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INSTRUCTIONS
Town of Ithaca Code Supplement No.6
The enclosed new and/or replacement pages should be placed in your Code volume immedi-
ately! The dateline, on the bottom of the page, does not indicate the adoption date of the Code
changes,but rather identifies the pages printed with this supplement. This instruction page should
be placed in the front of your Code volume.
REMOVE INSERT
Table of Contents, Table of Contents,
v—viii v—viii
18:1 — 18:2
230:1 —230:2 230:1 —230:2
230:5 230:5
239:1 —239:2 239:1—239:2
239:2.1
239:5 239:5—239:8
270:15—270:16 270:15—270:16
270:16.1
DL:1 —DL:2 DL:1 —DL:2
Index Pages 1 —22 Index Pages 1 —22
Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 1-2006; 3-
2006;4-2006; 5-2006; 6-2006.
05-I-_V%
TABLE OF CONTENTS
Tools for Finding Information—In addition to the municipality's legislation, this publi-
cation contains tools to help locate information: table of contents, index, chapter outlines
(schemes), and a disposition list.
Chapters—Chapters are generally discrete pieces of legislation, but can also be made up
of several individual pieces on a related topic. In that case, the individual pieces are ar-
ranged into articles or parts within the chapter. The article or part titles can be found in
the chapter scheme or by subject in the index. If you are familiar with a former number or
title,look for it chronologically in the disposition list.
Reserved Chapters—In the numbering of chapters, space has been provided for the
convenient insertion, alphabetically, of later enactments. Help in selecting an appropriate
number for a new chapter is available from the editor. See also the "Instructions for
Amending the Code" in the Preface.
Section Numbering—A chapter-related section-numbering system is employed. Each
section of every item of legislation is assigned a number, which indicates both the num-
ber of the chapter in which the item of legislation is located and the location of the sec-
tion within that chapter. Thus, the fourth section of Chapter 6 is § 6-4.
Scheme—The scheme is the list of section titles that precedes the text of each chapter.
These titles are carefully written so that, taken together, they may be considered as a
summary of the content of the chapter. Taken separately, each describes the content of a
particular section. For ease and precision of reference, the scheme titles are repeated as
section headings in the text.
Page Numbers—A unique page-numbering system has been used in which each cha-+mer
forms an autonomous unit. The first page of each chapter is the number of that chapter
followed by a colon and the numeral"1."Thus, Chapter 6 begins on page 6:1. By me use
of this system, it is possible to add or to change pages in any chapter, or add nevi chap-
ters, without affecting the sequence of subsequent pages.
v 05-15-2006
ITHACA CODE
PART I: ADMINISTRATIVE LEGISLATION
GeneralProvisions.................................................._................... 1:1
Article I—Adoption of Code
Appearance Tickets...................................................................... 9:1
Banking Transactions................................................................. 14:1
Citizen and Staff Advisory Committees.................................... 18:1
Compensation............................................................................ 20:1
Article I—Planning Board and Zoning Board of Appeals
Conservation Board ...................................................................23:1
Defense and Indemnification.....................................................28:1
Ethics, Code of........................................................................... 32:1
Health Insurance........................................................................41:1
Ordinances, Publication of......................................................... 54:1
Public Works Department.......................................................... 59:1
Records Management................................................................. 65:1
Relocation Expenses.................................................................. 69:1
Residency Requirements.....................................................
Termsof Office.......................................................................... 84:1
Article I—Supervisor
TownBoard ............................................................................... 89:1
PART H: GENERAL LEGISLATION
AdultUses................................................................................ 100:1
Agricultural Assessments..................................................... 104.1
Animals.................................................................................... 112:1
Article I—Dog Control and Licensing
Bingo........................................................................................ 121:1
vi 05-15-2006
TABLE OF CONTENTS
Building Construction and Fire Prevention............................. 125:1
Buildings, Unsafe.................................
Environmental Quality Review................................................ 148:1
Fees.......................................................................................... 153:1
Flood Damage Prevention.......__........................................... 157:1
Freshwater Wetlands..................._...................................... 161:1
Gamesof Chance................................._................................... 166:1
LockBoxes.............................................................................. 175:1
Noise......................................................-................................. 184:1
Notification of Defects............................................................. 188:1
Numbering of Buildings ........................._............................... 192:1
Parks and Recreation Areas..................................................... 200:1
Property Maintenance.............................................................. 205:1
SewerRents ............................................................................. 210:1
Sewer Use: Use of Public Sewers............................................ 214:1
Sewer Use: Rules, Regulations & Penalties of Board of
Public Works, City of Ithaca, NY, Re: Water Supply,
Sewage Disposal &Air Conditioning ..................................215:1
Sewer Use: Requirements for Contributors Into Joint
POTW...................................................................................216:1
Sewer Use: Administration and Amendments......................... 217:1
Signs.........................................................................................221:1
Sprinkler Systems.................................................................... 225:1
Streets and Sidewalks.............................................................. 230:1
Article I—Excavations in Town Streets and Highways
Article II—Construction and Repair of Sidewalks
Article III—Hanshaw Road Walkway
Subdivision of Land.................................................................234:1
vii 05-15-2006
ITHACA CODE
Taxation................................................................................... 239:1
Article I—Senior Citizens Exemption
Article II—Alternative Veterans Exemption
Article III—Business Investment Exemption
Article IV—Exemption for Certain Disabled Persons With Limited
Income
Article V—Exemption for Improvements to Property Made Pursuant
to Americans with Disabilities Act
Article VI—Historic Barn Exemption
Taxicabs................................................................................... 243:1
Vehicles and Traffic................................................................. 250:1
Article I—East Hills Shopping Plaza
Article II—Vehicle Weight Limits
Article III—Parking;Stop and Yield Intersections
Watercraft................................................................................254:1
Water Protection......................................................................256:1
Part 1—Cross-Connection Control
Part 2—Supplementary Cross-Connection Control
WaterRates.............................................................................. 261:1
Zoning...................................................................................... 270:1
Zoning: Special Land Use Districts......................................... 271:1
APPENDIX
DISPOSITION LIST
INDEX
Viii 05-15-2006
Chapter 18
CITIZEN AND STAFF ADVISORY COMMITTEES
§ 18-1.Legislative authority. § 18-6.Authority of citizen advisory
§ 18-2. Supercession of Town Law. committees.
§ 18-3. Creation and appointment of § 18-7. Compensation.
citizen advisory committees. § 18-8. Staff advisory committees.
§ 18-4.Members of citizen advisory § 18-9.Inapplicability of chapter to other
committees. committees, boards and
§ 18-5.Terms of citizen advisory appointments.
committee members; removal.
[HISTORY: Adopted by the Town Board of the Town of Ithaca 3-13-2006 by L.L. No.
6-2006.Amendments noted where applicable.]
§ 18-1. Legislative authority.
This chapter is adopted pursuant to § 10, Subdivision 1(ii)d(3), of the Municipal Home Rule
Law of the State of New York.
§ 18-2. Supercession of Town Law.
This chapter supercedes §63 of the Town Law of the State of New York to the extent the
provisions of§ 63 regarding committees are inconsistent with this chapter.
§ 18-3. Creation and appointment of citizen advisory committees.
The Town Board may, from time to time, create and appoint one or more citizen advisory
committees to aid and assist the Town.
§ 184. Members of citizen advisory committees.
The citizen advisory committees so created and appointed shall consist of persons who are not
members of the Town Board, or persons not members of the Town Board together with Town
Board members. Without limiting the foregoing, the Town Board may appoint persons who
are serving as Town staff to be members of any such citizen advisory committee.
§ 18-5. Terms of citizen advisory committee members; removal.
Citizen advisory committee members shall serve at the pleasure of the Town Board and may
be removed by the Town Board at any time, with or without cause.
18:1 05-15-2006
§ 18-6 ITHACA CODE § 18-9
§ 18-6. Authority of citizen advisory committees.
The duties of all citizen advisory committees shall be as stated from time to time by the Town
Board. Notwithstanding the foregoing, all citizen advisory committees shall be advisory in
nature, and while they may make recommendations on various matters, no such
recommendation shall be binding on the Town Board, Town Board committees, or other
boards of the Town.
§ 18-7. Compensation.
Citizen advisory committee members shall serve v:i-_�-out compensation, except the Town
Board may authorize committee members to be rzi-abursed for out-of-pocket expenses
incurred by members in the course of performing their dues, provided such reimbursement is
consistent with policies for reimbursement of expenses applicable generally to employees of
the Town and appropriation for such expenses are made by the Town Board.
§ 18-8. Staff advisory committees.
The Town Board may from time to time create staff advisory Committees, consisting primarily
of Town staff members, to assist the Town. Town Board members may serve on staff
advisory committees. The Town Supervisor shall appoint th-- members of the staff advisory
committees, and they shall serve at the pleasure of the Town Supervisor and may be removed
by the Town Supervisor at any time, with or without cause. The provisions of §§ 18-6 and
18-7 above regarding authority and compensation, respectively, shall apply to staff advisory
committees.
§ 18-9. Inapplicability of chapter to other committees, boards and appointments.
The foregoing provisions of this chapter shall not apply to the following:
A. Town Board committees, consisting of Town Board members, which the Town
Supervisor has sole discretion to create and appoint to aid and assist the Town Board in
the performance of its duties.
B. Boards and committees established by other local laws or ordinances, including but not
limited to the Planning Board, Zoning Board of Appeals, Conservation Board, Ethics
Board, and Records Management Advisory Board.
C. Appointments of representatives of the Town to joint boards or joint committees that
have been created by agreement with other municipalities or other governmental
agencies. Appointments of Town representatives to such joint boards or joint committees
shall be made in accordance with the provisions of the respective agreements creating
such joint boards or committees and, in the absence of any specific provision governing
appointment, shall be made by the Town Board. Such appointments include, but are not
limited to, appointments of the Southern Cayuga Lake Intermunicipal Water
Commission, and the City of Ithaca-Town of Ithaca-Town of Dryden Special Joint
Committee related to the Ithaca Area Wastewater Treatment Facility.
18:2 05-15-2006
Chapter 230
STREETS AND SIDEWALKS
ARTICLE I §230-8. Duty to construct and maintain
Excavations in Town Streets and sidewalks.
Highways §230-9. Applicability.
§230-1. Permit required. ARTICLE III
§230-2. Deposit or security required. Hanshaw Road Walkway
§230-3. Performance of work.
§230-4. Penalties for offenses. §230-10. Ownership,maintenance and
liability.
ARTICLE II Exhibit A, Sidewalk
Construction and Repair of Sidewalks Specifications for the Town of
Ithaca
§230-5. Title; statutory authority.
§230-6. Construction of sidewalks.
§230-7. Maintenance of sidewalks.
[HISTORY: Adopted by the Town Board of the Town of Ithaca as indicated in article
histories.Amendments noted where applicable.]
GENERAL REFERENCES
Notification of defects—See Ch.188. Property maintenance—See Ch.205.
Numbering of buildings—See Ch.192. Traffic—See Ch.250.
ARTICLE I
Excavations in Town Streets and Highways
[Adopted 7-12-1965 by L.L. No. 2-1965]
§230-1. Permit required.
No person, firm or corporation, hereinafter referred to as the "permittee," shall make an
excavation within the limits of any Town street or highway or other public place or under any
sidewalk, all hereinafter referred to as "street" or "highway," in the Town of Ithaca without
obtaining a written permit therefor issued by the Town Board or such employee, officer,
person or agency as shall be designated by the Board. The application for this permit shall
include such drawings, sketches and other information as the issuing agent may require
including, among other things, the date or dates within which work is to be performed.
§230-2. Deposit or security required.
No such permit shall be issued unless and until the person applying for the same:
230:1 05-15-2006
§ 230-2 ITHACA CODE § 230-3
A. Has filed with the Town Clerk satisfactory proof of adequate insurance indemnifying or
holding harmless the Town of Ithaca, as the insured, from all claims for injuries to
persons or property that the Town may be liable for by reason of such excavation.
B. Has furnished satisfactory proof that the work shall be done by a person, firm or
corporation competent to perform the same.
C. Has executed an instrument, in form satisfactory to the Board that he assumes all
responsibility for any damage to persons or property which may result or arise from any
work performed pursuant to the permit, and further agrees that all work shall be
performed in accordance with the conditions of the permit and all applicable laws, rules
and regulations and further agrees that the Town is to be saved harmless from any loss,
injury or damage arising out of the granting of the permit or as a result of any
negligence, fault or act of the permittee, his contractors, servants or agents in connection
with the work to be performed.
D. Has deposited a sum of at least $300 in cash or certified check payable to the Town as
security for the proper performance of the work and the replacement, repair and
restorations of the street or highway in such condition and manner as may be reasonably
required by the Town Superintendent. If the proposed construction at any time exceeds
the sum of $500, by applicant's estimate, to the satisfaction of the Town Highway
Superintendent, a performance bond of a type and in an amount specified by the Town
Board may be required. Upon the filing with the Town Clerk of a certificate of the Town
Highway Superintendent that the work has been performed in a satisfactory manner and
the street or highway has been replaced or repaired as required by him, and all charges,
expenses and damages have been paid by the applicant, any deposit shall be refunded to
the permittee, provided that the permittee has otherwise complied with this article, and
all rules, orders and regulations issued thereunder; otherwise the said deposit, or so much
thereof as shall be necessary, may be applied by the Town to the cost of repairing or
replacing the street or highway in proper and safe condition for public travel, or to such
other expenses and liabilities as the Town may have incurred or be liable for. [Amended
12-31-1986 by L.L. No. 7-19861
§230-3. Performance of work.
A. All such excavations and all other work in connection therewith shall be completed with
all possible dispatch and within such time and in such manner as the Town Highway
Superintendent shall require.
B. During the performance of the work, at least 1/2 of the street or highway shall be kept
open for travel.
C. The permittee shall erect such safeguards and barriers, and shall cause the same to be
adequately marked by such lights and other warning devices from sundown to sunrise as
the Town Highway Superintendent shall require.
D. Any permit may be revoked by the Town Superintendent or such other person designated
by the Town Board upon two days'notice in writing should the permittee fail to comply
with any of the terms, agreements or conditions thereof unless otherwise designated.
230:2 05-15-2006
§ 230-8 STREETS AND SIDEWALKS § 230-10
G. If such expense be assessed as a whole and the Town Board resolution assessing such
expense against a particular piece of property shall so provide, the assessment against
such property may be paid in five or fewer annual installments on the dates fixed by such
resolution with interest, not exceeding 6% of each such installment, fixed by such
resolution.
H. Notwithstanding the foregoing, the Town Board may adopt a local law apportioning the
expense of building, relaying or repairing any sidewalk within such Town between the
Town and owners of the respective lots and parcels of land abutting any street or county
or state highway within the Town along which it is desired that sidewalks be built, relaid
or repaired.
§230-9. Applicability.
This article shall apply to all property in the Town of Ithaca outside the limits of the
incorporated Village of Cayuga Heights.
ARTICLE III
Hanshaw Road Walkway
[Adopted 3-13-2006 by L.L. No.5-20061
§230-10. Ownership,maintenance and liability.
If a Town-sponsored walkway is built along part or all of Hanshaw Road within the Town of
Ithaca, the Town will assume ownership and maintenance responsibilities for said walkway
within the Town, and the Town will further assume liability for its negligent acts and
omissions related to defects in, or snow or ice upon, said walkway within the Town; provided,
however, that nothing in this section shall be deemed to dispense with the requirement of
advance written notice to the Town of the defect or the existence of snow or ice thereon, or
with the requirement that the Town have the opportunity to repair or remove the same within
a reasonable time after receipt of such notice, as set forth in Town Law § 65-a, as conditions
precedent to liability?
2. Editor's Note:See Ch.188,Notification of Defects.
230:5 05-15-2006
Chapter 239
TAXATION
ARTICLE I §239-12.Grant of exemption; conditions.
Senior Citizens Exemption §249-13.Application for exemption.
§239-1. Statutory authority. §239-14.Penalties for offenses.
§239-2. Grant of exemption. §239-15. When effective.
§239-3. Application for exemption. ARTICLE V
§239-4. Penalties for offenses. Exemption for Improvements to Property
§239-5. When effective. Made Pursuant to Americans with
Disabilities Act
ARTICLE II
Alternative Veterans Exemption §239-16. Statutory authority.
§239-17. Grant of exemption; conditions.
§239-6. Repeal of opt-out. §239-18. Application for exemption.
§239-7. Maximum exemption granted. §239-19.Applicability.
ARTICLE III ARTICLE VI
Business Investment Exemption Historic Barn Exemption
§239-8. Reduction in exemption. §239-20.Statutory authority.
§239-9. Effect on current projects. §239-21. Grant of exemption; conditions.
§239-10. When effective. §239-22. Application for exemption.
ARTICLE IV §239-23. Applicability.
Exemption for Certain Disabled Persons
With Limited Incomes
§239-11. Statutory authority.
[HISTORY: Adopted by the Town Board of the Town of Ithaca as indicated in article
histories. Amendments noted where applicable.]
ARTICLE I
Senior Citizens Exemption
[Adopted 3-8-1971 by L.L. No. 1-1971; last amended 2-9-2004 by L.L. No. 1-20041
§239-1. Statutory authority.
This article is enacted pursuant to §467 of the Real Property Tax Law of the State of New
York as amended through Chapter 512 of the Laws of 2003.
239:1 05- is-X"
§ 239-2 ITHACA CODE § 239-3
§239-2. Grant of exemption.
A. Pursuant to the provisions of §467 of the Real Property Tax Law of the State of New
York, real property located in the Town of Ithaca, owned by one or more persons, each
of whom is 65 years of age or over, or real property owned by husband and wife, one of
whom is 65 years of age or over, shall be partially exempt from taxation by said Town
for the applicable taxes specified in said §467 based upon the income of the owner or
combined incomes of the owners. A person otherwise qualifying for such exemption
shall not be denied such exemption if such person becomes 65 years of age after the
appropriate taxable status date and before December 31 of the same year. Such partial
exemption shall be to the extent set forth in the schedule following:
Annual Income of Owner or Combined Annual Percentage Assessed Valuation
Income of Owners Exempt From Taxation
Up to and including $24,000 50%
More than $24,000 but less than $25,000 45%
$25,000 or more but less than $26,000 40%
$26,000 or more but less than $27,000 35%
$27,000 or more but less than $27,900 30%
$27,900 or more but less than $28,800 25%
$28,800 or more but less than $29,700 20%
$29,700 or more but less than $30,600 15%
$30,600 or more but less than $31,500 10%
$31,500 or more but less than $32,400 5%
B. This partial exemption provided by this article shall, however, be limited to such
property and persons as meet the conditions, qualification, exclusions and limitations set
forth in §467 of the Real Property Tax Law of the State of New York. This article shall
be administered in accordance with said section of the Real Property Tax Law as now
adopted and as it may be amended from time to time, and the provisions of said section
shall be applicable to the effectuation of the exemption provided for in this article.
§239-3. Application for exemption.
Application for such exemption must be made by the owner, or all of the owners of the
property on forms prescribed by the State Board of Equalization and Assessment of the State
of New York (or any successor agency) to be furnished by the appropriate assessing authority
and shall furnish the information and be executed in the manner required or prescribed in such
forms, and shall be filed in such Assessor's office on or before the appropriate taxable status
date.
239:2 05-15-2006
§ 239-4 TAXATION §239-5
§ 239-4. Penalties for offenses.
Any conviction of having made any willful false statement of the application for such
exemption shall be punishable by a fine of not more than $100 and shall disqualify the
applicant or applicants from further exemption for a period of five years.
§239-5. When effective.
This article shall become effective as set forth below and shall apply to assessment rolls
prepared on the basis of taxable status dates vzurring on or after March 1, 2003. With respect
to assessment rolls prepared on the basis of tom.=.'ile status dates prior to March 1, 2003, the
partial exemption allowed hereunder shall be lim:7--d to qualified properties, to those persons
otherwise qualified under, and to the amounts perms--ed by, Local Law No. 1 of the year 1971
and its amendments as in effect from time to time prior to the effective date of this article.
239:2.1 05-15-2006
§ 239-13 TAXATION § 239-17
forms, and shall be filed in such Assessor's office on or before the appropriate taxable status
date.
§239-14. Penalties for offenses.
Any conviction of having made any willful false statement of the application for such
exemption shall be punishable by a fine of not more than $100 and shall disqualify the
applicant or applicants from further exemption for a period of five years.
§239-15. When effective.
This article shall become effective as set forth below and shall apply to assessment rolls
prepared on the basis of taxable status dates occurring on or after March 1, 2003.
ARTICLE V
Exemption for Improvements to Property Made Pursuant to Americans with Disabilities
Act
[Adopted 2-13-2006 by L.L. No. 4-2006]
§239-16. Statutory authority.
This article is enacted pursuant to §459-a of the Real Property Tax Law of the State of New
York, as amended through Chapter 759 of the Laws of 2005.
§239-17. Grant of exemption; conditions.
A. Pursuant to the provisions of §459-a of the Real Property Tax Law of the State of New
York, real property located in the Town of Ithaca that is altered, installed or improved
pursuant to the Americans with Disabilities Act of 1990 for the purposes of removal of
architectural barriers for persons with disabilities in existing property shall be partially
exempt from general municipal taxes as hereinafter provided. Such alterations,
installations or improvements to such real property shall be exempt pursuant to the
following exemption schedule:
Year of Exemption Percentage of Exemption
1 50%
2 45%
3 40%
4 35%
5 30%
6 25%
7 20%
8 15%
9 10%
239:5 05-15-2006
§ 239-17 ITHACA CODE §239-20
Year of Exemption Percentage of Exemption
10 5%
B. No exemption shall be granted for alterations, installations or improvements unless such
alterations, installations or improvements were commenced subsequent to the effective
date of this article.
C. Notwithstanding the foregoing provision, if such alterations, installations or
improvements were commenced prior to the effective date of this article, such alterations,
installations or improvements may receive an exemption pursuant to the exemption
schedule of this section for the remainder of the =thorized period of exemption as if
such alterations, installations or improvements ha- -peen commenced on or after such
effective date; provided, however, the property skuiL not be eligible for refunds of
property taxes paid prior to the effective date of this ar-i:ie.
D. The partial exemption provided by this article shall, however, be limited to such property
and persons as meet the conditions, qualifications, exclu,ions and limitations set forth in
§459-a of the Real Property Tax Law of the State of New York. This article shall be
administered in accordance with said section of the Ramal Property Tax Law as now
adopted and as it may be amended from time to time, anJ the provisions of said section
shall be applicable to the effectuation of the exemption pravided for in this article.
§239-18. Application for exemption.
Such exemption shall be granted only upon successful application by the owner or all the
owners of such building on forms prescribed by the State Board of Real Property Services of
the State of New York (or any successor agency). The owner or owners shall furnish the
information and execute the forms in the manner required or prescribed in such forms and
shall file such forms in the Tompkins County Assessment office on or before the appropriate
taxable status date. Such exemption shall be granted only if the appropriate assessing authority
approves the application.
§239-19. Applicability.
This article shall apply to assessment rolls prepared after the effective date of this article on
the basis of taxable status dates occurring on or after March 1, 2006.
ARTICLE VI
Historic Barn Exemption
[Adopted 2-13-2006 by L.L. No. 3-2006]
§239-20. Statutory authority.
This article is enacted pursuant to §483-b of the Real Property Tax Law of the State of New
York, as amended through Chapter 759 of the Laws of 2005.
239:6 05-15-2006
§ 239-21 TAXATION § 239-21
§239-21. Grant of exemption; conditions.
A. Pursuant to the provisions of §483-b of the Real Property Tax Law of the State of New
York, historic barns located in the Town of Ithaca which are reconstructed or
rehabilitated shall be partially exempt from general municipal taxes to the extent
provided hereinafter. For the purposes of this article, an historic barn shall mean a
structure that was at least partially constructed before 1936 and that was originally
designed and used for storing farm equipment or agricultural products, or for housing
livestock.
B. Historic barns shall be exempt for a period of one year to the extent of 100% of the
increase in assessed value thereof attributable to such reconstruction or rehabilitation and
for an additional period of nine years subject to the following:
(1) The extent of such exemption shall be decreased by 10% of the "exemption base"
each year during such additional period. The "exemption base" shall be the
increase in assessed value as determined in the initial year of the term of the
exemption, except as provided below.
(2) In any year in which a change in level of assessment of 15% or more is certified
for a final assessment roll pursuant to the rules of the State Board of Real Property
Services of the State of New York (or any successor agency), the exemption base
shall be recalculated and the exemption shall be recomputed as described in
§483-b of the Real Property Tax Law of the State of New York.
C. No such exemption shall be granted for reconstruction or rehabilitation unless such
reconstruction or rehabilitation was commenced subsequent to the effective date of this
article.
D. No such exemption shall be granted to an historic barn which is receiving an exemption
pursuant to §483 of the Real Property Tax Law of the State of New York or which has
received an exemption pursuant to that section within 10 years of the date of the
application for exemption filed pursuant to this article.
E. No such exemption shall be granted to an historic barn which is used for residential
purposes.
F. No such exemption shall be granted for reconstruction and rehabilitation expenses that
materially alter the historic appearance of the barn.
G. The partial exemption provided by this article shall, however, be limited to such property
and persons as meet the conditions, qualifications, exclusions and limitations set forth in
§483-b of the Real Property Tax Law of the State of New York. This article shall be
administered in accordance with said section of the Real Property Tax Law as now
adopted and as it may be amended from time to time, and the provisions of said section
shall be applicable to the effectuation of the exemption provided for in this article.
239:7 05-15-2006
§ 239-22 ITHACA CODE § 239-23
§239-22. Application for exemption.
Such exemption shall be granted only upon successful application by the owner or all the
owners of such barn on forms prescribed by the State Board of Real Property Services of the
State of New York (or any successor agency). The owner or owners shall furnish the
information and execute the forms in the manner required or prescribed in such forms and
shall file such forms in the Tompkins County Assessment office on or before the appropriate
taxable status date. Such exemption shall be granted only if the appropriate assessing authority
approves the application.
§239-23. Applicability.
This article shall apply to assessment rolls prepared after the effective date of this article on
the basis of taxable status dates occurring on or after March 1, 2006.
239:8 05-15-2W
§ 270-5 ZONING §270-5
(2) No more than two persons (full- or part-time) outside the resident household, and
no more than four persons (full- or part-time) including the resident household, are
employed in conducting the business;
(3) The owner and chief operating officer of the business is an owner and full-time
resident of the property on which the business is conducted;
(4) No goods are offered for sale excepting those created, assembled, or reconditioned
completely on the property;
(5) There is no exterior display or sign except as permitted by this chapter or Chapter
221, Signs, of the Code of the Town of Ithaca, no exterior storage of materials,
equipment (including commercial vehicles), or other items of commerce, and no
other exterior indication of the home occupation or variation from the residential
character of the lot, district or surrounding neighborhood;
(6) No offensive noise, vibration, smoke, dust, odor, heat, glare or electronic
disturbance is produced beyond the boundary line of the property occupied by the
business;
(7) The business does not generate traffic in any greater volume than would normally
be expected in a residential neighborhood, and any need for parking generated by
the use is met off the street and in accordance with any other regulation of this
chapter;
(8) The business or use is not detrimental to the residential character of the lot on
which the business is located nor of the surrounding neighborhood; and
(9) The lot on which the business is operated is large enough to allow such business to
be conducted with minimal impact on the neighbors.
B. Home occupations typically include, but are not limited to, architects, attorneys,
carpenters, caterers, dentists, doctors, dressmakers, electricians, engineers, hairdressers,
insurance brokers, plumbers, realtors, and teachers.
HOSPICE— A building other than a hospital or nursing home where more than two
terminally ill persons are regularly lodged and furnished with meals and nursing care and
which has been granted a certificate of approval to operate as a hospice pursuant to the Public
Health Law or any successor regulating state law.
HOSPITAL— An establishment for temporary occupation by the sick or injured for the
purpose of medical treatment licensed by the State of New York for such purposes.
HOTEL or MOTEL— A building containing rooms designed and originally planned to be
rented or hired out for living or sleeping accommodations for transient occupancy.
HOUSEHOLD PETS— Domesticated dogs, cats, birds, fish, amphibians, reptiles, mice,
ferrets, rabbits, hamsters, gerbils, and other domesticated small animals ordinarily kept as pets
which eat and sleep within a dwelling unit occupied by a family.
LOT— Any area of land bounded by property lines which is not divided into parts by a
public road or railroad. Each part of any area so divided by a road or railroad is considered an
270:15 05-15-2006
§ 270-5 ITHACA CODE § 270-5
individual lot for zoning and subdivision purposes, but any further division of any such part
shall occur only upon compliance with the applicable regulations of Chapter 234, Subdivision
of Land, of the Code of the Town of Ithaca. [Amended 1-9-2006 by L.L. No. 1-20061
LOT AREA— The area of a lot, excluding any portion of a public highway right-of-way that
may be included within deed description of the lot.
LOT DEPTH— The distance between a point on a public highway right-of-way line and the
rear of the lot measured perpendicularly from the street line. A lot need meet the minimum
depth requirements set forth in this chapter at only one point and not uniformly throughout the
lot's entire width.
LOT LINE— A property boundary of a lot, except where the property boundary is the center
line or other portion of a public highway, in which event the property line is the highway
right-of-way line.
MARINA— A facility providing docking or mooring for boats together with ancillary uses
such as sale of fuels, boats and boating parts and accessories.
MINING— The extraction of overburden and minerals from the earth; the preparation and
processing of minerals, including any activities or processes or parts thereof for the extraction
or removal of minerals from their original location and the preparation, washing, cleaning,
crushing, sorting, stockpiling or other processing of minerals at the mine location so as to
make them suitable for commercial, industrial, or construction use; the removal of such
materials through sale or exchange, or for commercial, industrial or municipal use; and the
disposition of overburden, tailings and waste at the mine location; or any one of the above
activities. Mining shall not include the excavation, removal and disposition of minerals from
the site of, and incidental to, a construction project, or excavations incidental to bona fide
agricultural activities provided, however, such excavations, removal or disposition are subject
to obtaining fill permits if required as set forth in this chapter. For the purpose of this
definition:
A. MINERALS - Mean any naturally formed, usually inorganic, solid material located on or
below the surface of the earth. "Minerals" include, but are not limited to, peat, topsoil,
gravel, and stone.
B. OVERBURDEN - Means all of the earth, vegetation and other materials which lie above
or alongside a mineral deposit.
C. SPOIL and TAILINGS - Have the meanings given to them by Article 23 of the New
York State Environmental Conservation Law or any similar or successor statute.
MIXED USE— A commercial facility with accessory residential facilities, the floor area
(inclusive of all floors on all stories dedicated to the residential use) of which residential
facilities is less than the floor area (inclusive of all floors on all stories dedicated to
commercial use) of the commercial use, and which residential facilities are located elsewhere
in the building than on the street frontage of the ground floor.
MOBILE HOME— A transportable dwelling unit suitable for year-round occupancy. A
mobile home is designed and built to be towed on its own chassis, comprised of frame and
270:16 05-15-2006
§ 270-5 ZONING § 270-5
wheels, and connected to either public or private utilities —he un:I r L :,-rain pa=ts which
may be folded, collapsed, or telescoped when being tom A ed and t t;zru-ed later to provide
270:16.1
Chapter DL
DISPOSITION LIST
§DL-1.Disposition of legislation.
The following is a chronological listing of legislation of the Town of Ithaca adopted since
the publication of the Code, indicating its inclusion in the Code or the reason for its
exclusion. [Enabling legislation which is not general and permanent in nature is
considered to be non-Code material (NCM).] Information regarding legislation which is
not included in the Code nor on this list is available from the office of the Town Clerk.
The last legislation reviewed for the original publication of the Code was L.L. No.
3-2004, adopted 2-9-2004.
§ DL-1. Disposition of legislation.
Local Adoption
Law No. Date Subject Disposition
3-8-2004 Operation of watercraft Ch. 254
3-8-2004 Stop signs amendment Ch. 250, Art. III
4-2004 3-15-2004 Zoning Map amendment NCM
4-12-2004 Parking amendment Ch. 250, Art. III
5-2004 5-10-2004 Fees amendment Chs. 125 and 153
6-2004 6-7-2004 Subdivision of land amendment Ch. 234
7-2004 7-12-2004 Adoption of Code Ch. 1, Art. I
8-2004 Zoning Map amendment NCM
9-2004 11-4-2004 Water rates amendment Ch. 261
10-2004 12-13-2004 Signs amendment Ch. 221
11-2004 12-13-2004 Special land use districts Ch. 271
amendment
1-2005 1-10-2005 Parking; stop and yield Ch. 250, Art. III
intersections amendment
2-2005 4-11-2005 Public Works Department Ch. 59
3-2005 4-11-2005 Environmental quality review Ch. 148
4-2005 4-11-2005 Fees amendment Ch. 153
5-2005 5-9-2005 Zoning amendment Ch. 270
(telecommunications facilities)
6-2005 6-13-2005 Zoning: Special Land Use Ch. 271
Districts amendment
7-2005 8-1-2005 Zoning amendment (agricultural Ch. 270
activities)
DL:1 05-15-2006
§ DL-1 ITHACA CODE § Di-1
Local Adoption
Law No. Date Subject Dispositim
8-2005 9-12-2005 Zoning amendment(South Hill Chi. =7tr. =;;
Business Campus)
9-2005 10-17-2005 Fees amendment Chs. 125: 153
1-2006 1-9-2006 Zoning amendment Ch. 270
2-2006 1-9-2006 Zoning Map amendment NCM
3-2006 2-13-2006 Taxation: historic barn Ch. 239, Art. VI
exemption
4-2006 2-13-2006 Taxation: exemption for Ch. 239, Art. VI
improvements to property made
pursuant to Americans with
Disabilities Act
5-2006 3-13-2006 Streets and sidewalks: Hanshaw Ch. 230, Art. III
Road Walkway
6-2006 3-13-2006 Citizen and staff advisory Ch. 18
committees
DL:2 os-15.20b
GENERAL CODE PUBLISHERS CORP.
INSTRUCTIONS
Town of Ithaca Code Supplement No.7
The enclosed new and/or replacement pages should be placed in your Code volume immedi-
ately! The dateline, on the bottom of the page, does not indicate the adoption date of the Code
changes,but rather identifies the pages printed with this supplement. This instruction page should
be placed in the front of your Code volume.
REMOVE INSERT
184:1 — 184:5 184:1 — 184: 7
270:15—270:16 270:15—270:16
270:16.1 270:16.1
270:23—270:24 270:23—270:24
DL:1 —DL:2 DL:1 —DL:2
Index Pages 7—22 Index Pages 7—22
Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 8-2006; 9-
2006.
08-01-2006
Chapter 184
NOISE
ARTICLE I § 184-9. Parties and other social or
General Provisions fund-raising events or
gatherings.
§ 184-1. Title. § 184-10. Animals.
§ 184-2. Applicability.
§ 184-3. Purpose. ARTICLE III
§ 184-4. Definitions. Permits
§ 184-5. Unreasonable noise prohibited. § 184-11. Authorization for permit.
ARTICLE II § 184-12.Permit procedure.
Unlawful Noise Sources
ARTICLE IV
§ 184-6. Purpose of Article II. Violation and Penalty
§ 184-7. Radios,television sets and other § 184-13.Enforcement of violations.
sound-producing or -amplifying
§184-14.Penalties for violations.
devices.
§ 184-8. Construction and other § 184-15.Liability of owner.
machinery.
[HISTORY: Adopted by the Town Board of the Town of Ithaca 8-7-1989; amended in its
entirety 5-8-2006 by L.L. No. 8-2006. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Animals—See Ch.105. Parks and recreation areas—See Ch.200.
ARTICLE I
General Provisions
§ 184-1. Title.
This chapter shall be known and may be cited as the "Town of Ithaca Noise Ordinance"
whether adopted as an ordinance or local law. Hereinafter, this law is sometimes referred to as
"this chapter."
§ 184-2. Applicability.
This chapter shall apply to all areas of the Town outside the Village of Cayuga Heights.
184:1 08-01-2006
§ 184-3 ITHACA CODE § 184-4
§ 184-3. Purpose.
The purpose of this chapter is to preserve the public health, peace, comfort, repose, welfare,
safety and good order by suppressing the making, creation, or maintenance of excessive,
unnecessary, unnatural or unusually loud noises which are prolonged, unusual or unnatural in
their time, place, and use or which are detrimental to the environment.
§ 184-4. Definitions.
Unless the context otherwise clearly indicates, the words and phrases used in this chapter are
defined as follows:
ADULT PERSON— A person who is at least 16 years old.
DAYTIME HOURS— The hours beginning at 7:00 a.m. local time on any day and ending at
9:00 p.m. local time.
EMERGENCY WORK— Work made necessary to restore property to a safe condition
following a public calamity, or work necessary to protect persons or property from an
imminent exposure to danger.
IMPULSIVE SOUND— A sound of short duration, usually less than one second, and of
high intensity, with an abrupt onset and rapid decay.
MOTOR VEHICLES— Includes, but is not limited to, automobiles, trucks, buses, mopeds,
minibikes, and any other vehicle as defined by the Vehicle and Traffic Law of the State of
New York, as it may be amended from time to time.
NIGHTTIME HOURS— The hours beginning at 9:01 p.m. local time on any day and ending
at 6:59 a.m. local time on the following day.
PERSON— Includes the singular and plural and also any individual, any property owner
and/or lessee, any firm, corporation, political subdivision, government agency, association or
organization, including but not limited to officers, directors, employees, agents and/or
independent contractors thereof, or any legal entity whatsoever.
RESIDENTIAL ZONE— A Conservation, Agricultural, Lakefront Residential, Low-Density
Residential, Medium-Density Residential, High-Density Residential, Mobile Home Park,
Multiple Residence, Neighborhood Commercial, or Community Commercial Zone, as defined
in the Town of Ithaca Zoning Ordinance., "Residential Zone" also includes any special land
use district or planned development zone defined by such ordinance wherein one of the
principal land users is residential. Should such ordinance be amended or replaced and by so
doing adds additional zones or differently denominated zones, "residence zones" shall mean
those zones determined under such ordinance or any successor statute wherein the
predominant intended land use is either residential or agricultural.
SOUND-AMPLIFYING EQUIPMENT— Any machine or device for the amplification of
the human voice, instrumental music, or any other sound. Sound-amplifying equipment shall
1. Editor's Note:See Ch.270,Zoning.
184:2 08-01-2006
§ 184-4 NOISE § 184-5
not include standard automobile sound systems when used and heard only by the occupants of
the motor vehicle in which such automobile sound system is installed. As used in this chapter,
sound-amplifying equipment shall not include warning devices on authorized emergency
vehicles or horns or other warning devices on any vehicle used only for traffic safety
purposes, or authorized fire horns or other authorized emergency alarms.
TOWN— All of the Town of Ithaca exclusive of the portion of the Town within the
incorporated Village of Cayuga Heights.
UNREASONABLE NOISE— Any excessive or unusually loud sound which either annoys,
disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable
person of normal sensitivities, or which causes injury to animal life or damages to property or
business.
§ 184-5. Unreasonable noise prohibited.
A. No person shall intentionally cause public inconvenience, annoyance, or alarm, or
recklessly create a risk thereof, by making unreasonable noise or by causing
unreasonable noise to be made.
B. For the purpose of implementing and enforcing the standard set forth in this section,
factors to be considered in determining whether unreasonable noise exists in a given
situation include, but are not limited to, any or all of the following:
(1) The intensity of the noise.
(2) The duration of the noise.
(3) The intensity of the background noise, if any.
(4) The zoning district within which the noise emanates and all zoning districts that lie
within 500 feet of the source of the sound.
(5) The time of the day or night the noise occurs.
(6) The proximity of the noise to sleeping facilities.
(7) Whether the noise is continuous or impulsive.
(8) The existence of complaints concerning the noise from one or more persons who
are affected by the noise.
(9) Whether the nature of the noise is usual or unusual.
(10) Whether the noise is due to a natural or a human-made activity.
184:3 08-01-2006
§ 184-6 ITHACA CODE § 184-8
ARTICLE II
Unlawful Noise Sources
§ 184-6. Purpose of Article II.
The provisions of Article II complement and supplement the other provisions of this chapter
and shall be interpreted and applied in accordance with and in addition to and not in lieu of
those other provisions.
§ 184-7. Radios, television sets and other sound-producing or -amplifying devices.
A. It shall be unlawful for any person within any Residential Zone, or within 500 feet of a
Residential Zone, to use or to operate any radio or receiving set, musical instrument
(including drums), phonograph, television set, any other machine or device for the
producing or reproducing of sound or any other sound-amplifying equipment in a loud,
annoying or offensive manner such that noise from the device interferes with the
comfort, repose, health or safety of members of the public or recklessly creates a risk
thereof, within any building or, outside of a building, at a distance of 25 feet or more
from the source of such sound or interferes with the conversation of members of the
public who are 25 feet or more from the source of such sound.
B. 'Person" defined. For the purposes of this section:
(1) For an offense that occurs on any public property where permission was obtained
to use that public property, a "person" shall include the person or persons who
obtained permission to utilize that property for that event.
(2) For an offense that occurs on private property, a "person" shall include any adult
person or persons who live in or on the property that is involved in the offense.
(3) For an offense that occurs after granting of a permit pursuant to Article III of this
chapter, a "person" shall include the person or persons who are listed on the
permit.
§ 184-8. Construction and other machinery.
A. During the nighttime hours as defined in Article I, § 184-4 herein, it shall be unlawful for
any person within a Residential Zone, or within 500 feet of a Residential Zone, to
operate or cause to be operated any pile driver, steam shovel, pneumatic hammer,
derrick, steam or electric hoist, electric drill, front-loaded garbage collection vehicles
performing commercial pickups, or other commercial industrial equipment, except to
perform emergency work.
B. If any domestic power or hand tool, including, but not limited to, mechanically powered
saws, sanders, grinders, and lawn and garden tools, or air conditioner, is operated during
nighttime hours, no person shall operate such machinery so as to cause noise within a
residential building or across a residential real property boundary where such noise
interferes with the comfort, repose, health or safety of members of the public within any
building or, outside of a building, at 25 feet or more from the source of the sound. Side-
184:4 08-01-2006
§ 184-8 NOISE § 184-10
and rear-loaded garbage collection vehicles, and garbage collection vehicles that do not
have compactors, may be operated for residential pickup beginning at 6:00 a.m. local
time as long as they do not create noise within a residential building or across a
residential real property boundary where such noise interferes with the comfort, repose,
health or safety of members of the public within any building or, outside of a building, at
25 feet or more from the source of the sound.
C. The provisions of this section shall not apply to lawful farm operations on lands the
principal use of which is as a farm and which are located within a county agricultural
district created under the provisions of Article 25-AA of the New York State Agriculture
and Markets Law.
§ 184-9. Parties and other social or fund-raising events or gatherings.
A. It shall be unlawful for any person in charge of a party or other social or fund-raising
event or gathering that occurs on any private or public property to allow that event to
produce noise in a loud, annoying, or offensive manner, or recklessly create the risk
thereof, such that noise from the event interferes with the comfort, repose, health or
safety of members of the public within any building or, outside of a building, at a
distance of 25 feet or more from the source of such sound. It shall also be unlawful for
any participant in that event to contribute to such noise.
B. For the purposes of this section, a "person in charge of a party or other social or
fund-raising event or gathering":
(1) That occurs on any public property shall include the person or persons who
obtained permission to utilize that property for that event.
(2) That occurs on private property shall include the person who owns the premises
involved and any adult person who lives in or on the premises involved in such
party or social event.
(3) Shall include the person who is listed on a permit granted pursuant to Article III of
this chapter with respect to such event.
C. For any violation of this section where beer is being served from a keg on the premises,
the person to whom the keg is registered shall be presumed to be responsible for the
violation, in addition to any person designated in Subsection A or B above.
§ 184-10. Animals.
Any person who owns, harbors, or is the custodian of a dog in the Town of Ithaca is subject
to the noise and other requirements in Chapter 112 of the Town of Ithaca Code, titled
"Animals," and upon violation thereof shall be subject to the penalties set forth in that chapter.
184:5 08-01-2006
§ 184-11 ITHACA CODE § 184-12
ARTICLE III
Permits
§ 184-11. Authorization for permit.
Where the enforcement of this chapter would create an unnecessary hardship, the Town
Board, in its discretion, is authorized to grant a permit for a specific waiver from the
requirements of this chapter. Such waivers shall be granted only in those circumstances where
the applicant demonstrates that the waiver is necessary for a valid purpose, that the proposed
waiver is the minimal intrusion needed, that on balance the need for and benefits of the
waiver outweigh the needs and rights of the surrounding neighbors to a peaceable and quiet
environment.
§ 184-12. Permit procedure.
A. An application for such a permit shall be filed with the Town Clerk no less than 45 days
before the anticipated need and shall provide the following information:
(1) The name of the applicant.
(2) The adult person responsible for compliance with the permit, if different from the
applicant, which adult person shall also sign the application and agree to be
responsible for compliance with the permit terms and any conditions attached to
the permit.
(3) The reasons for such usage.
(4) Plans and specifications of the use.
(5) Noise abatement and control methods to be used.
(6) Time schedule.
(7) Demonstration why the applicant cannot conform to this chapter.
(8) Such other information as the Town Clerk and/or Town Board may reasonably
require to adequately consider the permit request.
(9) For events that are not community-wide or public events, proof must be provided
that notification of the application for the permit has been given to each person
reasonably expected to be affected by the noise, the content of such notification
and the manner in which such notification has been given. The notification shall
state that any person objecting to the granting of such permit may contact the
Town Clerk to express his/her opposition to the granting of the permit.
B. A public hearing before the Town Board shall be held in connection with the application
no less than five days after publication of notice of such hearing in the Town's official
newspaper. The issuance of permits shall be discretionary. The Town Board may impose
any conditions deemed necessary by such Board to minimize the intrusion of sound that
might occur by the exercise of the privileges granted by the permit. Any permit issued
shall state that the permit only applies to this chapter, and that § 240.20, Subdivision 2,
184:6 08-01-"N
§ 184-12 NOISE § 184-15
of the Penal Law of the State of New York, Disorderly Conduct, provides that "A person
is guilty of disorderly conduct when, with intent to cause public inconvenience,
annoyance or alarm, or recklessly creating a risk thereof. ... he makes unreasonable
noise." If a permit is issued, a copy of the permit stipulating any and all conditions
imposed by the Town Board shall be furnished to the Tompkins County Sheriffs
Department by the Town Clerk, simultaneously upon the issuance of the permit to the
applicant.
ARTICLE IV
Violation and Penalty
§ 184-13. Enforcement of violations.
Enforcement may be facilitated by, but shall not be dependent upon, complaint by a resident
of the Town to a Town Code Enforcement Officer or county or other law enforcement officer.
Any police officer or peace officer or any person who may be lawfully designated by the
Town Board shall have the authority to issue appearance tickets in connection with any
violation of this chapter.
§ 184-14. Penalties for violations.
A. A violation of this chapter is hereby declared to be an offense, with conviction of a first
offense punishable by a fine of up to $500 or imprisonment not to exceed 15 days, or
both. For conviction of a second or subsequent offense which was committed within a
period of five years from the commission of the prior offense, a violator shall be subject
to a fine of up to $1,000 or imprisonment not to exceed 15 days, or both. With respect to
continuous emissions of sound, each day of such emission shall constitute a separate
violation.
B. In addition, persons who violate this chapter shall be liable for a civil penalty of$500 for
a first violation and $1,000 for a second or subsequent violation which was committed
within a period of five years from the commission of the prior violation. With respect to
continuous emissions of sound, each day of such emission shall constitute a separate
violation. The Attorney for the Town or his or her designee may commence an action or
special proceeding against the violator in a court of competent jurisdiction to collect
these penalties, together with costs, disbursements and recoverable attorneys'fees, and/or
to compel compliance with this chapter or restrain by injunction any such violation.
§ 184-15. Liability of owner.
The owner of any real property (except public highways, and other publicly owned facilities)
from which sounds prohibited by this chapter emanate shall be guilty of a violation of this
chapter, whether or not such owner was on the premises or occupied the premises when the
proscribed sounds emanated from same.
184:7 08-01-2006
§ 270-5 ZONING § 270-5
(2) No more than two persons (full- or part-time) outside the resident household, and
no more than four persons (full- or part-time) including the resident household, are
employed in conducting the business;
(3) The owner and chief operating officer of the business is an owner and full-time
resident of the property on which the business is conducted;
(4) No goods are offered for sale excepting those created, assembled, or reconditioned
completely on the property;
(5) There is no exterior display or sign except as permitted by this chapter or Chapter
221, Signs, of the Code of the Town of Ithaca, no exterior storage of materials,
equipment (including commercial vehicles), or other items of commerce, and no
other exterior indication of the home occupation or variation from the residential
character of the lot, district or surrounding neighborhood;
(6) No offensive noise, vibration, smoke, dust, odor, heat, glare or electronic
disturbance is produced beyond the boundary line of the property occupied by the
business;
(7) The business does not generate traffic in any greater volume than would normally
be expected in a residential neighborhood, and any need for parking generated by
the use is met off the street and in accordance with any other regulation of this
chapter;
(8) The business or use is not detrimental to the residential character of the lot on
which the business is located nor of the surrounding neighborhood; and
(9) The lot on which the business is operated is large enough to allow such business to
be conducted with minimal impact on the neighbors.
B. Home occupations typically include, but are not limited to, architects, attorneys,
carpenters, caterers, dentists, doctors, dressmakers, electricians, engineers, hairdressers,
insurance brokers, plumbers, realtors, and teachers.
HOSPICE— A building other than a hospital or nursing home where more than two
terminally ill persons are regularly lodged and furnished with meals and nursing care and
which has been granted a certificate of approval to operate as a hospice pursuant to the Public
Health Law or any successor regulating state law.
HOSPITAL— An establishment for temporary overnight occupation by sick or injured
persons for the purpose of medical treatment licensed by the State of New York for such
purposes. [Amended 6-12.2006 by L.L. No. 9-20061
HOTEL or MOTEL— A building containing rooms designed and originally planned to be
rented or hired out for living or sleeping accommodations for transient occupancy.
HOUSEHOLD PETS— Domesticated dogs, cats, birds, fish, amphibians, reptiles, mice,
ferrets, rabbits, hamsters, gerbils, and other domesticated small animals ordinarily kept as pets
which eat and sleep within a dwelling unit occupied by a family.
270:15 08-01-2006
§ 270-5 ITHACA CODE §270-5
LOT— Any area of land bounded by property lines which is not divided into parts by a
public road or railroad. Each part of any area so divided by a road or railroad is considered an
individual lot for zoning and subdivision purposes, but any further division of any such part
shall occur only upon compliance with the applicable regulations of Chapter 234, Subdivision
of Land, of the Code of the Town of Ithaca. [Amended 1-9-2006 by L.L. No. 1-20061
LOT AREA— The area of a lot, excluding any portion of a public highway right-of-way that
may be included within deed description of the lot.
LOT DEPTH— The distance between a point on a public highway right-of-way line and the
rear of the lot measured perpendicularly from the street line. A lot need meet the minimum
depth requirements set forth in this chapter at only one point and not uniformly throughout the
lot's entire width.
LOT LINE— A property boundary of a lot, except where the property boundary is the center
line or other portion of a public highway, in which event the property line is the highway
right-of-way line.
MARINA— A facility providing docking or mooring for boats together with ancillary uses
such as sale of fuels,boats and boating parts and accessories.
MINING— The extraction of overburden and minerals from the earth; the preparation and
processing of minerals, including any activities or processes or parts thereof for the extraction
or removal of minerals from their original location and the preparation, washing, cleaning,
crushing, sorting, stockpiling or other processing of minerals at the mine location so as to
make them suitable for commercial, industrial, or construction use; the removal of such
materials through sale or exchange, or for commercial, industrial or municipal use; and the
disposition of overburden, tailings and waste at the mine location; or any one of the above
activities. Mining shall not include the excavation, removal and disposition of minerals from
the site of, and incidental to, a construction project, or excavations incidental to bona fide
agricultural activities provided, however, such excavations, removal or disposition are subject
to obtaining fill permits if required as set forth in this chapter. For the purpose of this
definition:
A. MINERALS - Mean any naturally formed, usually inorganic, solid material located on or
below the surface of the earth. "Minerals" include, but are not limited to, peat, topsoil,
gravel, and stone.
B. OVERBURDEN - Means all of the earth, vegetation and other materials which lie above
or alongside a mineral deposit.
C. SPOIL and TAILINGS - Have the meanings given to them by Article 23 of the New
York State Environmental Conservation Law or any similar or successor statute.
MIXED USE— A commercial facility with accessory residential facilities, the floor area
(inclusive of all floors on all stories dedicated to the residential use) of which residential
facilities is less than the floor area (inclusive of all floors on all stories dedicated to
commercial use) of the commercial use, and which residential facilities are located elsewhere
in the building than on the street frontage of the ground floor.
1
270:16 08-01-2006
§ 270-5 ZONING §270-5
MOBILE HOME— A transportable dwelling unit suitable for year-round occupancy. A
mobile home is designed and built to be towed on its own chassis, comprised of frame and
wheels, and connected to either public or private utilities. The unit may contain parts which
may be folded, collapsed, or telescoped when being towed and expanded later to provide
270:16.1 08-01-2006
§ 270-11 ZONING § 270-12
§270-11. Permitted principal uses.
In a Conservation Zone, no building shall be erected or extended and no land or building or
part thereof shall be used for other than any of the following purposes:
A. A one-family dwelling; except a mobile home, 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:
(1) Each dwelling unit is occupied by no more than one family; and
(2) The floor area of the second dwelling unit is not more than 50% of the floor area
excluding the basement of the primary dwelling unit except where the second
dwelling unit is constructed entirely within the basement area, it may exceed 50%.
C. Garden,nursery or farm.
D. Roadside stand or other structure, not exceeding 500 square feet of enclosed space, for
the display and sale of farm or nursery products related to farming and as a seasonal
convenience to the owner or owners of the land. Any such stand shall be located a
minimum of 30 feet from the street line, in such a manner as to permit safe access and
egress for automobiles, and parking off the highway right-of-way.
E. Forest management and other forest resource uses, including the harvesting of timber in
conformance with environmentally sound forestry practices, provided that logging of
more than one acre of contiguous land shall require the submission of a forest
management plan to and approval by the Planning Board. Such a plan shall include, but
not be limited to, a description of the area to be logged, what percentage of trees will be
cut, the method of cutting and removing trees, and how the land will be restored (e.g.,
through reforestation, agriculture or otherwise).
F. Public water supply.
§270-12. Principal uses authorized by special permit only.
The following uses are permitted in a Conservation 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. Church or other places of worship.
B. Public, parochial and private schools, public library, public museum, day-care center,
nursery school, hospital, and any institution of higher learning including dormitory
accommodations. [Amended 6-12-2006 by L.L. No. 9-2006]
C. Publicly owned park or playground, including accessory buildings and improvements.
270:23 08-01-2006
§ 270-12 ITHACA CODE § 270-13
D. Fire station or other public building necessary to the protection of or the servicing of a
neighborhood.
E. Roadside stand or other structure, exceeding 500 square feet but not more than 2,500
square feet of enclosed space, for the display and sale of farm or nursery products related
to farming and as a seasonal convenience to the owner or owners of the land. The
majority of the products sold at such stand shall be, or be derived from, products
produced on the farm on which the roadside stand is located. Any such stand shall be
located a minimum of 30 feet from the street line, in such a manner as to permit safe
access and egress for automobiles, and parking off the highway right-of-way.
F. Bed-and-breakfast.
G. Equestrian facility, provided that adequate provision is made to prevent nuisance to
adjoining properties and provided: [Added 8-1-2005 by L.L. No. 7-20051
(1) The lot size is at least two acres (three acres if public sewers are not available);
(2) There is a nonoccupied and unused buffer of at least 50 feet around the perimeter
of the lot;
(3) Any building in which farm animals are kept shall be at least 100 feet from any lot
line or street line; and
(4) No manure shall be stored within 100 feet of any lot line or street line.
§270-13. Additional requirements for special permit.
The application for a special permit for any of the uses set forth in the immediately preceding
section shall be made to the Planning Board. Any required site plan shall conform to the
requirements of, and be subject to the procedures contained in Article XXIII. No building
permit shall be issued unless the proposed structure is in accordance with the final site plan
approved by the Planning Board. In determining whether to grant a special permit, the
Planning Board shall consider the matters set forth elsewhere in this chapter and in addition
shall grant a special permit for any of the above uses only if it can be demonstrated that:
A. The proposal is consistent with the goals and objectives of the Conservation Zone, as
enumerated in the purpose section relating to this zone;
B. The proposal provides adequate measures to control stormwater runoff and minimize
erosion and sedimentation;
C. The project includes adequate measures to protect surface and groundwaters from direct
or indirect pollution; and
D. Off-street parking facilities are adequately buffered to minimize visual and noise impacts
on surrounding areas, and are designed to minimize the increase in impervious surfaces
on the site.
270:24 08-01-2006
Chapter DL
DISPOSITION LIST
§DL-1.Disposition of legislation.
The following is a chronological listing of legislation of the Town of Ithaca adopted since
the publication of the Code, indicating its inclusion in the Code or the reason for its
exclusion. [Enabling legislation which is not general and permanent in nature is
considered to be non-Code material (NCM).] Information regarding legislation which is
not included in the Code nor on this list is available from the office of the Town Clerk.
The last legislation reviewed for the original publication of the Code was L.L. No.
3-2004, adopted 2-9-2004.
§DL-1. Disposition of legislation.
Local Adoption
Law No. Date Subject Disposition
3-8-2004 Operation of watercraft Ch. 254
3-8-2004 Stop signs amendment Ch. 250, Art. III
4-2004 3-15-2004 Zoning Map amendment NCM
4-12-2004 Parking amendment Ch. 250, Art. III
5-2004 5-10-2004 Fees amendment Chs. 125 and 153
6-2004 6-7-2004 Subdivision of land amendment Ch. 234
7-2004 7-12-2004 Adoption of Code Ch. 1, Art. I
8-2004 Zoning Map amendment NCM
9-2004 11-4-2004 Water rates amendment Ch. 261
10-2004 12-13-2004 Signs amendment Ch. 221
11-2004 12-13-2004 Special land use districts Ch. 271
amendment
1-2005 1-10-2005 Parking; stop and yield Ch. 250, Art. III
intersections amendment
2-2005 4-11-2005 Public Works Department Ch. 59
3-2005 4-11-2005 Environmental quality review Ch. 148
4-2005 4-11-2005 Fees amendment Ch. 153
5-2005 5-9-2005 Zoning amendment Ch. 270
(telecommunications facilities)
6-2005 6-13-2005 Zoning: Special Land Use Ch. 271
Districts amendment
7-2005 8-1-2005 Zoning amendment(agricultural Ch. 270
activities)
DL:1 08-01-2006
§ DL-1 ITHACA CODE § DL-1
Local Adoption
Law No. Date Subject Disposition
8-2005 9-12-2005 Zoning amendment (South Hill Chs. 270; 271
Business Campus)
9-2005 10-17-2005 Fees amendment Chs. 125; 153
1-2006 1-9-2006 Zoning amendment Ch. 270
2-2006 1-9-2006 Zoning Map amendment NCM
3-2006 2-13-2006 Taxation: historic barn Ch. 239, Art. VI
exemption
4-2006 2-13-2006 Taxation: exemption for Ch. 239, Art. VI
improvements to property made
pursuant to Americans with
Disabilities Act
5-2006 3-13-2006 Streets and sidewalks: Hanshaw Ch. 230, Art. III
Road Walkway
6-2006 3-13-2006 Citizen and staff advisory Ch. 18
committees
7-2006 4-10-2006 Zoning Map amendment NCM
8-2006 5-8-2006 Noise Ch. 184
9-2006 6-12-2006 Zoning amendment Ch. 270
DL:2 08-01-2006
GENERAL CODE PUBLISHERS CORP.
INSTRUCTIONS
Town of Ithaca Code Supplement No.8
The enclosed new and/or replacement pages should be placed in your Code volume immedi-
ately! The dateline, on the bottom of the page, does not indicate the adoption date of the Code
changes,but rather identifies the pages printed with this supplement. This instruction page should
be placed in the front of your Code volume.
REMOVE INSERT
Table of Contents, Table of Contents,
vii—viii vii—viii
228:1 —228:2
DL:1 —DL:2 DL:1 —DL:2
Index Pages 1 -22 Index Pages 1 —22
Legislation,by number or date of adoption,included in this supplement: L.L.No. 10-2006.
10-15-2006
-- TABLE OF CONTENTS
Building Construction and Fire Prevention............................. 125:1
Buildings, Unsafe.......................................
.............................. :
Environmental Quality Review................................................ 148:1
Fees.......................................................................................... 153:1
Flood Damage Prevention........................................................ 157:1
Freshwater Wetlands................................................................ 161:1
Games of Chance..................................................................... 166:1
LockBoxes.............................................................................. 175:1
Noise.._..................................................................................... 184:1
Notification of Defects............................................................. 188:1
Numbering of Buildings .......................................................... 192:1
Parks and Recreation Areas.....................................................200:1
Property Maintenance.............................................................. 205:1
SewerRents .............................................................................210:1
Sewer Use: Use of Public Sewers............................................214:1
Sewer Use: Rules,Regulations &Penalties of Board of
Public Works, City of Ithaca,NY, Re: Water Supply,
Sewage Disposal&Air Conditioning.................................. 215:1
Sewer Use: Requirements for Contributors Into Joint
POTW...................................................................................216:1
Sewer Use: Administration and Amendments.........................217:1
Signs......................................................................................... 221:1
SprinklerSystems....................................................................225:1
Stormwater Management.........................................................228:1
Streets and Sidewalks .............................................................. 230:1
Article I—Excavations in Town Streets and Highways
Article II—Construction and Repair of Sidewalks
Article III—Hanshaw Road Walkway
v11 10-15-2006
ITHACA CODE
Subdivision of Land................................................................. 234:1
Taxation................................................................................... 239:1
Article I—Senior Citizens Exemption
Article II—Alternative Veterans Exemption
Article III—Business Investment Exemption
Article IV—Exemption for Certain Disabled Persons With Limited
Income
Article V—Exemption for Improvements to Property Made Pursuant
to Americans with Disabilities Act
Article VI—Historic Barn Exemption
Taxicabs...................................................................................243:1
Vehicles and Traffic.................................................................250:1
Article I—East Hills Shopping Plaza
Article II—Vehicle Weight Limits
Article III—Parking;Stop and Yield Intersections
Watercraft................................................................................ 254:1
Water Protection......................................................................256:1
Part 1—Cross-Connection Control
Part 2—Supplementary Cross-Connection Control
WaterRates.............................................................................. 261:1
Zoning...................................................................................... 270:1
Zoning: Special Land Use Districts......................................... 271:1
APPENDIX
DISPOSITION LIST
INDEX
v111 10-15-2006
Chapter 228
STORMWATER MANAGEMENT
§228-1. Repair of stormwater
management facilities; recovery
of Town charges.
[HISTORY: Adopted by the Town Board of the Town of Ithaca 9-11-2006 by L.L. No.
10-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental quality review—See Ch.148. Subdivision of land—See Ch.234.
Flood damage prevention—See Ch.157. Zoning—See Ch.270.
§228-1. Repair of stormwater management facilities; recovery of Town charges.
A. This chapter is adopted pursuant to the laws of the State of New York, including § 130,
Subdivision 15, of the Town Law, § 10, Subdivision 2, of the Municipal Home Rule
Law, and § 10, Subdivision l(ii)a(9-a), of the Municipal Home Rule Law, in order to
protect and promote the health, safety and welfare of the community. Among other
purposes, this chapter is intended to prevent increases in the magnitude and frequency of
stormwater runoff so as to prevent an increase in flood flows and in the hazards and
costs associated with flooding; control erosion and sedimentation so as to prevent
sediment deposition in streams and other receiving water bodies; and facilitate the
removal of pollutants in stormwater runoff.
B. Privately owned stormwater management facilities shall be maintained in good working
condition and kept in good repair. If the Town notifies a property owner of maintenance
deficiencies, the owner shall cause needed repairs to be made within the number of days
set forth in the Town's notice.
C. If the owner fails to complete the repairs to the satisfaction of the Town's Director of
Engineering within the period set forth in the Town's notice, the Town may enter the
property to make the repairs or cause them to be made. The Town's entry onto such
private property shall be pursuant to an agreement between the Town and property
owner. If no agreement exists or can be obtained in a timely manner, the Town may
enter such property to remove an imminent danger to life, property or safety of the public
caused by the inadequate operation or repair of the stormwater management facilities.
D. The Town shall present the property owner with a bill for all costs and expenses incurred
by the Town in connection with the repairs. If the owner shall fail to pay such costs and
expenses within 10 days after the demand for same, or within 30 days of the final
decision on any administrative or judicial contest the owner may pursue, then such
unpaid costs, expenses and interest at the per-annum rate of 9% incurred from the date of
repair shall constitute a lien upon the land on which the stormwater management
facilities are located. A legal action or proceeding may be brought to collect such costs,
228:1 10-15-2006
§ 228-1 ITHACA CODE § 228-1
expenses, interest, and recoverable attorney's fees, or to foreclose such lien. As an
alternative to the maintenance of any such action, the Town may file a certificate with
the Tompkins County Department of Assessment stating the costs and expenses incurred
and interest accruing as aforesaid, together with a statement identifying the property and
owner. The Tompkins County Department of Assessment shall, in the preparation of the
next assessment roll, assess such unpaid costs, expenses and interest 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.
228:2 10-15-2006
Chapter DL
DISPOSITION LIST
§DL-1.Disposition of legislation.
The following is a chronological listing of legislation of the Town of Ithaca adopted since
the publication of the Code, indicating its inclusion in the Code or the reason for its
exclusion. [Enabling legislation which is not general and permanent in nature is
considered to be non-Code material (NCM).] Information regarding legislation which is
not included in the Code nor on this list is available from the office of the Town Clerk.
The last legislation reviewed for the original publication of the Code was L.L. No.
3-2004,adopted 2-9-2004.
§DL-1. Disposition of legislation.
Local Adoption
Law No. Date Subject Disposition
3-8-2004 Operation of watercraft Ch. 254
3-8-2004 Stop signs amendment Ch. 250, Art. III
4-2004 3-15-2004 Zoning Map amendment NCM
4-12-2004 Parking amendment Ch. 250, Art. III
5-2004 5-10-2004 Fees amendment Chs. 125 and 153
6-2004 6-7-2004 Subdivision of land amendment Ch. 234
7-2004 7-12-2004 Adoption of Code Ch. 1, Art. I
8-2004 Zoning Map amendment NCM
9-2004 11-4-2004 Water rates amendment Ch. 261
10-2004 12-13-2004 Signs amendment Ch. 221
11-2004 12-13-2004 Special land use districts Ch. 271
amendment
1-2005 1-10-2005 Parking; stop and yield Ch. 250, Art. III
intersections amendment
2-2005 4-11-2005 Public Works Department Ch. 59
3-2005 4-11-2005 Environmental quality review Ch. 148
4-2005 4-11-2005 Fees amendment Ch. 153
5-2005 5-9-2005 Zoning amendment Ch. 270
(telecommunications facilities)
6-2005 6-13-2005 Zoning: Special Land Use Ch. 271
Districts amendment
7-2005 8-1-2005 Zoning amendment (agricultural Ch. 270
activities)
DU 10-15-2006
§ DL-1 ITHACA CODE § DL-1
Local Adoption
Law No. Date Subject Disposition
8-2005 9-12-2005 Zoning amendment (South Hill Chs. 270; 271
Business Campus)
9-2005 10-17-2005 Fees amendment Chs. 125; 153
1-2006 1-9-2006 Zoning amendment Ch. 270
2-2006 1-9-2006 Zoning Map amendment NCM
3-2006 2-13-2006 Taxation: historic barn Ch. 239,Art. VI
exemption
4-2006 2-13-2006 Taxation: exemption for Ch. 239,Art. VI
improvements to property made
pursuant to Americans with
Disabilities Act
5-2006 3-13-2006 Streets and sidewalks: Hanshaw Ch. 230, Art. III
Road Walkway
6-2006 3-13-2006 Citizen and staff advisory Ch. 18
committees
7-2006 4-10-2006 Zoning Map amendment NCM
8-2006 5-8-2006 Noise Ch. 184
9-2006 6-12-2006 Zoning amendment Ch. 270
10-2006 9-11-2006 Stormwater management Ch. 228
DL:2 10-15-2006