 ZONING § 270-97
B. No other building shall be erected, altered, or extended to exceed 15 feet in height from
the lowest exterior grade.
C. No structure other than a building shall be erected, altered, or extended to exceed 30 feet
in height from the lowest exterior grade.
§270-94. Yard regulations.
In Mobile Home Park Zones the following yard regulations shall apply:
A. Mobile homes shall have the following minimum yard sizes:
(1) Front yard: If on a public road, not less 20 feet in depth from the highway
right-of-way line; if on an interior private road at least 20 feet in depth from the
edge of such road if paved, and if not paved, at least 25 feet from the edge of the
traveled way.
(2) Rear yard: Not less than 10 feet in depth.
(3) Side yards: Each not less than 10 feet in width.
B. A one-family dwelling and accessory buildings related to the one-family dwelling, shall
be subject to the minimum yard sizes set forth in the High Density Residential Zone
unless adjacent to a mobile home, in which event the size of the yard adjacent to the
mobile home shall be reduced to the minimum yard size required for a mobile home
above.
C. In Mobile Home Park Zones accessory buildings may occupy any open space beyond the
minimum yards set forth above.
D. 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 provisions.
§270-95. Building area.
The maximum building area shall not exceed 40% of the gross area of the mobile home park.
Projections described in § 270-224 are not to be included in computing the percentage.
§270-96. Lot area.
Each mobile home lot shall have a minimum lot area of 5,000 square feet The arrangement of
lots in the park shall facilitate the efficient development of land and permit the convenient
access of emergency vehicles.
§270-97. Special requirements.
Mobile home parks shall be subject to the following special requirements:
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§ 270-97 ITHACA CODE § 270-97
A. Stand location. The location of the mobile home stand on each lot shall be identified on
the site plan.
B. Anchors. The mobile home stand shall be provided with anchors and other fixtures
capable of securing and stabilizing the mobile home. These anchors shall be placed at
least at each corner of the mobile home stand.
C. Skirting. Each mobile home owner, within 30 days after the arrival of the mobile home
in the park, shall be required to enclose the bottom space between the edge of the mobile
home and the mobile home stand with a skirt of metal, wood or other suitable material.
This skirt shall be properly ventilated and securely attached to the mobile home.
D. Parking. Parking requirements shall be as set forth in Article XXVII.
E. Buffer yards. A buffer yard at least 50 feet wide shall be provided around the perimeter
of the mobile home park. No structures are permitted in the buffer yard and the Planning
Board may require that suitable landscaping be provided in order to effectively screen the
mobile home park from adjacent properties. Parking spaces are not permitted in the
buffer yards.
F. Access drives and walkways. Access drives shall be paved with blacktop, concrete, or
other solid material. Driveways and walkways shall provide safe access, egress, and
traffic circulation within the site. The placement, size, and arrangement of access to
public ways shall be subject to the approval of the appropriate highway authority. Where
the density of population or school bus routes make it necessary, sidewalks and bus
shelters may be required.
G. Open space and recreation areas. The mobile home park owner shall provide recreation
areas on the premises, including but not limited to, play areas. The Planning Board shall
review and approve all such areas. Ten percent (10%) of the gross lot area of the mobile
home park, exclusive of the area reserved for buffer yards, shall be permanently
maintained as open space.
H. Storage space. The mobile home park owner shall provide storage space in convenient
locations for each mobile home lot. This storage space shall be contained in an enclosed
and secure structure. Several storage structures may be located in a common building.
The minimum dimensions of storage space per lot shall be eight feet high, eight feet
deep, and four feet wide.
I. Screening of waste and refuse. One or more common areas shall be provided for the
disposal of waste, refuse and recyclables. These areas shall contain secure bins of a
suitable size. These areas shall be screened from public view by shrubbery or a fence.
J. Signs. A single sign for the mobile home park is permitted. The size and other
characteristics shall be regulated by Chapter 221, Signs, of the Code of the Town of
Ithaca.
K. Operating permits. An operating permit shall be required for all mobile home parks. This
permit shall be renewable annually. The Code Enforcement Officer shall make periodic
inspections of the mobile home park to determine whether such park is in compliance
with the terms and conditions of the permit, the Zoning Ordinance and the site plan
270:62 03-01-2010
§ 270-97 ZONING § 270-100
approval. The fee for the operating permit shall be set from time to time by Town Board
resolution. [Amended 12-7-2009 by L.L. No. 27-2009121
L. Building permits. Notwithstanding any other provision of this chapter of the Building
Code, a building permit shall be required for each mobile home and/or structure to be
sited or constructed.
§270-98. Site plan approvals.
No building permit shall be issued for a structure in a Mobile Home Park Zone unless the
proposed structure is in accordance with a site plan approved by the Planning Board and, if
required, by the Tompkins County Health Department. No subdivision of a mobile home park
site plan is permitted without approval of the Town Board, following Planning Board review.
No alteration, amendment or change in a mobile home park site plan is permitted without
approval of the Planning Board.
ARTICLE XII
Multiple Residence Zones
§270-99. Purpose.
The purpose of the Multiple Residence Zone is to permit, where appropriate, the construction
and development of multiple-family residences in the Town. At the same time, the Town does
not desire the large-scale development of these units to the extent that large areas of the Town
would be devoted to such use and single-family residences would be incompatible.
Accordingly, additional areas may be zoned as a Multiple Residence Zone upon application
for a specific proposal 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 residence occupancy are found. In reaching its decision on
whether to rezone to a Multiple Residence 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.
§ 270-100. Permitted principal uses.
Only the following buildings or uses are permitted of right in a Multiple Residence Zone:
A. One-family dwellings, two-family dwellings and multiple-family dwellings. Each
dwelling unit in a Multiple Residence Zone shall be occupied by no more than:
(1) One family, or
(2) One family plus no more than two boarders, roomers, lodgers or other occupants.
B. Day-care homes, family day-care homes and group family day-care homes.
12. Editor's Note:This local law also provided for an effective date of 1-1-2010.
270:63 03-01-2010
§ 270-100 ITHACA CODE § 270-101
C. 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
§ 270-101. Permitted accessory buildings and uses.
Only the following accessory buildings or uses are permitted of right in a Multiple Residence
Zone:
A. Automobile parking and garages, subject to the further requirements of this article.
B. Structures or use of open land for recreation, intended for residents of the Multiple
Residence Zone, including swimming pools, tennis courts, and other similar recreational
facilities.
C. Such uses as may be necessary for housekeeping activities, such as drying yards or
structures in which laundry facilities are maintained but any such use must be limited to
residents of multiple dwellings.
D. Storage buildings for storage of belongings of the residents of the Multiple Residence
Zone.
E. Maintenance buildings and one central office building, all of which must be utilized
solely in connection with the operation of multiple-family dwellings in the Multiple
Residence Zone.
F. Community building for use by the residents of multiple-family dwellings in the Multiple
Residence Zone and their guests.
G. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number is
authorized by special approval of the Zoning Board of Appeals.
H. Home occupations, subject to the limitations on home occupations set forth in
§ 270-219.2. [Added 2-12-2007 by L.L. No. 1-2007]
I. 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
270:64 03-01-2010
§ 270-144 ZONING § 270-145
§270-144. Permitted principal uses.
Only the following buildings or uses are permitted of right in a Light Industrial Zone:
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. 13-2008]
§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).
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
270:81 03-01-2010
§ 270-145 ITHACA CODE § 270-146
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
lanes and driveways, for each 100 feet of floor area, exclusive of basements used
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 Planning 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)14
J. 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]
14. Editor's Note: Former Subsection I,regarding fences up to eight feet in height,was repealed 11-9-2009 by L..L.No.
14-2009.
270:82 03-01 -2010
§ 270-158 ZONING § 270-160
expressly enumerated below. Certain uses or facilities, set forth below, are permitted only
upon receipt of a special permit from the Planning Board as set forth below.
§270-159. Prohibited uses.
The following uses are prohibited in an Industrial Zone:
A. Dwelling units, except as an accessory use as set forth below.
B. Sales of any products at retail to the general public except as the same may be related to
and an incidental by-product of a permitted principal use such as manufacturing.
C. Restaurants of any nature except for cafeterias or other similar facilities that are
incidental to and related specifically to a permitted principal use such as manufacturing.
D. Motel.
E. Hotel.
F. Adult entertainment business.
G. Any of the following factories or works: arsenal, blast furnace, boiler works, iron, steel,
brass or copper foundry, metal ore, smelting, planing mill, rolling mill and stockyards or
slaughterhouse.
H. The manufacturing or storage of explosives and gas, oil and other flammables or
petroleum products.
§270-160. Permitted accessory buildings and uses.
Only the following accessory buildings or uses are permitted of right in an Industrial Zone:
A. Automobile parking and off-street loading areas subject to the further requirements of
this article.
B. Accessory storage buildings.
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 Planning Board
in accordance with the procedures set forth in this chapter.
G. Cafeteria or lunchroom incidental to and related specifically to a permitted use.
H. Recreational facilities including playfields, ballfields, tennis and volleyball courts,
swimming pools and fitness centers.
270:85 03-01-2010
§ 270-160 ITHACA CODE § 270-164
1. (Reserved)15
J. 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. 1-2007]
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. 7-20071
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. 13-20081
§270-161. Placement of accessory structures. [Amended 11-9-2009 by L.L. No. 14-20091
Except as otherwise provided elsewhere in this chapter, accessory structures or buildings may
be placed in any required side or rear yard but no closer than five feet to the boundary of the
property. Except as otherwise provided herein or elsewhere in this chapter, no structures shall
be placed in any required buffer zone. Parking, signs, and guardhouses may be placed in a
front yard, provided the Planning Board finds the location of such structures is in accordance
with the criteria for approval of the site plan and the location is shown on an approved site
plan. Signs and guardhouses if placed in a required front yard may also be placed in any
required buffer zone that is in the front of the property.
§270-162. Minimum area for an industrial zone.
A minimum tract of 10 acres is required for the development of an Industrial Zone.
§270-163. Height limitations.
Except as may be specifically otherwise authorized in this chapter, in 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.
§270-164. Yard regulations.
A. Except as may be specifically otherwise authorized in this chapter, in 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.
15. Editor's Note: Former Subsection 1,regarding fences up to eight feet in height,was repealed 11-9-2009 by LL No.
14-2009.
270:86 03-01-2010
§ 270-164 ZONING § 270-165
(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.
§270-165. 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.
270:86.1 03-01-2010
§ 270-222 ZONING § 270-223
§270-222. Porches and carports.
In determining the percentage of building coverage or the size of yards for the purpose of this
chapter, porches and carports, open at the sides but roofed, shall be considered a part of the
building.
§270-223. Fences and walls; retaining walls. [Amended 11-9-2009 by L.L. No. 14-20091
A. Fences and walls.
(1) Except as otherwise specified in Subsection A(2) through (10) below or in other
provisions of this chapter, fences and walls up to six feet high are permitted as of
right in all zones and in all locations, including yards, setbacks and buffer areas,
notwithstanding any other provisions of this chapter.
(2) A fence or wall may be built up to a common lot line but may not encroach on the
adjoining property nor interfere with adequate sight distance for vehicles exiting
from driveways on the parcels sharing the common lot line.
(3) Fences and walls that have any portion located less than 10 feet from a street
right-of-way line shall have maximum heights as follows:
(a) Three feet, if less than 50% of the fence or wall face is open when viewed
from a position at a right angle to the fence or wall;
(b) Four feet, if at least 50% of the fence or wall face is open when viewed from
a position at a right angle to the fence or wall;
(c) Fences and walls that do not meet the above criteria may have a maximum
height of six feet, but only upon receipt of a special approval for same from
the Board of Appeals, or (in those instances where site plan approval is
required by this chapter for a development or activity) upon receipt of a
special permit for same from the Planning Board, in accordance with the
procedures set forth in this chapter.
(4) Fences and walls are not allowed within public street right-of-way lines without
written permission from the public entity that holds the right-of-way.
(5) Deer fences up to eight feet in height are permitted as of right in all zones and in
all locations, including yards, setbacks and buffer areas. Building permits are
required for deer fences exceeding six feet in height.
(6) Fences and walls up to eight feet in height are permitted as of right in all locations,
including yards, setbacks and buffer areas, for lawful farm operations. Building
permits are required for fences and walls exceeding six feet in height.
(7) Fences and walls up to eight feet in height are permitted as of right in all locations,
including yards, setbacks and buffer areas, in light industrial zones and industrial
zones. Building permits are required for fences and walls exceeding six feet in
height.
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§ 270-223 ITHACA CODE § 270-223
(8) Barbed wire; electrification.
(a) The use of barbed wire or electrification, or any other material or device that
could reasonably be expected to cause injury upon human contact, is
prohibited except when used on:
[1] Fences and walls used for lawful farm operations;
[2] Fences and walls used in conjunction with the keeping of domestic
animals in accessory buildings; or
[3] Fences and walls in light industrial zones or industrial zones.
(b) Electrification may be used for fences constructed or installed wholly
underground that are designed to keep pets in yards.
(9) Fences shall be erected with the finished side(if any) facing the street and abutting
properties, and with backers, supports, and posts on the inside of the fence, unless
they constitute an integral part of the finished side, or unless the fence is of the
type that requires posts to be placed in an alternating pattern inside and outside the
fence to maintain stability.
(10) 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 fences and
walls. 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 fences or walls where such
changes or additions meet a § 270-191 threshold.
(11) Fence and wall heights shall be measured vertically from the natural grade to the
top of the fence or wall at each point along the fence or wall.
B. Retaining walls.
(1) Except as otherwise specified in Subsection B(2) through (7) below or in other
provisions of this chapter, retaining walls of any height are permitted as of right in
all zones and in all locations, including yards, setbacks and buffer areas.
(2) Retaining walls or portions thereof that run substantially parallel to an adjoining
property line and are within five feet of the property line shall not exceed three
feet in height and shall be limited to one in number along each property line,
except upon receipt of a special approval for higher or additional walls from the
Board of Appeals, or (in those instances where site plan approval is required by
this chapter for a development or activity) upon receipt of a special permit for
same from the Planning Board, in accordance with the procedures set forth in this
chapter.
(3) A retaining wall may be built up to a common lot line but may not encroach on the
adjoining property nor interfere with adequate sight distance for vehicles exiting
from driveways on the parcels sharing the common lot line.
270:128 03-01 -2010
§ 270-223 ZONING § 270-225
(4) Retaining walls are not allowed within public street right-of-way lines without
written permission from the public entity that holds the right-of-way.
(5) 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 retaining
walls. 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 retaining walls where such
changes or additions meet a § 270-191 threshold.
(6) Retaining wall heights shall be measured vertically from the natural grade to the
top of the retaining wall at each point along the retaining wall.
(7) Building permits are required for certain retaining walls as specified in
§ 125-4A(6).
§ 270-223.1. Terraces, steps, and unroofed structures. [Added 11-9-2009 by L.L. No.
14-2009]
The provisions of this chapter shall not apply to terraces, steps, unroofed porches, or other
similar features not over three feet above the level of the floor of the ground story or three
feet above grade, whichever is lower.
§270-224. Projections in yards.
A. Every part of a required yard shall be open from its lowest point to the sky unobstructed,
except for the ordinary projection of sills, belt courses, pilasters, leaders, chimneys,
cornices, eaves and ornamental features, provided that no such projection may extend
more than four feet into any required yard.
B. Bays including their cornices and eaves, may extend not more than four feet into any
required yard provided that the sum of such projections on any wall shall not exceed 1/3
the length of such wall.
C. An open fire balcony or fire escape may extend not more than four feet into any required
yard.
§270-225. Reduction of lot area.
No lot shall hereafter be reduced or altered so as to result in a lot or structure that does not
meet the minimum area and yard requirements of this chapter. In the event a lot upon which
stands a building is changed in size or shape, without an appropriate approval or variance, so
that the area and yard requirements of this chapter are no longer complied with, such building
shall not thereafter be occupied or used until it is altered, reconstructed or relocated so as to
comply with these requirements. The provisions of this Section shall not apply when a portion
of a lot is taken for a public purpose.
270:128.1 03-01-2010
§ 270-226 ITHACA CODE § 270-227
§270-226. More than one building on a lot.
Other than in a Multiple Residence Zone, there shall not be more than one principal building
on any lot in any residential zone (the term "residential zone" for the purposes of this section
means Low Density, Lakefront, Medium Density, High Density, and Multiple Residential
Zones and Conservation Zones). When there is more than one principal building on a lot in
any nonresidential zone or in a Multiple Residence Zone, the space between such buildings
must be at least equal to the sum of the side yards, or the sum of the rear and the front yards,
as the case may be, calculated as if each building was located on its own individual lot in
such zone.
§270-227. Parking facilities.
A. All zones. The following provisions apply to all zones unless there are express provisions
applicable to a specific zone set forth below or elsewhere in this chapter, in which event
the express provision shall govern.
(1) If permitted or existing in a zone, the following uses shall be provided with the
following off-street parking facilities:
(a) School or other educational institutions: Two spaces for each class room.
(b) Hospital, sanitarium or nursing or convalescent home: One space for each
two beds.
(c) Medical clinic: Four spaces for each doctor, or for each office in which a
medically-trained person is regularly in attendance, whichever figure is
larger.
(d) Rooming house, tourist house or bed-and-breakfast: One space for each room
offered to rent.
(e) Fraternity or sorority house or membership club: One space for each four
beds, or one space for each five members, whichever figure is larger.
(f) Churches or other houses of worship: One space for each four seats or one
space for each five members, whichever figure is larger.
(g) Research and development facilities: One space for each 300 square feet of
gross floor area or one space per employee, whichever yields the higher
number of spaces.
(h) Multifamily dwellings: Every building in any zone housing or designed to
house more than two families shall provide in connection with it and on the
same lot garage space or off-street parking space for automobiles equivalent
to the number of dwelling units provided in such dwellings, plus one space
for every three dwelling units.
(2) Notwithstanding any other provisions of this chapter, if an existing or proposed
project permitted in any zone (including the uses set forth in Subsection A(1)
above as well as the uses referred to in various zones referenced below) meets the
270:128.2 03-01-2010
§ 270-227 ZONING § 270-227
following criteria, the Planning Board may authorize the required minimum
number of parking spaces to be reduced by no more than 20%. The criteria are:
that the reduction in the number of parking spaces will not adversely affect traffic
flow on the project site, will leave adequate parking for all of the reasonably
anticipated uses or occupancies in the project, and will not otherwise adversely
affect the general welfare of the community.
(3) If the Planning Board permits a reduction in the required number of parking
spaces, the Planning Board may impose such reasonable conditions as may, in the
judgment of the Planning Board, be necessary to assure that such reduction will
meet the criteria set forth above. In any event, unless expressly waived by the
270:128.3 03-01-2010
§ 270-236 ZONING § 270-237
Such conditions shall be consistent with the spirit and intent of the Zoning Ordinance or
Local Law, and shall be imposed for the purpose of minimizing any adverse impact such
permit or approval may have on the neighborhood or community.
G. Unless work has commenced in accordance with the site plan approval or special permit
given by the Planning Board within one year from the issuance of the building permit
authorizing such work, or within 18 months of the granting of such approval or special
permit, whichever is earlier, not only the building permit but the approval or special
permit shall expire and the permissible uses and construction on the property shall revert
to those in effect prior to the issuance of such approval or special permit.
H. In making recommendations to the Town Board and the Zoning Board of Appeals, the
Planning Board shall determine that:
(1) There is a need for the proposed use in the proposed location.
(2) The existing and probable future character of the neighborhood in which the use is
to be located will not be adversely affected.
(3) The proposed change or use is in accordance with a Comprehensive Plan of
development of the Town.
§270-237. Posting of notices.
In addition to any other notice required by law, a public notice shall be posted by the
applicant on the property that is the subject of certain applications as set forth in this section.
A. The sign shall be so posted in the following circumstances:
(1) If a variance, special approval, or determination is being sought from the Zoning
Board of Appeals, the notice shall be posted before the initial Zoning Board of
Appeals public hearing on the matter.
(2) If a subdivision approval, a site plan approval, or special permit is being sought
from the Planning Board, the notice shall be posted before the first Planning Board
public hearing on the application.
(3) If a determination is being sought which requires affirmative action by both the
Zoning Board of Appeals and the Planning Board, the notice shall be posted before
the first public hearing before either Board occurs.
(4) If the application is for rezoning of a parcel or parcels of land in conjunction with
a proposed development on same a notice shall be posted and it shall be posted
prior to the initial Planning Board hearing on the proposed rezoning. If the
rezoning is a rezoning generally of the neighborhood independent of a particular
application for a particular project, or is a rezoning of an area of more than 300
acres, there shall be no posting requirement unless the Town Board directs such
posting. In such event the Town Board may designate the location and frequency
of such posting, which may be different than otherwise required hereunder.
270:139 03-01-2010
§ 270-237 ITHACA CODE § 270-239
B. The posting shall occur at least 14 and not more than 30 days before the first meeting of
the Board at which the matter is to be heard as set forth above.
C. The sign shall be posted in a location clearly visible from the roadway at or near the
center of each of the property lines of the property under consideration which property
line fronts on an existing public or private roadway. If the road frontage exceeds 1,000
feet, signs shall be posted at five-hundred-foot intervals along the frontage. When the
Town Planner or Town Building Inspector and Zoning Enforcement Officer finds that the
particular circumstances of an application warrants more signs than required by this
provision, the applicant shall post such additional signs as may be directed by either of
such officers.
D. Such signs shall be continuously maintained by the applicant and displayed facing the
roadway until final action has been taken by the Board involved approving or denying
the application or appeal, or until the application is withdrawn. Signs shall be removed
within 15 days of the final action or withdrawal of the application.
E. The required signs shall be obtained from the Town Planner or his/her designee, Code
Enforcement Officer, or Town Clerk and shall contain the information set forth on the
form of sign supplied by the Town. Fees for such signs shall be set from time to time by
Town Board resolution. [Amended 12-7-2009 by L.L. No. 27-200917]
F. Failure to post or maintain the signs as provided in this section shall not be a
jurisdictional defect and any action taken by any Board in connection with the
application shall not be nullified or voidable by reason of the failure to comply with this
section. However, the failure to post or maintain the sign may be grounds, should the
Board involved in its discretion so determine, to deny the application sought or to decline
to hear the matter at the scheduled meeting date by reason of the failure to have the
appropriate signs installed and/or maintained. The appropriate Board may, on good cause
shown, waive the requirement of the posting of signs as called for by this section.
§ 270-238. Entry and inspection.
The Code Enforcement Officer shall have the right to enter upon, examine and inspect, or
cause to be entered, examined and inspected, any building or property, for the purpose of
carrying out the provisions of this chapter after reasonable written notice of intent to examine
or inspect has been provided to a property owner, and permission of the owner has been
granted. If such permission is denied, access shall be pursued by the Attorney for the Town,
who shall be notified by the Code Enforcement Officer of such denial. Pending the granting
of such access or inspection, no further permits, certificates of occupancy or other approvals
shall be granted by the Code Enforcement Officer or any other agency or board of the Town.
§270-239. Violations and penalties.
A. Pursuant to § 268 of the Town Law any person, firm, corporation or other entity
violating any provision of this chapter shall be deemed guilty of an offense and upon
17. Editor's Note:This local law also provided for an effective date of 1-1-2010.
270:140 03-01-2010
§ 270-239 ZONING § 270-243
conviction thereof shall be subject to a fine or to imprisonment as provided in § 268.
Each week's continued violation shall constitute a separate offense.
B. Notwithstanding any other provisions of this chapter the Planning Board or the Zoning
Board of Appeals may refuse a special permit, special approval, preliminary or final site
plan approval to an applicant as long as the applicant, or any person or entity under the
control of or controlled by the applicant, is in default in the performance of any actions
required of them pursuant to law or pursuant to conditions imposed in connection with a
previously granted special permit, special approval, or final site plan approval in the
Town of Ithaca.
§ 270-240. Amendments.
This chapter may be amended as provided by law.
§270-241. Validity.
The invalidity of any section or provision of this chapter shall not invalidate any other section
or provision thereof.
§270-242. Existing Zoning Ordinance amended, readopted and reenacted.
The existing Zoning Ordinance of the Town of Ithaca, New York, as amended, adopted
October 25, 1954, is hereby reenacted, readopted and amended to read as set forth in this
chapter, except as expressly provided otherwise in this chapter. This readoption and
reenactment and the adoption of any amendment shall not affect any pending, or prevent any
future prosecution of any, action to abate any violation existing at the time this chapter is
readopted, reenacted and amended, if the use is in violation of the provisions of this chapter
as readopted, reenacted and amended. Nothing herein shall be deemed to change the status of
nonconforming uses created by virtue of the Zoning Ordinance adopted October 25, 1954, as
amended, if such uses remain nonconforming under the provisions of this chapter, as
readopted, reenacted and amended.
§270-243. Fees. [Amended 12-7-2009 by L.L. No. 27-2009,81
The fees, escrow deposits, review costs, public hearing fees and inspection fees for
subdivision, variance, site plan, special permit, special approval, and other similar applications
and approvals, and for building permits, use permits, operating permits and any other similar
permit, shall be set from time to time by Town Board resolution. The time of payment of such
fees, the process for calculating, depositing and/or paying same, the circumstances under
which the fees or deposits may be modified, and the amounts and procedures for paying
SEQR-related fees shall all be as set forth in Chapter 153, Fees, of the Town of Ithaca Code.
18. Editor's Note:This local law also provided for an effective date of 1-1-2010.
270:141 03-01-2010
§ 270-244 ITHACA CODE § 270-245
§270-244. Effective date.
This revised and restated ordinance shall become effective April 1, 2004, herein referred to as
the "effective date."
§270-245. Transition provisions.
A. This revised, restated and amended chapter shall apply to all applications for building
permits, site plan approvals, subdivision approvals, special approvals, special permits, or
any other approval or authorization hereunder, submitted on or after the effective date.
B. If a completed application is submitted prior to the effective date and if such application
is diligently prosecuted to conclusion, the application shall be governed by the provisions
of the Zoning Ordinance in effect immediately prior to the effective date, unless the
applicant elects by written notice accompanying the application or delivered within a
reasonable time after submission of the application to be governed by the provisions of
this revised, restated and amended ordinance as in effect on and after the effective date.
For the purposes of this section only, an application shall be deemed "completed" if it
contains all required information, materials, and fees normally and reasonably required
by the appropriate Town official(s) (e.g., Director of Planning with respect to
subdivision, special permit, rezoning, planned development area, and site plan approval
applications, the Director of Building and Zoning with respect to building permit,
variance, and special approval applications, and the Director of Engineering with respect
to fill permit applications) including initial SEQR forms, to commence the review
process by the appropriate Town official or board. An application shall be deemed
"diligently prosecuted to conclusion" if the applicant promptly responds to any inquiries
and promptly supplies any additional information reasonably required by the reviewing
Town officials and/or boards, appears at all required scheduled public hearings, and
otherwise cooperates so as to permit and enable the appropriate Town officials and/or
boards to adequately and completely review the application and render a decision on
same within a reasonable period of time of its submission, and in any event within nine
months of its submission.
C. The Town Board may, with respect to a specific application, if an applicant demonstrates
1) severe, adverse economic impact will result to the applicant if this revised, restated
chapter is applied to the applicant's application because of a substantial expenditure of
funds by the applicant prior to the adoption of this revised, restated chapter and in
reliance upon the provisions of the ordinance in effect prior to the effective date; or 2)
delay in rendering a decision by the applicable official or board is due to the failure of
such official or board to act within a reasonable period of time and not due to any failure
or default by the applicant; extend by no more than four additional months the privilege
of having the application be governed by the provisions of the zoning ordinance in effect
prior to the effective date, or extend by no more than four additional months the
nine-month period within which diligent prosecution of the application must be
completed to obtain the benefit of utilizing the pre-effective-date ordinance provisions.
An application for extension under this subsection must be made prior to, or within 30
days after, the end of any applicable period by written request to the Town Clerk or
Town Supervisor setting forth the requested relief and the grounds for same.
270:142 03-01-2010
§ DL-1 DISPOSITION LIST § DL-1
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
1-2009 1-12-2009 Code of Ethics amendment Ch. 32
DL:3 03-01-2010
§ DL-1 ITHACA CODE § DL-1
Local Adoption
Law No. Date Subject Disposition
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. 153
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 comer
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 10-19-2009 Notification of defects Ch. 188
amendment
12-2009 10-19-2009 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 12-7-2009 Property maintenance amendment Ch. 205
24-2009 12-7-2009 Sewer rents amendment Ch. 210
25-2009 12-7-2009 Subdivision of land amendment Ch. 234
26-2009 12-7-2009 Water rates amendment Ch. 261
DLA 03-01-2010
§ DL-1 DISPOSITION LIST § DL-1
Local Adoption
Law No. Date Subject Disposition
27-2009 12-7-2009 Zoning amendment Ch. 270
DL:5 03-01-2010
GENERAL CODE
INSTRUCTIONS
Town of Ithaca Code Supplement No.20
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
125:7— 125:8 125:7— 125:8
125:8.1
221:9-221:10 221:9-221:10
225:1 —225:4 225:1 —225:4
225:4.1
250:7—250:9 250:7—250:9
270:21 —270:22 270:21 —270:22
270:22.1
270:126.5—270:126.6 270:126.5—270:126.6
270:126.13—270:126.14 270:126.13—270:126.14
DL:5 DL:5
Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 1-2010; 2-
2010;3-2010.
06-01-2010
§ 125-4 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-5
(6) Issuance of a foundation permit shall not be construed to be a determination that a
building permit will be automatically issued for the balance of the structure.
(7) Foundation permits may be revoked at any time by the Code Enforcement Officer
if the Code Enforcement Officer in his discretion:
(a) Determines that the foundation will not be adequate to support the balance of
the structure;
(b) Determines the applicant is not taking proper precautions to prevent
endangering life, health, property, or the public welfare in the course of
constructing the foundation;
(c) Determines, in his judgment, that the applicant is not proceeding diligently
and properly to provide complete and adequate plans for the issuance of a
full building permit;
(d) Becomes aware of information not previously submitted or available that
makes issuance of a foundation permit inappropriate or inadvisable;
(e) Determines the existence of any other circumstance which reasonably
requires the revocation'of the permit.
(8) If a building permit for the remainder of the building has not been issued within
six months of the date of the foundation permit, the foundation permit
automatically expires. However, the Code Enforcement Officer may renew the
permit for one or more successive periods of not more than six months per
application upon payment of a fee calculated as if each application were an
application for the original issuance of such a permit.
(9) Upon the revocation or the expiration of a foundation permit without a renewed
foundation permit or a building permit for the balance of the building having been
issued, the foundation constructed pursuant to the foundation permit must be
removed and the ground restored by the owner to substantially the condition it was
prior to the commencement of any excavation and construction.
(10) The fee for the issuance of a foundation permit shall be as specified in Chapter
153, Fees, of the Code of the Town of Ithaca.
§ 125-5. Construction inspections.
A. Permitted work shall be required to remain accessible and exposed until inspected by the
Town or its designee and accepted by the Code Enforcement Officer. Permit holders
shall be required to notify the Code Enforcement Officer when construction work is
ready for inspection.
B. Provisions shall be made for inspection of the following elements of the construction
process, where applicable:
125:7 06-01-2010
§ 125-5 ITHACA CODE § 125-5
(1) Work site prior to the issuance of a permit;
(2) Footing and foundation;
(3) Preparation for concrete slab;
(4) Framing;
(5) Building systems, including underground and rough-in;
(6) Fire-resistant construction;
(7) Fire-resistant penetrations;
(8) Solid fuel-burning heating appliances, chimneys, flues or_as vents;
(9) Energy code compliance; and
(10) A final inspection after all work authorized by the building permit has been
completed.
C. After inspection, the work or a portion thereof shall be noted as satisfactory as
completed, or the permit holder shall be notified as to where the work fails to comply
with the Uniform Code. Construction work not in compliance with Uniform Code
provisions shall be required to remain exposed until it has been brought into compliance
with the Uniform Code, been reinspected, and been found satisfactory as completed.
D. To facilitate such inspection and to ensure compliance with appropriate Zoning and
Uniform Code requirements, the Code Enforcement Officer may require submission at
the appropriate stage of documentation to substantiate such compliance including,
without limitation, the following items:
(1) As-built survey maps by a licensed surveyor showing the location of the
foundation relative to property boundary lines and dimensions of the structure;
(2) Appropriate certifications from an engineer relative to water, sewage, structural
integrity, and such other items as the Code Enforcement Officer may deem
reasonably appropriate certifying that the stated items are in accordance with all
applicable laws, rules and regulations;
(3) Certificates from appropriate electrical inspection persons or agencies, as
determined by the Town, certifying that the electrical work is in compliance with
all applicable laws, codes, rules and regulations. [Amended 4-12-2010 by L.L.
No. 3-2010]
E. The Code Enforcement Officer or other person designated by the Town Board pursuant
to § 125-2 shall have the power to order, in writing, the remedying of any condition
found to exist in, on, or about any building, structure or premises in violation of the
Uniform Code, Chapter 270, Zoning, or any other applicable law, rule or regulation, and
shall have the authority to state the time period within which such condition must be
remedied. Such orders may be served upon the owner or his authorized agent personally
125:8 06-01-2010
I
§ 125-5 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-5
or by registered or certified mail sent to the address set forth in the application for any
permit submitted to the Town of Ithaca or to the owner's or agent's last known address. If
125:8.1 06-01-2010
§ 221-8 SIGNS § 221-10
(2) Indirect illumination, including backlighted letters, is permitted in all districts.
(3) Self-illuminated copy-change theater signs are permitted in business districts.
(4) Self-illuminated signs and letters are permitted in business and industrial districts.
C. Intensity. No sign shall produce illumination in excess of 10 footcandles above ambient
light level at a distance of four feet on a level with the sign.
D. Color. In residential districts and/or agricultural districts illumination shall be white or
amber.
E. In addition to the foregoing requirements, all illuminations shall meet the requirements of
the Outdoor Lighting Law, Chapter 173 of the Town of Ithaca Code. [Added
10-16-2006 by L.L.No. 12-2006]
§ 221-9. Sign construction.
A. Fabrication and attachment. All sign fabrication, erection, and attachment shall conform
to the requirements of the latest edition of the New York State Uniform Fire Prevention
and Building Code and other applicable codes and regulations. [Amended 7-12-2004 by
L.L. No. 7-2004]
B. Electrical.
(1) Lighting fixtures and wiring shall conform to the requirements of the National
Electrical Code and other applicable codes and regulations and shall have the
approval of an appropriate electrical inspection person or agency, as determined by
the Town. [Amended 4-12-2010 by L.L. No. 3-20101
(2) Transformers, wires, and similar items shall be concealed.
(3) All wiring to freestanding signs shall be underground.
C. Maintenance. All signs, sign finishes, supports, and electrical work shall be kept in good
repair and safe condition.
§ 221-10. Sign removal; nonconforming signs.
A. Amortization of oil-premises signs.
(1) All off-premises signs not permitted by the terms of this chapter, whether valid
nonconforming signs or otherwise, and existing at the time of the adoption of this
chapter shall be removed within a period of four years from the date of the
adoption of this chapter. Off-premises signs which are not valid nonconforming
signs and are not permitted signs under this chapter shall be removed immediately.
B. Disused signs. A sign, and any supports and electrical work, identifying or advertising a
business no longer conducted or a product no longer sold on the premises shall be
removed by the owner of the premises within six months from the date of disuse, unless
221:9 06-01-2010
§ 221-10 ITHACA CODE § 221-10
the Enforcement Official shall determine that such sign or portions thereof may be
utilized by a subsequent enterprise.
C. Unsafe signs.
(1) Unsafe or insecure signs shall be repaired or removed by the owner of the
premises.
(2) If the Enforcement Official determines an unsafe sign to be an actual danger to
persons or property, such sign must be removed within three days of receipt of
written notice.
(3) If the owner fails to comply within three days after notification, the Town shall
remove the sign at cost to the owner of the premises.
(4) If it is determined by the Enforcement Official that any sign is a source of
immediate peril to any person or property, such sign may be removed summarily
and without notice by the Enforcement Official at cost to the owner of the
premises.
D. Surface restoration. Upon removal of any wall sign, including signs painted on walls, the
surface area of the wall shall be restored to an appearance substantially equivalent to the
remaining portion of the facade.
E. Nonconforming signs.
(1) Existing nonstructural signs, such as portable signs, banners, pennants, or similar
signs, which are nonconforming with the provisions of this chapter shall be
brought into conformance or removed within 90 days of the date of the adoption of
this chapter.
(2) Except as otherwise provided in this chapter, the lawful use of any sign existing at
the date of the adoption of this chapter may be continued even though such sign
does not conform to the provisions herein.
(3) A nonconforming sign may not be changed or enlarged unless a variance is
granted by the Zoning Board of Appeals. When a nonconforming sign is in need of
alteration, replacement, or substantial repair as shall be determined by the
Enforcement Official, the sign shall be made to come into compliance with the
requirements of this chapter or be removed unless a variance is granted by the
Zoning Board of Appeals.
(4) Abandonment or discontinuance of the use for which any nonconforming sign has
been maintained for a period of more than six months, as shall be determined by
the Enforcement Official, shall terminate the use of such sign. No nonconforming
sign shall be reinstated except by variance granted by the Zoning Board of
Appeals.
(5) Temporary removal of a nonconforming sign for painting or other normal
maintenance shall be limited to a period of 30 days.
221:10 06-01-2010
Chapter 225
SPRINKLER SYSTEMS
§ 225-1. Applicability. § 225-6. Exception.
§ 225-2. Definitions and word usage. § 225-7. Penalties for offenses.
§ 225-3. New buildings required to have § 225-8. Variances.
sprinkler systems. § 225-9. Administration.
§ 2254. Building permit. § 225-10. Mixed use buildings.
§ 225-5. Certificate of occupancy.
[HISTORY: Adopted by the Town Board of the Town of Ithaca 7-11-1988 by L.L. No.
7-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention—See Ch.125. Property maintenance—See Ch.205.
§ 225-1. Applicability.
This chapter shall apply to all parts of the Town of Ithaca outside the Village of Cayuga
Heights.
§225-2. Definitions and word usage.
A. As used in this chapter, the following terms shall have the meanings indicated:
APPROVED SPRINKLER SYSTEM — A sprinkler system that meets the requirements
of the New York State Uniform Fire Prevention and Building Code and the standards of
the National Fire Protection Association or other nationally recognized approval
organization, as determined by the Town Code Enforcement Officer. Such system, to be
approved, shall meet all standards of installation and operation as prescribed by such
approval bodies and the manufacturer of the system. Any such installation and the
operation thereof shall be also subject to the approval of the Town of Ithaca Building
Inspector. [Amended 4-12-2010 by L.L. No. 3-20101
SMOKE DETECTOR — A smoke detector approved by the Town of Ithaca Building
Inspector. Such approval shall be given by such officer if the smoke detector, as
installed, whether battery-powered or hard-wired, meets the requirements of the New
York State Uniform Fire Prevention and Building Code, the National Fire Protection
Association, or other nationally recognized approval organizations as determined by the
Town Building Inspector. [Added 10-1-1990 by L.L. No. 10-19901
B. All other terms shall have their commonly understood meanings. Where there is an
ambiguity in the commonly understood meaning of a word reference shall be made to the
definitions contained in Chapter 270, Zoning, of the Code of the Town of Ithaca, and the
225:1 06-01 -2010
§ 225-2 ITHACA CODE § 225-3
New York State Uniform Fire Prevention and Building Code. Where there is a conflict in
definition between such Chapter 270, Zoning, and such Building Code, the definitions
contained in Chapter 270, Zoning, shall control. [Added 11-10-1988 by L.L. No.
10-1988]
§ 225-3. New buildings required to have sprinkler systems.
A. All classifications of buildings listed below, which buildings are constructed after the
effective date of this chapter, shall be required to have approved sprinkler systems
installed and operational:
(1) Multiple dwellings (except no system will be required in enclosed closets 50
square feet or less in area and in bathrooms).
(2) Office buildings.
(3) Administrative buildings.
(4) Bank buildings.
(5) Professional buildings.
(6) Retail and personal service buildings (mercantile).
(7) Industrial buildings.
(8) Storage buildings.
(9) Amusement park buildings.
(10) Armories.
(11) Art galleries.
(12) Assembly halls.
(13) Auditoriums.
(14) Bathhouses.
(15) Bowling alleys.
(16) Club rooms.
(17) Coliseums and stadiums.
(18) Courtrooms and buildings.
(19) Dance halls.
(20) Exhibition halls or buildings.
(21) Gymnasiums.
225:2 06-01-2010
§ 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.
(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. 11-19951
(41) Clinics.
(42) Hospitals.
(43) Infirmaries.
(44) Sanatoriums.
(45) Boathouses.
(46) Nursing homes.
225:3 06-01 -2010
§ 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.2 [Amended
11-10-1988 by L.L. No. 10-19881
§ 2254. Building permit.
A. No building permit shall be issued for the construction of any new building, stricture 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 (50), One- and two-family 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 06-01-2010
§225-6 SPRINKLER SYSTEMS § 225-6
Protection Association or other nationally recognized approval organization, as determined by
the Town Code Enforcement Officer.
225:4.1 06-01 -2010
§ 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.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 comer 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. 16-2009]
(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
250:7 06-01 -2010
§ 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.
§ 250-20. 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 § 250-12 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 06-01-2010
§ 250-21 VEHICLES AND TRAFFIC § 250-25
C. Any vehicle parked or abandoned on any highway within the Town of Ithaca where
stopping, standing or parking is prohibited, may be removed by the Town of Ithaca.
§ 250-22. Storage and charges.
The Town of Ithaca may store any vehicle removed pursuant to § 250-15 in a suitable place at
the expense of the owner. The owner, or person in charge of the vehicle, may redeem the
same upon payment to the Town of Ithaca of the amount of all expenses actually and
necessarily incurred in effecting such removal.
§ 250-23. Notice of removal.
The Town of Ithaca shall report promptly the removal and disposition of any vehicle pursuant
to §§ 250-15 and 250-16 to the County Sheriff. The Town shall also ascertain, to the extent
possible, the owner of the vehicle or person having the vehicle in charge and make reasonable
efforts by mail to notify that person of the removal and disposition of the vehicle and of the
amount required to redeem the vehicle.
§250-24. Review.
The owner, or the person in charge, of a vehicle that has been removed pursuant to § 250-15
may request a hearing to challenge the assessment of any expense imposed pursuant to
§ 250-16. The request for a hearing shall be in writing and shall be filed with the Town Clerk
within 15 days of receiving notice of the removal of the vehicle. The hearing shall be held
within 10 days after the request has been filed. The hearing shall be conducted by the Town
Supervisor or any other impartial person designated by the Town Supervisor. The scope of the
hearing shall be solely to determine whether the removal of the vehicle was authorized by
§ 250-15. The sole effect of a determination that the removal of the vehicle was not
authorized by § 250-15, shall be that the owner or person in charge of the vehicle shall not be
responsible for the expenses of towing and storage. Nothing in this article is intended to affect
the liability of the Town of Ithaca for any damage done to any vehicle during towing or
storage.
§ 250-25. When effective.
A. This article shall be effective 10 days after publication and posting in accordance with
§ 133 of the Town Law except those parts, if any, which are subject to approval under
§ 1684 of the Vehicle and Traffic Law of the State of New York (relating to approval of
traffic control devices on state roads).
B. Any part or parts of this article which are subject to approval under § 1684 of the
Vehicle and Traffic Law of the State of New York shall take effect from and after the
day on which approval in writing is received from the New York State Department of
Transportation.
250:9 06-01-2010
§ 270-6 ZONING § 270-8
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. 2
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
lines, or highway right-of-way lines shall be construed to be said boundaries.
B. Where zone boundaries are so indicated that they approximately follow the lot lines as
shown on plots of record at the time this chapter becomes effective, or lot lines on plots
of record at the time of any amendment rezoning an area, then such lot lines shall be
construed to be said boundaries.
C. Where zone boundaries are so indicated that they are approximately parallel to the center
lines of street lines or streets, or the center lines or right-of-way lines of highways, such
zone boundaries shall be construed as being parallel thereto and at such distance
therefrom as indicated on the Zoning Map. If no such distance is given, such dimension
shall be determined by the use of the scale shown on said Zoning Map.
D. Where the boundary of a zone follows a railroad line, such boundary shall be deemed to
be located in the middle of the main tracks of said railroad line.
E. Where the boundary of a zone follows a stream, lake or other body of water, unless
otherwise indicated said boundary line shall be deemed to be at the center line of said
stream, lake, or other body of water, unless said center line is outside the jurisdiction of
the Town of Ithaca, in which event said boundary line shall be deemed to be at the limit
of the jurisdiction of the Town of Ithaca.
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.
270:21 06-01-2010
§ 270-8 ITHACA CODE § 270-10
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
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.
1-20101
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
270:22 06-01 -2010
§ 270-10 ZONING §270-10
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.
270:22.1 06-01-2010
§ 270-219 ZONING § 270-219.1
existing structure or facilities will be artificially lighted or marked as a
result of the addition of the new facility; and
[6] Will be built, operated and maintained to acceptable industry standards,
including but not limited to the most recent, applicable standards of the
Institute of Electric and Electronic Engineers (IEEE) and the American
National Standards Institute (ANSI), and will meet generally accepted
good engineering practices and industry standards, including but not
limited to acceptable standards as to stability, wind and ice loads, and
bird protection.
(g) A statement as to whether site plan review is required for accessory
structures and/or equipment.
(h) Any applicable application fees or other fees.
(9) If site plan approval is required for accessory structures and/or equipment, the
Building and Zoning Enforcement Officer shall advise the Planning Board whether
all other building permit application requirements have been met and shall not
further process the building permit application until Planning Board site plan
approval has been granted.
(10) Miscellaneous.
(a) Any building permit or site plan approval issued hereunder shall be valid
only for the dimensions and number of antennas, equipment and structures
for the telecommunications facility as so approved. Any subsequent changes
or modifications shall require a new application for same following the
procedures set forth in this section.
(b) Whenever reference is made to an engineer's certificate or report in this
section, the same shall be provided by a professional engineer licensed in the
State of New York who is reasonably satisfactory to the Building and Zoning
Enforcement Officer.
§270-219.1. Solar collectors and installations. [Added 10-16-2006 by L.L. No. 11-20061
A. Rooftop and building-mounted solar collectors are permitted in all zoning districts in the
Town. Building permits shall be required for installation of rooftop and
building-mounted solar collectors.
B. Ground-mounted and freestanding solar collectors are permitted as accessory structures
in all zoning districts of the Town, subject to the following requirements:
(1) The location of the solar collector meets all applicable setback requirements of the
zone in which it is located.
(2) The height of the solar collector and any mounts shall not exceed 20 feet when
oriented at maximum tilt.
270:126.5 06-01-2010
§ 270-219.1 ITHACA CODE § 270-219.2
(3) The total surface area of all ground-mounted and freestanding solar collectors on
the lot shall not exceed 1,000 square feet.
(4) A building permit has been obtained for the solar collector.
(5) The solar collector is located in a side or rear yard.
C. 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 solar collectors. 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 solar collectors where such changes or additions meet a § 270-191 threshold.
D. All solar collector installations must be performed by a qualified solar installer, and prior
to operation, the electrical connections must be inspected by a Town Code Enforcement
Officer and by an appropriate electrical inspection person or agency, as determined by
the Town. In addition, any connection to the public utility grid must be inspected by the
appropriate public utility. [Amended 4-12-2010 by L.L. No. 3-20101
E. When solar storage batteries are included as part of the solar collector system, they must
be placed in a secure container or enclosure meeting the requirements of the New York
State Building Code when in use and when no longer used shall be disposed of in
accordance with the laws and regulations of Tompkins County and other applicable laws
and regulations.
F. If a solar collector ceases to perform its originally intended function for more than 12
consecutive months, the property owner shall remove the collector, mount and associated
equipment and facilities by no later than 90 days after the end of the twelve-month
period.
§ 270-219.2. Limitations on home occupations. [Added 2-12-2007 by L.L. No. 1-20071
Home occupations shall meet all of the following requirements:
A. An area of no more than 25% of the floor space of the dwelling (whether the home
occupation is conducted in the dwelling or in an accessory building) or 500 square feet
(whichever is less) shall be used for the home occupation.
B. No more than four persons (full- or part-time), including the household resident, shall be
involved in on-site business operations.
C. The owner and chief operating officer of the business must be a full-time resident of the
property on which the business is conducted.
D. No goods shall be offered for sale on the premises excepting those created, assembled, or
reconditioned completely on the property.
E. There shall be no exterior display or sign except as permitted by this chapter or Chapter
221, Signs, of the Code of the Town of Ithaca, no exterior storage of materials,
equipment (including commercial vehicles), or other items of commerce, and no other
270:126.6 06-01-2010
§ 270-219.4 ZONING § 270-219.4
(4) The small wind energy facility shall not interfere with electromagnetic
communications such as radio, telephone or television or emergency
communication systems.
(5) All small wind energy facilities shall be installed by a qualified wind energy
installer, and, prior to operation, the electrical connections and structural integrity
must be inspected by a Town Code Enforcement Officer and by appropriate
electrical and structural inspection persons or agencies, as determined by the
Town. [Amended 4-12-2010 by L.L. No. 3-20101
(6) The small wind energy facility, if connected to a public utility system for
net-metering purposes, shall meet the requirements for interconnection and
operation as set forth in the public utility's then-current service regulations
applicable to wind power generation facilities, and the connection shall be
inspected by the appropriate public utility.
(7) To reduce the possibility of nighttime bird collisions with any part of the small
wind energy facility, all on-site lighting shall conform with the Town's Outdoor
Lighting Law, Chapter 173 of the Town of Ithaca Code.
E. Building-mounted small wind energy facility standards. The following additional
requirements apply to building-mounted small wind energy facilities only:
(1) The diameter of the building-mounted small wind energy facility, when measured
from the furthest outward extensions of all moving parts, may not exceed seven
feet.
(2) The height of a building-mounted small wind energy facility mounted on a roof
shall not exceed 15 feet as measured from the base of the mount (the location at
which the mount and exterior layer of roof meet). The height of all other
building-mounted small wind energy facilities shall not exceed 15 feet above the
highest point of the building's roof, excluding chimneys, antennas and other similar
protuberances.
(3) If more than one building-mounted small wind energy facility is installed, a
distance equal to the length of the height of the tallest building-mounted small
wind energy facility must be maintained between the bases of each
building-mounted small wind energy facility.
(4) A letter or certificate bearing the signature of a certified New York State
professional engineer must be submitted to the Code Enforcement Officer,
indicating that the existing structure onto which the building-mounted small wind
energy facility will be attached is capable of withstanding the additional load,
force, torque, and vibration imposed by the building-mounted small wind energy
facilities for the foreseeable future; will comply with seismic and structure
provisions set out in state and national building codes; all related components have
been designed in accordance with generally accepted good engineering practices
and in accordance with generally accepted industry standards; and if constructed in
accordance with the plans the entire facility, including the building onto which the
wind energy facility will be attached, will be safe, will be in accordance with all
270:126.13 06-01-2010
§ 270-219.4 ITHACA CODE § 270-219.4
applicable governmental building codes, laws, and regulations, and in accordance
with generally accepted good engineering practices and industry standards,
including, without limitation, acceptable standards for stability, wind and ice loads.
F. Appearance.
(1) No small wind energy facilities shall be used for signage, promotional or
advertising purposes, including but not limited to company names, phone numbers,
banners, streamers, and balloons. Reasonable identification of the manufacturer or
owner of the small wind energy facility is permitted.
(2) Small wind energy facilities shall be painted or finished with a nonreflective,
unobtrusive color that blends the system and its components into the surrounding
landscape to the greatest extent possible and shall incorporate nonreflective
surfaces to minimize visual disruption.
(3) No small wind energy facility shall be artificially lighted except to the extent
required by the Federal Aviation Administration or other applicable authority.
G. Removal.
(1) If a small wind energy facility ceases to perform its originally intended function
for more than 12 consecutive months, the property owner shall so notify the Town
Clerk in writing within 30 days after the end of such twelve-month period, and the
property owner shall remove the tower, rotor, guy wires, and associated equipment
and facilities by no later than 90 days after the end of the twelve-month period.
(2) If the property owner fails to remove the small wind energy facility within the time
frame described above, the Town Code Enforcement Officer may issue the
property owner a notice of violation directing facility removal within a specified
time frame. Said notice of violation shall further advise that, should the violator
fail to meet the established deadline, the work may be done by a designated
governmental agency or a contractor, with the expense thereof to be charged to the
violator and/or to become a lien against the premises.
(3) If removal of the small wind energy facility is not completed to the satisfaction of
the Code Enforcement Officer within the period set forth in the Town's notice of
violation or Town Board's decision after any appeal thereof pursuant to Subsection
G(5) below, the Town may enter the premises to perform the removal or cause it
to be made. The Town's entry onto such premises shall be pursuant to an
agreement between the Town and landowner. If no agreement exists or can be
obtained in a timely manner, the Town may enter such property to remove an
imminent danger to life, property or safety of the public caused by the
nonfunctioning small wind energy facility. The Town further may seek a warrant
from a court of competent jurisdiction for access to the premises and/or may seek a
court order requiring or authorizing all actions reasonably necessary to remove the
facility, with the costs of such actions the sole responsibility of the violator.
(4) The Town shall present the landowner with a bill for all costs and expenses
incurred by the Town in connection with the removal and disposal of the small
270:126.14 06-01-2010
§ 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
DL:5 06-01-2010