HomeMy WebLinkAboutLL 02 of 2011 Limited Historic Coml Zone TOWN OF ITHACA
LOCAL LAW NO. 2 OF THE YEAR 2011
A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE,
TITLED ZONING, TO ADD ARTICLE XVIII-A, TITLED
"LIMITED HISTORIC COMMERCIAL ZONES"
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270 of the Town of Ithaca Code, titled"Zoning", is amended by
adding Article XVIII-A, titled"Limited Historic Commercial Zones," as follows:
"ARTICLE XVIII-A
Limited Historic Commercial Zones
§ 270-142.2. Purpose.
§ 270-142.3 Eligibility and reversion.
§ 270-142.4 Permitted principal uses.
§ 270-142.5 Principal uses authorized by special permit only.
§ 270-142.6 Permitted accessory uses and structures.
§ 270-142.7 Yard regulations.
§ 270-142.8 Additional special requirements.
§ 270-142.2. Purpose.
The purpose of the Limited Historic Commercial Zone is to promote the preservation,
protection, and enhancement of significant historic resources in the Town of Ithaca by
allowing a wide range of re-use and redevelopment options, while also ensuring the
compatibility of redeveloped historic properties with neighboring residential and other
uses. In particular, one of the purposes of the Limited Historic Commercial Zone is to
facilitate preservation and protection of historically significant residential buildings by
authorizing uses that will provide a wide range of opportunities for making such
preservation and protection financially feasible.
§ 270-142.3. Eligibility and reversion.
A. The Town Board may rezone areas to Limited Historic Commercial upon
application for a specific proposal in accordance with the rezoning procedures in
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Article XXII, Procedures for Creation of New Zones. Such rezoning shall lie in
the sole discretion of the Town Board, as a legislative body. No owner of land or
other person having an interest in land shall be entitled as a matter of right to have
the land rezoned. Such rezoning will be considered only for (1) buildings or
structures that are listed on the New York State and/or National Registers of
Historic Places, or (2) buildings or structures that have been determined to be
eligible for listing on said Registers of Historic Places; or (3) buildings or
structures that have been identified as potentially significant in the Town of Ithaca
Historic Resources Survey (Final Report for the Intensive Level Survey,
September 2005, as it may be revised or updated from time to time).
B. The Town Board may, in its legislative discretion, rezone a property to Limited
Historic Commercial, provided it makes the following findings regarding the
application:
(1) The buildings or structures meet one or more of the criteria in subsection
A above; and
(2) The application serves to implement the legislative intent and purposes set
forth in this article.
C. Once rezoned, the Limited Historic Commercial Zone designation shall remain in
effect as long as the buildings or structures for which the historic designation was
given remain on the site in reasonably good condition so as to preserve exterior
architectural features (including but not limited to exterior walls, roofs, windows,
eaves, door surrounds, foundations and exterior chimneys), and in addition their
exteriors are maintained in a manner that preserves their historic integrity. If the
Town Board after a public hearing determines that the buildings or structures are
not in reasonably good condition or the exteriors are not being maintained in a
manner that preserves their historic integrity, then the Town Board shall
undertake the appropriate procedures to remove the property from the Limited
Historic Commercial Zone and rezone the property to the zoning designation in
effect immediately prior to the creation of the Limited Historic Commercial Zone,
unless in the interim there has been a general rezoning of the area surrounding the
property, in which event the Town Board shall rezone the property to the same
zoning as then in effect along a majority of the perimeter of the property.
D. If the historic buildings or structures are demolished, or if the historic buildings or
structures are destroyed in whole or part by any means so that the destruction
exceeds 50% of the assessed values of the buildings or structures in effect
immediately prior to the destruction, the zoning for the property shall
automatically revert to the zoning designation in effect immediately prior to the
creation of the Limited Historic Commercial Zone, unless in the interim there has
been a general rezoning of the area surrounding the property, in which event the
zoning shall revert to the same zoning as then in effect along a majority of the
perimeter of the property.
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E. If at the time of creation of a Limited Historic Commercial Zone the historic
buildings or structures in the zone are listed, or are eligible for listing, on the New
York State and/or National Registers of Historic Places, and they subsequently are
no longer listed or lose their eligibility for listing, the zoning for the property shall
automatically revert to the zoning designation in effect immediately prior to the
creation of the Limited Historic Commercial Zone, unless in the interim there has
been a general rezoning of the area surrounding the property, in which event the
zoning shall revert to the same zoning as then in effect along a majority of the
perimeter of the property.
F. Notwithstanding anything to the contrary in this chapter, if a property is rezoned
pursuant to subsection C above or the zoning for the property automatically
reverts as provided in subsections D or E above, then any existing use that had
been permitted pursuant to this section but is not permitted as a result of the
rezoning or reversion shall terminate by no later than one year from the date of
the rezoning or reversion. Such nonconforming use may be extended upon
application within the one-year period for a special approval for such extension
from the Board of Appeals. Such approval shall not be granted unless the
applicant establishes and the Board of Appeals finds that, notwithstanding the
one-year period for amortizing the nonconforming use, termination of the
nonconforming use would cause serious financial harm to the property owner not
balanced or justified by the advantage to the public accruing from the cessation of
such use. In making this determination the Board shall consider, among other
factors (including the factors set forth elsewhere in this chapter relating to the
issuance of special permits or approvals), i) the nature of the nonconforming use;
ii) the cost of converting to a conforming use; iii) the amount of the applicant's
investment in improvements erected on the property that existed on the date of the
zoning change or reversion; iv) the condition of such improvements; v) the
detriment caused by the nonconforming use; vi) the character of the
neighborhood; (vii) the depreciation of buildings and other fixed capital
improvements taken for income tax purposes; (viii) the detriment to the property
owner caused by the cessation of the use; and ix) whether an additional
reasonable amount of time is needed by the owner to amortize any substantial and
unrecovered costs associated with the nonconforming use. In making its
determination the Board shall disregard, as irrelevant, any costs incurred after the
rezoning or reversion for purchase of a nonconforming building, property or use
or costs to repair, maintain, improve or enlarge a nonconforming building,
property or use. If the extension is granted, the Board of Appeals shall set a fixed
additional period for the extension of time before the nonconforming use must be
terminated.
§ 270-142.4. Permitted principal uses.
Only the following buildings, structures or uses are permitted as a matter of right in a
Limited Historic Commercial Zone:
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A. A one-family dwelling to be occupied by no more than:
(1) One family, or
(2) One family plus no more than one boarder, roomer, lodger, or other
occupant.
B. A two-family dwelling, provided that each dwelling unit is occupied by no more
than one family.
C. Publicly owned park or playground including accessory buildings and structures
and improvements.
§ 270-142.5. Principal uses authorized by special permit only.
The following uses are permitted in a Limited Historic Commercial Zone, but only upon
receipt of a special permit for same from the Planning Board in accordance with the
procedures set forth in this chapter:
A. Clubhouse, lodge, community center.
B. Mixed use commercial and residential, provided the commercial use is a use that
would be permitted in the Limited Historic Commercial Zone if it were not in a
mixed use facility.
C. Bed-and-breakfast.
D. Churches or other places of worship.
E. Public, parochial and private schools, public library, public museum, nursery
school, and any institution of higher learning.
F. Visitor center for tourists.
G. The following retail uses provided that the interior floor area is 4,000 square feet
or less:
(1) Retail food store/grocery.
(2) Retail sales of candy, ice cream, gifts, flowers, and similar small items.
(3) Arts and crafts gallery/studio.
(4) Photography store/studio.
(5) Drugstore/pharmacy.
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(6) Florist.
(7) Bakery.
(8) Bookstore or newsstand.
(9) Antique sales and repair.
(10) Jewelry sales, design and repair.
(11) Musical instrument sales and repair.
H. The following personal service and office uses provided that the interior floor area
is 4,000 square feet or less:
(1) Bank or other financial institution.
(2) Barbershop or beauty parlor.
(3) Restaurant or coffee shop.
(4) Caterer.
(5) Optician.
(6) Interior decorator.
(7) Repair shops where goods are repaired by hand using hand tools or small-
scale equipment,but excluding vehicle repair garages.
(8) Tailor or dress maker/designer.
(9) Massage therapy.
(10) Picture framing.
(11) Business, medical, dental, professional, or government office, but
excluding a medical or dental clinic.
I. Any other lawful use, not otherwise specifically referred to in this article, that the
Planning Board finds is substantially similar to any of the uses listed in
subsections G or H above and does not have greater adverse effects upon traffic,
noise, air quality, parking, or any other reasonably relevant attribute, than a use
listed in subsections G or H.
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§ 270-142.6. Permitted accessory uses and structures.
In addition to accessory buildings, structures and uses authorized in all Commercial
Zones, the following accessory buildings, structures and uses are permitted as of right in
a Limited Historic Commercial Zone:
A. Up to three accessory buildings other than a garage, all such accessory buildings
in the aggregate not to exceed a total of 600 square feet in size unless the lot is
three acres or larger, in which event the aggregate area of the accessory buildings
may not exceed 2,000 square feet.
B. Adult day-care facilities serving no more than four clients at any one time.
§ 270-142.7. Yard regulations.
In Limited Historic Commercial Zones, yards of at least the following dimensions are
required:
A. Front yard: Not less than the average depth of the front yards of buildings on lots
immediately adjacent. However, the front yard depth shall not be less than 15 feet
nor need it be greater than 25 feet.
B. Rear yard: Not less than 15 feet in depth.
C. Side yards: None required with respect to buildings all on the same lot, but not
less than 15 feet from any structure to a side property line, except that in one of
the side yards a one-story garage, either attached to the principal building or
separate therefrom, may be 10 feet from a side line which is not a street line.
D. Accessory buildings: Accessory buildings other than garages may not occupy any
open space other than a rear yard. Accessory buildings, in the aggregate, may
occupy not more than 40% of any required rear yard and, if other than a garage,
shall be not less than three feet from any side or rear lot line. Any accessory
building on a corner lot shall not be less than five feet from the rear lot line.
§ 270-142.8. Additional special requirements.
In addition to the additional special requirements in § 270-122, the following additional
special requirements shall also apply in the Limited Historic Commercial Zone:
A. Where the requirements in this Article conflict with requirements in other sections
of this Chapter, the requirements in this Article shall prevail in their applicability
to a Limited Historic Commercial Zone.
B. Building conversions, alterations, additions, reconstructions, repairs, signs, and
other site elements shall be compatible with the historic and architectural
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character of the buildings or structures that have been designated or identified as
having historic significance as outlined in Section 270-142.3 of this Article. This
requirement shall apply to the exteriors of buildings, structures and site elements,
not to their interiors."
Section 2. If any provision of this local law is found invalid by any court of competent
jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall
remain in full force and effect.
Section 3. This local law shall take effect upon publication of the local law or an
abstract of same in the official newspaper of the Town, or upon its filing with the New York
Secretary of State, whichever is the last to occur.
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