HomeMy WebLinkAboutTB Packet 2022-12-28YEAR END MEETING OF THE ITHACA TOWN BOARD
Wednesday, December 28, 2022 - 11:00 a.m.
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AGENDA
1. Call To Order
2. Public Hearing Regarding Proposed Local Laws:
a. Amending Chapter 125 of the Town of Ithaca Code, titled "Building Construction and
Fire Prevention," to conform Chapter 125 with New York State Requirements for
Administration and Enforcement of New York State Uniform Code and Energy Code
i. Consider Adoption
b. Amending Town of Ithaca Code Chapter 270, Zoning, Article XXVI, Special
Regulations, Regarding Short -Term Rental Use Regulations associated with
Cooperative Corporations, Trusts, and Operating Permits Preview of Inlet Valley
Overlay District Draft Local Law
3. Consider setting a public hearing regarding changes to Town of Ithaca Code — Ithaca
Energy Code
4. Consider authorization for the Town Supervisor to sign an Agreement with Barton &
Loguidice for Engineering Services associated with the Townline Road Bridge NY grant
application
5. Preview of the Inlet Valley Overlay District legislation
6. Consider appointment of Director of Planning
7. Consider Resolution of Appreciation — Liebe Meier Swain
8. Consent
a. Town Board Minutes
b. Town of Ithaca Abstract
c. Referral of draft Inlet Valley Overlay District local law to the Planning Board
d. Ratify appointment of Electrical Mechanical Technician at SCLIWC.
Adjourn
Item 2a
YEAR END MEETING OF THE ITHACA TOWN BOARD
Wednesday, December 28, 2022 - 11:00 a.m.
TB Resolution 2022 - : A local law amending Chapter 1.25 of the Town of Ithaca Code,
titled `Building Construction and Fire Prevention," to conform Chapter 125 with New
York State requirements for administration and enforcement of New York State Uniform
Code and Energy Code
Resolved that the Town Board adopts local law number of 2022 entitled "A local law
amending Chapter 125 of the Town of Ithaca Code, titled "Building Construction and Fire
Prevention," to conform Chapter 125 with New York State requirements for administration and
enforcement of New York State Uniform Code and Energy Code" as presented and discussed at
a duly advertised and held public hearing on December 28, 2022.
Moved: Seconded:
Vote:
TOWN OF ITHACA
LOCAL LAW NO. OF THE YEAR 2020
A LOCAL LAW AMENDING CHAPTER 125 OF THE TOWN OF ITHACA CODE,
TITLED "BUILDING CONSTRUCTION AND FIRE PREVENTION," TO CONFORM
CHAPTER 1.25 WITH NEW YORKK STATE REQUIREMENTS FOR
ADMINISTRATION AND ENFORCEMENT OF NEW YORK STATE
UNIFORM CODE AND ENERGY CODE
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 125 of the Town of Ithaca Code (Building Construction and Fire
Prevention) is hereby amended in its entirety to read as follows:
"§ 125-1. Scope.
This chapter shall provide the basic method for administration and enforcement of the New
York State Uniform Fire Prevention and Building Code (hereinafter referred to as the "Uniform
Code"), the Energy Conservation Construction Code of New York State (hereinafter referred
to as the "ECCCNYS"), and the Energy Code Supplement found at Chapter 144 of the Code
of the Town of Ithaca (hereinafter referred to as the "ECS"), and shall establish powers, duties,
and responsibilities in connection therewith.
§ 125-2. Administration.
A. Code Enforcement Officers are appointed by the Town Board. The Code Enforcement
Officers are hereby designated to administer and enforce the Uniform Code, ECCCNYS,
ECS, and this chapter within the Town of Ithaca.
B. The Town Board may also designate by resolution other individuals, entities, or inspectors
to administer and enforce the Uniform Code, ECCCNYS, ECS, and this chapter who
would act under the supervision and direction of the Code Enforcement Officer, assist the
Code Enforcement Officer, and carry out all powers and duties of Code Enforcement
Officers listed in this chapter, provided that such individuals, entities and inspectors shall
not have the power to issue building permits, certificates, orders, and appearance tickets
unless they are public officers. Any individuals, entities or inspectors designated by the Town
Board to administer and enforce the Uniform Code, ECCCNYS, ECS and this chapter shall
have background experience and qualifications comparable to those of an individual who
has met the requirements of 19 NYCRR Part 434 (Minimum Standards for Code
Enforcement Personnel in the State of New York), as amended, or any successor regulation,
and the Code Enforcement Officer shall obtain certification from the Department of State
pursuant to the Executive Law and the regulations promulgated thereunder.
C. The Code Enforcement Officer and Town Board -appointed inspectors shall, within the
time prescribed by law, obtain such basic training, in-service training, advanced in-service
training, and other training as the State of New York shall require for code enforcement
personnel and inspectors.
D. The Code Enforcement Officer shall have the authority to approve qualified, additional
inspectors that are not considered employees, such as but not limited to, third parry
inspectors and special inspectors, which assist the Code Enforcement Officer in
fulfillment of their duties.
E. The compensation for the Code Enforcement Officer and Town Board -appointed
inspectors shall be fixed from time to time by the Town Board.
§ 125-3. Definitions.
Assembly Area
An area in any building, or in any portion of a building, that is primarily used or intended
to be used for gathering fifty or more persons for uses including, but not limited to,
amusement, athletic, entertainment, social, or other recreational functions; patriotic,
political, civic, educational, or religious functions; food or drink consumption; awaiting
transportation; or similar purposes.
Building Permit
A building permit, construction permit, demolition permit, or other permit that authorizes
the performance of work. The term "Building Permit" shall also include a Building
Permit which is renewed, amended, or extended pursuant to any provision of this chapter.
Certificate of Compliance
A document issued by the Town stating that work was done in compliance with approved
construction documents and the Codes.
Certificate of Occupancy
A document issued by the Town certifying that the building or structure, or portion
thereof, complies with the approved construction documents that have been submitted to,
and approved by the Town, and indicating that the building or structure, or portion
thereof, is in a condition suitable for occupancy.
Code Enforcement Officer
The Town's Director of Code Enforcement and Zoning, and Town employees appointed
by the Town Board as Code Enforcement Officers.
Codes
The Uniform Code, ECCCNYS, and ECS.
ECCCNYS
The Energy Conservation Construction Code of New York State.
ECS
The Energy Code Supplement found at Chapter 144 of the Code of the Town of Ithaca.
FCNYS
The Fire Code of New York State as incorporated by reference in 19 NYCRR Part 1225.
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Fire Safety and Property Maintenance Inspection
An inspection performed to determine compliance with the applicable provisions of 19
NYCRR Part 1225 and the publications incorporated therein by reference and the
applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein
by reference.
Hazardous Production Materials
A solid, liquid, or gas associated with semiconductor manufacturing that has a degree -of -
hazard rating in health, flammability, or instability of Class 3 or 4, as ranked by NFPA 704
(Standard Systems for Identification of the Hazards of Materials for Emergency Response),
and which is used directly in research, laboratory, or production processes which have, as
their end product, materials that are not hazardous.
Mobile Food Preparation Vehicles
Vehicles that contain cooking equipment that produces smoke or grease -laden vapors for
the purpose of preparing and serving food to the public. Vehicles intended for private
recreation shall not be considered mobile food preparation vehicles.
Operating Permit
A permit issued pursuant to § 125-9. The term "Operating Permit" shall also include an
Operating Permit which is renewed, amended, or extended pursuant to any provision of
this chapter.
Order to Remedy
An order issued by the Code Enforcement Officer pursuant to §§ 125-6 and 125-14.
Permit Holder
The Person to whom a Building Permit has been issued.
Person
An individual, corporation, limited liability company, partnership, limited partnership,
business trust, estate, trust, association, or any other legal or commercial entity of any kind
or description.
PMCNYS
The Property Maintenance Code of New York State as incorporated by reference in 19
NYCRR Part 1.226.
RCNYS
The Residential Code of New York State as incorporated by reference in 19 NYCRR Part
1220.
Repair
The reconstruction, replacement, or renewal of any part of an existing building for the
purpose of its maintenance or to correct damage.
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Stop Work Order
An order issued pursuant to § 125-7.
Sugarhouse
A building used, in whole or in part, for the collection, storage, or processing of maple sap
into maple syrup and/or maple sugar.
Temporary Certificate of Occupancy
A certificate issued pursuant to § 125-8.
Town
The Town of Ithaca.
Town Board
The Town Board of the Town of Ithaca,
Uniform Code
The New York State Uniform Fire Prevention and Building Code, Subchapter A of Chapter
XXXIII of Title 19 of the NYCRR, adopted pursuant to Article 18 of the Executive Law.
§ 125-4. Rules and regulations.
A The Town Board may adopt rules and regulations for the administration and enforcement
of the Uniform Code, ECCCNYS, and ECS. Such rules and regulations shall not conflict
with the Uniform Code, this chapter, or any other provision of law.
B. The Code Enforcement Officer shall have the following powers and duties:
(1) to receive, review, and approve or disapprove applications for Building Permits,
Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of
Occupancy, and Operating Permits, and the plans, specifications, and construction
documents submitted with such applications;
(2) upon approval of such applications, to issue Building Permits, Certificates of
Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and
Operating Permits, and to include in terms and conditions as the Code Enforcement
Officer may determine to be appropriate Building Permits, Certificates of
Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and
Operating Permits;
(3) to conduct construction inspections; inspections to be made prior to the issuance of
Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of
Occupancy, and Operating Permits; fire safety and property maintenance inspections;
inspections incidental to the investigation of complaints; and all other inspections
required or permitted under any provision of this chapter;
(4) to issue Stop Work Orders pursuant to § 125-7;
(5) to review and investigate complaints pursuant to § 125-12;
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(6) to issue orders pursuant to §§ 125-6 and 125-14;
(7) to maintain records pursuant to § 125-16;
(8) to collect fees as set from time to time by Town Board resolution;
(9) to pursue administrative enforcement actions and proceedings;
(10) in consultation with the Town's attorney, to pursue such legal actions and
proceedings as may be necessary to enforce the Uniform Code, the ECCCNYS, the
ECS, this chapter, and Chapter 270, Zoning, of the Code of the Town of Ithaca, or to
abate or correct conditions not in compliance with the Uniform Code, the
ECCCNYS, the ECS, this chapter, or Chapter 270, Zoning, of the Code of the Town
of Ithaca; and
(11) to exercise all other powers and fulfill all other duties conferred upon the Code
Enforcement Officer by this chapter.
§ 1.25-5 Building permits.
A. No person, firm, corporation, association or other organization or entity shall commence
the erection, construction, enlargement, alteration, improvement, repair, removal, or
demolition of any building or structure (including signs, except as specified in Article
XXIX, Signs, of Chapter 270, Zoning, of the Code of the Town of Ithaca), nor install
heating equipment, nor undertake any other work which must conform to the Uniform
Code, ECCCNYS, or ECS, without having applied for and obtained a building permit from
a Code Enforcement Officer. Notwithstanding the foregoing, no building permit shall be
required for:
(1) Construction or installation of a one-story accessory building in an agricultural or
residential district associated with one- or two-family dwellings ormultiple single-
family dwellings (townhouses), provided that such building:
(a) Is used for a tool or storage shed, playhouse or other similar use;
(b) Costs less than $10,000;
(c) Is less than 12 feet in height and has a gross floor area that does not exceed 144
square feet;
(d) Does not involve the installation or extension of electrical, plumbing, or heating
systems; and
(e) Does not include the installation of solid fuel -burning heating appliances and
associated chimneys and flues.
(2) Construction of parking spaces for one- or two-family dwellings or multiple single-
family dwellings (townhouses);
(3) Installation of swings and other playground equipment associated with a one- or two-
family dwelling or multiple single-family dwellings (townhouses);
(4) Installation of swimming pools associated with a one- or two-family dwelling or
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multiple single-family dwellings (townhouses) where such pools are designed for a
water depth of less than 24 inches and are installed entirely above ground;
(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, II or IIIA liquids as defined in the Uniform Code, or are over four 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 (5'9") 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;
(13) Installation of municipal water or sewer utility buildings, provided such building:
(a) Does not exceed 500 square feet, and
(b) Is used only for utility equipment related to municipal water and sewer; and
(14) 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, the ECCCNYS, or the ECS
and shall in no case relieve the property owner from compliance with other provisions of
this chapter or of the Uniform Code, the ECCCNYS, the ECS, or any successor laws,
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ordinances, statutes or regulations.
C. Applications for Building Permits. Applications for a Building Permit shall be made in
writing on a form provided by or otherwise acceptable to 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
Uniform Code, the ECCCNYS, the ECS, this chapter, Chapter 270, Zoning, of the
Code of the Town of Ithaca, and other applicable state and local laws, ordinances
and regulations. All applications shall include the following information and
documentation:
(a) A description of the location, nature, extent, and scope of the proposed work;
(b) The Tax Map number and the street address where the work is to be
performed;
(c) The occupancy classification, as defined by the Uniform Code, of any
affected building or structure;
(d) Where applicable, a statement of special inspections or certifications
prepared in accordance with the provisions of the Uniform Code and/or ECS;
(e) The full name and address of the owner and applicant and, if either be a
corporation, the names and addresses of responsible officers. If an agent is
designated on behalf of the owner, written designation that the agent is
permitted to apply for and act on behalf of the owner is to be provided from
the owner. A contract indicating such agent shall also be deemed to satisfy
this condition;
(t} The estimated cost of the proposed work with appropriate substantiation as
may be required by the Code Enforcement Officer;
(g) The signature of the applicant or authorized agent;
(h) The building permit fee as set from time to time by Town Board resolution;
(i) A statement that the work shall be performed in compliance with Chapter 270,
Zoning, the Uniform Code, the ECCCNYS, the ECS, this chapter, and other
applicable state and local laws, ordinances, and regulations; and
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, the ECCCNYS, the ECS,
and this chapter.
(lc) At least two sets of construction documents (drawings and/or specifications)
which:
[ 1 ] Describe, with sufficient clarity and detail, the location, nature, extent,
and scope of the proposed work;
[2] Show that the proposed work will conform to the applicable provisions
of the applicable Codes;
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[3] Show the location, construction, size, and character of all portions of the
means of egress;
[4] Show a representation of the building thermal envelope;
[5] Show structural information including but not limited to braced wall
designs, the size, section, and relative locations of structural members,
design loads, and other pertinent structural information;
[6] Show the proposed structural, electrical, plumbing, mechanical, fire -
protection, and other service systems of the building;
[7] Include a written statement indicating compliance with the ECCCNYS
and the ECS;
[8] Include a site plan, drawn to scale and drawn in accordance with an
accurate boundary survey, showing the size and location of new
construction and existing structures and appurtenances on the site,
distances from lot lines, the established street grades and the proposed
finished grades, and, as applicable, flood hazard areas, floodways, and
design flood elevations;
[9] Include evidence that the documents were prepared by a licensed and
registered architect in accordance with Article 147 of the New York
State Education Law or a licensed and registered professional engineer
in accordance with Article 145 of the New York State Education Law
and practice guidelines, including but not limited to the design
professional's seal which clearly and legibly shows both the design
professional's name and license number and is signed by the design
professional whose name appears on the seal in such a manner that
neither the name nor the number is obscured in any way, the design
professional's registration expiration date, the design professional's
firm name (if not a sole practitioner), and, if the documents are
submitted by a professional engineering firm and not a sole practitioner
professional engineer, the firm's Certificate of Authorization number;
and
[10] 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 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.
(2) Construction documents shall not be accepted as part of an application for a
building permit unless such documents satisfy the requirements as identified in
accordance with subsection k of § 125-5C;
(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, the ECCCNYS, the ECS, this chapter, 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, or in the case of electronic media, an electronic
marking. 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. The return of a set of accepted
construction documents to the applicant shall not be construed as authorization to
commence work, nor as an indication that a building permit will be issued. Work
shall not be commenced until and unless a building permit is issued.
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,
the ECCCNYS, the ECS, this chapter, 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, the ECCCNYS, the ECS, Chapter 270, Zoning, this
chapter, and all other applicable laws, rules and regulations. If the Code Enforcement
Officer determines that such change warrants a new or amended building permit, such
change shall not be made until and unless a new or amended building permit reflecting
such change is issued.
F. Building permits shall be required to be conspicuously 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 the
ECCCNYS, with the ECS, with this chapter, 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 or amended building permit.
H. Building Permits shall become invalid unless the authorized work is commenced within
six (6) months following the date of issuance. A building permit shall expire one (1) year
from the date of issuance or upon the issuance of a certificate of occupancy or certificate
of compliance (other than a temporary certificate of occupancy or certificate of
compliance), whichever occurs first. Permits that are soon expiring and permits that have
been expired for less than thirty-one (31) days 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; a complete application for renewal is submitted no more than (thirty) 30 days
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after any expiration; 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; and an application
fee, as set from time to time by Town Board resolution, shall be paid for such permits. A
Building Permit may not be valid for a period of more than five (5) years, including
extensions.
L 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 the Code Enforcement
Officer 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.
(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.
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(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 their 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 their 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 set, from time to time, by
Town Board resolution.
§ 125-6. Construction inspections.
A. Permitted work shall be required to remain accessible and exposed until inspected and
accepted by the Code Enforcement Officer. Permit holders shall be required to notify the
Code Enforcement Officer a minimum of 24 hours in advance of when construction work
is ready for inspection. Inspections can be scheduled in less than 24 hours where approved
by the Code Enforcement Officer.
(1) At the discretion of the Code Enforcement Officer or inspector authorized to perform
construction inspections, a remote inspection may be performed in lieu of an in -
person inspection when, in the opinion of the Code Enforcement Officer or such
authorized inspector, the remote inspection can be performed to the same level and
quality as an in -person inspection and the remote inspection shows to the satisfaction
of the Code Enforcement Officer or such authorized inspector that the elements of
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the construction process conform with the applicable requirements of the Uniform
Code, ECCCNYS, and ECS. Should a remote inspection not afford the Code
Enforcement Officer or such authorized inspector sufficient information to make a
determination, an in -person inspection shall be performed.
B. Provisions shall be made for, but not limited to, inspection of the following elements of the
construction process, where applicable:
(1) Work site prior to the issuance of a permit;
(2) Footing and foundation;
(3) Preparation for concrete slab;
(4) Framing;
(5) structural, electrical, plumbing, mechanical, fire -protection, and other similar service
systems of the building, including underground and rough -in;
(6) Fire-resistant construction;
(7) Fire-resistant penetrations;
(8) Solid fuel -burning heating appliances, chimneys, flues or gas vents;
(9) Inspections required to demonstrate ECCCNYS and ECS compliance, including but
not limited to insulation, fenestration, air leakage, system controls, mechanical
equipment size, and, where required, minimum fan efficiencies, programmable
thermostats, energy recovery, whole -house ventilation, plumbing heat traps, and
high-performance lighting and controls;
(10) Installation, connection, and assembly of factory manufactured buildings and
manufactured homes; and
(11) 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, the ECCCNYS, or the ECS. Construction work not in compliance with Uniform
Code, ECCCNYS, or ECS provisions shall be required to remain exposed until it has been
brought into compliance with the Uniform Code, the ECCCNYS, and the ECS, been
reinspected, and been found satisfactory as completed.
D. To facilitate such inspection and to ensure compliance with appropriate Zoning, Uniform
Code, ECCCNYS, and ECS 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,
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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;
(4) As -built construction documents to provide sufficient clarity to identify any changes
that have occurred with the project to show compliance with the permit/application
as approved and compliance with the Uniform Code, the ECCCNYS, the ECS, and
applicable Zoning.
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 or activity
found to exist in, on, or about any building, structure or premises in violation of the
Uniform Code, the ECCCNYS, the ECS, this chapter, 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 and serve such order, all as set forth in §
125-14. If such condition or activity is not remedied within the time set forth, among any
other remedies that may be available to the Town of Ithaca, the Code Enforcement Officer
or other person lawfully designated by the Town Board may revoke the building permit for
such construction and no further construction shall occur until a new permit has been
issued as specified in § 125-5G. The Code Enforcement Officer or other person lawfully
designated by the Town Board shall have the right of entry, at all reasonable hours, to any
building, structure, or site where work or activity is contemplated or being done under the
provisions of this chapter, or to any building or site alleged to be unsafe to life or health,
upon the exhibition of proper evidence of their position at or authorization from the Town.
Interference with such authorized entry in an official capacity shall be punishable as a
violation of this chapter.
§ 1.25-7. Stop -work orders.
A. Authority to issue. The Code Enforcement Officer is authorized to issue stop -work orders
pursuant to this section. The Code Enforcement Officer shall issue a stop- work order to
halt:
(1) Any work that is determined by the Code Enforcement Officer to be contrary to any
applicable provision of the Uniform Code, the ECCCNYS, the ECS, Chapter 270,
Zoning, this chapter, or any other applicable law, rule or regulation, without regard
to whether such work is or is not work for which a building permit is required, and
without regard to whether a building permit has or has not been issued for such work;
or
(2) Any work that is being conducted in a dangerous or unsafe manner in the opinion of
the Code Enforcement Officer, without regard to whether such work is or is not work
for which a building permit is required, and without regard to whether a building
permit has or has not been issued for such work; or
(3) Any work for which a building permit is required which is being performed without
the required building permit, or under a building permit that has become invalid, has
expired, or has been suspended or revoked.
B. Content of stop -work orders. Stop -work orders shall:
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(1) Be in writing;
(2) Be dated and signed by the Code Enforcement Officer;
(3) State the reason or reasons for issuance;
(4) If applicable, state the conditions which must be satisfied before work will be
permitted to resume.
C. Service of stop -work orders. The Code Enforcement Officer shall cause the stop -work
order, or a copy thereof, to be served on the owner of the affected property (and, if the
owner is not the building permit holder, on the building permit holder) personally or by
certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause
the stop -work order, or a copy thereof, to be served on any builder, architect, tenant,
contractor, subcontractor, construction superintendent, or their agents, or any other person
taking part or assisting in work affected by the stop -work order, personally or by certified
mail; provided, however, that failure to serve any person mentioned in this sentence shall
not affect the efficacy of the stop- work order.
D. Effect of stop -work order. Upon the issuance of a stop -work order, the owner of the affected
property, the building permit holder and any other person performing, taking part in or
assisting in the work shall immediately cease all work which is the subject of the stop -work
order.
E. Remedy not exclusive. The issuance of a stop -work order shall not be the exclusive remedy
available to address any event described in Subsection A of this section, and the authority
to issue a stop -work order shall be in addition to, and not in substitution for or limitation
of, the right and authority to pursue any other remedy or impose any other penalty under §
125-15 or other sections of this chapter or under any other applicable local law or state law.
Any such other remedy or penalty may be pursued at any time, whether prior to, at the time
of, or after the issuance of a stop -work order.
§ 1.25-8. Certificates of occupancy and certificates of compliance.
A. A certificate of occupancy or certificate of compliance shall be required for all work for
which a building permit is required to be issued under this chapter, any other Code
provision, local law, ordinance, rule or regulation of the Town of Ithaca, or the Uniform
Code, the ECCCNYS, the ECS, or any successor statute or regulation. Further, a certificate
of occupancy or certificate of compliance shall be required for all buildings, structures, or
portions thereof, which are converted from one general use or occupancy classification or
subclassification, as defined by the Uniform Code, to another. The following requirements
shall also apply:
(1) Except as set forth below in Subsection B, a building or structure for which a building
permit is required to be issued shall not be used or occupied in whole or in part until
the certificate of occupancy or certificate of compliance shall have been issued by the
Code Enforcement Officer or such other person lawfully designated by the Town of
Ithaca. The Code Enforcement Officer or designee shall inspect the building,
structure or work prior to the issuance of a certificate of occupancy or certificate of
compliance. In addition, where applicable, a written statement of structural
observations and/or a final report of special inspections, certifications, flood hazard
certifications, and where applicable the affixation of the appropriate seals, insignias,
14
and manufacturer's data plates as required for factory manufactured buildings and/or
manufactured homes, prepared at the expense of the applicant in accordance with the
provisions of the Uniform Code, the ECCCNYS, and/or the ECS by such person or
persons as may be designated by or are otherwise acceptable to the Code Enforcement
Officer, must be received by the Code Enforcement Officer prior to the issuance of
the certificate. Such certificate of occupancy or certificate of compliance shall be
issued when, after final inspection, it is determined that the construction and other
work has been completed in compliance with the Uniform Code, the ECCCNYS, the
ECS, this chapter, Chapter 270, Zoning, and other applicable laws, rules and
regulations.
(2) A certificate of occupancy or certificate of compliance shall contain the following
information:
(a) The building permit number, if any;
(b) The date of issuance of the permit, if any;
(c) The name, address and Tax Map number of the property;
(d) If the certificate is not applicable to an entire structure, a description of that
portion of the structure for which the certificate is issued;
(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) Any special conditions imposed in connection with the issuance of the building
permit; and
(i) The signature of the official issuing the certificate and the date of issuance.
(3) The fees for certificates of occupancy and certificates of compliance are set from time
to time by Town Board resolution. The applicable fee shall be paid before a certificate
of occupancy or certificate of compliance is issued.
B. Upon written request, the Code Enforcement Officer may issue a temporary certificate of
occupancy or certificate of compliance 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 (1) the structure or portions thereof may be occupied safely, (2) fire and
life safety components, such as fire protection equipment and fire, smoke, carbon
monoxide, and heat detectors and alarms are installed and operational, (3) all required
means of egress from the structure havebeen provided, and (4) the conditions set forth
below are met.
(1) Before issuing a temporary certificate of occupancy or certificate of compliance 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
15
improvements to the point where the building, structure or site improvements
would qualify for a permanent certificate of occupancy or certificate of
compliance because of
[1] Construction delays resulting from:
16
[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 or certificate of compliance is related
to the normal seasonal occupancy dates (e.g., late August when the
community has the normal influx of university -related residents); or
[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 or certificate of compliance 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 or certificate of compliance is sought will be fully completed and qualify
for a permanent certificate of occupancy or certificate of compliance 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 or certificate of compliance 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 or certificate of compliance
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 or
certificate of compliance.
(6) Issuance of a temporary certificate of occupancy or certificate of compliance is not
to be construed as a determination that a final certificate of occupancy or certificate
of compliance will be automatically issued.
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O In addition to the Town Board's privilege of revoking the temporary certificate of
occupancy or certificate of compliance, 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 their judgment that the applicant
is not proceeding diligently and properly to complete whatever work remains
in order to obtain a permanent certificate of occupancy or certificate of
compliance.
(c) The Code Enforcement Officer becomes aware of information not previously
submitted or available that makes issuance of a temporary certificate of
occupancy or certificate of compliance 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 or certificate of compliance 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 or certificate of compliance
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 or certificate of compliance 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 or certificate of compliance set forth in this § 125-813
have been met.
[2] To reduce or waive the fee charged for a temporary certificate of
occupancy or certificate of compliance 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 or certificate of
compliance, and any temporary occupancy certificates, including
the one for which a reduction in fee is requested; and
[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 or certificate of
compliance 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 or certificate of compliance set forth in this § 125-813
have been met.
(b) The Town Board, in granting an application for a longer temporary certificate
of occupancy or certificate of compliance or a reduction in fee may impose such
reasonable conditions as it deems appropriate under the circumstances
pertaining.
(10) A temporary certificate of occupancy or certificate of compliance 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 or certificate of compliance will not endanger life, health, property, or the
public welfare. The issuance of a temporary certificate of occupancy or certificate of
compliance 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
or certificate of compliance based upon construction pursuant to a building permit.
(11) The fee for the issuance of a temporary certificate of occupancy or certificate of
compliance shall be as set from time to time by Town Board resolution. A fee for
extension of a temporary certificate of occupancy or certificate of compliance shall
be calculated in accordance with Subsection B(8) above.
C. Revocation or suspension of certificates. If the Code Enforcement Officer determines that
a certificate of occupancy or certificate of compliance was issued in error because of
incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not
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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.
§ 1.25-9.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 § 125-10 below, obtained an operating permit:
(1) Manufacturing, storing or handling hazardous materials in quantities exceeding those
listed in the applicable Maximum Allowable Quantity tables found in Chapter 50 of
the FCNYS.
(2) Buildings, structures, facilities, processes, and/or activities that are within the scope
and/or permit requirements of the chapter or section title of the FCNYS as follows:
(a) Chapter 22, "Combustible Dust -Producing Operations." Facilities where the
operation produces combustible dust;
(b) Chapter 24, "Flammable Finishes." Operations utilizing flammable or
combustible liquids, or the application of combustible powders regulated by
Chapter 24 of the FCNYS;
(c) Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or crop -ripening
facility or conducting a fruit -ripening process using ethylene gas;
(d) Chapter 26, "Fumigation and Insecticidal Fogging." Conducting fumigation or
insecticidal fogging operations in buildings, structures, and spaces, except for
fumigation or insecticidal fogging performed by the occupant of a detached
one -family dwelling;
(e) Chapter 31, "Tents, Temporary Special Event Structures, and Other Membrane
Structures." Operating an air -supported temporary membrane structure, a
temporary special event structure, or a tent where approval is required pursuant
to Chapter 31 of the FCNYS;
(f) Chapter 32, "High -Piled Combustible Storage." High -piled combustible
storage facilities with more than 500 square feet (including aisles) of high -piled
storage;
(g) Chapter 34, "Tire Rebuilding and Tire Storage." Operating a facility that stores
in excess of 2,500 cubic feet of scrap tires or Lire byproducts or operating a tire
rebuilding plant;
(h) Chapter 35, "Welding and Other Hot Work." Performing public exhibitions and
demonstrations where hot work is conducted, use of hot work, welding, or
cutting equipment, inside or on a structure, except an operating permit is not
required where work is conducted under the authorization of a building permit
or where performed by the occupant of a detached one- or two-family dwelling;
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(i) Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting an
alternative activity at a sugarhouse;
(j) Chapter 56, "Explosives and Fireworks." Possessing, manufacturing, storing,
handling, selling, or using explosives, fireworks, or other pyrotechnic special
effects materials except the outdoor use of sparkling devices as defined by New
York Penal Law § 270;
(k) Section 307, "Open Burning, Recreational Fires and Portable Outdoor
Fireplaces." Conducting open burning, not including recreational fires and
portable outdoor fireplaces;
(1) Section 308, "Open Flames." Removing paint with a torch, or using open
flames, fire, and burning in connection with assembly areas or educational
occupancies; and
(m) Section 319, "Mobile Food Preparation Vehicles." Operating a mobile food
preparation vehicle, as defined by the FCNYS. All operations must be in
accordance with the requirements of Ithaca Town Code Chapter 202, Food
Trucks.
(3) Energy storage systems, where the system exceeds the values shown in Table 1206.1
of the FCNYS or exceeds the permitted aggregate ratings in section R327.5 of the
RCNYS.
(4) Outdoor events where the planned attendance exceeds 1,000 persons.
(5) Parking garages as defined in § 125-13A.
(6) Multiple residences/multifamily dwellings involving buildings or properties
containing three or more dwelling units.
(7) Health care facilities where more than 10 people normally sleep nightly, including
hospitals, nursing homes, infirmaries, and sanitariums.
(8) Child and adult day-care centers and facilities as defined in Chapter 270, Zoning, of
the Code of the Town of Ithaca.
(9) Dormitories providing accommodations for sleeping for hire for more than four
people.
(10) Motels or hotels providing sleeping accommodations for hire for more than four
people.
(11) Buildings containing one or more areas of public assembly with an occupant load of
50 persons or more.
(12) All residential rental dwelling units and accessory dwelling units that are required to
have operating permits per Town of Ithaca Code Chapter 207, Article I (Operating
Permits for Certain Residential Rental Units), or Town of Ithaca Code Chapter 270
(Zoning), § 270-219.6B(2). Notwithstanding any provision to the contrary in this §
125-9, the occupancy of such units prior to an owner obtaining required operating
21
permits shall be governed by the applicable provisions of Chapter 207, Article
(Operating Permits for Certain Residential Rental Units), and § 270-219.6B(2).
(13) All short-term rental uses that are required to have operating permits per Town of
Ithaca Code Chapter 270 (Zoning), §270-21.9.7E. Notwithstanding any provision to
the contrary in this § 1.25-9, the use or offer of such units for short- term rental use
prior to an owner obtaining required operating permits shall be governed by the
applicable provisions of §270-219.7E.
(14) Buildings whose use or occupancy classification may pose a substantial potential
hazard to public safety, as determined by the Code Enforcement Officer.
B. Any individual or entity who proposes to undertake the types of activities or operate the
types of facilities listed in Subsection A of this section shall be required to obtain an
operating permit from the Town prior to commencing such operation. An application for
an operating permit shall be made for each building. An application for an operating permit
shall be on a Town -provided form and shall contain sufficient information to permit a
determination by the Code Enforcement Officer that quantities, materials, and activities
conform to the requirements of the Uniform Code. Tests or reports that the Code
Enforcement Officer determines are necessary to verify conformance shall be required at
the expense of the applicant and shall be conducted by such persons as may be designated
by or are otherwise acceptable to the Code Enforcement Officer.
C. The Code Enforcement Officer or designee authorized by the Code Enforcement Officer
shall inspect the subject premises, if applicable, prior to the issuance of an operating permit.
D. In any circumstance in which more than one activity listed in. Subsection A of this section
is to be conducted at a location, the Code Enforcement Officer may require a separate
operating permit for each such activity, or the Code Enforcement Officer may, in their
discretion, issue a single operating permit to apply to all such activities.
E. Operating permits shall be valid for the following durations, as applicable, unless earlier
revoked or suspended:
(1) Valid for a period of five years, in the case of an operating permit issued for all
residential rental dwelling units and accessory dwelling units that are required to have
operating permits per Town of Ithaca Code Chapter 207, Article I (Operating
Permits for Certain Residential Rental Units), or Town of Ithaca Code Chapter 270
(Zoning), § 270-21.9.6B(2);
(2) Valid for a period not to exceed 180 days for tents, temporary special event structures,
and other membrane structures.
(3) Valid for a period not to exceed 60 days for alternative activities (as identified in the
Uniform Code) at a Sugarhouse.
(4) Valid for a period of three years, in the case of an operating permit issued for all
short-term rental uses that are required to have operating permits per Town of Ithaca
Code § 270-219.7E, and motels or hotels providing sleeping accommodations for hire
for more than four people.
(5) Valid for a period of one year in any other case.
22
F. The effective period of each operating permit shall be specified in the operating permit. An
operating permit may be reissued or renewed upon application to the Code Enforcement
Officer, payment of the applicable fee, approval of such application by the Code
Enforcement Officer, and, if applicable, an on -site inspection conducted in accordance with
§ 125-10.
G. Operating permits shall not be required for processes or activities, or the buildings,
structures, or facilities listed in § § 125-9A (1) through (9), provided that the use is expressly
authorized by a certificate of occupancy or certificate of compliance, fire safety and
property maintenance inspections are performed in accordance with § 125-10 (Fire safety
and property maintenance inspections), and condition assessments are performed in
compliance with § 125-13 (Condition assessments of parking garages), as applicable.
H. The operating permit shall be displayed on the property or premises covered by the
operating permit.
1. Revocation of operating permits. Operating permits may be suspended or revoked when it
is determined that there is a violation of a condition under which the permit was issued, if
information submitted in connection with the permit application or with a condition of the
permit was incorrect, inaccurate, or incomplete, where activities do not comply with
applicable provisions of the Uniform Code, or where there is a violation of applicable law
under which the operating permit was issued which would have precluded issuance of the
permit had such violation been in existence at the date of issuance of the permit.
J. Transfer of title. An application for a new operating permit shall be required within 60 days
after the transfer of title to the premises. Provided the application for a new operating permit
is timely, a property shall not be subject to an operating permit inspection if it has passed
inspection within one year before the application date.
K. The fee as set by Town Board resolution must be paid at the time of submission of an
application for an operating permit, for an amended operating permit, or for reissue or
renewal of an operating permit.
§ 1.25-10. Fire safety and property maintenance inspections.
A. Fire safety and property maintenance inspections of buildings and structures shall be
performed by the Code Enforcement Officer or an inspector designated by the Code
Enforcement Officer at the following intervals:
(1) At least once every 12 months (1 year) in buildings which contain areas of public
assembly,
(2) At least once every 12 months (1 year) for public and private schools and colleges,
including any buildings of such schools or colleges containing classrooms,
dormitories, fraternities, sororities, laboratories, physical education, dining, or
recreational facilities;
(3) At least once every 36 months (3 years) for multiple dwellings, all nonresidential
occupancies, and in all short-term rental uses that are required to have operating
permits; and
(4) At least once every 60 months (5 years) for all other residential rental dwelling units
and accessory dwelling units that require an operating permit.
23
(5) Upon completion of the inspection, if the Code Enforcement Officer is satisfied that
the buildings so inspected are in compliance with the Uniform Code, the ECCCNYS,
the ECS, this chapter, Chapter 270, Zoning, and other laws of the Town of Ithaca
relating to the safety of buildings, the Code Enforcement Officer shall issue an
operating permit, where one is required by § 125-9, upon payment of the applicable
fees for the inspection and the permit. Inspections for all residential rental dwelling
units and accessory dwelling units that are required to have operating permits per
Town of Ithaca Code Chapter 207, Article I (Operating Permits for Certain
Residential Rental Units), or Town of Ithaca Code Chapter 270 (Zoning), § 270-
219.6B(2), shall be conducted pursuant to the applicable procedures in Chapter 207,
Article I, or § 270-219.6B(2). Inspections of all short-term rental uses that are
required to have operating permits per Town of Ithaca Code § 270-219.7E shall be
conducted pursuant to the applicable procedures in § 270-219.7E.
B. Such inspections may be made at any reasonable time. Upon completion of the inspection,
if the Code Enforcement Officer is satisfied that the buildings so inspected are in
compliance with the Uniform. Code, the ECCCNYS, the ECS, this chapter, Chapter 270,
Zoning, and other laws of the Town of Ithaca relating to the safety of buildings, the Code
Enforcement Officer shall issue an operating permit, where one is required by § 125-9, upon
payment of the applicable fees for the inspection and the permit application.
(1) At the discretion of the Code Enforcement Officer or inspector authorized to perform
fire safety and property maintenance inspections, a remote inspection may be
performed in lieu of in -person inspections when, in the opinion of the Code
Enforcement Officer or such authorized inspector, the remote inspection can be
performed to the same level and quality as an in -person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer or such
authorized inspector that the premises conform with the applicable provisions of 19
NYCRR Part 1225 and the publications incorporated therein by reference and the
applicable provisions of 19 NYCRR Part 1226 and the publications incorporated
therein by reference. Should a remote inspection not afford the Code Enforcement
Officer or such authorized inspector sufficient information to make a determination,
an in -person inspection shall be performed.
C. An inspection of a building or dwelling unit may be performed at any other time upon a
request of the owner or authorized agent; receipt of a written statement alleging that
conditions or activities failing to comply with the Uniform Code, the ECCCNYS, or the
ECS exist; or receipt of reasonable and reliable information that a violation of the Uniform
Code, the ECCCNYS, the ECS, this chapter, Chapter 270, Zoning, or other law, rule or
regulation exists. Such written allegation or request shall be provided to the Code
Enforcement Officer on a form, as provided by the Town of Ithaca Code Enforcement
Department.
D. If entrance to make an inspection is refused or cannot be obtained, the Code
Enforcement Officer or their designee may apply to any court of competent jurisdiction for
a warrant to make an inspection and upon receipt of same shall have the right to make such
inspections as are set forth above in this chapter.
E. Nothing in this section or in any other provision of this chapter shall supersede, limit or
impair the powers, duties and responsibilities of any federal, state or local agency. No
inspection by any federal, state or local agency shall supersede, limit or impair the powers,
duties and responsibilities of the Town. The Code Enforcement Officer may accept an
24
inspection performed by the Office of Fire Prevention and Control or other authorized
entity pursuant to §§ 807-a and 807-b of the New York Education Law and/or § 156-e of
the New York Executive Law, in lieu of a fire safety and property maintenance inspection
performed by the Code Enforcement Officer or by an authorized inspector, provided that:
(1) the Code Enforcement Officer is satisfied that the individual performing such
inspection satisfies the requirements set forth in 19 NYCRR § 1203.2(e);
(2) the Code Enforcement Officer is satisfied that such inspection covers all elements
required to be covered by a fire safety and property maintenance inspection;
(3) such inspections are performed no less frequently than once a year;
(4) a true and complete copy of the report of each such inspection is provided to the Code
Enforcement Officer; and
(5) upon receipt of each such report, the Code Enforcement Officer takes the appropriate
action prescribed by § 125-14, Violations.
F. The fee, as set by Town Board resolution, must be paid prior to or at the time of each
inspection performed pursuant to this section.
§ 1.25-11. Notification regarding fire or explosion.
The chief of any fire department providing fire -fighting services for a property within the Town
shall notify the Code Enforcement Officer by the next business day of any fire or explosion
involving any structural damage, fuel -burning appliance, chimney or gas vent.
§ 125-12 Complaints.
A The Code Enforcement Officer shall review and investigate written complaints which
allege or assert the existence of conditions or activities that fail to comply with this chapter,
Chapter 270, Zoning, of the Code of the Town of Ithaca, the Uniform Code, the
ECCCNYS, the ECS, or any other local law, ordinance or regulation adopted for
administration and enforcement of the Uniform Code, the ECCCNYS, or the ECS. Such
written allegation shall be provided to the Code Enforcement Officer on a form, as provided
by the Town Department of Code Enforcement and Zoning.
R The process for responding to a complaint shall include such of the following steps as the
Code Enforcement Officer may deem to be appropriate:
(1) Performing an inspection of the conditions and/or activities alleged to be in violation
and documenting the results of such inspection.
(2) If a violation is found to exist, providing the owner of the affected property and any
other person or entity who may be responsible for the violation with notice of the
violation and opportunity to abate, correct or cure the violation, or otherwise
proceeding as described in § 125-14, Violations, and § 125-15, Penalties for offenses.
(3) If appropriate, issuing a stop -work order.
(4) If a violation which was found to exist is abated or corrected, performing an
inspection to ensure that the violation has been abated or corrected, preparing a final
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written report reflecting such abatement or correction, and filing such report with the
complaint.
§ 1.25-13. Condition assessments of parking garages
A. Definitions. For the purposes of this section:
(1) The term "condition assessment" means an on -site inspection and evaluation of a
parking garage for evidence of deterioration of any structural element or building
component of such parking garage, evidence of the existence of any unsafe condition
in such parking garage, and evidence indicating that such parking garage is an unsafe
structure.
(2) The term "deterioration" means the weakening, disintegration, corrosion, rust, or
decay of any structural element or building component, or any other loss of
effectiveness of a structural element or building component.
(3) The term "parking garage" means any building or structure, or part thereof, in which
all or any part of any structural level or levels is used for parking or storage of motor
vehicles, excluding:
(a) Buildings in which the only level used for parking or storage of motor vehicles
is on grade;
(b) An attached or accessory structure providing parking exclusively for a detached
one- or two-family dwelling; and
(c) A townhouse unit with attached parking exclusively for such unit.
(4) The term "professional engineer" means an individual who is licensed or otherwise
authorized under Article 145 of the Education Law to practice the profession of
engineering in the State of New York and who has at least three years of experience
performing structural evaluations.
(5) The term "responsible professional engineer" means the professional engineer who
performs a condition assessment, or under whose supervision a condition assessment
is performed, and who seals and signs the condition assessment report. The use of the
term "responsible professional engineer" shall not be construed as limiting the
professional responsibility or liability of any professional engineer, or of any other
licensed professional, who participates in the preparation of a condition assessment
without being the responsible professional engineer for such condition assessment.
(6) The term "unsafe condition" includes the conditions identified as "unsafe" in Section
304.1.1, Section 305.1.1, and Section 306.1.1 of the New York State Property
Maintenance Code (a publication incorporated by reference in 19 NYCRR Part
1226), or successor editions.
O The term "unsafe structure" means a structure that is so damaged, decayed,
dilapidated, or structurally unsafe, or is of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
B. Condition assessments - general requirements. The owner or operator of each parking
garage shall cause such parking garage to undergo an initial condition assessment as
described in Subsection C of this section, periodic condition assessments as described in
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Subsection D of this section, and such additional condition assessments as may be required
under Subsection E of this section. Each condition assessment shall be conducted by or
under the direct supervision of a professional engineer. A written report of each condition
assessment shall be prepared and provided to the Town in accordance with the
requirements of Subsection F of this section. Before performing a condition assessment
(other than the initial condition assessment) of a parking garage, the responsible
professional engineer for such condition assessment shall review all available previous
condition assessment reports for such parking garage.
C. Initial condition assessment. Each parking garage shall undergo an initial condition.
assessment as follows:
(1) New parking garages shall undergo an initial condition assessment following
construction and prior to a certificate of occupancy or certificate of compliance being
issued for the structure;
(2) Existing parking garages shall undergo an initial condition assessment as follows:
(a) If originally constructed prior to January 1, 1984, then prior to October 1, 2019;
(b) If originally constructed between January 1, 1984, and December 31, 2002, then
prior to October 1, 2020; and
(c) If originally constructed between January 1, 2003, and the effective date of the
rule adding this provision to 19 NYCRR § 1203.3, then prior to October 1,
2021.
D. Periodic Condition Assessments. Following the initial condition assessment of a parking
garage, such parking garage shall undergo periodic condition assessments at intervals not
to exceed three (3) years.
E. Additional condition assessments.
(1) If the latest condition assessment report for a parking garage includes a
recommendation by the responsible professional engineer that an additional condition
assessment of such parking garage, or any portion of such parking garage, be
performed before the date by which the next periodic condition assessment would be
required under Subsection D of this section, the Town shall require the owner or
operator of such parking garage to cause such parking garage (or, if applicable, the
portion of such parking garage identified by the responsible professional engineer) to
undergo an additional condition assessment no later than the date recommended in
such condition assessment report.
(2) If the Town becomes aware of any new or increased deterioration which, in the
judgment of the Town indicates that an additional condition assessment of the entire
parking garage, or of the portion of the parking garage affected by such new or
increased deterioration, should be performed before the date by which the next
periodic condition assessment would be required under Subsection D of this section,
the Town shall require the owner or operator of such parking garage to cause such
parking garage (or, if applicable, the portion of the parking garage affected by such
new or increased deterioration) to undergo an additional condition assessment no
later than the date determined by the Town to be appropriate.
F. Condition assessment reports. The responsible professional engineer shall prepare, or
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directly supervise the preparation of, a written report of each condition assessment, and
shall submit such condition assessment report to the Town within 30 days of the inspection
that forms the basis for the report. Such condition assessment report shall be sealed and
signed by the responsible professional engineer, and shall include:
(1) An evaluation and description of the extent of deterioration and conditions that cause
deterioration that could result in an unsafe condition or unsafe structure;
(2) An evaluation and description of the extent of deterioration and conditions that cause
deterioration that, in the opinion of the responsible professional engineer, should be
remedied immediately to prevent an unsafe condition or unsafe structure;
(3) An evaluation and description of the unsafe conditions;
(4) An evaluation and description of the problems associated with the deterioration,
conditions that cause deterioration, and unsafe conditions;
(5) An evaluation and description of the corrective options available, including the
recommended time frame for remedying the deterioration, conditions that cause
deterioration, and unsafe conditions;
(6) An evaluation and description of the risks associated with not addressing the
deterioration, conditions that cause deterioration, and unsafe conditions;
O The responsible professional engineer's recommendation regarding preventative
maintenance;
(8) Except in the case of the report of the initial condition assessment, the responsible
professional engineer's attestation that they reviewed all previously prepared
condition assessment reports available for such parking garage, and considered the
information in the previously prepared reports while performing the current condition
assessment and while preparing the current report; and
(9) The responsible professional engineer's recommendation regarding the time within
which the next condition assessment of the parking garage or portion thereof should
be performed. In making the recommendation regarding the time within which the
next condition assessment of the parking garage or portion thereof should be
performed, the responsible professional engineer shall consider the parking garage's
age, maintenance history, structural condition, construction materials, frequency and
intensity of use, location, exposure to the elements, and any other factors deemed
relevant by the responsible professional engineer in their professional judgment.
G. Review of condition assessment reports. The Town shall take such enforcement action or
actions in response to the information in such condition assessment report as may be
necessary or appropriate to protect the public from the hazards that may result from the
conditions described in such report. In particular, but not by way of limitation, the Town
shall, by order to remedy or such other means of enforcement as the Town may deem
appropriate, require the owner or operator of the parking garage to repair or otherwise
remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions
identified in such condition assessment report pursuant to Subsection F(2) and (3). All.
repairs and remedies shall comply with the applicable provisions of the Uniform Code.
This section shall not limit or impair the right of the Town to take any other enforcement
action, including but not limited to suspension or revocation of a parking garage's operating
permit, as may be necessary or appropriate in response to the information in a condition.
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assessment report.
H. The Town shall retain all condition assessment reports for the life of the parking garage.
Upon request by a professional engineer who has been engaged to perform a condition.
assessment of a parking garage, and who provides the Town with a written statement
attesting to the fact that they have been so engaged, the Town shall make the previously
prepared condition assessment reports for such parking garage (or copies of such reports)
available to such professional engineer. The Town shall be permitted to require the owner
or operator of the subject parking garage to pay all costs and expenses associated with
making such previously prepared condition assessment reports (or copies thereof) available
to the professional engineer.
1. This section shall not limit or impair the right or the obligation of the Town:
(1) To perform such construction inspections as are required by § 1.25-6;
(2) To perform such periodic fire safety and property maintenance inspections as are
required by § 125-10; and/or
(3) To take such enforcement action or actions as may be necessary or appropriate to
respond to any condition that comes to the attention of the Town by means of its own
inspections or observations, by means of a complaint, or by any other means other
than a condition assessment or a report of a condition assessment.
§ 125-14. Violations.
A. A person owning, operating, occupying or maintaining property or premises within the
scope of the Uniform Code, the ECCCNYS, the ECS, or this chapter shall comply with all
provisions of the Uniform Code, the ECCCNYS, the ECS, this chapter, and all orders,
notices, rules, regulations or determinations issued in connection therewith.
B. Whenever the Code Enforcement Officer Ends that there has been a violation of the
Uniform Code, the ECCCNYS, the ECS, this chapter, or any rule or regulation issued in
connection therewith, the Code Enforcement Officer is authorized to order in writing the
remedying of any condition or activity found to exist in, on or about any building, structure,
or premises in violation of the Uniform Code, the ECCCNYS, the ECS, this chapter, or any
rule or regulation issued in connection therewith.
C. An order to remedy shall be in writing; identify the property or premises; specify the
condition or activity that violates the Uniform Code, the ECCCNYS, the ECS, this chapter,
or any rule or regulation issued in connection therewith; shall specify the provisions of the
Uniform Code, the ECCCNYS, the ECS, or this chapter or any rule or regulation issued
in connection therewith which are violated by the specified condition or activity; shall
include a statement that the violations must be corrected within 30 days after the date of the
order to remedy; may direct the person served with the order to begin to remedy the
violation(s) immediately or within some other stated period of time that can be less than 30
days after the date of the order; direct that compliance be achieved within the specified
period of time; and shall state that an action or proceeding to compel compliance and/or
seek penalties, fines and/or imprisonment may be instituted if compliance is not achieved
within the specified period of time.
D. The order to remedy, or a copy thereof, may be served within five (5) days after the date of
the order to remedy by personal service, by mailing by registered or certified mail sent to
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the address set forth in the application for any permit submitted to the Town or to the
property address, or by posting a copy thereof on the premises that are the subject of the
order to remedy and mailing a copy, enclosed in a prepaid wrapper, addressed to the last
known address of the owner as set forth in the Town of Ithaca records, or if none, in the
most recent tax roll available to the Town of Ithaca. The Code Enforcement Officer shall
be permitted, but not required, to cause the order to remedy, or a copy thereof, to be served
on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or
their agents, or any other person taking part or assisting in work being performed at the
affected property personally or by registered mail or certified mail within five days after
the date of the order to remedy; provided, however, that failure to serve any person
mentioned in this sentence shall not affect the efficacy of the order to remedy.
E. In case the owner, lessor, occupant, operator, or the agent of any of them shall fail, neglect
or refuse to remove, eliminate or abate the violation within the time specified in the order
to remedy, a request to take appropriate legal action shall be made to the Attorney for the
Town of Ithaca.
§ 1.25-15. Penalties for offenses.
A. Any person who violates any provision of the Uniform Code, the ECCCNYS, the ECS, this
chapter, any rule or regulation issued in compliance therewith, any term or condition of
any building permit, certificate of occupancy, certificate of compliance, temporary
certificate, stop -work order, operating permit, order to remedy, or other notice or order
issued by the Code Enforcement Officer pursuant to any provision of this chapter shall be
liable for a fine of not less than $200, or imprisonment as prescribed by law, or both (except
imprisonment shall not be imposed for ECS violations), and each day such violation
continues shall constitute a separate violation. The Code Enforcement Officer is hereby
authorized to issue an appearance ticket for any violation of this chapter pursuant to Chapter
9, Appearance Tickets, of the Code of the Town of Ithaca.
B. Civil penalties. In addition to those penalties prescribed by state law, any person who
violates any provision of the Uniform Code, the ECCCNYS, the ECS, this chapter, any
rule or regulation issued in compliance therewith, any term or condition of any building
permit, certificate of occupancy, certificate of compliance, temporary certificate, stop -
work order, operating permit, order to remedy, or other notice or order issued by the Code
Enforcement Officer pursuant to any provision of this chapter, shall be liable to a civil
penalty of not more than $200 for each day or part thereof during which such violation
continues. The civil penalties provided by this subsection shall be recoverable in an action
instituted in the name of the Town of Ithaca.
C. An action or proceeding in the name of the Town of Ithaca may be commenced in any court
of competent jurisdiction to prevent, restrain, enjoin, correct, or abate any violation of, or
to enforce, any provision of the Uniform Code, the ECCCNYS, the ECS, this chapter, or
any rule or regulation issued in connection therewith, or any term or condition of any
building permit, certificate of occupancy, certificate of compliance, temporary certificate,
stop -work order, operating permit, order to remedy, or other notice or order issued by the
Code Enforcement Officer pursuant to any provision of this chapter, or, in the case of a
dangerous or unsafe building, structure, or equipment, to obtain an order to vacate the
occupancy, building or structure and/or to secure, repair or remove a building, structure, or
equipment. Such remedy shall be in addition to penalties, fines and other remedies
otherwise prescribed by law.
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D. Remedies Not Exclusive. No remedy, fine or penalty specified in this section shall be the
exclusive remedy, fine or penalty available to address any violation described in this section,
and each remedy, fine or penalty specified in this section shall be in addition to, and not in
substitution for or limitation of, the other remedies, fines or penalties specified in this
section, in § 125-7 (Stop -work orders), in any other section of this chapter, or in any other
applicable law. Any remedy, fine or penalty specified in this section may be pursued at any
time, whether prior to, simultaneously with, or after the pursuit of any other remedy, fine
or penalty specified in this section, in § 125-7 (Stop -work orders), in any other section of
this chapter, or in any other applicable law. In particular, but not by way of limitation, each
remedy, fine and penalty specified in this section shall be in addition to, and not in
substitution for or limitation of, the penalties specified in Subdivision (2) of Section 382
of the Executive Law, and any remedy, fine or penalty specified in this section may be
pursued at any time, whether prior to, simultaneously with, or after the pursuit of any
penalty specified in Subdivision (2) of Section 382 of the Executive Law.
§ 125-16. Records and Reporting.
A The Town Building and Zoning Department and Town Clerk shall keep official records, in
compliance with the applicable record -retention requirements of the New York State
Archives and Records Administration, of the following:
(1) All applications received, reviewed and approved or denied;
(2) All plans, specifications and construction documents approved;
(3) All building permits, certificates of occupancy/certificates of compliance, temporary
certificates, stop -work orders, and operating permits issued;
(4) All inspections and tests performed;
(5) All statements and reports issued;
(6) All complaints received;
(7) All investigations conducted;
(8) All condition assessment reports received;
(9) All other features and activities specified in or contemplated by §§ 125-4 through
125-20, inclusive, of this chapter; and
(10) All fees charged and collected.
B. All such records shall be public records open for public inspection during normal business
hours. All plans and records pertaining to buildings or structures, or appurtenances thereto,
shall be retained for at least the minimum time period so required by state law and
regulation.
C. The Code Enforcement Officer shall, after monies have been provided to this Town
(annually) pursuant to Article 4-A the New York State Finance Law, annually submit to
the Secretary of State, on a form prescribed by the Secretary of State, a report of the
activities of the Town relative to administration and enforcement of the Uniform Code.
D. The Town Clerk shall, upon written request on a form prescribed by the Town Clerk,
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provide to the New York State Department of State, in accordance with and to the extent
required by the New York State Freedom of Information Law, the following: true and
complete copies of the records and related materials the Town is required to maintain; true
and complete copies of such portion of such records and related materials as may be
requested by the Department of State; and/or such excerpts, summaries, tabulations,
statistics, and other information and accounts of its activities in connection with
administration and enforcement of the Uniform. Code, the ECCCNYS, and/or the ECS as
may be requested by the Department of State.
§ 125-17. Dangerous or unsafe buildings, structures, and equipment
Dangerous or unsafe buildings, structures, and equipment in the Town of Ithaca shall be
identified and addressed in accordance with the following procedures:
A Inspection by Code Enforcement Officer; report. When in the opinion of the Code
Enforcement Officer, any building, structure, or equipment located in the Town shall be
deemed to be dangerous or unsafe to the public because:
(1) Its structural condition is or may become dangerous or unsafe to the public; or
(2) It is open at the doorways or windows or walls, making it accessible to and an object
of attraction to minors under 18 years of age, as well as to other trespassers; or
(3) It is or may become a place of infestation by rodents or other animals; or
(4) It consists of debris, rubble or parts of buildings left on the ground after demolition,
reconstruction, fire or other casualty; or
(5) It presents any other danger to the health, safety, and general welfare of the public,
the Code Enforcement Officer shall make a formal inspection thereof and report in
writing to the Town Board the Code Enforcement Officer's findings and
recommendations in regard to the building's, structure's, or equipment's removal or
repair, and whether the building, structure, or equipment needs to be made safe and
secure.
B. Town Board order, do not occupy determination, and service of notice. The Town Board
shall thereafter consider the report and, if it finds from the report that there are grounds to
believe that such building, structure, or equipment is dangerous or unsafe to the public, the
Town Board, by resolution, shall order its removal or repair, if the same can be safely
repaired, and where warranted shall order that the building, structure, or equipment be
made safe and secure. The Town Board shall further order that a notice of the order and of
the related upcoming hearing shall be served upon the persons and in the manner provided
herein. Where conditions warrant, the Code Enforcement Officer may also make a
determination that the building or structure should be posted with a "do not occupy" notice
that requires the occupants to vacate the premises, and (where applicable) that the building,
structure and equipment should be posted with an unsafe equipment notice. Notice of the
Town Board's order, and of any determination by the Code Enforcement Officer that the
building or structure and (where applicable) equipment should be posted, shall be served
on the owner or some one of the owner's executors, legal representatives, agents, lessees
or any other person having a vested or contingent interest in the property, either personally
or by registered mail addressed to the last known address, if any, of the owner or some
one of the owner's executors, legal representatives, agents, lessees or other person having
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a vested or contingent interest in same, as shown by the records of the receiver of taxes
and/or in the office of the County Clerk or County Register. If such service is made by
registered mail, the Code Enforcement Officer shall also post a copy of such notice on the
premises.
C. Contents of notice. Said notice shall contain the following information:
(1) A description of the premises.
(2) A statement of the particulars in which the building, structure, or equipment is unsafe
or dangerous.
(3) The Town Board's order requiring the same to be made safe and secure and/or
repaired or removed.
(4) A statement that the securing and/or repair or removal of the said building, structure,
or equipment shall commence and be completed within the time frame specified in
the order.
(5) A statement that a hearing will be held before the Town Board at a time and place
specified in the notice, at which hearing the owner and such persons having an
interest in the property or structure may contest the order, and that in the event such
owner or persons having an interest shall fail to contest successfully such order or
fail or refuse to comply with same or with any amended order that the Town Board
may issue after the hearing, the Town Board will order the securing and/or repair or
removal of such building, structure, or equipment by the Town.
(6) A statement that if the Town shall secure, repair and/or remove said building,
structure, or equipment, the land on which said buildings, structures, or equipment
are located will be assessed for all costs and expense incurred by the Town in
connection with the proceedings to secure, repair and/or remove, including the cost
of actually securing, removing and/or repairing said building, structure, or
equipment; or, in the alternative, that the Town Board shall commence a special
proceeding in a court of competent jurisdiction to collect the costs to secure, repair
and/or remove, including reasonable and necessary legal expenses incidental to
obtaining such an order.
(7) If the Code Enforcement Officer has determined that the building, structure, or
equipment should be posted, the notice shall also include the following: notice of the
Code Enforcement Officer's intention to put a "do not occupy" notice on the building
or structure and (where applicable) an unsafe equipment notice on the building or
structure and equipment; the Code Enforcement Officer's reasons for determining the
building, structure, or equipment should beposted (including citations to the specific
Uniform Code sections that the Code Enforcement Officer claims to be violated); a
statement that the owner and such persons having an interest in the property or
structure may contest the Code Enforcement Officer's posting determination at the
hearing, and that in the event such owner or persons having an interest shall fail to
contest successfully such determination, the Code Enforcement Officer may post the
building or structure with a "do not occupy" notice and (where applicable) the Code
Enforcement Officer may post the building or structure and equipment with an unsafe
equipment notice.
D. Copy to be filed with County Clerk. A copy of such notice shall be filed in the office of the
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Tompkins County Clerk, which notice shall be filed by such Clerk in the same manner as
a notice of pendency, pursuant to Article 65 of the Civil Practice Law and Rules, and shall
have the same effect as a notice of pendency as therein provided, except as otherwise herein
provided. A notice so filed shall be effective for a period of one year from the date of filing;
provided, however, that it may be vacated upon the order of a Judge or Justice of a court
of record upon the consent of the Town's Attorney. The County Clerk shall mark such
notice and any record or docket thereof as canceled of record upon the presentation and
filing of such consent or of a certified copy of such order.
H Hearing. At the time and date specified in the notice to secure and/or repair or remove, the
Town Board shall conduct the public hearing. It may adjourn from time to time until the
hearing is completed and until all interested parties that make reasonable attempts to
participate are heard. At the conclusion of the hearing, the Town Board shall determine to
revoke the order to secure and/or repair or remove; or continue or amend said order and
direct the owner and other persons to complete the work within a specified time which shall
be reasonable as to the time needed to perform the work and the necessity to protect the
general public. If the Code Enforcement Officer has determined that the building, structure,
or equipment should be posted, at the conclusion of the hearing the Town Board shall also
determine whether the Code Enforcement Officer should post the building or structure with
a "do not occupy" notice and (where applicable) whether the Code Enforcement Officer
should post the building or structure and equipment with an unsafe equipment notice, and
if the Town Board upholds the Code Enforcement Officer's determination, the Code
Enforcement Officer may thereafter post the building or structure and (where applicable)
equipment.
F. In the event that the owner fails or refuses to secure and/or repair or remove such building,
structure, or equipment within the time provided, the Town shall secure and/or repair or
remove said building, structure, or equipment.
G. Emergency Cases.
(1) A building, structure, equipment, or part thereof, which poses a clear and imminent
threat to human life, safety or health as a result of a fire, explosion, unsafe equipment,
or other condition that makes it imminently dangerous for a human to remain in the
building, is hereby declared to be a public nuisance.
(2) Whenever the Code Enforcement Officer finds a building, structure, equipment or
part thereof, to pose a clear and imminent threat to human life, safety or health as a
result of a fire, explosion unsafe equipment, or other condition that makes it
imminently dangerous for a human to remain in the building, the Code Enforcement
Officer may cause it to be secured and/or removed or may cause work to be done in
and about the building, structure or equipment as may be necessary to remove the
danger.
(3) The Code Enforcement Officer may post such a building or structure with a "do not
occupy" notice and require the occupants of any such building or structure, or part
thereof, to vacate the premises forthwith. No person shall use or occupy such building,
structure, equipment, or part thereof, until it is made safe.
(4) No person shall enter premises which have been ordered vacated, except for the
owner and those authorized to secure the building or structure, perform inspections
or repairs, remove the hazardous condition, or remove such building, structure, or
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equipment, or part thereof.
(5) Due Process after posting in cases of imminent danger:
(a) In the event that such a building, structure, equipment, or part thereof is
determined, by the Code Enforcement Officer, to be an imminent danger and
requires immediate posting of the building or structure with a "do not occupy"
notice, the owner/occupant may request, after the posting occurs, an opportunity
to be heard in a Town Board hearing. Such hearing shall be requested, in
writing, with the request addressed to and received by the Town Clerk within
five business days of when the building or structure was posted with the "do not
occupy" notice.
(b) The "do not occupy" notice that is posted on a building or structure shall include
the following items:
[1] The Code Enforcement Officer's reasons for posting the building or
structure (including citations to the specific Uniform Code sections that
the Code Enforcement Officer claims to be violated);
[2] Notice of the right of the owner/occupant to be heard by the Town Board,
and statements that the owner/occupant must submit a written hearing
request addressed to and received by the Town Clerk within five business
days of when the building or structure was posted with the "do not occupy"
notice, and that such hearing request by the owner/occupant shall include
reasons why the owner/ occupant believes that the posting is not
warranted.
(6) If such a hearing is requested after a building or structure has been posted, the same
shall be held before the Town Board not more than three weeks after the request for
a hearing is received. The person requesting the hearing shall be notified in writing
at least five days prior to the hearing of the time and place of the hearing.
H. All notices posted pursuant to any provision of this section are to remain on the building,
structure, or equipment until it is secured and/or repaired or removed, or made to comply
with the directions which have been given the owner.
Collection of Costs Incurred. All costs and expenses incurred by the Town of Ithaca in
connection with any work done to remove the danger, or in connection with the securing
and/or repair or removal of any such building, structure, or equipment, shall be assessed
against the land on which such building, structure, or equipment is located, and a bill for
such costs and expenses shall be presented to the owner of the property, or if the owner
cannot be ascertained, then such bill shall be posted in a conspicuous place on the premises.
If the owner shall fail to pay for such costs and expenses within 10 days after the bill is
presented or posted, then such unpaid costs, expenses and interest accruing at the rate of
9% per annum from the date of the Town's work shall constitute a lien upon such land. A
legal action or proceeding may be brought to collect such costs, expenses, interest and
recoverable attorney's fees, or to foreclose such lien. As an alternative to the maintenance
of any such action, the Code Enforcement Officer may file a certificate of the actual costs
and expenses incurred and interest accruing as aforesaid, together with a statement
identifying the property in connection with which the expenses were incurred, and the
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owner thereof, with the Tompkins County Department of Assessment, who shall in the
preparation of the next assessment roll assess such amount upon such property. Such
amount shall be included as a special ad valorem levy (administered as a move tax) against
such property, shall constitute a lien and shall be collected and enforced in the same
manner, by the same proceedings, at the same time, and under the same penalties as are
provided by law for collection and enforcement of real property taxes in the Town of Ithaca.
The assessment of such costs, expenses and interest shall be effective even if the property
would otherwise be exempt from real estate taxation.
§ 125-18. Intermunicipal agreement.
The Town Board may, by resolution, authorize the Town Supervisor to enter into an agreement,
in the name of the Town of Ithaca, with other governments, to carry out the terms of this chapter
(either in whole or in part), provided that such agreement does not violate any provision of the
Uniform Code, the ECCCNYS, the ECS, Part 1203 of Title 19 of the NYCRR, or any other
applicable law.
§ 1.25-19. Climatic and geographic design criteria.
A. The Code Enforcement Officer shall determine the climatic and geographic design criteria
for buildings and structures constructed within the Town as required by the Uniform Code.
Such determinations shall be made in the manner specified in the Uniform Code using,
where applicable, the maps, charts, and other information provided in the Uniform Code.
The criteria to be so determined shall include, but shall not necessarily be limited to, the
following:
(1) Design criteria to include ground snow load; wind design loads; seismic category;
potential damage from weathering, frost, and termite; winter design temperature;
whether ice barrier underlayment is required; the air freezing index; and the mean
annual temperature;
(2) Heating and cooling equipment design criteria for structures within the scope of the
RCNYS. The design criteria shall include the data identified in the Design Criteria
Table found in Chapter 3 of the RCNYS; and
(3) Flood hazard areas, flood hazard maps, and supporting data. The flood hazard map
shall include, at a minimum, special flood hazard areas as identified by the Federal
Emergency Management Agency in the Flood Insurance Study for the community,
as amended or revised with:
(a) The accompanying Flood Insurance Rate Map (FIRM);
(b) Flood Boundary and Floodway Map (FBFM); and
(c) Related supporting data along with any revisions thereto.
B. The Code Enforcement Officer shall prepare a written record of the climatic and
geographic design criteria determined pursuant to Subsection A of this section, shall
maintain such record within the Department of Code Enforcement and Zoning, and shall
make such record readily available to the public.
in
§ 1.25-20. Variance and review.
A. A request for a variance from the requirements of Chapter 270, Zoning, shall be processed
in accordance with the provisions of Chapter 270, Zoning.
B. A request for a variance from the provisions of the Uniform Code or the ECCCNYS and
an appeal to review determination of or failure to render a determination by the Code
Enforcement Officer based upon the Uniform Code or ECCCNYS shall be processed with
the appropriate Board of Review as provided in Title 19 of the New York Official
Compilation of Codes, Rules and Regulations, Part 1205, or any successor rules,
regulations or statutes. Where proposed construction, alteration, use or other work related
to a building, structure or equipment would be in violation of any provision of the Uniform
Code, ECCCNYS, or any successor statute, no building permit shall be issued except
pursuant to written order of the appropriate Board of Review.
C. A request for a variance from the provisions of the ECS and an appeal to review a
determination of or failure to render a determination by the Code Enforcement Officer
based upon the ECS shall be processed with the Zoning Board of Appeals as provided in
Chapter 144 of the Code of the Town of Ithaca."
Section 2. In the event that any portion of this law is declared invalid by a court of
competent jurisdiction, the validity of the remaining portions shall not be affected by such
declaration of invalidity.
Section 3. This local law shall take effect on January 1, 2023 or upon its filing with the
New York Secretary of State, whichever is later.
M
Item 2b
§ 270-219.7. Short-term rental uses.
A. Purpose and legislative intent.
(1) The purpose of this section is to establish appropriate regulations for short- term
rental uses in the Town. While the Town recognizes that some property owners wish
to rent to others on a short-tenn basis all or part of dwelling units they own, the Town
also recognizes that it has an obligation to protect the public health, safety and
welfare and minimize the adverse effects of such short-tenn rental uses.
(2) By enacting this section, the Town intends to:
(a) Protect the health, safety and welfare of the community and of persons
occupying short-term rentals;
(b) Prevent to the greatest extent practicable public safety risks and other impacts,
including, but not limited to, increased noise, trash, traffic, and parking
impacts associated with short-term rental uses;
(c) Protect neighborhood character and minimize the impact of short -teen rental
uses on neighbors and residential properties;
(d) Protect property values of the community;
(e) Protect housing affordability within the community for long-term residents,
whether owners or renters;
(f) Assist homeowners to stay in their homes by allowing some short-term rental
use of their homes to generate income to defray their cost of homeownership;
(g) Enable property owners to provide lodging for visitors to the Town during
periods of peak visitor and tourist demand, such as university and college
graduation weekends and holiday weekends; and
(h) Promote the efficient use of housing stock.
B. Applicability. This section applies to all short -tern rental uses except:
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C. Except as prohibited by the New York Multiple Dwelling Law, a short-term rental use is
permitted, subject to this section's provisions, in a principal dwelling unit or an accessory
dwelling unit in all zoning districts that allow a short-tenn rental use as a permitted
accessory use.
D.
(1) Except in the Lakefront Residential Zone, short-term rental uses may occur only in a
dwelling unit that is the principal residence of at least one of the property owners, in
another dwelling unit on the salve tax parcel as the principal residence, or in a
dwelling unit on no more than one adjacent tax parcel that is owned by the salve
owner(s). No other owner(s), collectively or individually, shall own a larger
percentage of the tax parcel(s) than the owner- occupant(s) who reside in the principal
residence for a minimum of 185 days per year.
(2) An owner may obtain up to two operating permits at any one time from the Town for
dwelling units used for short-term rental uses, with no more than one of the two
permits being for an unhosted short-term rental use.
E. Provisions applicable to hosted and unhosted short-term rental uses. The following
requirements apply to both hosted and unhosted short-term rental uses:
Formatte d: Indent: Left: 0.13"
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(1) Operating permit required.
(a) Each dwelling unit used or offered for a short -teen rental use shall require a valid
operating permit issued pursuant to Town of Ithaca Code Chapter 125 (Building
Construction and Fire Prevention), § 125-8. Each operating pen -nit shall specify
whether it is for a hosted or an unhosted short-term rental use, only one such use
being allowed per unit. Before the expiration or renewal of an existing operating
permit, it shall be the responsibility of the owner of such unit to schedule an
inspection with the Town of Ithaca Code Enforcement Department in order to
obtain a new or renewed permit.
(b) )ywncrs cligiNc to receive short-term rental ol:rcuratong Flcrunits must be either:
4
(ai nul.urul pctsons (cicfined for ptirp)oscs of this § 270-219.7 as living
tlnnun beings), or
ui tr tsu For 4+f t1 &ny �lrp�li< �Ic., yea=iaacrp� r# ra;�t<lc raa;;e ar�cl w� c:r;t�
leq iirr -nth-iAs-iffa! -be; satt4"ie5d rf wri ti.s. that awe t all of the i0llom/h1.2 c; rute 6a:. the
dwcfliruf unit is the pr incipa.l residencc ofa[ least one naltinti person who is r trrm
grantcrr, a t:rus.cc,, or a Micficoary of the trust th rl owns the dwclling tinit, and
said er gust. g;n.xntcrr;..a tistee or bencilci.ary resides on the dwelling tiruot fora unonininni
of 185 days per year.
(c) Owners of dwelling units used or offered for short-tenn rental uses as of April 1,
2022, must apply by July 1, 2022, for operating permits. Owners of dwelling units
that are not used or offered for short-term rental uses as of April 1, 2022, but that
are subsequently used or offered for short-tenn rental uses, must apply for
operating pen -nits prior to such use or offer for a short-term rental use. After an
operating pen -nit is obtained, it must be maintained throughout the period that
such unit is used or offered for a short -teen rental use.
(d) The Code Enforcement Department shall issue an operating pen -nit upon
verification by inspection that the items listed in Subsection E(1)(a)[1] through
[13] below meet the requirements of the applicable New York State Uniform Fire
Prevention and Building Code and the items listed in Subsection E(1)(d)[14] and
[15] below meet the requirements of the Town of Ithaca Code:
(1) 911 address number properly posted (with each unit posted);
(2) Exterior structure in good repair
(3) Entrances, access areas, parking spaces and similar areas in good repair;
(4) Receptacles for proper storage of garbage
(5) Compliant pools and decks (if present);
(6) Working smoke and carbon monoxide detectors;
Formatted: Font color: Blue
Formatted: Right, Indent: Left: V, No bullets or
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(7) Interior structure in good repair;
(8) Eire separation (where required);
(9) Electrical, plumbing and heating in good repair;
(10) Appliances in good repair (if supplied by landlord);
(11) Proper Light and ventilation;
(12) Proper room sizes;
(13) Proper egress doors or windows;
(14) Compliant off-street parking, per § 270-227 and this section;
(15) Exterior property areas do not violate Town of Ithaca Code Chapter 205
(Property Maintenance)
(e) A Code Enforcement Officer shall seek a search warrant from a court of
competent jurisdiction whenever the owner, managing agent or occupant fails to
allow inspections of any premises believed to be subject to this section and where
there is a reasonable cause to believe that there is a violation of this section, Town
of Ithaca Code Chapter 205 (Property Maintenance), or the New York State
Uniform Eire Prevention and Building Code.
(f) Failure of an owner of any unit that is required to have an operating pennit to
apply for an operating permit in a timely manner, to obtain an operating permit
after inspection, or to maintain a valid operating permit after it is granted
throughout the period that such unit is used or offered for short-tenn rental use,
shall be deemed a violation of this section.
(g) Over -occupancy. Verified over -occupancy shall constitute a violation of the
operating pen -nit.
(2) Additional hosted and unhosted short-tenn rental use requirements.
(a) The following provisions in this Subsection E(2)(a) apply in all zones where
short-term rental uses are allowed, except in the Lakefront Residential Zone. The
owner of any unit used for a short-term rental use shall provide enough driveway
parking spaces on the parcel containing such unit so that all vehicles belonging
to the short -tern renters are parked on -site. Such vehicles may not park on the
street.
(b) The following provisions in this Subsection E(2)(b) apply in all zones where
short-term rental uses are allowed, except in the Lakefront Residential Zone. No
unit except a princip d residence with a hosted short- teen rental shall be subject to
more than one short -tern rental agreement at any one time. If the owner offers
more than one unit on a parcel and/or adjacent parcel, only one unit may be rented
as a short -tern rental use at any one time.
(c) No unit used for a short-tenn rental use shall be rented for the accommodation of
more individuals than two times the number of legal bedrooms in such unit.
(d) All units used for short-tenn rental uses shall have prominently posted in all
bedrooms in such unit a copy of the valid operating pen -nit for such unit and a
notice in a form approved by the Code Enforcement Department containing safety
and legal compliance infonnation including, but not limited to, the following:
location of the nearest exit in case of a fire; limitations contained in the Town's
laws regarding short- term rental uses and noise; and cell phone numbers of the
owner and any manager, if there is one.
(e) Collection of rental information and actions to address complaints.
(1) Every time an owner rents a unit for an unhosted short-term rental use, prior
to the beginning of the rental stay, the owner shall notify the Code
Enforcement Department of the dates of the rental agreement by electronic
methods established by such Department.
(2) Local contact person. Owners shall provide the Code Enforcement
Department, all short-term renters, and all occupants of adjacent properties
with the name and contact infonnation of a local individual who shall be
available 24 hours per day, seven days per week, during the teen of the
unhosted stay. Once this notification is given to the Code Enforcement
Department and adjacent property occupants, it does not need to be given to
them again until the name and/or contact infonnation changes. The owner or
designated local contact person shall:
(a) Respond on -site within 60 minutes to complaints regarding a condition or
operation of the short-term rental use or the conduct of the renters; and
(b) Take remedial action to resolve any and all complaints.
F. Limitations on number of days allowed for short-term rental use.
(1) Hosted short -teen rental uses. There is no limit on the number of days per year that a
dwelling unit may be used for a hosted short-tenn rental use.
(2) Unhosted short-tenn rental uses.
(a) Unless allowed a greater number of days below, no unit shall be used for an
unhosted short -teen rental use for more than 29 days in any calendar year in the
Conservation, Agricultural, Low Density Residential, Medium Density Residential
and High Density Residential Zones. This limitation of 29 days shall not apply to
any written rental agreement that existed as of July 1, 2022, provided that the
rental concludes by September 30, 2022. For the purposes of this § 270-219.7,
each of the following shall count as one day:
1. A rental of 24 hours.
2. A rental of less than 24 hours that includes an overnight stay.
3. A rental of less than 24 hours that does not include an overnight stay.
(b) An owner of a unit that satisfies at least one of the following criteria may rent such
unit for unhosted short-term rental uses for up to 90 days in the aggregate in any
calendar year:
1. A unit that is (a) located in a Conservation, Agricultural, Low Density
Residential or Medium Density Residential Zone on a parcel that is larger than
three acres, and (b) located more than 40 feet from the side property lines.
2. A unit that is located in a Conservation, Agricultural, Low Density Residential
or Medium Density Residential Zone on a parcel that is not adjacent to any
parcels that contain a dwelling.
(c) No unit shall be used for an unhosted short-terin rental use for more than 245 days
in any calendar year in the Lakefront Residential Zone. This limitation of 245
days shall not apply to any written rental agreement that existed as of July 1, 2022,
provided that the rental concludes by September 30, 2022. For the purposes of
this § 270-219.7, each of the following shall count as one day:
1. A rental of 24 hours.
2. A rental of less than 24 hours that includes an overnight stay.
3. A rental of less than 24 hours that does not include an overnight stay.
G. Termination of certain legal nonconforming uses after amortization.
trrrcvu.c�� �d in St.ib echo G( �3) I ejow $'the Zoning Board of Appeals may
grant special approval for a short-term rental use subject to termination or a limitation
on days under this § 270-219.7 to continue for a stated period of time after the
termination or limitation takes effect, provided that the owner applies to the Zoning
Board of Appeals by October 1, 2022, for such special approval, and further
provided that the Zoning Board of Appeals finds that:
(a) The owner demonstrates that the short-terin rental use is a legal nonconforming
use; and
(b) The owner demonstrates through competent dollars -and -cents proof that prior to
April 1, 2022, they made substantial financial expenditures unique to the short-
term rental use; and
(c) The owner provides documentation of their total receipts from short-terin rentals
and expected revenue through the date of termination or limitation; and
(d) The owner demonstrates that they have not recovered substantially all of the
financial expenditures related to the short-term rental use; and
(e) The owner demonstrates that they cannot obtain a reasonable return on their
investment unique to the short-term rental use if the property is used for any
other purpose permitted within the zoning district, and that the lack of a
reasonable return is due solely to the tennination or limitation on short-term
rental days and not other market forces; and
(f) The extension period granted by the Zoning Board of Appeals is the minimum
extension period necessary to mitigate the demonstrated loss of a reasonable
return.
(,Z)The criteria for granting such special approval shall be as set forth above rather than
the normal criteria in Article XXIV for granting a special approval.
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retu:rrrn.
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Order to remedy; operating permit suspension and revocation.
(1) Whenever the Code Enforcement Officer finds that there has been a violation of this
section, the Code Enforcement Officer is authorized to order in writing the remedying
of any condition or activity in violation of this section.
(2) An order to remedy shall be in writing; identify the property or premises; specify the
condition or activity that violates this section; shall specify the provisions of this
section which are violated by the specified condition or activity; shall include a
statement that the violations must be corrected within 30 days after the date of the
order to remedy; may direct the person served with the order to begin to remedy the
violation(s) immediately or within some other stated period of time that can be less
than 30 days after the date of the order; direct that compliance be achieved within the
specified period of time; and shall state that an action or proceeding to compel
compliance and/or seek penalties, fines and/or imprisonment may be instituted if
compliance is not achieved within the specified period of time.
(3) The order to remedy, or a copy thereof, may be served within five days after the date
of the order to remedy by personal service, by mailing by registered or certified mail
sent to the address set forth in the application for any permit submitted to the Town or
to the property address, or by posting a copy thereof on the premises that are the
subject of the order to remedy and mailing a copy, enclosed in a prepaid wrapper,
addressed to the last known address of the owner as set forth in the Town of Ithaca
records, or if none, in the most recent tax roll available to the Town of Ithaca.
(4) In case the owner, operator, or the agent of any of them shall fail, neglect or refuse to
remove, eliminate or abate the violation within the time specified in the order to
remedy, a request to take appropriate legal action may be made to the Attorney for the
Town of Ithaca, and/or the Code Enforcement Officer may initiate the process to
suspend or revoke an operating permit, if the suspension/ revocation process has not
already been instituted.
(5) Suspension and revocation of operating pen -nit.
(a) An operating pen -nit maybe suspended or revoked pursuant to Town of Ithaca Code
Chapter 125 (Building Construction and Fire Prevention), § 125-8. In addition to
the reasons for suspension and revocation in that section, an operating permit may
be suspended or revoked if the owner of a dwelling unit used or offered for short-
term rental use fails to apply for an operating permit in a timely manner, to obtain
an operating pen -nit after inspection, to maintain a valid operating permit after it is
granted throughout the period that such unit is used or offered for a short-term rental
use, or to otherwise comply with this section.
(b) To initiate the process to suspend or revoke an operating permit, the Code
Enforcement Officer shall issue a notice of intent to suspend or revoke the
operating pen -nit. The notice of intent to suspend or revoke shall describe the
violation and require the operating pen -nit holder to immediately correct the
violation or cause the violation to be corrected.
(c) The notice of intent shall be provided to the operating permit holder by personal
service, by registered or certified mail to the address submitted with the permit
application, or by posting on the premises at issue.
(d) If the operating permit holder fails to immediately correct the violation or cause
the violation to be corrected, the Code Enforcement Officer shall suspend or
revoke the permit.
(e) An operating permit holder shall be entitled to request a hearing on suspension or
revocation before the Town Board, upon application made to the Town Clerk
demonstrating that the operating pen -nit holder was not in violation. Such hearing
shall be requested, in writing, with the request addressed to and received by the
Town Clerk within five business days of the pen -nit holder's receipt of the notice of
intent or of posting, whichever occurs earlier. Any suspension or revocation
remains in effect unless modified by the Town Board. Within 30 days of the permit
holder's written request, the Town Board shall hold a hearing to determine
whether to reverse the suspension or revocation. The Town Board shall issue its
written decision within 15 days after the hearing.
(f) The owner of a dwelling unit for which a short-term rental operating permit has
been revoked for the first time may not reapply for a new operating permit until
one year after such revocation.
(g) The owner of a dwelling unit for which a short-term rental operating permit has
been revoked at least once before may not reapply for a new operating permit
until five years after such revocation.
Item 03
YEAR END MEETING OF THE ITHACA TOWN BOARD
Wednesday, December 28, 2022 - 11:00 a.m.
TB Resolution 2022 - : Setting a public hearing regarding a proposed local law amending
the Town of Ithaca Code, Chapter 144 entitled "Enemy Code Supplement"
Resolved that the Town Board will hold a public hearing at their meeting to be held on January
9, 2023, which begins at 5:30 p.m. at Town Hall, 215 N. Tioga Street, regarding a proposed local
law amending Town of Ithaca Code, Chapter 144, entitled "Energy Code Supplement" to clarify
the definition and scope of "dwelling unit" to allow dormitories to be eligible for OP I, to
increase the points available for OP3 Electric Vehicle Parking Spaces, and to make changes to
the Floor Area and Major Renovations definitions and add a Heating Plant definition.
A draft of the local law is available on the Town's website and from the Town Clerks office. All
persons wishing to speak in favor or against the proposed law will be heard.
Moved: Seconded:
Vote:
TOWN OF ITHACA
LlJJ3lJ.tJ
Date: 12/21/2022
To: Town Board
From: Nick Goldsmith, Sustainability Planner
Regarding: Energy Code Supplement Amendments
Overview
The Energy Code Supplement (IECS or ECS), adopted in 2021, is scheduled to become more stringent on
January 1, 2023. Due to the updated rules, the Town will need to refile the IECS with New York State in
January. In conjunction with the refiling, Town staff would like to adopt amendments to the IECS. These
amendments have been approved by the Codes and Ordinances Committee.
There are three small amendments under consideration by both the Town and the City; some elements
are for clarification, some are substantive. (Other amendments which need more analysis and discussion
will be considered later in 2023.) We would like the Town Board to consider adopting these soon, so
that they can be included in the refiled version of the IECS. To enable this, we are asking the Town Board
to set a public hearing for January 9, 2023 and consider adoption of the amendments the same day.
Following are the proposed amendments. If you would like to reference the complete ECS, please visit
the Code Enforcement page of the Town website at h t www.town.ithaca,n .us code -enforcement.
Amendment 1: OP1 Development Density.
Through an oversight, dormitories are not currently eligible for this point, which was intended to be
available to all buildings. Change IECS language to allow dormitories to earn this point.
144-C402.5.1 OP1 Development Density
144-C402.5.1.1
DU = the number of all Residential dwelling units in. /oir„sIl u,ww„ll,ing g r„its on the entire parcel occupied by
the building
144-C402.5.1.2
DU shall include all dwelling units ,i d/rair„ I u,ww„it ii r „ a„irgiit on the parcel occupied by the building, including
those in existing buildings.
144-R502.5.1 OP1 Development Density
144-R502.5.1.1
DU = the number of all Residential dwelling units .i r /oir„sIl u,ww„it,ing g r„its on the entire parcel occupied by
the building
144-R502.5.1.2
DU shall include all dwelling units ,i r,d„/,rair,1u,w;li,i ra,irn,ii;t;,,,,on the parcel occupied by the building, including
those in existing buildings.
Amendment 2: OP3 Electric Vehicle Parking Spaces.
Increase the number of points available for point OP3 from one to two and make each point easier to
earn. Essentially, about the same number of EV chargers that would earn 1 point today will earn 2 points
in 2023. This change is aligned with the existing rule where, effective January 1, 2023, all points awarded
from the Efficient Electrification section will be doubled. The rationale is the same: the regional electric
grid is cleaner than it was when the IECS was adopted, and getting cleaner, meaning that a switch from
fossil fuels to electric power is more impactful than it used to be. These changes to the electrification
section (already in IECS) and the EV Parking Spaces point (proposed) will help applicant projects attain
the 12 points that will be required starting January 1, 2023.
Replace Table 144-C402.5.3.1 (1) and Table 144-R502.5.3.1 (1) - Required Number of Electric Vehicle
Parking Spaces with the following table (the same table is used for each section).
Residential Space
Commercial Space
Number of
# of EV Spaces
# of EV Spaces
Area in units
# of EV Spaces
# of EV Spaces
Dwelling
Required for
Required for
of 1,
Required for
Required for
Units (DU)
Residential Portion
Residential Portion
Ft (CA)
Commercial Portion
Commercial Portion
1 pt.
2 pt.
1 pt.
2 pt.
1 to 6
NA
1
5
1
2
7 to 12
1
2
10
2
4
13to18
2
3
15
3
5
19 to 24
2
4
20
4
7
25 to 27
3
5
25
4
8
28 to 35
3
6
30
5
10
36 to 42
4
7
35
6
11
43 to 49
4
8
40
7
13
The numbers listed above are examples.
The numbers listed above are examples.
For 1 to 24 Dwelling Units:
For all building sizes use the equation:
EV Spaces
required for each point SR = 0.081 x DU
EV Spaces required for each point SC = 0.151 x CA
For 25 or more Dwelling Units:
SR = [(0.13 x DU) + 1] + 1.853
Complete calculations for Residential and Commercial space separately, add results, then round up to the nearest whole
number. SR + SC = ST (Total EV Parking Spaces required)
Replace Table 144-C402'6'3'1(2) and Table 144-R602'6'3'1(3)-Sample Calculation for required
number of EV Parking Spaces with the following table (the same table is used for each section).
30sq ftmixed-use building. 26Dwelling Units (DU)and 6,000 sq ftCommercial Area (CA).
= [(0]3«26)+1],1.853
=8.38+D-i853
=4.38'i853 =Z364
EV spaces are required for Residential portion
C = 0.D|»6
C = 0.906
EV spaces are required for Commercial portion
T=8O+SCrounded op
T=2.364+O.9V6= 3.27.round op
R=2364»2=4728
C = 0.906»2=1.812
T=8O+SCrounded op
T=4.728+i812=6.54,round op
|nthe following four sections:
144-C482.5'1OP1Development Density
144-11602'6'1OP1Development Density
144-C482.5'2 OP2VVa|kabO|ty
144-11602'6'2 OP2VVa|kab||/tV
Make the following chan8e in the "Restrictions" paragraph.
Restrictions: Amaximum oftwo �����ointstota|maybeearned
OP1Development Density, 0P2VVa|kabi|ity and OP3Electric Vehicle Parking Spaces
|nthe following two sections:
144-C482.5'3 OP3Ekectric Vehicle Parking Spaces
144-11502.5.3 OP3 Electric Vehicle Parking Spaces
Make the following change.
Pint may beearned for installing ELECTRIC VEHICLE PARKING SpAcs(s)and related
infrastructure that meet the requirements ofthis subsection.
Restrictions: Amaximum oft**e-�l��_pointstota| maybeearned
OPI Development Density, OP2 Walkability, and OP3 Electric Vehicle Parking Spaces
Change tables 144-C404.5 Changes in 2023 to Summary Table for Prescriptive Compliance Path/Easy
Path and 144-111504.5 Changes in 2023 to Summary Table for Prescriptive Compliance Path/Easy Path
to show that up to two points may now be earned for OP3 and to restate the restriction noted above.
Change OP1 and OP2 details field.
1 point for achieving sufficient development density on the building parcel. A maximum of twe-tlIhi.,..e. ,w.
points total may be earned for points OP1, OP2, and OP3 combined.
1 point if the building meets the walkability criteria. A maximum of t th..iru, e points total may be
earned for points OP1, OP2, and OP3 combined.
Change OP3 points available field.
1-2.
Change OP3 Details field.
l „IP 1p... Jr. pip .1. 4. poiintfor installing EV parking spaces and related infrastructure. A maximum of twe
t,ll;;r,,irr....points total may be earned for points OP1, OP2, and OP3 combined.
Amendment 3: Definitions.
For clarification and to avoid potential future issues, in SUBSECTION 144-302 GENERAL DEFINITIONS,
edit IECS definitions of FLOOR AREA and MAJOR RENOVATION and add a definition of HEATING PLANT.
OLD DEFINITION: FLOOR AREA —The total square footage of all levels as measured from the inside
finished surface of the walls, but excluding outside courts, unconditioned garages, and uninhabitable
crawl spaces and attics.
NEW DEFINITION: FLOOR AREA —The total floor surface of all levels as measured from the inside
perimeter of the exterior or separation walls, exclusive of vent shafts, courts, and un-conditioned
spaces.
MAJOR RENOVATION — Any construction or renovation to an existing structure Ibuuillcdiii rgP u,w„Il iratrwd
rrwr i ain�. a.tx=ag.. slpaL�, 2L 1..j]„iit under consideration..., other than a repair or addition, fl") t it e ets t Il)ese
tw ...i uwggii.rr i.me. )t 44ere':
1) The WORK AREA exceeds w.12 ,, „-.:�iiy =a w5 percent of the FLOOR AREA1.
and
2) C II„ru='...1 it a uu^ d„ work iii ry6ves two or more of the following eur:
a. Replacement or new installation of fifty21 ir.r o.ir.e raft the iratgd rcqpp� .ity.pfa ll.l..e.
. E I ING i' t cdrit t ll)at se i.rrrr=s t.l!")e FLC"10 RE . Changes to aiii disti ulbuuutiio.irr.,
e,Micl n„ a a^fit, 0' v 144.w =ic�f) a -Rd air conditioning systems are not considered renovations 04
t.p;.e.....i.rwwy ii..ir.km....,sy4e.r.R.....t:.p....tIan......d_1..E...dF.d..l .�d.....1�'.t::d�...IF.
.
b. Construction that involves disassembly p..[,rayr irif,ir „ of greater than t,;,% t,y,t,e;w;,irLe,w;,ir
of the area of the above -grade portion(s) of the BUILDING THERMAL ENVELOPE tl.nat
eiryrw=:s...t.11")..e.....F.L... uti�_R:t....:.f� ��i..n.....t4le.....I lding.
...........................
c. Changes to lighting, including but not limited to new installation, replacement,
relocation, or removal of lamps, lighting, or other illumination fixtures in grwwy. .r..t=i" 1
:a. r ..t . .......i..11. y.i..i y....tl irrrr� . 1 r uat iifi't ;pair aint git i[Ijo e raft the FL00R AREA. . e....
.......................................................................................y.....1...............................................................................................................................................
db,w4, hin,f,,Y 4; 4_.1,4 r4r_ f��,C"�C" R �' FIE that is not currently lit, and is not proposed to be lit, shall
not count toward the%,ya,w,;,iruw;ir,t,!�°v calculation.
IEA- ING ill AN 1 One or i n��rr'...apj,.jl iances that seirve as the li�rii r2glry rrruiree of Ilqeatin ��rar the l��uiilldiil r rslr
I2g�,,p, vLh?1llgeir Ill a t e d i2 th. Ila�all!.d..J „g it it.iolt.
Also add to Reference Manual: Exairr�y Ics P Inu,wwatiiin , Ilg!2 s iiindudc Il ut wire not liiir ited to: one or it ore
..................................0...................................................................................d.:.A.....U.'..................................................................................G..............................................................................................................................................................................................................................
�:.S? lcirs furnaces u,w ectiric resistance I1")eaters and or II°)cat , uirr7, s.
a..................................................................................................................................................................................................................................................... E......................I...........
[end of amendments]
Addition to Reference Manual: OP6 Custom Energy Improvement.
The following change does not require Town Board action. There has been some confusion from
applicants as to the best content and format of information to submit to show compliance with OP6
Custom Energy Improvement. Town staff has clarified the suggested documentation for this point and
will add language to the IECS Reference Manual to address this. The Reference Manual contains non-
essential information to help understand and use the IECS, such as background information and
commentary. To maintain flexibility, we are NOT amending the IECS. The following language and graphic
are similar to what will be added to the Reference Manual.
To document point OP6, enerRv use data should be included for the following Items.
1 Optuonal: Basellr7e, code-cornpliant build'un, NOT factoring In ar7y beyond -code enemy efficiency
measures.
2 Baselir7e, code -compliant build'un, factoring In all enemy efficiency rr�easures EXCEPT those
contributir7 to pounts for OP6 Custorrr Enemy Irr�proverr�ent (see note 1 . So, if EE1 and A6 are
beie.
3 Baselir7e, code -compliant build'un ,factoring In all efficiency measures INCLUDING 0136 Custom
Energy Improverr�ent (see notes ar7d 3. This is the proposed buildir7.
4) result minus step 2 result)
Note 1: CoEXCEPT Ithaca Enery Code
Supplement.
Note 3: The point here us'to usolate the rr�easure(s receivung credit under OP6, after all other
Iroverr�ents have been accounted for.
OPTIONAL Baseline, code -
compliant building
B�uilldiing with all efficiency
measures EXCEPT OP6
measures
Bulliding with ALL
effiden1w mea,5uires ......
inch uding OP 6 OP6 Ene�rgy Savings
1 2 3
[End of new language for Reference Manual]
We look forward to discussion on this issue. Please let us know if you have any questions or comments
before the meeting.
TOWN OF ITHACA
LOCAL LAW NO. _ OF THE YEAR 2023
A LOCAL LAW AMENDING CHAPTER 144 TO THE TOWN OF ITHACA CODE,
TITLED "ENERGY CODE SUPPLEMENT"
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 144 (Energy Code Supplement) of the Town of Ithaca Code is
amended as follows:
A. Section 144-302 (General definitions) is amended by replacing the "FLOOR AREA"
and "MAJOR RENOVATIONS" definitions with the following definitions, and by adding a
definition for "HEATING PLANT," all reading as follows:
"FLOOR AREA — The total floor surface of all levels as measured from the inside
perimeter of the exterior or separation walls, exclusive of vent shafts, courts, and un-conditioned
spaces."
"HEATING PLANT — One or more appliances that serve as the primary source of
heating for the building or space, whether located in the building or not."
"MAJOR RENOVATION — Any construction or renovation to an existing structure,
building, separated occupancy, tenant space, or unit under consideration, other than a repair or
addition, that meets these two requirements:
A. The WORK AREA exceeds seventy-five percent of the FLOOR AREA, and
B. The proposed work involves two or more of the following:
1. Replacement or new installation of fifty percent or more of the rated capacity of
the HEATING PLANT that serves the FLOOR AREA. Changes to air
distribution, exhaust, or air conditioning systems are not considered renovations
to the HEATING PLANT.
2. Construction that involves disassembly or uncovering of greater than fifty percent
of the area of the above -grade portion(s) of the BUILDING THERMAL
ENVELOPE that serves the FLOOR AREA.
3. Changes to lighting, including but not limited to new installation, replacement,
relocation, or removal, of lamps, lighting, or other illumination fixtures
throughout fifty percent or more of the FLOOR AREA. FLOOR AREA that is not
currently lit, and is not proposed to be lit, shall not count toward the fifty percent
calculation."
B. Section 144-C402.5.1 (OP1 Development density) and the two introductory sentences
in Section 144-C402.5.2 (OP2 Walkability) are deleted and replaced with the following:
111.44-C402.5.1 OP1 Development density
One point may be earned according to the requirements below.
Restrictions: A maximum of three points total may be earned using up to two (maximum) of
the following: OP Development Density, OP2 Walkability, and OP3 Electric Vehicle Parking
Spaces.
144-C402.5.1.1.
One point shall be earned if (DU + CA) > (7 x Acreage), where:
DU = the number of all Residential dwelling units and/or sleeping units on the entire parcel
occupied by the building
CA = the FLOOR AREA of all Commercial space, measured in units of 1,000 square feet, on
the entire parcel occupied by the building
Acreage = the land area, measured in acres, of the entire parcel occupied by the building.
144-C402.5.1.2
DU shall include all dwelling units and/or sleeping units on the parcel occupied by the building,
including those in existing buildings. CA shall include all Commercial space on the parcel
occupied by the building, including that in existing buildings. CA shall not include common
areas serving only dwelling units or other Residential space. Acreage shall include all land area
on the parcel occupied by the building.
Example Calculation -for informational purposes only
Mixed Use Development
Residential units: 12 apartments 4 DU = 12
Commercial space: 10,000 sq ft 4 CA = 10
Parcel acreage: 1.5 acres 4 Acreage = 1.5
DU + CA = 12 + 10 = 22
7xAcreage =7x 1.5= 10.5
22 > 10.5
1 point may be earned.
1.44-C402.5.2 OP2 Walkability
One point may be earned according to the requirements below.
Restrictions: A maximum of three points total may be earned using up to two (maximum) of
the following: OP Development Density, OP2 Walkability, and OP3 Electric Vehicle Parking
Spaces."
C. The two introductory sentences in Section 144-C402.5.3 (OP3 Electric vehicle parking
spaces) are deleted and replaced with the following:
"144-C402.5.3 OP3 Electric vehicle parking spaces
Up to two points may be earned for installing ELECTRIC VEHICLE PARKING SPACE(s)
and related infrastructure that meet the requirements of this subsection.
Restrictions: A maximum of three points total may be earned using up to two (maximum) of
the following: OP Development Density, OP2 Walkability, and OP3 Electric Vehicle
Parking Spaces."
PA
D. Table 144-C402.5.3.1 (1) (Required Number of Electric Vehicle Parking Spaces) and
Table 144-C402.5.3.1 (2) (Sample Calculation for required number of EV Parking Spaces) are
deleted and replaced by the following tables:
Residential Space
Commercial Space
Number of
# of EV Spaces
# of EV Spaces
Area in units
# of EV Spaces
# of EV Spaces
Dwelling
Required for
Required for
of 1,000 Sq.
Required for
Required for
Units (DU)
Residential Portion
Residential Portion
Ft (CA)
Commercial Portion
Commercial Portion
1 pt.
2 pt.
1 pt.
2 pt.
1 to 6
NA
1
5
1
2
7 to 12
1
2
10
2
4
13to18
2
3
15
3
5
19 to 24
2
4
20
4
7
25 to 27
3
5
25
4
8
28 to 35
3
6
30
5
10
36 to 42
4
7
35
6
11
43 to 49
4
8
40
7
13
The numbers listed above are examples.
The numbers listed above are examples.
For 1 to 24 Dwelling Units:
For all building sizes use the equation:
EV Spaces
required for each point SR = 0.081 x DU
EV Spaces required for each point SC = 0.151 x CA
For 25 or more Dwelling Units:
SR = [(0.13 x DU) + 1] + 1.853
Complete calculations for Residential and Commercial space separately, add results, then round up to the nearest whole
number. SR + SC = ST (Total EV Parking Spaces required)
sq ft mixed -use building. 26 Dwelling Units (DU) and 6,000 sq ft Commercial Area (CA).
SR = [(0.13 X 26) + 1] - 1.853
SR = (3.38 + 1) - 1.853
SR = 4.38 - 1.853 = 2.364
.364 EV spaces are required for Residential portion
SC = 0.151 X 6
SC = 0.906
0.906 EV spaces are required for Commercial portion
ST = SR + SC rounded up
ST = 2.364 + 0.906 = 3.27, round up
4 EV spaces are required for the b
SR = 2.364 X 2 = 4.728
SC=0.906X2=1.812
ST = SR + SC rounded up
ST = 4.728 + 1.812 = 6.54, round up
E. The table in Section 144-C404.5 (Changes in 2023 to Summary Table for Prescriptive
Compliance Path/Easy Path) is deleted and replaced by the following table:
0
Commercial Compliance Summary for Easy Path/Prescriptive Path
Projects must earn at least 12 points
Cate -
Improvement
Points
Details
or
EFFICIENT ELECTRIFICATION
Heat pumps for space
4 points for air source heat pumps.
EE 1
heating
4-6
6 points for ground source heat pumps.
EE2
Heat pumps for service
2
2 points for water heating systems that use heat pumps.
water heating
Available to hotels and restaurants only.
Commercial cooking
6 points for electric cooking equipment in restaurants and other
EE3
6
food service buildings. Prerequisite: no fossil fuel use in the
electrification
building.
AFFORDABILITY
IMPROVEMENTS
All
Smaller building/room size
1-2
Up to 2 points for smaller room sizes. Available for Hotel and
Residential portions only.
Heating systems in heated
AI2
1
1 point for installing heating systems in directly heated spaces.
space
AI3
Efficient building shape
1
1 point if exterior surface area divided by directly heated floor
area is less than the maximum allowed value.
AI4
Right -lighting
1
1 point for reducing overlighting and implementing other
lighting improvements.
AI5
Modest window -to -wall
1
1 point for overall window -to -wall ratio less than 20%
ratio
(individual spaces may exceed 20%).
RENEWABLE ENERGY
REl
Renewable energy systems
1-6
Up to 6 points for on -site or off -site renewable electric systems
or on -site renewable thermal systems.
RE2
Biomass systems
3
3 points for biomass space heating systems.
OTHER POINTS
1 point for achieving sufficient development density on the
OP 1
Development density
1
building parcel. A maximum of three points total may be earned
for points OP 1 OP2 and OP3 combined.
1 point if the building meets the walkability criteria. A
OP2
Walkability
1
maximum of three points total may be earned for points OP 1,
OP2 and OP3 combined.
Electric Vehicle Parking
Up to 2 points for installing EV parking spaces and related
OP3
1 -2
infrastructure. A maximum of three points total may be earned
Spaces
for oints OP 1 OP2 and OP3 combined.
OP4
Adaptive reuse
1
1 point for substantial re -purpose of existing building.
OP5
Meet NY Stretch Code
1
1 point for complying with NYStretch Energy Code
Custom energy
OP6
1 -2
Up to 2 points for reduction in energy use.
improvement
F. Section 144-R502.5.1 (OP1 Development density) and the two introductory sentences
in Section 144-R502.5.2 (OP2 Walkability) are deleted and replaced with the following:
"144-R502.5.1 OP1 Development density
One point may be earned according to the requirements below.
Restrictions: A maximum of three points total may be earned using up to two (maximum) of
the following: OP Development Density, OP2 Walkability, and OP3 Electric Vehicle Parking
Spaces.
144-R502.5.1.1
One point shall be earned if (DU + CA) > (7 x Acreage), where:
DU = the number of all Residential dwelling units and/or sleeping units on the entire parcel
occupied by the building
CA = the FLOOR AREA of all Commercial space, measured in units of 1,000 square feet, on
the entire parcel occupied by the building
Acreage = the land area, measured in acres, of the entire parcel occupied by the building.
144-R502.5.1.2
DU shall include all dwelling units and/or sleeping units on the parcel occupied by the building,
including those in existing buildings. CA shall include all Commercial space on the parcel
occupied by the building, including that in existing buildings. CA shall not include common
areas serving only dwelling units or other Residential space. Acreage shall include all land area
on the parcel occupied by the building.
Example Calculation -for informational purposes only
Mixed Use Development
Residential units: 12 apartments 4 DU = 12
Commercial space: 10,000 sq ft 4 CA =10
Parcel acreage: 1.5 acres 4 Acreage = 1.5
DU + CA = 12 + 10 = 22
7 x Acreage = 7 x 1.5 = 10.5
22 > 10.5
1 point may be earned.
144-R502.5.2 OP2 Walkability
One point may be earned according to the requirements below.
Restrictions: A maximum of three points total may be earned using up to two (maximum) of
the following: OP Development Density, OP2 Walkability, and OP3 Electric Vehicle Parking
Spaces."
G. The two introductory sentences in Section 144-R502.5.3 (OP3 Electric Vehicle
Parking Spaces) are deleted and replaced with the following:
"Up to two points may be earned for installing ELECTRIC VEHICLE PARKING SPACE(s)
and related infrastructure that meet the requirements of this subsection.
Con
Restrictions: A maximum of three points total may be earned using up to two (maximum) of
the following: OP Development Density, OP2 Walkability, and OP3 Electric Vehicle Parking
Spaces."
H. Table 144-R502.5.3.1 (1) (Required Number of Electric Vehicle Parking Spaces) and
Table 144-R502.5.3.1 (2) (Sample Calculation for required number of EV Parking Spaces) are
deleted and replaced by the following tables:
7
Number of
Dwelling
Units (DU)
1 to 6
7to12
13 to 18
19 to 24
25 to 27
28 to 35
36 to 42
43 to 49
Residential S
# of EV Spaces
Required for
Residential Portion
1 pt.
NA
1
2
2
3
3
4
4
ce Commercial Space
# of EV Spaces Area in units # of EV Spaces # of EV Spaces
Required for of 1,000 Sq. Required for Required for
Residential Portion Ft (CA) Commercial Portion Commercial Portion
2 nt. 1 nt. 1 2 nt.
1
5
10
15
20
25
30
35
40
1
2
2
2
4
3
3
5
4
4
7
5
4
8
6
5
10
7
6
11
8
7
13
The numbers listed above are examples.
For 1 to 24 Dwelling Units:
EV Spaces required for each point SR = 0.081 x DU
For 25 or more Dwelling Units:
SR = [(0.13 x DU) + 1] + 1.853
The numbers listed above are examples.
For all building sizes use the equation:
EV Spaces required for each point SC = 0.151 x CA
Complete calculations for Residential and Commercial space separately, add results, then round up to the nearest whole
number. SR + SC = ST (Total EV Parking Spaces required)
sq ft mixed -use building. 26 Dwelling Units (DU) and 6,000 sq ft Commercial Area (CA).
SR = [(0.13 x 26) + 1] - 1.853
SR = (3.38 + 1) - 1.853
SR = 4.38 - 1.853 = 2.364
2.364 EV spaces are required for Residential portion
SC = 0.151 x 6
SC = 0.906
0.906 EV spaces are required for Commercial portion
ST = SR + SC rounded up
ST = 2.364 + 0.906 = 3.27, round up
To earn two points
SR = 2.364 x 2 = 4.728
SC = 0.906 x 2 = 1.812
ST = SR + SC rounded up
ST = 4.728 + 1.812 = 6.54, round up
I. The table in Section 144-R504.5 (Changes in 2023 to Summary Table for Prescriptive
Compliance Path/Easy Path) is deleted and replaced by the following table:
Residential Compliance Summary for Easy Path/Prescriptive Path
Projects must earn at least 12 points
Cate-
Improvement
Points
Details
or
EFFICIENT ELECTRIFICATION
EE 1
Heat pumps for space
6 - 10
6 points for air source heat pumps.
heating
10 points for ground source heat pumps.
Heat pumps for service
EE2
2
2 points for water heating systems that use heat pumps.
water heating
Commercial cooking
6 points for electric cooking equipment in restaurants and other
EE3
6
food service buildings. Prerequisite: no fossil fuel use in the
electrification
building.
EE4
Residential cooking and
2
2 points for electric stoves and ventless heat pump clothes
clothes drying electrification
dryers. Prerequisite: no fossil fuel use in the building.
AFFORDABILITY
IMPROVEMENTS
All
Smaller building/room size
1-2
Up to 2 points for smaller room sizes. Available for Hotel and
Residential portions only.
Heating systems in heated
AI2
1
1 point for installing heating systems in directly heated spaces.
space
AI3
Efficient building shape
1
1 point if exterior surface area divided by directly heated floor
area is less than the maximum allowed value.
AI5
Modest window -to -wall
1
1 point for overall window -to -wall ratio less than 20%
ratio
(individual spaces may exceed 20%).
RENEWABLE ENERGY
REl
Renewable energy systems
1-6
Up to 6 points for on -site or off -site renewable electric systems
or on -site renewable thermal systems.
RE2
Biomass systems
5
5 points for biomass space heating systems.
OTHER POINTS
1 point for achieving sufficient development density on the
OP 1
Development density
1
building parcel. A maximum of three points total may be earned
for oints OP 1 OP2 and OP3 combined.
1 point if the building meets the walkability criteria. A
OP2
Walkability
1
maximum of three points total may be earned for points OP 1,
OP2 and OP3 combined.
Electric Vehicle Parking
Up to 2 points for installing EV parking spaces and related
OP3
1 -2
infrastructure. A maximum of three points total may be earned
Spaces
for points OP 1 OP2 and OP3 combined.
OP4
Adaptive reuse
1
1 point for substantial re -purpose of existing building.
OP5
Meet NY Stretch Code
2
2 points for complying with NYStretch Energy Code
Custom energy
OP6
1 -2
Up to 2 points for reduction in energy use.
improvement
Section 2. In the event that any portion of this law is declared invalid by a court of
competent jurisdiction, the validity of the remaining portions shall not be affected by such
declaration of invalidity.
Section 3. This local law shall take effect immediately upon its filing with the New York
State Secretary of State.
10
Item 4
MEETING OF THE ITHACA TOWN BOARD
December 28, 2022
TB Resolution 2022 - : Authorization to Select Engineering Consultant Award Contract
for the Townline Road Bridge Project
Whereas, on December 9, 2022, the Director of Engineering (Director) sent a Request for
Interest to pre -qualified engineering firms and on December 16, 2022 received letters of interest
for the Townline Road Bridge project ("Project"), for which the Town will seek New York State
Department of Transportation BridgeNY funding for 95% of eligible Project costs, and,
Whereas, the Director recommends that the Town Board select Barton and Loguidice, D.P.0
(`B&L"), 443 Electronics Parkway, Liverpool, NY 13088 as the preferred consultant from the
NYSDOT Local Design Services Agreement -Region 3 Consultant List, and
Whereas, the Director makes this recommendation after utilizing a qualification -based selection
process with the following criteria: related work experience, project objectives, timelines, and
knowledge of the Townline Road Bridge Project that meet and/or exceed Town expectations, and
Whereas, the Director and their staff have reviewed the letter of interest and qualifications of
B&L and recommends award and entry into a contract with B&L for Part A services
(review/completion of the BridgeNY application), for a fixed fee of $XXXX, and
Whereas, Part B fees and services (bridge replacement design and permitting of the Townline
Road Bridge over Lick Brook) may be negotiated and awarded to B&L at a later date based on
the findings of Part A, and subject to the Town's receipt of a BridgeNY award for 95% of the
eligible project costs and Town Board approval of the 5% Local match for Part B, and
Whereas, Part C fees and services (construction related consultant services) may be negotiated and
awarded at a later date based on the findings of Part B, and subject to the Town's receipt of a
BridgeNY award for 95% of the eligible project costs and Town Board approval of the 5% local
match for Part C, now, therefore, be it
Resolved, that the Town Board selects B&L as its engineering consultant for said Parts A, B and
C services, approves the contract for Part A services, and authorizes the Town Supervisor to
execute the contract for Part A services, subject to approval of the contract documents by the
Director and Attorney for the Town.
Moved: Seconded:
Vote:
Item 5
TOWN OF ITHACA
11
J ........... NEW YORK
To: Town Board members
From: Dan Tasman, Senior Planner / Planning Department
IDate: 21 December 2022
u.ulbJect: Inlet Valley Overlay District: zoning code amendment and rezoning
"I Summary
Planning staff is introducing the Inlet Valley Overlay District to the Town Board. Adoption of the overlay district will
include these actions:
Zoning code amendment: add the Inlet Valley Overlay District, a new zone with two sub -zones (IV-C: Inlet Valley
center, IV-T Inlet Valley transition), to the Zoning Code (Town Code §270).
Zoning map amendment / rezoning: apply either of the two Inlet Valley Overlay District sub -zones (IV-C, IV-T) to
designated areas in the Inlet Valley Corridor area. (See included map. Current base zone will not change.)
Details are below and on the following pages. Attachments follow this memo.
2 Airea
Proposed Inlet Valley Overlay District area:
• IV-C (Inlet Valley center) subzone: ± 90.01 acres (gross; includes street rights -of -way)
• IV-T (Inlet Valley transition) subzone: ± 60.51 acres (gross)
• Total: ± 150.52 acres, or about 0.25 mil (gross)
3 ILocation
Inlet Valley Corridor, fronting or near Elmira Road (NY 13) between 602 Elmira Road (south of intersection with Five
Mile Drive / NY 13A) and 919 Elmira Road (Sunny Gables). (See included map.)
4 Proposed action and details
4.1 General description
The Town of Ithaca is proposing a new zoning district (with two subzones), the Inlet Valley Overlay District (IV). The
overlay district would apply to a corridor centered on a ± 7,000' section of Elmira Road (NY 13) between Five Mile
Drive and Treman State Park.
NC (neighborhood commercial) and LI (light industrial) zoning on lots fronting Elmira Road between Five Mile Drive
and Seven Mile Drive are an obstacle to implementing the Town's plans for the Inlet Valley Gateway. In recent
years, the Planning Department fielded many inquiries for possible uses and projects along Elmira Road in Inlet
Valley. Some proposals meet the spirit of the Town's plans, but the current zoning wouldn't allow them. A
proposal several years ago for an auto mall complex, if approved, would likely have led to other out -of -scale
projects that would have overwhelmed the surrounding built and natural environment.
The Inlet Valley Overlay District would allow uses and development of a kind and scale that makes sense for and
complements the area, and prohibit uses and development that could be out of place or harmful. It would put the
Town's vision for the area into action, and provide more certainty for stakeholders. The overlay is also intended to
Inlet Valllley Overpay District: zoning code airneindiment, zoning wrap amendment / irezoning
keep Elmira Road from becoming a general commercial or semi -industrial strip; a common fate among many similar
areas throughout the country.
4.2 Overlay zoning: how it works
An overlay is a zone that "overlays" or sits on top of the original "base zone". The underlying zoning stays the same,
but the overlay adds special regulations or incentives that take priority over the default regulations.
If adopted, the Inlet Valley Overlay District will be the first overlay zone in the town's zoning regulations. Other
planning tools that the Town uses, like cluster subdivision conditions and development rights easements, also keep
the underlying zoning, and add new rules and restrictions.
4.3 Overlay subzones and location
The Inlet Valley Overlay District is made up of two subzones; IV-C (Inlet Valley: center) and IV-T (Inlet Valley:
transition).
IIV-C (linnet Valley: ceinteir)
The IV-C overlay subzone is planned for the center or core of the Inlet Valley Gateway area; lots fronting a ± 3,900'
section of Elmira Road from Five Mile Drive to ± 450' southeast of Seven Mile Drive. This also includes lots on
Brewery Lane and the south end of Ithaca Beer Drive. The IV-C area would cover about the same area as the Inlet
Valley Gateway (future land use) character district in the 2014 Comprehensive Plan.
While lightly developed in general, the proposed IV-C area is the most built up part of Inlet Valley. The IV-C
subzone would overlay LI (light industrial) zoning at the northeastern end, and NC (neighborhood commercial)
zoning around the Elmira Road / Seven Mile Drive intersection. The IV-C area also includes some smaller lots with
LDR (low density residential) zoning on the south side of Elmira Road,
Depending on the underlying zoning, the IV-C subzone would allow low intensity retail, office, lodging, or artisanal
semi -industrial uses that complement nearby state parks and outdoors/agritourism attractions. This is along with
agricultural and low density residential uses that the underlying zoning allows.
IIV-T (linnet Valley: tiransiflon)
The IV-T subzone area extends southward from the area around Elmira Road / Caulkins Road intersection, to the
historic Sunny Gables house. The proposed IV-T overlay subzone area is much less built up; the Eddydale Farm
Market, Early Bird (Sheldrake) farm stand, farm fields and fallow land, and a few single family houses make up the
roadscape. Lots in this area have AG (agriculture) and LDR (low density residential) zoning.
The IV-T overlay subzone will act as a transition zone between more developed parts of the Inlet Valley Gateway
area (IV-C overlay), and Robert Treman State Park. The subzone will allow a limited range of small scale commercial
uses, in keeping with underlying Natural/Open, Rural/Agriculture, and Semi -Rural Neighborhood future land use
designations in the Comprehensive Plan. This is along with currently permitted agricultural and low density
residential uses.
4.4 Permitted uses
The overlay district regulations uses tables to list and define different uses, any applicable conditions, the overlay
and base zones that allow them, and any need for special permit approval from the Planning Board. There are
separate tables for each of these categories.
Inlet VallHey Overpay District: zoning code airneindment, zoning wrap amendment / rezoning
• Lodging principal uses
• Commercial principal uses
• Industrial and semi -industrial principal uses
• Civic principal uses
• Utility and communications uses
• Accessory uses
The permitted use tables would supersede the default permitted use lists for AG, LDR, NC, and CC zones in Town
Code § 270. Permitted agricultural and residential uses would be the same as what § 270 now allows.
4.5 Site and building design
The proposed Inlet Valley Overlay District regulations also have special standards for these aspects of site design.
• Building design: elevation and wall form, wall articulation, consistent design on visible elevations, roof form and
materials, cladding materials and color, trim, window and door area and design, building entrance orientation
and design, formula (chain) architecture, rooftop/building mounted mechanical equipment location and
screening.
• Landscaping: groundcover, tree preservation, foundation planting, parking lot landscaping.
• Parking and vehicle circulation: size and visibility, parking lot siting, surface materials, circulation, access
management, lot -to -lot connection, internal and perimeter landscaping, stormwater management.
• Pedestrian and bicycle facilities.
• Fences and walls: permitted materials, height and location.
• Service and equipment areas: siting, screening
• Utilities: underground utilities.
• Outdoor lighting: performance standards, pole height and siting, fa4ade and canopy lighting, security lighting,
light pole and fixture style, light color temperature.
• Signs: freestanding and attached sign special requirements, sign legibility, wayfinding signs, additional
prohibited signs, removal of nonconforming signs.
These requirements implement goals and recommendations related to aesthetics and design in the 2014 Town of
Ithaca Comprehensive Plan, the Recoding Ithaca report from 2017, and the more recent I -VIP Inlet Valley Ithaca Plan:
Economic Feasibility Study and Strategic Plan.
Many of these standards address aspects of building and site design that the Town's zoning regulations are now
silent on. They'll help reduce the visibility of parking and utility areas, promote regional vernacular architecture and
natural building materials, and ensure new development fits into its setting as much as possible. Design standards
also offer more certainty to those developing or upgrading their properties, nearby landowners, and Town officials.
5 lBackground
5.1 1956: Elmira Road Study
The Proposed Development Plan: Bostwich (sic) Elmira Road Area study from 1956 identified the Elmira Road
corridor from Five Mile Drive and Seven Mile Drive as an ideal location for light manufacturing. The plan was
written in advance of the proposed Appalachian Thruway, which would have passed through the valley and the City
of Ithaca. The Town implemented the plan by adopting light industrial zoning along Elmira Road southeast of Five
Mile Drive. The Appalachian Thruway, and the predicted demand for industrial space, never came to fruition.
Inlet VallHey Oveday District: zoning code airneindment, zoning wrap amendment / rezoning
5.2 2014: Comprehensive Plan
The 2014 Comprehensive Plan future land use plan identifies the "Inlet Valley Gateway" character district as a
special focus area, distinct from more general character districts. The Plan targets the Inlet Valley Gateway area as a
"setting for a mix of office, small-scale retail, hospitality, and tourism and agritourism uses, with low -impact light
industrial, artisanal industrial, and skilled trade uses." The Plan also recommends special site planning and design
standards for the area, and lays out specific design recommendations for future development. The Plan also
discourages agglomeration of mechanical commercial uses (auto and powersports dealers, heavy equipment rental,
building trade uses, and the like), and actions that could result in strip commercial development.
5.3 2017-2018: Inlet Valley steering committee and strategic planning
In November 2017, the Town issued a request for qualifications (RFQ) for an economic development feasibility
study and strategic plan for the Elmira Road corridor in the Inlet Valley area. The Town's goal was to "determine the
economic feasibility of this corridor being an attractive and suitable location for the growth and development of
businesses related to hospitality, tourism, agriculture, including agriculinary tourism, and other similar uses as
outlined in the town's 2014 Comprehensive Plan."
Following several months of research and outreach efforts to stakeholders, consultants drafted the 1-VIP Inlet Valley
Ithaca Plan: Economic Feasibility Study and Strategic Plan. The document's findings and recommendations included:
• Leveraging the area's location between two state parks, and its "general rural -recreational -agricultural
character"
• Future development that reinforces a rural -recreational -agricultural and agriculinary theme.
• A new zoning district (conventional or overlay) to "improve the aesthetic appearance of the corridor, encourage
a mix of compatible land uses and help create a "brand identity" for the corridor which would support tourism
and marketing...."
• Design standards for architecture, site layout, stormwater retention, and landscaping.
• Special sign requirements, and an 8-10 year period for amortization and removal of nonconforming signs.
• Prohibiting uses like self -storage facilities, which could undermine broader goals for the area.
These planning efforts were funded through a grant from Empire State Development.
5.4 2019-2022: drafting regulations
A consultant team working in association with the authors of the strategic plan created an early draft of overlay
regulations for the Inlet Valley Gateway area. Planning staff, with the guidance of the Planning Committee, used
those early documents as the foundation for drafting overlay regulations in a form that's easier to use and interpret.
Compared to the consultant draft overlay regulations, the Planning staff draft also allows a somewhat broader
range of uses, and applies a more prescriptive yet still flexible approach to site and building design.
(Next .steps
The Town Board decides whether it will consider this proposed action. If the Town Board decides to consider the
action, they need to refer it to the Planning Board for a recommendation. It's anticipated the Planning Board will
review the action in later January. They may suggest changes and make recommendations. The Planning Board will
then refer the action back to the Town Board, with a resolution that recommends approval, approval with changes,
or disapproval, along with any environmental findings. The Town Board may want to consider setting a public
hearing at their January 9t' meeting.
Final draft: December 12, 2022
The Inlet Valley area has animportant role inthe regional tourism economy. The overlay district isdesigned to
achieve the town's vision for economic development in the Inlet Valley through
m encouraging the ongoing establishment and growth of outdoor recreation, tourism and agriculture -culinary
related uses,
m recognizing the importance of existing commercial and light industrial uses and
m providing abroader mix ofresidential and other appropriate land uses.
The overlay district aims to preserve and build upon the most appealing aspectsofthe Inlet Valley's rural and
agricultural character, and enhance the area's appeal as a recreational destination among residents and visitors.
The outcome of development under these provisions will add to the area's tourism and transportation assets,
enhance the synergistic relationship between the area's businesses and attractions, and reinforce its sense of
place.
The Inlet Valley overlay district includes two overlay zones.
m IVcC: Inlet Valley Center. This overlay zone intends to foster compact mix ofdestinations. It is centered
generally around the existing light industrial, neighborhood commercial and planned development zones.
m |VcTInlet Valley Transition. This overlay zone provides atransition from the |V-Coverlay zone to
surrounding lower density residential and agricultural zones.
The Inlet Valley overlay district issuperimposed onunderlying (base) zones The overlay district identifies
requirements that apply in addition to (or instead of)those in the base zone. This includes requirements for:
0 Lot area (270-171.4)
m Area, mass, bulk, and siting ofstructures (270-171.4,270-171})
m Permitted uses(270.171.5)
m Physical design (27O]71.G)'including
o Architectural design.
o General site planning.
o Pedestrian and vehicle circulation
o Parking and service area location and design.
o Landscaping' screening' site lighting, and pedestrian amenities.
0 Signs.
Regulations for the overlay zone apply if overlay and base zone regulations conflict.
Uses and development projects in the Inlet Valley overlay district must follow the review and approval procedures
in Article XXIII Site Plan Review and Approval Procedures when § 270-184 requires such procedures.
270-171.4 Area, bulk, and lot coverage
Area and bulk requirements for (:0 non-agricultural / residential sites and uses, and (z) sites and uses with both
residential and non-agricultural / residential uses, are in the following table.
Area and bulk requirements in the base zone apply to agricultural and residential sites and uses. .
Area and bulk requirements: non-agricultural / non-residential
Lot
Front / street
Building
Lot building
Interior side
landscape /
Overlay zone Lot size fronting side
Rear setback
height
coverage
setback *
setback
(max)**
(max)
open area
coverage ***
IV-C >_ 30,000" >_ 30'
>_ 20' >_ 40'
<_ 40'
<_ 30%
>_ 30%
IV-T >_ 30,000'2 >_ 40'
>_ 40' >_ 50'
<_ 38'
<_ 20%
>_ 50%
* Exceptions for yard encroachments in § 270-224 apply.
** Building height is the vertical distance from the average ground level of the building to the highest roofline
point. Building height does not include chimneys, steeples, cupolas, parapet or equipment screening structures,
solar panels, stair enclosures, rooftop patios, antennas, or other similar features that project above the roofline.
Maximum height requirements do not apply to buildings and other structures used for agriculture.
*** Remaining lot area outside the footprint of all buildings and structures; parking areas and driveways / drive
aisles; outdoor storage; service and utility areas; decks, patios and pads; and similar areas.
A. Permitted uses in general
Permitted uses and structures in the Inlet Valley overlay zones are in the following tables. These tables supersede
lists of permitted principal and accessory uses in the base zones.
A ✓ symbol in a column means the overlay zone allows the base zone use.
A • symbol means the overlay zone does not allow the base zone use.
A (s symbol identifies uses that need special permit approval by the Planning Board. (See Chapter 270 Article
XXIV: Special Permits and Special Approvals.) Special permit approval criteria in Chapter 270 apply. The Planning
Board may impose reasonable conditions on a use, as part of its findings during special permit review.
If a use is not in any of these tables, the overlay zone does not allow the use, even if the base zone normally
allows it.
If a use in the following tables does not have a definition, the definition for that use elsewhere in Chapter 270 (if
any) applies.
Uses are mutually exclusive. A use with a broader scope does not include a more specific use type that the table
also lists or describes, unless provisions in this section note otherwise.
Inlet Valley overlay district 2022-12-08 1 2
These provisions consider each principal use asif it stands alone, even ifthat use isfunctionally integrated with
other defined uses. (Example: if a place of worship has an elementary school, overlay provisions consider the
place of worship and school as separate uses.)
B. Agricultural principal uses
Agricultural and aghtourism-related uses that base zone allows are also allowed in the same zone in the Inlet
Valley overlay district, under the same conditions and limitations, unless provisions in this section note otherwise
C. Residential principal uses
Residential uses that a base zone allows are also allowed in the same zone in the Inlet Valley overlay district, under
the same conditions and limitations, unless provisions in this section note otherwise
D. Lodging principalmses
V = permitted use - = use not allowed needs special permit approval
1)@ed-and-breakfas
(See definition in §J0-S).
Conditions:
° Requirements for the use inthe base zone apply.
20 Hotel /motel
Facility with � 6guest rooms for overnight stays by paying guests.
Conditions:
° Requirements for the use inthe base zone apply.
° Rooms: ��6Oguest rooms.
'/�)|`/|~/|
E. Commercial principal uses
IV-C overlay
lV-T
V = permitted use use not allowed needs special permit approval
overlay
1) Adult entertainment business
(See definition in Town Code Chapter 700: Adult Uses.)
- Must meet all applicable requirements of §270-145, including location criteria.
2) Companion animal services
Any of these uses.
• Veterinarian or animal physical therapy.
• Dog / cat / small animal grooming.
• Dog / cat / small animal day care.
• Dog obedience, behavioral, conformation, or agility/sports training.
000,2,
Gross floor area in the LDR zone: :� 5, with special permit approval.
000,2
Gross floor area in the NC and LI zones: :� 5, or :� 7,500" with special
permit approval.
Inlet Valley overlay district 2O2Z-12-Q8 1 3
E. Commercial principal uses
IV-C overlay
IV-T
permitted use use not allowed needs special permit approval
overlay
Any of these services to unrelated children or adults in a protective setting.
- Child day care (78 NYCRR Subpart 4 78- 7), small day care (18 NYCRR Subpart 4 78-
2), school -aged child care (18 NYCRR Part 414).
- Adult day health care (70 NYCRR Part 425), social adult day care (9 NYCRR
4) Personal services: health / fitness
I/Os
Indoor space and equipment for exercise and physical fitness to the public.
(Examples: health / fitness club, gymnasium, cycling circuit training studio, personal
trainer, yoga studio, day spa, martial arts studio.)
00,2
- Gross floor area: 5,000" in the IV-C overlay, and 2,5 in the IV-T overlay.
Professional, administrative, clerical, outpatient medical or allied health care, design,
or technical service. Includes government offices.
- Gross floor area: 2,5
Preparing or serving meals or drinks to customers onsite or delivery oftsite.
000,2.
• Must not have a drive -through window.
Inlet Valley overlay district 2O2Z-12-Q8 1 4
E. Commercial principal uses
,/ = permitted use - = use not allowed a = needs special permit approval
IV-C overlay IV-T
� overlay
7) Retail and service: general 1/0S 1/ 1/*
Sale or rental of a physical product to the public, or providing a service to customers
onsite. It does NOT include display, sale, lease, rental, servicing, repair, cleaning,
fueling, or modification of.-
(D Motor vehicles, trailers, motorcycles, powersports equipment, recreational
vehicles, utility vehicles, or similar items; or related parts or accessories.
• (D Home spas, hot tubs, saunas, or swimming pools.
• (D Bulk or loose lumber, bricks, cladding, mulch, soil, gravel, and similar raw or
finished materials.
• (D Movable or pre -fabricated buildings, sheds, gazebos, decks, or other structures.
• (D Equipment or machinery designed to be towed by a vehicle.
• (D Light and heavy construction, earthmoving, or demolition equipment.
• (D Air compressors, generators, mobile pumps, or similar items.
• (D Accessories related to the items above.
It also does NOT include
• (D Trade uses (examples: HVAC or plumbing service, machine shop).
• (D Wholesale businesses not catering to the public.
• (D Vending machines, automated teller machines, unattended sales, or storage as
a principal use.
- (D Businesses where 20% of the use area is outdoors or not in a fully enclosed
building.
This use does not exclude uses allowed as small scale commercial uses (see 8 below).
Conditions:
• Gross floor area in the LDR zone: <_ 5,000", with special permit approval.
Gross floor area in the NC and LI zones: 5,000"; or 7,500" with special
permit approval.
- Must not have a drive -through window.
Inlet Valley overlay district 2022-12-08 1 5
E. Commercial principal uses IV-C overlay IV-T
,/ = permitted use - = use not allowed a = needs special permit approval overlay
8) Small scale commercial so ✓0§
Specific retail or service use that help shape and reinforce the Comprehensive Plan's
vision for the Inlet Valley area. These uses are:
• Arts and crafts studio.
• Industrial arts studio, where people make art or artisanal products by hand; using
handheld or tabletop/benchtop tools, or similar small footprint machine tools or 3D
printers; and display and sell it onsite. (Examples: metal and wood sculptures, glass
blowing, ceramics. Machine shops, and uses related to building or mechanical trades,
are NOT industrial arts studios.)
• Outdoor outfitting, sporting goods, ski, and/or bicycle sales or rental.
• Restaurant, cafe, or bakery, with no drive -through or walk up window service, and
no permanent outdoor seating area. -
(Note: the IV-C overlay allows these uses under the restaurant cafe bar or retail
and service: general categories.)
Conditions:
• A lot may have only one small scale commercial use.
• Gross floor area: :<_ 1,500".
• Off-street parking spaces: < 8.
• Outdoor service and storage areas related to the use: 500". Siting and
screening must comply with 270-171.6 J.
9) Retail plant nursery V/ 0S V/ V/ I/
Retail sale of plants, and related home garden equipment supplies and accessories, to
the general public.
os
10) Retreat / event venue V 0S v
Use of land and designated structures for gatherings or events (examples: wedding,
private party, fundraiser event, training event, conference reception).
Conditions:
• Indoor event space gross floor area: { 6,000,2.
• This use needs site plan and special permit review. (Site plan and special permit
review are not needed for each event.)
In the IV-T overlay zone, this use is allowed only in a building that is listed or
eligible for listing in a national or state registry of historical building, that is
restored or reconstructed for the use, on a lot with frontage and access on Elmira
Road.
11) Winery / distillery / brewery / cidery 1/0 1/0S
Winery, distillery, brewery, or cidery, sales of product made onsite, and related tasting
rooms.
Conditions:
- Gross floor area: :<_ 10,000".
MM
Inlet Valley overlay district 2022-12-08 1 6
F. Industrial and semi -industrial principal uses
,/ = permitted use - = use not allowed (�) = needs special permit approl
1) Industrial use: low impact
Manufacture mostly from previously prepared materials, preparation, processing, or
repair of products for distribution or sale; with no detectible offsite impacts.
Conditions:
• Gross floor area: :<_ 5,000".
• Gross floor area may be 5,000" to 15,000" with special permit approval.
IV-C overlay IV-T
overlay
LDR I NC I LI AG I LDR
G. Civic principal uses
IV-C overlay
IV-T
V = permitted use use not allowed a = needs special permit approval
overlay
LDR I NC I LI
AG I LDR
1) Community workshop
V/ 0S V/ V/
Facility for people to team, experiment, invent, or make things using shared tools and
resources, in a collaborative setting. (Examples: makerspace, hackerspace, community
kitchen.)
Conditions:
- Gross floor area: 10,000".
2) Cultural facility
Facility for display, performance, or enjoyment of heritage, history, arts, or sciences.
(Examples: museum, gallery, library, visitor center, arts performance venue by a
public or private entity.)
Conditions:
• Gross floor area: 10,000,2.
In the NC and LI zone in the IV-C overlay, gross floor area may be 10 000,2 to
2 000,2
0, with special permit approval.
3) Farmer's market
/OS V/*
Retail marketplace, mostly under an unenclosed structure, where merchants sell their
products directly to consumers. It does not include grocery or convenience stores, or
resellers.
Conditions:
• Needs special permit and site plan review approval by the Planning Board.
4) Gallery: specialty vintage
vos
Museum open to the general public, displaying a collection of antique or vintage
items, including form equipment, tractors, cars, boats, bicycles, steam engines,
textiles, glassware, wines, or similar items of interest.
Conditions:
• Gross floor area: :<_ 20,000,2
• May include sales or restoration/repair of showcased items only as an ancillary
use.
• Outdoor display and storage area of collection items: <_ 200,2
• (D This use doesn't allow uses that are expressly not allowed as a "Retail and
service: general" use in the commercial principal use category (table E).
Inlet Valley overlay district 2022-12-08 1 7
G. Civic principal uses
IV-C overlay
IV-T
permitted use use not allowed needs special permit approval
overlay
5) Park, playground, community garden
V
Land used for a park, playground, community garden, garden plots, a nature
preserve, or a similar purpose.
Facility used for publicIresident assembly for worship, meeting, government, or
community purposes. (Examples: religious or secular con regation, community
center, common house, amenity center.) This includes t ical ancillary uses.
Yp
(Examples: meeting room, kitchen, exercise room, laundry room, workshop, day care
center, offices.)
7) Private club lodge
Os
Facility of a private club or organization, mostly open only to club members and their
guests. (Examples: service or lodge -based organization, social club, veterans' club,
labor union.)
8) Public safety
Police or fire station, ambulance service, or other public safety service
9) School: primary/ secondary
NYS recognized school for primary or secondary (K- 72) education.
H. Utility and communication uses IV-C overlay IV-T
V = permitted use use not allowed needs special permit approval overlay
1) Solar energy system (as a principal use)
2) Utility: municipal or public V
Facility for collecting, processing, or distributing a public utility commodity.
(Examples: electrical substation, water tank and pumps, lift station, telephone switch.)
• Landscaping requirements in §270-171.6 E also apply to utility facilities.
• A utility facility that is not in an enclosed building (example: open air electrical
substation) must meet these requirements.
- Siting must be as unnoticeable from the public realm and residential uses as
- Height: tall enough to conceal the equipment, up to 12'.
- Materials: brick or stone (real or simulated/precast); split face block.
- Opacity: wall 100% opaque, gates �� 75% opaque.
3) Wind energy facility, small (as a principal use)
Inlet Valley overlay district 2O2Z-12-Q8 1 8
H. Utility and communication uses
,/ = permitted use - = use not allowed needs special permit approv!
4) Wireless facility
Equipment, structures, and site or designated area used to transmit or relay
commercial or broadcast wireless services. (Examples: personal wireless service, fixed
wireless Internet, broadcast or television transmitter and antenna)
Conditions:
- Zoning Code review process and requirements for personal wireless service
facilities in § 270-219 apply.
ZEN=
ILDR I NC I -I
IV-T
overlay
AG I LDR
✓ V
J. Accessory uses
IV-C overlay
IV-T
permitted use use not allowed a = needs special permit approval
overlay
LDR:: NC I I -I
AG I LDR
1) Antenna: radio hobbyist
V V V
Outdoor antenna, and tower or supporting structure (if any), for amateur radio or
other radio hobby use.
Conditions:
• Requirements for amateur radio facilities in the base zone (§ 270-219.3) apply.
2) Day care: home
Group family day care (78 NYCRR Part 416) or family day care (78 NYCRR Part 4 77)
in a protective setting, in a dwelling unit.
Conditions:
• Ownership: The operator must live in the dwelling unit as their primary home.
3) Donation collection box
Outdoor container for collecting donations of clothes and nonperishable items.
4) Home occupation
Business activity subordinate to a residential use in G dwelling unit.
Conditions:
• Requirements for a home occupation in the base zone (§ 270-219.2) apply.
5) Outdoor entertainment
Performing arts event or activity that takes place in the open, outside of the enclosed
structure that has the principal use.
Conditions:
• Outdoor entertainment must be subordinate and incidental to the principal use.
• Time: Outdoor entertainment may take place only between 12:00 AM and 9:00
PM on Sunday through Thursday, and 12:00 PM to 11:00 PM on Friday and
Saturday.
Inlet Valley overlay district 2022-12-08 1 9
J. Accessory uses
`/ = permitted use ° = use not allowed needs special permit approval
IV-Coveray IV-T
| overlay
G)Roadside stand V
Sale of produce nrvalue added form nrfood products (NY AGM §2822), largely
outdoors, /n oform setting.
Conditions:
° A roadside stand may be an accessory use only to a working farm.
° The majority of the products sold at a roadside stand must be from (or derived
from products from) the farm at the stand location.
° Roadside stand setback from public right of way: �t 30'
Parking at roadside stand must allow safe vehicle access. A roadside stand must
meet parking and vehicle circulation requirements ofthis section (§27O-l7l.6 H.
° Total footprint ofstructures for a farm stand: :� SOO'z in the LUR, N[, and L|
0002
7) Solar energy system
- Requirements for solar energy systems as an accessory use in the base zone
Os
8) Wind energy facility, small I/ I/Os 1/ 1/*
- Requirements for small wind energy facilites as an accessory use in the base zone
r-119M��
Design standards and guidelines promote these aims.
m Adistinct identity and sense ofplace for the Inlet Valley corridor.
m Ecological and aesthetic qualities of the area.
m Development in the context of verdant, semi -rural setting by two state parks.
m Creative yet context -sensitive architectural design and site planning
m Building for the long term, with design that imparts human scale, visual harmony, and permanence.
m Use ofbuilding materials that are durable, natural, traditional, and sustainable.
m Acomfortab|e relationship between people, and the surrounding built and natural environment.
Inlet Valley overlay district ZQZ2-1Z-O8 1 10
Development and improvements on a lot with, or developed for, a lodging, commercial, industrial and semi -
industrial, or civic use (after the effective date of the Inlet Valley overlay), must meet the requirements of this
section.
Some design provisions are recommendations, while others are requirements. The term "shou|d"expresses a
recommended guideline. "K4usL"expresses arequirement orduty. "K4av"expresses permission. "K4av"with e
number expresses permission to a limit.
(1) Style neutrality
These architectural design standards are style neutral. They establish adesign language ofappropriate forms and
materials for the Inlet Valley overlay district.
(2) Elevation and wall form
All building elevations must have a distinct base, middle, and top.
Scale, proportions, massing' articu|ation, and design features of street and public facing elevations should
enhance the pedestrian and vehicular experience, and emphasize human scale.
(2) Wall articulation
An elevation �1OO'long must have wall plane projections orneceesesvvhhadepthof�596ofthefe�ade|ength,
extending ��2OY6ofthe fa\edelength. (Exemp|e:1OO'long elevation, �t2O'ofits length must beset �5'back or
forward from the main faqadep|anej
An elevation must not have e blank, uninterrupted length of >25' without having �2 of these features on each
story:
m �t 0.5' change in plane.
m change in texture or masonry pattern.
m 15'2 window area.
m door opening.
m other equivalent element(s) that visually divides the wall into human scale proportions.
Side or rear walls may have false windows and door openings defined by frames, sills and lintels, or similarly
proportioned modulations, only when actual doors and windows are not possible because of the building use.
(4) Consistent design mnvisible elevations
Elevations on a building that are visible from or facing a street must have a similar style and quality of materials,
windows doors, trim, decorative moldings, and wall articulation.
(5) Building construction
A principal or accessory building fronting on Elmira Road (NY 13), Floral Avenue (NY 13A), Seven Mile Drive, or
Calkins Road, must not be a prefabricated or pre-engineered metal structure.
Inlet Valley overlay district ZQZ2-1Z-O8 1 11
(6) Roof form
Buildings visible from the street should have a sloping roof.
Sloping primary rooflines (not including dormers, entry canopies, or similar accessory elements) must have a roof
pitch between 51Zand 1Z12.
Sloping roofs must have eaves that overhang walls bv�t1S'(perpendicular distance).
Roof forms must correspond to building elements and functions such as entrances, arcades, and porches. Roof
forms should relate to other buildings onthe same lot. Abui|ding may have fake dormers, gables, or other roof
projections only to hide mechanical or telecommunications equipment.
Continuous plane of any roof line must be :� 100' long.
Roofline orientation should accommodate solar panels with southern exposure that are parallel to the roofline
slope.
(7) Roof materials
These materials are allowed fora sloping root
m Architectural shingles: multi -tone.
m Wood shakes orshingles.
m Slate shingles: natural or synthetic.
m Standing seam metal or copper roofing.
m Copper or colored anodized metal roof flashing.
m Solar shingles.
(8) Cladding materials
Primary cladding materials: One ormore ofthese materials must cover G0%to 10O%ofcladding area onany
outside wall. An asterisk * identifies materials that are most appropriate for the Inlet Valley corridor.
m Brick: individual bricks, veneer, or masonry panels; integral color; nominal size � 3 units/ftz (utility size or
smaller).
m * Stone: individual stone, veneer, ormasonry panels; natural or manufactured.
m * Clapboard / lap siding: stained / painted wood' fiber cement composite.
m * Shingle / shake siding: stained / painted wood' fiber cement composite.
m * Board and batten siding: stained / painted wood' fiber cement composite.
Secondary cladding materials: 0% to 40% of the cladding area on any outside wall may use one or a combination
ofthese materials.
m Metal architectural wall panels.
m Corrugated or standing seam metal: made for architectural use.
m Precast masonry, ceramic, or cement based trim and cornice features.
m Precast concrete panels.
m Concrete masonry units (CMU): integral dye or pigment color (not "natural gray" or "cinder block" with no
integral color); decorative, textured, orsplit face.
m Stucco.
m Logs (wood)orlog siding (wood,fiber cement).
m Shingle /shake siding: vinyl.
m Board and batten siding: vinyl.
Inlet Valley overlay district ZQZ2-1Z-O8 1 12
(9) Cladding materal and building color in general
Cladding must have matte or non -reflective finish.
Building colors must be from a palette of natural earth tones, clesaturated colors, white, or shades of gray, that
complement natural surroundings. Colors with higher saturation orchroma may only be used on building trim
and accents. Buildings must not have fluorescent colors.
If building elevation has multiple faqade materials or colors, one or two materials should set a dominant
architectural theme, and others used more sparingly as accents. A building must not have a color scheme with
random distribution, a chaotic arrangement ofcontrasting materials or colors (based on established concepts of
color theory and visual harmony)' or patterns of contrasting stripes or geometric shapes.
(10) Change of cladding or color on an Outside wall
Cladding material orcolor onanoutside wall may only change:
m at an inside corner,
m at return � 2' from an outside corner,
m at horizontal plane; or
m where aprojecting featuneorpi|asterverdca|k/dividesafaqade,andseparakesthedUfenentdaddinganeas.
A sill, cap, or � 5" high trim border must define material changes on a horizontal plane.
(11) Trim
Outside walls with siding must have the following trim.
m Doors and windows: surround � 3.5^ wide
m Outside corners: 6\ corner board �t 3.5"vvide, orC?) mitered edges that align materials on each wall.
m Roof overhangs and eaves: frieze �t IS^ wide.
(12) Window and door area
Elevations of principal building (not including garage doors or bays) must have the following window and door
opening area (glazing):
m Front street fronting side, and public area -facing elevations: 15% 40% on each story
m Interior side elevations: 10% 40%on each story. Where internal arrangement oruse ofa non-residential
building makes it impossible to provide windows or doors along part of wall, a fake window may substitute
for � 50% of required transparent areas.
(13) Window and door design
Windows on a building must be relatively consistent in height and design, and consistent in design with doors on
street facing facades, to create a cohesive and harmonious fenestration pattern.
Windows and doors should have a vertical orientation. Large display windows with a horizontal orientation
should be divided into smaller vertical units or elements.
Window and door openings on a masonry clad vva|| should have a decorative or functional lintel above the
opening, that looks like itcarries the weight above.
A building must not have a storefront curtain wall system. Awindow curtain wall unit may only be on an interior
side or rear elevation.
Windows and doors must be recessed into awa|i Buildings must not have flush or surface mounted windows.
This does not apply tostorm windows ordoors.
Inlet Valley overlay district ZQZ2-1Z-O8 1 13
U/A Building entrance orientation and design
A principal commercial or industrial building, and � 2596 of the tenant spaces in a multi -tenant commercial or
industrial building, must have a public entrance with �t l of these features.
m Vertically defined bay with different cladding or fenestration than other bays.
m Integral turret, peaked roof form, tower, or (at a corner entrance) a chamfered edge.
m Architecturally integral vestibule with � 64'z6FA, projecting � 3' from the building wall
m Architecturally integral roof, portico, or porte-cochere that covers � 64'z.with support columns �t 10^vvide
m Architecturally integrated porch or landing with � 64'2 of floor area.
The main public entry ofa principal building with street frontage must face that street. A building with one
occupant or tenant sited at an intersection of two streets must face the busiest street.
(15) Formula architecture
A building or structure must not have standardized nonfunctional elements that:
m inherently associates the overall building design with a specific brand, business, chain' or corporation; or
m function as an integral sign' regardless of whether it has or doesn't have words or logos.
(16) Rooftop and building mounted equipment
Rooftop utility, HVA['and mechanical equipment, ducts, or related elements must have screening of the same
height or higher, to hide them from view. Screening must be hlopaque, and (�)integral with the building form.
(Examples: roof well, parapet wall, fake dormer, purpose-built screen or enclosure matching building colors and
materials.) A plumbing or exhaust vent, pipe, orflue that penetrates a roof must match the roof color.
VVaU mounted utility, HVA[' and mechanical equipment, duds, or related elements may only be on an interior side
or rear elevation, with siting or screening that hides those features from the street and neighboring lots as much
as possible.
(1) Grmundcover
Unsurfacedareas (surfaces with nobuildings, structures, orpavement) onadeveloped lot must have maintained
groundcover,with one ormore ofthese features.
m Turf orornamental grass.
m Perennial groundcoverplants.
m Planting beds for trees, shrubs, and flowers, with a base of mulch, granular stone, or similar nonliving material.
m Pond orwater feature.
These areas do not need maintained groundcover.
m Farm field or pasture.
m Stream setback area.
m Natural feature that normally lacks vegetation, or where maintenance is impractical. (Example: steep slope
area, rock outcrop.)
(2) Tree preservation
Mature native and adapted trees should be kept and incorporated into the site where possible.
(3) Foundation planting
Inlet Valley overlay district ZQZ2-1Z-O8 1 14
A new building or addition to an existing building must have foundation planting beds parallel to the full length
of the front street fronting side, and interior side elevations (not including building entrances and doors, and
perpendicular walkways and garage door entries).
Foundation planting area width must be:
m �t 5' next to building walls with a :� 20' eave height
m �t 10' next to building walls with a > 20' eave height.
Afoundetion planting area must include � 1 shrub with e potential � 3' mature height for every 2S'z of planting
area. A\tree with a potential � 8' mature height may substitute for a required shrub.) Shrubs may have regular
spacing, or be clustered in more naturalistic groups.
As an alternative to foundation planting, the area next to a building may be in the form of a functional pedestrian
plaza, with landscape planters or beds, modular pavers, art, fountains or water features,benches and tables,
pergolas or arbors, life-sized games, small performance spaces, or other amenities, that meet the intent of these
standards according tothe Planning Board.
(4) Parking lot landscaping
Requirements for parking lot internal and perimeter landscaping are in the next subsection (F: parking and vehicle
(1) Size and visibility ingeneral
Parking lots and driveways may only beaslarge asneeded to meet d)minimum requirements for number of
parking spaces; and (�) dimensional requirements for parking spaces, driveways and drive aisles, and internal
landscaping.
(2) Parking lot siting
Anyoff-streetparkingareasofbui|dingsfrontingonBmiraRoad(NY13)'F|ora|Avenue(NY13A).SevenK4i|e
Drive, or Calkins Road' must be in the rear or side yard.
A parking lot may only be in front of principal street -fronting building and the street if 6\ the building is pre-
e«isting' and ��the Planning Board finds that existing site conditions make siting a parking area to the side or
rear impractical or impossible. If this is this case, any parking in front of the principal building must:
m be�2O'from the public right ofway line, and
m have only one drive aisle, with asingle row ofparking.
(2) Parking surface materials
Parking lot and driveway surface must be:
m solid pavement (asphalt, concnete, similar monolithic surface);
m segmental pavers;
m open cell pavers (grass b|ocN;
m plastic grid pavers or systems; or
m asimilar pervious orimpervious material with ahard, dust -free surface.
A parking lot or driveway surface for these uses may use the materials listed above or loose aggregate (grave[
Inlet Valley overlay district ZQZ2-1Z-O8 1 15
m Agricultural oraghtouhsmuse.
m Farmer's market.
m Roadside stand.
m Plant nursery.
m Retneat/ event venue.
m Cemetery.
m Community garden.
m Park orplayground.
Any aggregate parking surface must be built in a way that prevents ponding, aggregate loss or spillage, or
trackout onto public streets.
A parking lot surface must have avisually distinct edge.
(z) Circulation
Parking lot layout must allow a vehicle to enter from and exit to the street driving forward.
A parking row with only one way in and out must have a turnaround area or space at the end.
Parking lot layout must allow service vehicles to access loading, service, or trash enclosure areas, with as little
disruption to circulation and parking space access as possible.
(5) Access management
Off-street parking may have one vehicle access point on a street frontage. A lot or building site may have an
additional access point only if the Uniform Code requires it for fire apparatus access.
Fora corner lot, vehicle access to off-street parking may only be from the secondary street, not the principal
street.
An access point must be as far from a street intersection and other curb cuts as possible.
Aone way access driveway and approach must be12' 14'vvide. Atwo way access driveway and approach must
be16' 20'wide. Access driveway corner radius where itmeets aroadway must be�15'
Continuous curb cuts or driveways, and parking lots that use afronting street asa drive aisle toaccess parking
spaces, are prohibited.
If these requirements conflict with New York State DOT access management requirements, the more restrictive
requirement applies.
(6) Lot -to -lot connection
Parking lots for non-residential uses on neighboring lots should have cross -access driveways connecting them, or
provisions for future connection. Property owners must not block cross -access connections orprovisions.
(7) Internal landscaping
A row of perking spaces must have a landscape island, � 9' wide and extending the full depth of the row, 6\ at
each end; and ��atan interval of � 10spaces or � 90' in a row.
A landscape island must have hl maintained groundcover (see E 1); and Gl � 1 deciduous tree (� 2.5" diameter at
breast height (D@H) at planting, � 30' height at maturity) for each row it is next to. Two deciduous trees with a
DBH of �t 2.0" at planting, and e potential mature height of2O' 30', may substitute for 1 taller required tree.
Inlet Valley overlay district ZQZ2-1Z-O8 1 16
(8) Perimeter landscaping and buffehng
A new or expanded parking lot must have a �t 10'vvide landscape buffer between the parking lot surface and the
side orrear lot lines.
An opaque fence, wall, berm, or hedgerow, 4' to 6' tall (T tall in the minimum principal building front setback
area), must screen a parking lot for a hotel/mote[ or commercial or industrial building or use, from any
neighboring residential lot or use.
Street facing sides of parking lot that front on a street must have plantings with an average of �t l shrub, with e
potential � 3' mature height, for every 5' of parking lot frontage.
(9) Stmrnnwater
Parking lots, driveways, and drive aisles must be built or graded in a way that prevents surface ponding, or
sediment oraggregate collection.
Parking lot landscape islands and perimeter areas must allow decentralized stormwater runoff capture and
infiltration where possible.
G. Pedestrian and bicycle facilities
(1) Pedestrian connectivity
In the |V-[ overlay zone, a principal building must have a paved �t S' wide walkway connecting its main entrance
to the public sidewalk along the fronting street, or public right ofway line if there is no sidewalk.
A parking lot must have a �t 5' wide walkway connecting it to the main entrance of the principal building.
Parking lot spaces, driveways, and drive aisles are not walkways.
(2) Bicycle parking
A use must have � 1 dedicated bicycle parking space (bike rack space, bike locker, etc.) for every 5 required
vehicle parking spaces.
H. Fences and walls
(1) Permitted fence and wall materials
A permanent fence or wall may only use these materials, in a way that is customary for fence or wall construction.
m Brick, stone, or cast brick or stone.
m Wood, or synthetic material that looks like wood.
m Hog wire, sheet orcorrugated metal with a matte or non -reflective finish, bamboo, or similar material, in a
board frame structure.
m Welded wire with vinyl coating.
m Gabion.
Chain link fencing may only be at hl an ancillary use (examples: athletic/ball field, backyard chicken area). or
Glaconstruction orshort term event site. Chain link fencing for anancillary use must have asupporting top rail,
and knuckle selvage ends.
Inlet Valley overlay district ZQZ2-1Z-O8 1 17
Afence orwall must not have:
m sharp or unfinished wires or edges.
• barbed, razor, or concertina wire (except for agricultural uses, active construction sites, or where law requires
it).
m electrification for agricultural uses.
m materials or design features that are hazardous to nearby pedestrians or residents.
Adeer fence may not beused asapermanent yard orboundary fence orwall.
(2) Finished side out
Fences should have a "good neighbor" design, where both sides look the same.
Afenceorwe||withfinishedandunfinishedsidesmusthaveitsfinishedor"good''sidefecingoutmend,tovvends
bordering lots or thoroughfares. (See Town Code § 270-223 Ag: zoning fences and walls.)
(2) Height and location
Maximum fence height is:
m Front yard, street fronting side yard: < 3'
m Rear yard, street fronting side yard behind principal building front elevation, street fronting side yard behind
principal building rear elevation: :� 6'
Outside of dear sight triangle (an area within 30' of the intersection of front and street fronting side property
lines at a street intersection, or 20' of where a driveway meets the street), these fence or wall elements may be
taller than the maximum fence or wall height
m Post pole, or another supporting member.
m Pillar orcolumn.
m Arbor atanopening orgate.
• Fences for athletic or ball fields.
(1) Siting
A loading, service, clumpster/waste collection, or outdoor stooge area may only be in a rear yard.
Dumpsters or outdoor storage may only be in a clumpster/waste collection or outdoor storage area.
Adumpster/wastecollection oroutdoor storage area may only be �l integral to a principal or accessory building,
or(�) in a separate accessory structure.
Ground mounted mechanical or utility equipment ancillary to a principal structure may only be in a b] rear yard,
or (�) interior side yard, behind the front elevation.
(2) Screening
A 6\ loading, service, dumpster/waste collection, or outdoor storage area; or Gl ground mounted mechanical or
utility equipment area, must have siting and screening that hides it from the street and any neighboring
residential uses as much as possible.
Inlet Valley overlay district ZQZ2-1Z-O8 1 18
Service, clumpster / waste collection, and outdoor storage area screening height must be 6' 8' Screening
materials should match orcomplement cladding on the principal building, but must be:
m brick orstone (real orsimu|ated/onecagU;
m split face block;
m vinyl (co-extroded �t 0150"thick);or
m wood or composite material inafull steel frame.
Gate materials must be:
m meta[
m vinyl (co-extroded �t 0150"thick);or
m wood or composite material inafull steel frame.
Screening and gates �� 0.5' above the ground must be 100% opaque.
(1) Underground utilities
All new utility lines must beunderground.
(1) Performance standards
Outdoor lighting must meet outdoor lighting performance standards in the Town outdoor lighting law (Town
Code Chapter 173)' along with the following requirements.
These requirements do not apply totemporary use of decorative lights for holidays or special events.
(2) Freestanding light height
Freestanding lighting height (ground to |uminaire) must be:
m Sports fields orcourts; outdoor stages: <25'
m Parking lot: � 18'
m All other areas: < 15'
E0 Freestanding light siting
A light pole must not block a walkway, sidewalk, or curb ramp.
(4) Faqade|ighdng
Building mounted lighting may only direct light downward.
(5) Under canopy lighting
Light fixtures on the underside of canopies, porches, orsimilar exterior roof areas must be fully recessed or flush
with the underside surface.
(6) SeCuritv|ighhng
Security lighting must bemotion activated, to limit nighttime light pollution and glare.
(7) Lighting style
Light poles and fixture style should be consistent with style and period of architecture on the site.
Inlet Valley overlay district ZQZ2-1Z-O8 1 19
Sconces or gooseneck lighting fixtures may be used to illuminate areas near building walls, directing light
downward against the building wall and areas next tothe wall.
VVaU packs may only be used as security lighting on the rear wall of building. VVa|| packs must not provide
general building orsite lighting.
Light poles must have a distinctive base, middle and top. Cobra head lights and bare metal light poles are not
allowed.
Exposed concrete from concrete form (sonotube) bases may only be � l' above grade.
(8) Color temperature
Outdoor lighting color temperature must be � 3000K (warm white).
This does not apply to:
m Decorative lighting using � 25 lumen lights.
m Non -fixed or temporary lights.
0 Sports fields or courts.
(1) General requirements
Zoning Code regulations for signs in the base zone apply in the Inlet Valley overlay district. (See Chapter 27O
Article XX|X:Signsj In an overlay zone, special requirements for attached and freestanding signs in this
subsection also apply.
(2) Freestanding sign special requirements
Height Where Zoning Code regulations for signs allow a freestanding sign height of � 5'.the maximum
freestanding sign height inanoverlay zone is 6'for asign for asingle tenant, and 8'for amulti-tenant sign.
(See Chapter 270Article XK|XSignsj
Setback: Freestanding sign setback must be �t 5' from the public right-of-way edge,
Any freestanding sign must be outside of dear sight triangle area formed by:
m lines following intersecting public right of way lines for 30' from their intersection; or
m lines following a public right of way line, and a driveway edge or alley right-of-way line, for 15' from their
intersection.
Face area
Maximum single tenant freestanding sign face area is 3212 in areas where Zoning Code sign regulations would
normally allow a face area that is �t 32 hz'
Maximum mu|titenentfreestanding sign face area is SO'z in areas where Zoning Code sign regulations would
normally allow a face area that is �t 50ft2
'
Sign structure
AfreesLanding sign base should use natural materials, or materials that complement the main principal building
onthe site.
Sign base and frame colors must be from a palette ofmuted colors in this K4unse|| color system range.
Inlet Valley overlay district ZQZ2-1Z-O8 1 20
m Hue: red, wel|ow-ned,yellow, green-yeUow, gxser\ b|ue-gneen blue, purple -blue
m Value: 3/to 10/
m Chvoma:/Oto/6
(3) Building mounted sign special requirements
Building mounted signs include wall signs, canopy signs, awning signs, projecting signs, and window signs.
Sign area: Maximum building mounted sign area is [50%] of the default maximum sign area for the base zone.
Coordinated design for multi -tenant buildings: A multi -tenant building must have coordinated sign plan, with
standards that ensure a consistent theme and visual harmony for all attached signs. Planning staff will determine
if sign plan meets this requirement.
(4) Sign legibility
Sign faces should be simple, undutteved, and easily readable.
(5) Sign design: lighting
Sign lighting may only use hlinternally illuminated orbacklit letters orlogos; orGlexterior fixtures mounted
above the sign
Sign lighting fixtures must be fully shielded, with the bulb not visible from a street or sidewalk.
Sign lighting must meet outdoor lighting performance standards in the Town outdoor lighting law (Town Code
Chapter 173). Sign lighting color temperature must be � 3000K (warm white).
(6) VVavfnding signs and kiosks
A group of property or business owners who want to start wavfinding program in the Inlet Valley overlay district
may request a wayfincling plan and signage program, in coordination with the Town Board. VVavfindingsigns and
structures must follow a Town Board -approved design scheme, template, or pattern book that meets the spirit
and intent ofthe Inlet Valley overlay district design standards.
(7) Additional prohibited signs
These types of signs are prohibited in the Inlet Valley overlay district in addition to prohibited signs in Chapter
270Article XX|X
m Light box orsign cabinet signs.
m Signs ondome, waterfall, bu||nose.and bubble style awnings.
(8) Nonconforming signs
Pre-existing commercial signs that do not comply with this section must be removed, or renovated or replaced to
comply, bvDecember 31'2O3O.
Inlet Valley overlay district ZQZ2-1Z-O8 1 21
Aerial Photo 2015
Map produced by Town of Ithaca Inlet Valley Proposed Overlay District Zones N
Planning Dept 11/7/22 & Existina Base Zoning Districts
0 400 800 1,600 W
Feet
Item 6
MEETING OF THE ITHACA TOWN BOARD
December 28, 2022
TB Resolution 2022 — : Appointment of Director of Planning
Whereas, Susan Ritter, Director of Planning, will be retiring effective January 28, 2023; and
Whereas, the interview committee comprised of Supervisor Howe, Town Councilperson. DePaolo,
Greg Lindquist, Planning Board member and Rob Steuteville, Planning Consultant, interviewed
five candidates for the position, and finalist interviews also included meeting with the Planning
Staff and Department Heads team; and
Whereas, the Committee determined that Carrie Julia (C.J.) Randall possessed the necessary
knowledge and skills to satisfactorily perform the duties of the Director of Planning and make the
recommendation of appointment; now, therefore, be it
Resolved, the Town Board of the Town of Ithaca does hereby appoint C.J. Randall as Director of
Planning, effective January 17, 2023; and be it further
Resolved, that this will be a full-time salaried position based on 40 hours per week, at an annual
salary of $105,435, in Job Classification "S", with full time benefits from account B8020.100; and
be it further
Resolved, C.J. Randall will be required to complete a twenty-six (26) week probationary period
associated with this title, with no further action by the Town Board if there is successful completion
of the probationary period as determined by the Town Supervisor.
Moved: Seconded:
Vote:
Item 7
MEETING OF THE ITHACA TOWN BOARD
Wednesday, December 28, 2022
TB Resolution 2022- : Recognition of Liebe Meier Swain's Dedicated Years of Service
Whereas, Liebe Meier Swain has served the Town of Ithaca with dedication for nearly eight years;
and
Whereas, Liebe was appointed to the Planning Board on March 10, 2015, and has demonstrated
diligence throughout her appointment; and
Whereas, Liebe brought fairness and consistency while serving as chair of the Planning Board
from January 1, 2021 through December 21, 2022; and
Whereas, the Town of Ithaca is grateful for Liebe's service as an active, participating member of
the Planning Board; and has greatly benefited from her considerate review of Planning Board
projects and documents, and her desire to serve our municipality; and
Whereas, the Town of Ithaca is indebted to Liebe for her invaluable contributions to the
community; now, therefore, be it
Resolved that on this 28th day of December 2022, the Town Board of the Town of Ithaca, on behalf
of the Town and its residents, expresses its sincere appreciation and gratitude to Liebe Meier Swain
for her dedicated service to our community.
Moved:
Vote: Ayes -
Seconded:
Item 8
MEETING OF THE ITHACA TOWN BOARD
December 28, 2022
TB Resolution 2022 - : Consent Agenda
Resolved the Town Board approves/adopts the following:
a. Town Board Minutes
b. Town of Ithaca Abstract
c. Referral of draft Inlet Valley Overlay District local law to the Planning Board
d. Ratify appointment of Electrical Mechanical Technician at SCLIWC.
Moved: Seconded:
Vote: ayes —
TB Resolution 2022 - a: Approval of Town Board Minutes
Resolved that the Town Board approves the minutes of August 22, 2022, with non- substantive
changes made if needed.
TB Resolution 2022 - d: Referral of the draft Inlet Valley Overlay District to the Town of
Ithaca Planning Board for review and recommendation
Resolved that the Town Board has reviewed the draft Inlet Valley Overlay District and hereby
refers the document to the Town of Ithaca Planning Board for review and recommendation.
TB Resolution 2022 - e: Ratify Appointment of Electrical Mechanical Technician at
SCLIWC.
Whereas, the Southern Cayuga Lake Intermunicipal Water Commission on December 8, 2022
appointed Brian Janik to the title of Electrical Mechanical Technician, effective, January 3, 2023;
now, therefore be it
Resolved, the Town Board of the Town of Ithaca does hereby ratify SCLIWC's appointment of
Brian Janik to the title of Electrical Mechanical. Technician, effective, January 3, 2023, at the
hourly wage of $23.67, in Job Classification 513, with full time benefits.