HomeMy WebLinkAbout2005 Supplements GENERAL CODE PUBLISHERS CORP.
INSTRUCTIONS
Town of Ithaca Code Supplement No.2
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
221:3—221:4 221:3—221:4
221:4.1
221:15—221:18 221:15—221:18
261:A1—261:A2 Attachment 1:1 -1:2
271:3—271:6 271:3—271:6
271:6.1
DL:1 DL:1
Index Pages 1 —21 Index Pages 1 —21
Legislation,by number or date of adoption, included in this supplement: L.L. Nos. 9-2004; 10-
2004; 11-2004.
01-01-2005
§ 2214 SIGNS § 221-5
(8) Except as otherwise provided herein, no banners, pennants, ribbons, streamers,
spinners, or similar moving, fluttering, or revolving devices shall be part of an
exterior or window sign, or used for advertising or attracting attention when not
part of a sign.
(9) Phosphorescent, fluorescent, or similar reflective paint or material shall not be used
on exterior signs, except those listed in § 221-5A(1)(a), (b), and (c).
(10) Prohibited sign illumination sources shall be as listed in § 221-8A.
B. Residential and/or agricultural districts. The following signs are prohibited in residential
districts and/or agricultural districts:
(1) Signs as listed in § 2214A.
(2) Projecting signs, except as allowed in § 221-513(1)(b).
(3) Window signs, except temporary signs such as pickup and delivery notices,
political posters, or similar signs.
(4) Signs on awnings or canopies.
§221-5. Exempt signs.
A. All districts.
(1) The following permanent signs, not self-illuminated except as otherwise provided
herein,may be placed in any district without a permit:
(a) Street identification, traffic and other governmental signs and control devices
required by law, ordinance, or regulation.
(b) Official public information signs.
(c) Entrance-exit and directional signs.
(d) House and building numbers.
(e) Memorial signs, building names, erection dates, or similar information cut
into masonry or other permanent surface, or constructed of bronze or other
incombustible material, not to exceed 36 square feet in size.
(f) Signs and markers in cemeteries designating graves and memorials.
(g) "Posted" or "No Trespassing" signs not to exceed four square feet in size.
(h) Historical markers not to exceed six square feet in size.,
(i) Hospital identification signs, which may be self-illuminated, not to exceed 24
square feet in size.
(j) Governmental agency and public building identification.
221:3 01-01-2005
§ 221-5 ITHACA CODE § 221-5
(k) Signs or notices erected by a public utility necessary for the direction,
information, or safety of the public.
(1) Political posters not exceeding six square feet in size. In business and
industrial zones, such signs may be up to 24 square feet in size. [Added
12-13-2004 by L.L. No. 10-20041
(2) The following temporary signs, not illuminated unless otherwise specified, may be
placed in any district without a permit:
(a) Emergency or safety signs, illuminated as required.
(b) Directional signs for meetings, conventions, and other assemblies, not to
exceed six square feet in size and to be removed within 15 days after the
event.
(c) One sign, not to exceed six square feet, advertising the sale or rental of the
land or building on which it is located, to be removed within 15 days after
sale or rental and no more than one such sign for each lot or building being
sold. In business and industrial districts, such signs may be up to 24 square
feet in size.
(d) One sign, not to exceed six square feet, listing the architect, engineer,
contractor and/or owner, on premises where construction, renovation, or
repair is in progress.
(e) Not-for-profit promotional, private sales, or similar signs not exceeding six
square feet in size. In business and industrial zones, such signs may be up to
24 square feet in size. [Amended 12-13-2004 by L.L.No. 10-20041
(f) Holiday decorations, including lighting.
(g) No more than two banners aggregating not in excess of .15 square feet
containing graphics that are purely decorative and that do not identify,
advertise or convey information.
(3) Flags, emblems, or insignia of a nation, government, or school, may be displayed
in any district without a permit.
B. Residential and/or agricultural districts.
(1) The following signs, on premises, not self-illuminated,may be placed in residential
districts and/or agricultural districts without a permit:
(a) Signs listed as exempt in § 221-5A.
(b) One wall, projecting or freestanding sign on each building frontage
identifying the name and/or address of the occupants of a residence not to
exceed six square feet in size. Signs as needed to identify the building or
activities of colleges and universities, not to exceed 24 square feet.
221:4 01 -01-2005
§ 221-5 SIGNS § 221-5
(c) One wall sign as needed to identify the buildings or activities of houses of
worship, libraries, museums, nursing homes, or similar institutions; and one
freestanding sign neither of which is to exceed 24 square feet in size, and
combined shall not exceed 24 square feet in size. The height of any
freestanding sign shall not exceed six feet.
221:4.1 01-01-2005
§ 221-17 SIGNS § 221-17
CANOPY — An ornamental roof-like projection or covering. A freestanding structure over
gasoline pumps is a canopy.
COPY-CHANGE SIGN — A sign on which the visual message may be periodically
changed.
DISTRICT — A land use area classification as established by Chapter 270, Zoning, of the
Code of the Town of Ithaca, as amended.
ENFORCEMENT OFFICIAL — The official charged with the duty to enforce the zoning
and other laws, ordinances, codes, and regulations relating to buildings and property.
EXEMPT SIGN— A sign which may be erected or placed without a sign permit under the
provisions of this chapter.
FREESTANDING SIGN — A sign affixed to the ground independent of any adjacent
building or structure.
FREESTANDING SIGN AREA — The area of the smallest rectangle, triangle, or circle
(whichever results in the smallest area calculation) circumscribing one face of the sign panel
or sign symbol or grouped panels or symbols, inclusive of decorative appendages but
exclusive of supports.
FRONT YARD — An open space on the same lot with a building, between the building
front line and the street line, but excluding any public sidewalk and the area between such
sidewalk and street, and extending the full width of the lot.
GASOLINE STATION — A drive-in service for the sale of motor fuel, oil, and motor
vehicle accessories, and which may include facilities for lubricating, washing, or servicing
vehicles, but not including painting or body repairs, or the sale of new or used cars. The term
includes filling station, service station.
GRAPHICS — The letters, figures, emblems, devices, and other representations comprising
the visual message of a sign.
HISTORICAL MARKER SIGN — A sign displaying historical and/or architectural
information about a building or place.
ILLUMINATED SIGN — A sign illuminated by artificial light or which is composed of
luminous tubing, or other artificial lighting devices.
INDIRECTLY ILLUMINATED SIGN — A sign illuminated by reflection from a light
source not directly visible.
INDUSTRIAL DISTRICT— An industrial land use area classification as established by or
pursuant to Chapter 270,Zoning, of the Code of the Town of Ithaca, as amended.
LUMINOUS TUBING — Glass tubing with a cold cathode light or similar source such as
neon.
MARQUEE — A permanent roofed structure projecting from a building, usually over an
entrance, attached to the building or on freestanding supports, or both.
221:15 01-01-2005
§ 221-17 ITHACA CODE ' § 221-17
MULTIUSE FACILITY — A shopping center or similar facility where two or more
enterprises are operated on any one parcel or contiguous parcels under the ownership or
management of the same person, firm or corporation.
NONCONFORMING SIGN — A sign lawfully existing on the effective date of this chapter
or subsequent amendment thereto, which does not conform to the regulations applicable in the
district in which it is located. Only an on-premises sign as defined in this section shall be
deemed to be a nonconforming sign and be entitled to the benefits of a nonconforming use.
OFF-PREMISES SIGN — A sign related to an enterprise not conducted, or to a service or
commodity not offered or sold,upon the premises where such sign is located.
ON-PREMISES SIGN — A sign related to an enterprise conducted, or to a service or
commodity offered or sold, upon the premises where such sign is located.
OWNER— Owner, agent, or person having beneficial use of the building or land on which a
sign is located.
PERSON — Firm, partnership, trust, company, corporation, organization, or institution, as
well as an individual, acting as owner, lessee, or agent, or employee.
POLITICAL POSTER— [Added 12-13-2004 by L.L. No. 10-20041
A. A sign which:
(1) Advertises a candidate or candidates for public elective offices, or a political party;
or
(2) Expresses an opinion on, or urges a particular vote or action on, a public issue; or
(3) Conveys one's views on worship, ethics, philosophy of life or similar beliefs.
B. Political posters do not include signs which promote for commercial purposes the
purchase of specific products or services.
PROHIBITED SIGN— A sign which is forbidden under the provisions of this chapter.
PROJECTING SIGN— A sign protruding at an angle from a building or structure.
PROJECTING SIGN AREA — The area of the smallest rectangle, .triangle, or circle
(whichever results in the smallest area calculation) circumscribing one face of the sign panel
or sign symbol or grouped panels or symbols, inclusive of decorative appendages but
exclusive of supports.
PUBLIC INFORMATION SIGN — A sign identifying a public facility, such as a public
telephone, or providing information concerning direction, safety, and trespassing.
PUBLIC PLACE — Any thoroughfare, square, plaza, public parking lot, or similar area,
whether publicly or privately owned.
RESIDENTIAL DISTRICT — A residential land use area classification as established by
Chapter 270, Zoning, of the Code of the Town of Ithaca, as amended.
221:16 01-01-2005
§ 221-17 SIGNS § 221-17
REGULATED SIGN— A sign which may be placed on issuance of a sign permit under the
provisions of this chapter.
RIGHT-OF-WAY, PUBLIC — Land over which the public may travel subject to restrictions
by the government with jurisdiction, whether or not said government has control of the land
by ownership or easement.
ROOF SIGN— A sign placed above the upper edge of a building, wall, or parapet, or placed
or painted on or above the roof covering, or on an independent structural frame on a roof, or
on the side of roof or roof structures such as marquees, penthouses, elevator housing, and
tanks.
SELF-ILLUMINATED SIGN— An internally illuminated sign with graphics displayed on a
translucent face, or individual letters or symbols with a translucent face, and with translucent
or opaque edges.
SIGN— A device for visual communication publicly displayed to identify, advertise, and/or
convey information.
SIGN AREA — See "freestanding sign area," "projecting sign area," "wall sign area." With
respect to all other signs for which an area measurement is necessary, the sum of the areas of
the graphics, measured as the sum of the areas of the smallest rectangles, triangles, or circles
(which may be used in combination and whichever results in the smallest area calculation)
circumscribing each group of words and each device or other representation, except that any
graphics surrounded by a border, or on a panel which differentiates such graphics from a
background, shall be measured as the area of the smallest rectangle, triangle or circle
(whichever results in the smallest area calculation) circumscribing the border or panel.
SIGN DIRECTORY — A listing of several enterprises, consisting of a matrix and sign
components.
SIGN HEIGHT — The vertical dimension from grade to the uppermost point on the sign
panel.
SIGN SYMBOL — A sign whose shape represents an object, or a customary identifying
device such as a barber pole.
STORE FRONTAGE — That part of a building frontage between architectural elements of
the facade such as piers, or the frontage of a single enterprise.
STREET— A public thoroughfare which can be seen from a sidewalk, street, or other public
place.
TEMPORARY SIGN— A sign limited for use to a period not exceeding 30 days or to such
other limited period as permitted by provision of this chapter.
VARIANCE — A departure from the terms of this chapter authorized by the Zoning Board
of Appeals due to a practical difficulty or unnecessary and undue hardship, not the result of
the actions of the applicant, peculiar to an individual situation.
VARIATION— A departure from the terms of this chapter varying any maximum numerical
limitations in this chapter by no more than 25%authorized by the Sign Review Board.
221:17 01-01-2005
§ 221-17 ITHACA CODE § 221-18
WALL SIGN— A sign painted or affixed on and parallel to an exterior wall of a building or
structure, but not on window glass.
WALL SIGN AREA — The sum of the areas of the graphics, measured as the sum of the
areas of the smallest rectangles, triangles, or circles (which may be used in combination and
whichever results in the smallest area calculation) circumscribing each group of words and
each device or other representation, except that any graphics surrounded by a border, or on a
panel which differentiates such graphics from a background, shall be measured as the area of
the smallest rectangle, triangle or circle (whichever results in the smallest area calculation)
circumscribing the border or panel.
WINDOW SIGN — A sign visible from a sidewalk, street, or other public place, painted or
affixed on glass or other window material, or located inside within three feet of the window,
but not including graphics in connection with customary window display of products.
ZONE — A land use area classification as established by Chapter 270, Zoning, of the Code
of the Town of Ithaca, as amended.
ZONING BOARD OF APPEALS— See "Board of Appeals."
§ 221-18. Amendment and readoption.
Local Law Number 6 of the year 1980, entitled the "A Local Law Regulating Signs in the
Town of Ithaca, New York" adopted by the Town of Ithaca on August 11, 1980, is hereby
amended, restated, and readopted as set forth in this chapter.
221:18 01 -01-2005
WATER RATE
261 Attachment 1
Schedule A
Water Rate Schedule
[Adopted 8-23-1976 by L.L.No.2-1976;last amended
114-2004 by L.L.No.9-2004,1 effective 1-1-20051
The rate charged for water consumption shall be $3.44 per 1,000 gallons. This rate is equal
to $2.58 per 100 cubic feet. The foregoing rate will be the rate charged for all regular quarterly
bills sent after January 1,2005. Actual or base consumption may occur prior to January 1,2005.
Notwithstanding the foregoing rates, the following minimum base charges shall be
applicable to the meter size indicated below for regular quarterly bills issued on and after
January 1,2005.The table below also shows the amount of water consumption that is permitted
before the minimum base charge would be exceeded:
Meter Size Base Consumption Minimum
inches (gallons) Charge
3/4 10,000 $34.40
1 30,000 $103.20
1-1/2 45,000 $154.80
2 90,000 $309.60
3 140,000 $481.60
4 200,000 $688.00
6 350,000 $1,204.00
Multiple housing and mobile home parks of over two dwelling units, using a master meter,
will be computed as follows: The quarterly master meter reading will be divided by the number
of dwelling units, and the water charge will be figured on this number as if the unit was
individually metered. The water charge will then be multiplied by the number of units on the
master meter, and this will be the billing rendered. If the calculation of the water consumed per
dwelling unit is less than the allowable consumption for a three-quarter-inch meter, then the
billing will be calculated by multiplying the number of units on the master meter times the
minimum charge for a three-quarter-inch meter [e.g., if there were 20 dwelling units on the
master meter, and total water consumption shown by the master meter was 100,000 gallons,the
billing would be $688 (20 units times $34.40) rather than $344 (100,000 gallons times
$3.44/1,000 gallons)].
The water application fee for each new application for water service shall be the charges for
new water connections charged by the Southern Cayuga Lake Intermunicipal Water
Commission, including application fees, meter charges, service tap fees, inspection fees,
I Editor's Note:This local law also stated that"Notwithstanding the provisions of the annexed water rate schedule,if there
are existing contracts between a bulk user and the Town pursuant to which the Town,for other considerations,agreed to
charge a water rate different than that required by the annexed schedule,the Town may continue to honor such contracts at
the rates therein prescribed or at such other rates as may be agreed to between the Town of Ithaca and the other contract
party. Nothing in this section shall preclude the Town if it deems it advisable,from charging said bulk user the rates that
would otherwise be required by this local law."
261 Attachment 1:1 01-01-2005
ITHACA CODE
accessory materials, installation costs, and any other fee or cost charged by the Southern
Cayuga Lake Intermunicipal Water Commission for connecting new water services.
An annual charge for each fire protection main serving a fire suppression system will be
billed along with the first quarterly water bill of the calendar year. The annual charge for this
service shall be $20 per diameter inch of the pipe supplying the fire suppression system or such
other amount as is charged by the Southern Cayuga Lake Intermunicipal Water Commission for
such systems. The pipe supplying the fire suppression system is the pipe needed to supply the
fire suppression system,installed downstream of the system control valve.
261 Attachment 1:2 01-01-2005
§ 271-3 ZONING: SPECIAL LAND USE DISTRICTS § 271-3
§271-3. Special Land Use District No. 1 (Wiggins). [Adopted 8-13-1984 by L.L. No.
3-1984]
A. WHEREAS:
(1) The Planning Board has extensively reviewed the proposed "La Tourelle"
development of Walter J. and Joyce Y. Wiggins at public hearings duly and
properly held during the Winter and Spring of 1984.
(2) On June 5, 1984, the project was granted final site plan approval by the Planning
Board.
(3) All necessary environmental reviews have been completed, after which it was
determined that the project would have no significant impact on the environment.
(4) The Planning Board has determined that:
(a) There is a need for the proposed use in the proposed location.
(b) The existing and probable future character of the neighborhood will not be
adversely affected.
(c) The proposed change is in -accordance with a comprehensive plan of
development in the Town.
(5) The Planning Board has recommended that the Zoning Ordinance be amended to
permit this development as proposed and reviewed.
B. NOW THEREFORE BE IT RESOLVED:
(1) That Article II, Section 1, of the Town of Ithaca Zoning Ordinance be and hereby
is amended by adding to the permissible districts itemized in said section a district
designated as "Special Land Use District No. 1."
(2) In the event that the Town should further amend the Zoning Ordinance by adding
to the list of permitted districts a Special Limited Mixed Use District, the district
described by this section shall be designated as such a Mixed Use District.
(3) The uses permitted in this Special Land Use District are:
(a) Any use permitted in a Medium-Density Residential Zone. [Amended
12-13-2004 by L.L.No. 11-2004]
(b) The operation of a hotel or motel to be used as a bed-and-breakfast inn, with
site plan approval by the Planning Board.
(c) The existing construction and use of that portion of the premises now used
and occupied as the L'Auberge du Cochon Rouge Restaurant and the Barn
Apartments as shown on the final site plans and/or the survey map of "A
Portion of the Lands of Walter J. and Joyce Y. Wiggins," dated July 3, 1984.
4. Editor's Note: Numbering refers to the Zoning Ordinance as it existed in 1984,when this section was adopted. See
now§270-6.
271:3 01-01-2005
§ 271-3 ITHACA CODE § 271-3
(d) A spa facility, attached to a hotel or motel, as defined and limited in
§ 271-313(5)(a)[6] below. [Added 12-13-2004 by L.L. No. 11-20041
(4) This Special Land Use District includes all lots and area requirements of the
Medium-Density Residential Zone except as modified below: [Amended
12-13-2004 by L.L.No. 11-2004]
(a) Side yards may not be less than 30 feet.
(b) Spaces between buildings. The distance between any two structures shall be
no less than the average height of both, except that a shorter distance may be
allowed if the resulting space is to be used and maintained as a fire lane.
(c) Height. No structure shall be greater than 55 feet from the lowest point at
grade to the highest point on the roof line.
(d) Stories: No more than two stories. However, as many as four dwelling units
may be constructed in the basement of the first phase of the development.
(5) Notwithstanding the provisions of Subsection B(3), above, the following particular
covenants and restrictions shall govern the use of the lands in this Special Land
Use District No. 1, otherwise known as "La Tourelle, A Bed and Breakfast Inn."
(a) The only new construction and use permitted in the above district shall be a
hotel or inn containing no more than 80 units for guests, and the following
additional facilities, all of which construction may occur in phases:
[Amended 11-10-1988 by L.L. No. 11-19881
[1] Tennis courts, enclosed or otherwise.
[2] Swimming pools (for guests of the inn).
[3] Cabanas or other similar accessory structures related to tennis courts
and swimming.
[4] Pond or other body of water.
[5] Restaurant or other food service establishment.
[6] Spa facility of not more than 5,000 square feet of total interior floor
area, open to hotel guests and the general public, consisting of. [Added
12-13-2004 by L.L. No. 11-20041
[a] Spaces for one or more of the following activities: massages,
facials, manicures, pedicures, hair care, and tanning;
[b] Related lounges, locker rooms, showers, saunas, steam baths, and
wading pool;
[c] Shop (not more than 100 square feet in size) for the sale of spa
therapeutic and aesthetic products; and
[d] Other facilities related to the spa activities authorized above.
271:4 01 -01-2005
§ 271-3 ZONING: SPECIAL LAND USE DISTRICTS § 271-3
(b) The exterior design, specifications, and plans for the buildings and other
improvements to be constructed on the premises and the development of the
grounds and construction of all outside facilities including lighting and signs
shall be limited to those shown on the final site plan approved by the
Planning Board, June 5, 1984, and subsequent amendments thereto approved
by the Planning Board, and on other designs, architects' drawings, plans, and
other documents submitted to and approved by the Planning Board, and shall
be in accordance with all such documents. [Amended 11-10-1988 by L.L.
No. 11-19881
(c) A building permit is required for the construction of any structure or building
on the premises included in the special land use district including
construction of parking areas, swimming pools, signs and outdoor lighting
facilities. Such permits shall not be issued until the Planning Board has
approved the design, specifications and site plan for such structures or
buildings. [Amended 11-10-1988 by L.L. No. 11-19881
(d) (Reserved)'
(e) No portion of the outside area of the Special Land Use District shall be used
for the service of food or beverages, nor any public assembly, nor dancing or
musical activities; except as follows:
[1] At any time subsequent to the adoption of this section the Town Board
may adopt regulations by resolution or by amendment of the Town
Zoning Law to implement the provisions of this section, which may
also include a requirement that the owner or his duly authorized
representative, obtain a special permit from a person designated by the
Town Board for that purpose to permit the use of portions of the
outdoors area in the immediate vicinity of the La Tourelle structure for
limited, temporary or occasional serving of food and beverage for the
guests of La Tourelle for special occasions such as weddings or other
social occasions. Such regulations shall be adopted only after a public
hearing has been held, notice of which has been published in the official
newspaper, at least five days prior to such hearing and written notice
thereof has been mailed or delivered personally to the owner of the
above project, or to his duly authorized representative, and to such other
owners of property, as the Town Board may direct. Until such time as
such regulations may be adopted, the lands may be used for the outdoor
activities,as described above, without a permit.
(f) No noise originating on the property contained in this Special Land Use
District (referred to in the Town of Ithaca Code now as a Planned
Development Zone) shall exceed the limits set forth in Town of Ithaca Code
§ 270-155 or in Town of Ithaca Code Chapter 184, whichever is more
restrictive. [Amended 12-13-2004 by L.L. No. 11-2004]
5. Editor's Note:Original Subsection 5(d),re:cooking facilities,was repealed 11-10-1988 by L.L.No.11-1988.
271:5 01 -01-2005
§ 271-3 ITHACA CODE § 2714
(g) Ingress and egress shall be through the driveway leading to State Highway
Route 96B past the restaurant as shown on the final site plan and survey map
dated July 3, 1984.
(h) All construction must comply with all applicable laws, codes, ordinances,
rules and regulations.
(i) These covenants may be enforced by the owner of any land lying within 500
feet of the boundaries of this district, and/or by the Town of Ithaca.
(j) The above restrictive covenants shall run with the land and shall be
incorporated in a document which shall be signed by the owner and recorded
in the Tompkins County Clerk's office. No portion of the building shall be
occupied or otherwise used unless a valid certificate of occupancy has been
issued.
(6) This Special Land Use District shall be added and hereby is added to the Official
Zoning Map of the Town of Ithaca at the location given in Schedule A below.
(7) In the event that any portion of this section is declared invalid by a court of
competent jurisdiction, the validity of the remaining portions shall not be affected
by such declaration of invalidity.
(8) The Town reserves for itself, its agencies, and all other persons having an interest,
all remedies and rights, to enforce the provisions of this section, including, without
limitation, actions for an injunction or other equitable remedy, or action and
damages, in the event the owner of the parcel covered by this section fails to
comply with any of the provisions thereof.
§2714. Special Land Use District No.2 (Sapsucker Woods). [Adopted 8-13-1984 by L.L.
No. 4-1984]
RESOLVED:
That the Town Board of the Town of Ithaca enact and hereby does enact this section to
amend the Zoning Ordinance of the Town of Ithaca to permit the 14 existing buildings
located at 108 through 230 Sapsucker Woods Road, Town of Ithaca Tax Parcels No.
6-70-10-3.12 through 6-70-10-3.25, owned by Rocco Lucente and more particularly
described in Schedule A of this section, ` to be modified to permit the conversion of each
existing building to no more than four dwelling units subject to the following terms and
conditions:
A. Zone designation of area. The area covered by this section shall remain Residence
District R-15 and all provisions of the Town Zoning Ordinance, as amended, shall
govern, except as otherwise modified by this section or any law or ordinance adopted
pursuant thereto.
6. Editor's Note:Said Schedule A is included at the end of§2714.
271:6 01-01-2005
§ 2714 ZONING: SPECIAL LAND USE DISTRICTS § 2714
B. Conversion of dwelling units. Each of the 14 buildings may be converted into no more
than four dwelling units, consisting specifically of two two-bedroom dwelling units and
two one-bedroom dwelling units, as more particularly shown on the final building plan
and final site plan approved by the Planning Board and subject to any other requirements
of the Planning Board, and the Town Board.
C. Conversion period.
(1) The conversion of the 14 structures must be completed within five years of the
adoption of this section. Any structure which has not been converted within this
five-year period may not be later converted or remodeled to contain more than two
dwelling units and the present owner, Rocco Lucente, or any of his successors,
distributees, assigns, or other transferees, shall have waived and surrendered any
prior right to rent and he or they are specifically prohibited from renting, such
building to a greater number of occupants, including unrelated occupants, than is
allowed in a Residence District R-15 for two-family houses, under the current
provisions of the Town Zoning Ordinance as of the date of the adoption of this
section.
271:6.1 01-01 -2005
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.
L.L. No. Adoption 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 Ch. 234
amendment
7-2004 7-12-2004 Adoption of Code Ch. 1, Art. I
8-2004 Zoning Map amendment NCM
9-2004 114-2004 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
DL:1 01-01-2005
GENERAL CODE PUBLISHERS CORP.
INSTRUCTIONS
Town of Ithaca Code Supplement No.3
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
250:7—250:8 250:7—250:8
250 Attachment 1:1 - 1:6 250 Attachment 1:1— 1:4
250 Attachment 2:1 250 Attachment 2:1
DL:1 DL:1
Legislation,by number or date of adoption,included in this supplement: L.L.No. 1-2005.
03-15-2005
§ 250-16 VEHICLES AND TRAFFIC § 250-17
- Abby Road, during the period from 11:00 p.m. to 6:00 a.m. daily from May 1
through September 30 of each year.
(15) On both sides of Pleasant Grove Road from the Village of Cayuga Heights line to
the intersection with Forest Home Drive (Route 392).
(16) On both sides of Pine Tree Road from Route 366 southerly to the railroad
overpass.
(17) On the south side of Roat Street running westerly from Blackstone Avenue to the
terminus of Roat Street, during the hours of 1:00 a.m. to 6:00 a.m. daily.
(18) On both sides of Sharlene Drive from Snyder Hill Road to Eastern Heights Drive
during the hours of 1:00 a.m. to 6:00 a.m. daily.
(19) On both sides of Snyder Hill Road from the Town of Dryden line to the
intersection with Pine Tree Road.
(20) On both sides of Winthrop Drive from the easterly entrance to the Northeast
School parking lot northerly and westerly to the westerly entrance to the Northeast
School parking lot and on the northerly side of Winthrop Drive from the westerly
entrance to the Northeast School parking lot westerly to the intersection of
Winthrop Drive and Brandywine Road.
(21) On both sides of Pennsylvania Avenue from the City of Ithaca line southeast and
east approximately 2075 feet to the intersection of the west line of the unopened
paper street known as"Maryland Avenue"projected southerly across the full width
of Pennsylvania Avenue, which intersection is also the east line of Town of Ithaca
Tax Parcel Number 54.-6-7 projected southerly across the full width of
Pennsylvania Avenue. [Added 4-12-20041
(22) On both sides of Kendall Avenue from its intersection with Pennsylvania Avenue
southeast approximately 2100 feet to its intersection with a line drawn south
southwesterly from the southwest comer of Town of Ithaca Tax Parcel Number
54.4-19 to the northwest corner of Town of Ithaca Tax Parcel Number 54.-5-25.
[Added 4-12-20041
(23) On both sides of Clover Lane for its entire length. [Added 1-10-2005 by L.L. No.
1-2005]
§ 250-17. Stopping of motor vehicles.
The stopping of motor vehicles, other than in accordance with erected traffic control devices,
or as may be required by traffic conditions, is prohibited in the following locations:
A. Buttermilk Falls Road West in its entirety.
B. Buttermilk Falls Road East in its entirety.
250:7 03-15-2005
§ 250-18 ITHACA CODE § 250-23
§ 250-18. Stop signs.
The intersections enumerated on Schedule A annexed hereto are designated as stop
intersections and stop signs are ordered installed at the entrance to such intersections as set
forth on Schedule A.
§ 250-19. Yield signs.
The intersections set forth on the annexed Schedule B are designated as yield intersections
and yield signs are ordered installed at entrances to such intersections as set forth on Schedule
B.
§ 250-20. Penalties for offenses.
A. Any violations of §§ 250-10 and 250-11 shall constitute a traffic infraction and any
persons violating the same shall be deemed guilty of a traffic infraction and shall be
punishable by a fine of not more than $50 or by imprisonment for not more than 15 days
or by both such fine and imprisonment.
B. Failure to observe the signs erected in accordance with § 250-12 or 250-13. shall be
treated as a traffic infraction and shall be punished as set forth in the Vehicle and Traffic
Law of the State of New York.
§ 250-21. Authority to impound vehicles.
A. Any vehicle parked or abandoned on any highway within the Town of Ithaca that hinders
or impairs the ability of the personnel of the Town of Ithaca, or any other governmental
agency, to respond to a snowstorm, flood, fire or other occurrence to which a prompt
response is necessary or desirable, may be removed by the Town of Ithaca.
B. Any vehicle found unattended on any highway within the Town of Ithaca which
constitutes an obstruction to traffic may be removed by the Town of Ithaca.
C. Any vehicle parked or abandoned on any highway within the Town of Ithaca where
stopping, standing or parking is prohibited, may be removed by the Town of Ithaca.
§ 250-22. Storage and charges.
The Town of Ithaca may store any vehicle removed pursuant to § 250-15 in a suitable place at
the expense of the owner. The owner, or person in charge of the vehicle, may redeem the
same upon payment to the Town of Ithaca of the amount of all expenses actually and
necessarily incurred in effecting such removal.
§250-23. Notice of removal.
The Town of Ithaca shall report promptly the removal and disposition of any vehicle pursuant
to §§ 250-15 and 250-16 to the County Sheriff. The Town shall also ascertain, to the extent
250:8 03-15-2005
VEHICLES AND TRAFFIC
250 Attachment 1
Schedule A
Stop Intersections
[Adopted 4-12-199911
On Apple Blossom Lane at its intersection with Peachtree Lane [Added 3-8-20041
On Amber Lane at its intersection with Seven Mile Drive [Added 3-8-20041
On Birchwood Drive at Salem Drive
On Birchwood Drive North at Salem Drive
On Blackstone Avenue at Christopher Lane
On Blackstone Avenue at Roat Street,northbound approach
On Blackstone Avenue at Roat Street,southbound approach
On Brandywine Drive at Winthrop Drive [Added 1-10-2005 by L.L.No. 1-20051
On Brandywine Drive at Christopher Lane
On Briarwood Drive at Birchwood Drive
On Briarwood Drive at Birchwood Drive North
On Burleigh Drive at Uptown Road [Added 1-10-2005 by L.L.No.1-20051
On Burns Way at its southbound approach to the intersection with Burns Road [Amended 1-
10-2005 by L.L.No. 1-20051
On Caldwell Road at its north intersection with Campus Road[Added 104-19991
On Caldwell Road at its south intersection with Campus Road[Added 104-19991
On Caldwell Road at Forest Home Drive [Added 10-4-19991
On Campbell Avenue at Brookfield Road [Added 1-10-2005 by L.L.No. 1-20051
On Christopher Circle(east end)at Christopher Lane
On Christopher Circle(west end)at Christopher Lane
On Concord Place at Burleigh Drive
On Coy Glen Road at Elm Street Extension
On Culver Road at Poole Road
On Deerfield Place at Salem Drive
On Deerfield Place at Winston Drive
On Dove Drive at its easterly intersection with Snyder Hill Road
'Editor's Note:Stop intersections were repealed on the following dates:3-8-2004; 1-10-2005 by
L.L.No.1-2005.
250 Attachment 1:1 03-15-2005
ITHACA CODE
On Dove Drive at its westerly intersection with Snyder Hill Road
On Drew Road at Woodgate Lane
On Eastern Heights Drive at Sharlene Drive,eastbound approach
On Eastern Heights Drive at Sharlene Drive,westbound approach
On Eldridge Circle at its intersection with Southwoods Drive [Added 3-8-20041
On Elm Street Extension at Poole Road
On Forest Home Drive at Caldwell Road
On Forest Home Drive at Judd Falls Road,eastbound approach
On Forest Home Drive at Judd Falls Road,westbound approach
On Glenside Road at Coy Glen Road
On Grove Road at Woolf Lane
On Hackberry Lane at Coy Glen Road
On Haller Boulevard at Elm Street Extension
On Harris B. Dates Drive at its intersection with the entrance road to Cayuga Medical Center
[Amended 7-12-2004 by L.L.No.7-20041
On Harris B.Dates Drive at its intersection with Indian Creek Road
On the westerly extension of Hams B. Dates Drive (extending westerly to the Professional
Building Drive)at its intersection with the north-south portion of Harris B.Dates Drive
On Harwick Road at Honness Lane
On Harwick Road at Strawberry Hill Circle [Added 1-10-2005 by L.L.No. 1-2005]
On Harwick Road at Wildflower Drive
On John Street at Park Lane
On Judd Falls Road at Arboretum Road
On Judd Falls Road at Campus Road,northbound approach
On Judd Falls Road at Campus Road, southbound approach
On Judd Falls Road(north end)at Forest Home Drive [Added 1-10-2005 by L.L.No. 1-20051
On Judd Falls Road at Tower Road,northbound approach
On Judd Falls Road at Tower Road,southbound approach
On LaGrand Court at Chase Lane
On Landmark Drive at Park Lane
On Lexington Drive East at Burleigh Drive
On Lexington Drive West at Burleigh Drive
On Lisa Place at Lisa Lane
On Lisa Lane at Texas Lane
250 Attachment 1:2 03-15-2005
VEHICLES AND TRAFFIC
On Longview Drive at Poole Road
On Maplewood Drive at Pinewood Drive
On Maplewood Drive at Salem Drive
On Marcy Court at Whitetail Drive
On McIntyre Place at Forest Home Drive
On McIntyre Place at Judd Falls Road
On Orchard Street at Roat Street
On Park Lane at Tudor Road,both approaches
On Peachtree Lane at Seven Mile Drive [Added 3-8-20041
On Penny Lane at Lois Lane,eastbound approach [Amended 1-10-2005 by L.L.No. 1-20051
On Pheasant Lane at Dove Drive,eastbound approach
On Pheasant Lane at Dove Drive,westbound approach
On Pinewood Place at its intersection with Birchwood Drive South[Added 3-5-20041
On Poole Road at Elm Street Extension [Added 1-10-2005 by L.L.No. 1-20051
On Regency Lane at Snyder Hill Road
On Renwick Heights Road at Renwick Drive
On Rosehill Road at Muriel Street
On Rosehill Road at Winston Drive
On St. Catherine Circle at Blackstone Avenue
On St. Catherine Circle at Siena Drive
On Sanctuary Drive at Sapsucker Woods Road
On Sandra Place at Winthrop Drive
On Saranac Way at its north intersection with Whitetail Drive
On Saranac Way at its south intersection with Whitetail Drive
On Simsbury Drive at Brandywine Drive
On Sky-Vue Road at Snyder Hill Road
On Stone Quarry Road at King Road West
On Strawberry Hill Road at Wildflower Drive
On Sugarbush Lane at Snyder Hill Road
On Sunnyview Lane at Terraceview Drive
On Sycamore Drive at Pinewood Drive
On Sycamore Drive at Salem Drive
On Tareyton Drive at Rosehill Road,northbound approach
250 Attachment 1:3 03-15-2005
ITHACA CODE
On Tareyton Drive at Rosehill Road,southbound approach
On Terraceview Drive at Honness Lane
On Terraceview Drive at Towerview Drive,southeastbound approach
On Teton Court at Whitetail Drive
On Tudor Road at Park Lane
On The Byway at its easterly intersection with Forest Home Drive
On The Byway at its westerly intersection with Forest Home Drive
On Townline Road at Sandbank Road
On Valley View Road at Elm Street Extension
On Vera Circle at its northerly intersection with Woodgate Lane
On Vera Circle at its southerly intersection with Woodgate Lane
On West Haven Road at Elm Street Extension
On Westview Road at Towerview Drive,northwestbound approach
On Wildflower Drive at Honness Lane
On Winston Court at Salem Drive
On Winston Court where the easterly end of the southerly portion of Winston Court running
east and west intersects the easterly portion of Winston Court running north and south
On Winston Court where the southerly portion of Winston Court running east and west
intersects the westerly portion of Winston Court running north and south
On Winston Court at the northerly end of the middle portion of Winston Court which runs north
and south
On Winston Court at the southerly end of the middle portion of Winston Court which runs
north and south
On Winston Court at Winston Drive
On Winston Drive at Salem Drive
On Whitetail Drive at its northerly intersection with Saranac Way, eastbound approach [Added
10-4-1999]
On Whitetail Drive at Teton Court,westbound approach [Added 10-4-19991
On Woodgate Lane at Poole Road
On Wyckoff Road at Renwick Drive
250 Attachment 1:4 03-15-2005
VEHICLES AND TRAFFIC
250 Attachment 2
Schedule B
Yield Intersections
[Adopted 4-12-19991
On the access road leading behind the Biggs Complex and Cayuga Medical Center at both of its
intersections(northerly and southerly)with Harris B. Dates Drive [Amended 7-12-2004 by
L.L.No.7-20041
On Blackstone Avenue at Siena Drive
On Brandywine Drive at Winthrop Drive
On Eastern Heights Drive at Joanne Drive
On Elm Street Extension at Culver Road
On Grove Place at Grove Road
On Hickory Place at Juniper Drive
On Hickory Place at Pineview Terrace
On Kendall Avenue at Pennsylvania Avenue
On Landmark Drive at Eastern Heights Drive
On the westerly branch of Northview Road at its southerly approach to the easterly branch of
Northview Road
On Orchard Street at Roat Street
On Penny Lane at Lois Lane,westbound approach [Amended 1-10-2005 by L.L.No. 1-2005]
On Pinewood Place at Birchwood Drive North
On Pineview Terrace at Juniper Drive
On Sharlene Road at Snyder Hill Road
On Sharlene Road at Tudor Road
On Sunnyhill Lane at Harwick Road [Repealed 1-10-2005 by L.L.No. 1-2005)
250 Attachment 2:1 03-15-2005
GENERAL CODE PUBLISHERS CORP.
INSTRUCTIONS
Town of Ithaca Code Supplement No.4
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
59:1
148:1 - 148:9 148:1- 148:8
153:1 - 153:2 153:1 -153:2
153:9--153:10 153:9-153:10
270:17—270:20 270:17—270:20
270:117—270:120 270:117—270:120
270:120.1
270:125—270:126 270:125—270:126
270:126.1 —270:126.5
271:17—271:18 271:17—271:18
271:18.1
DL:1 DL:1
Index Pages 1 —21 Index Pages 1 —21
Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 2-2005; 3-
2005;4-2005; 5-2005;6-2005.
08-01-2005
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 chapter
forms an autonomous unit. The fust page of each chapter is the number of that chapter
followed by a colon and the numeral "1." Thus, Chapter 6 begins on page 6:1. By the use
of this system, it is possible to add or to change pages in any chapter, or add new chap-
ters,without affecting the sequence of subsequent pages.
v 09-01-2005
ITHACA CODE
PART I: ADMINISTRATIVE LEGISLATION
General Provisions....................................................................... 1:1
Article I—Adoption of Code
Appearance Tickets......................................................................9:1
Banking Transactions................................................................. 14:1
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............................................................73:1
Terms of Office.......................................................................... 84:1
Article I,Supervisor
TownBoard............................................................................... 89:1
PART II: GENERAL LEGISLATION
AdultUses................................................................................ 100:1
Agricultural Assessments......................................................... 104:1
Animals.................................................................................... 112:1
Article I—Dog Control and Licensing .
Bingo........................................................................................ 121:1
Building Construction and Fire Prevention............................. 125:1
Vi
08-01-2005
TABLE OF CONTENTS
Buildings,Unsafe......................
............................................... 129:1
Environmental Quality Review................................................ 148:1
Fees....................
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 H—Construction and Repair of Sidewalks
Subdivision of Land.................................................................234:1
V11 08-01-2005
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
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 09-01-2005
Chapter 59
PUBLIC WORKS DEPARTMENT
§59-1.Creation of Public Works §59-3.Additional responsibilities.
Department. §594.Administrative Head.
§59-2.Transfer of Highway Department
functions to Public Works
Department.
[HISTORY: Adopted by the Town Board of the Town of Ithaca 4-11-2005 by L.L. No.
2-2005.Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance—See Ch.205. Streets and sidewalks—See Ch.230.
§ 59-1. Creation of Public Works Department.
Pursuant to New York State Town Law §64 (21-a), there is hereby created in the Town of
Ithaca a Public Works Department.
§59-2. Transfer of Highway Department functions to Public Works Department.
The functions of the Highway Department of the Town of Ithaca are hereby transferred to the
Public Works Department.
§59-3. Additional responsibilities.
The Public Works Department responsibilities shall include, in addition to the Highway
Department functions, the responsibilities for the construction, improvement, repair, care, and
maintenance of the Town's parks, bridges, sidewalks, walkways, sluices, waterways, culverts
for drainage, water and sewer systems and stormwater management. The Public Works
Department shall have such other responsibilities as the Town Board may determine, not
inconsistent with law,by resolution or local law adopted from time to time.
§594. Administrative Head.
The appointed Town Highway Superintendent shall be the administrative head of the Public
Works Department and shall hold office as such administrative head for the terms set forth in
Town Law § 64 (21-a).
59:1 08-01-205
Chapter 148
ENVIRONMENTAL QUALITY REVIEW
§ 148-1. Purpose. §148-11.Conditioned negative
§ 148-2. Definitions. declaration of environmental
•
§ 148-3. Classification of actions. significance.
§ 148-4. Administration. § 148-12.Positive declaration of
environmental significance.
§ 148-5. Type I actions. § 148-13.Time limits.
§ 148-6. Type II actions. § 148-14.Public hearings.
§ 148-7. Required forms; initial review. § 148-15.Fees.
§ 148-8. Lead agency. § 148-16. Critical environmental areas.
§ 148-9. Determination of environmental § 148-17.Actions involving federal
significance.
agencies.
§148-10.Negative declaration of
environmental significance.
[HISTORY: Adopted by the Town Board of the Town of Ithaca 4-11-2005 by L.L. No.
3-2005.1 Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Board—See Ch.23. Subdivision of land—See Ch.234.
Flood damage prevention—See Ch.157. Zoning—see Ch.270.
Freshwater wetlands—See Ch.161.
§ 148-1. Purpose.
A. The purpose of this chapter is to implement, for the Town of Ithaca, the State
Environmental Quality Review Act (SEQRA)Z and the provisions of 6 NYCRR Part 617
as hereinafter defined.
1. Editor's Note:This local law also repealed former Ch.148,Environmental Quality Review,adopted 4-11-1988 by LJ-
No.5-1988.
2. Editor's Note:See Environmental Conservation Law$&0101 et seq.Also,in addition to the tort below,this local law
also provided the following:This chapter shall apply to all actions proposed to be carried out by the Town that are
pending before the Town Board as of the effective date of this chapter,to all applications for approvals,permits,or
funding submitted on or after 1he effective date,and to incomplete applications submitted prior to the effective date.
If a completed application is submitted prior to the effective date and It such application is diligently prosecuted to
completion,the application shall be governed by the provisions of Chapter 148 that were in effect immediately prior
to the effective date.For the purposes of this section only,an application shall be deemed"completed"if it contains
all required information, forms, materials and fees normally and reasonably required by the lead agency and
involved agendes.An application shall be deemed "diligently prosecuted to conclusion" if the applicant promptly
responds to any inquiries and promptly supplies any additional information reasonably required by the lead agency
and/or involved agencies,appears at all required scheduled public hearings,and otherwise cooperates so as to permit
and enable the lead agency and/or involved agencies to adequately and completely review the application and
complete the SEQRA process on same within a reasonable period of time of its submission.
148:1 08-01-2005
§ 148-1 ITHACA CODE § 148-2
B. The intent of the State Environmental Quality Review Act and this chapter is to provide
a procedural framework for the inclusion of environmental considerations into the local
decision-making process at the earliest possible time and for the mitigation of negative
environmental impacts.
C. It is the purpose of this chapter that a suitable balance of social, economic, and
environmental factors be incorporated into the planning, review and decision-making
processes of the Town of Ithaca. It is not the intention of SEQRA and this chapter that
environmental factors be the sole or, necessarily, controlling consideration in the
decision-making process.
§ 148-2. Definitions.
A. The words used in this chapter shall have the same meaning as such words are defined in
Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617.2 as the same
may be amended from time to time, unless the context requires a different meaning.
B. The following terms shall have the following meanings:
D/EIS— Draft environmental impact statement.
EAF— Full Environmental assessment form.
EIS— Environmental impact statement.
PART 617— Volume 6 of the New York Codes, Rules and Regulations Part 617 (6
NYCRR 617).
S/BAF— Short environmental assessment form.
SEQRA— The State Environmental Quality Review Act as set forth in Article 8 of the
Environmental Conservation Law.
TOWN— The Town of Ithaca.
WETLAND— Any area designated as a freshwater wetland by the New York State
Department of Environmental Conservation or Town of Ithaca, or included as being
within the palustrine system (labeled as "P") on the National Wetlands Inventory (NWI)
published by the U.S. Fish and Wildlife Service, except those identified on the NWI as
being diked, impounded, or excavated (i.e., labeled with special modifiers "h" or"x").
C. The following terms shall be defined and have the meaning as set forth in 6 NYCRR
617.2: "actions"; "Type I action"; "Type H action"; "unlisted action"; "lead agency";
"involved agency"; "critical environmental area." Unless otherwise specifically provided
herein, any other term defined in Part 617 and used in this chapter shall have the same
definition as is set forth in Part 617.
148:2 08-01-2M
§ 148-3 ENVIRONMENTAL QUALITY REVIEW § 148-4
§ 148-3. Classification of actions.
All actions may be classified as set forth in Subsections A through C below, and as are
defined in 6 NYCRR 617.2.
A. Type II: actions which have been determined legislatively not to have a significant effect
on the environment, consisting of actions listed in 6 NYCRR 617.5 or in § 148-6 of this
chapter;
B. Type I: actions which are more likely to require preparation of an environmental impact
statement, consisting of actions listed in 6 NYCRR 617.4, in § 148-5 of this chapter, or
in any similar listing adopted by an involved agency;
C. Unlisted: actions not otherwise listed as Type I or Type II actions but which require
environmental significance to be determined.
§ 148-4. Administration.
A person or department of the Town of Ithaca designated by the Town Board shall:
A. Aid in determining whether the proposed action is Type II, using the strictest
interpretation of Part 617 and this chapter. Where any doubt exists, such determination
shall be referred to the lead agency as designated under the provisions of§ 148-8 of this
chapter and to the Town Board in all other cases.
B. Aid in designating the lead agency and make recommendations therefor.
C. Perform preliminary review of all applications, EAFs, S/EAFs, D/BISs, EISs and
supporting documents to determine probable sufficiency as to scope, form and content.
D. Require that the applicant complete an EAF if:
(1) Any question in Part II of the S/EAF has been answered "Yes" [except Part II(B)];
(2) The scope of proposal requires more detail; or
(3) In the first instance, if the S/BAF would not provide the lead agency with
sufficient information on which to base its determination of significance.
E. Aid the applicant with any questions concerning forms or the environmental review
process.
F. Determine whether applications, including all pertinent environmental documents, appear
to be sufficient; and forward'such application materials to the appropriate Town lead
agency with a recommendation concerning environmental significance within a
reasonable time to allow for review at the Town lead agency meeting at which the
application is scheduled to be considered.
G. Assist agencies and applicants to identify other agencies, including federal and state
agencies, that may be involved in the approving, funding or carrying out of Type I and
unlisted actions. The burden for determining other involved agencies shall nevertheless
rest solely on the applicant.
148:3 09-01-2005
§ 148-4 ITHACA CODE § 148-5
H. Assist in the scoping of the D/EIS (when a Town agency is either a lead agency or an
involved agency.)
§ 148-5. Type I actions.
In addition to those actions listed in 6 NYCRR 617.4, the following are hereby designated as
Type I actions,except when listed as Type H actions in 6 NYCRR 617.5:
A. Any of the following changes in the uses allowed by local law, ordinance, rule,
regulation, special permit, variance or otherwise, within any zoning district or districts
which result in such change in use applying to a parcel or parcels of land of 10 or more
acres in the district or districts:
(1) Authorization of industrial or commercial uses within a residential or agricultural
district;
(2) Authorization of residential uses within an agricultural district.
B. The construction of new residential units which meet or exceed the following thresholds:
(1) Ten units not to be connected (at commencement of habitation) to community or
publicly owned utilities;
(2) Thirty units to be connected (at the commencement of habitation) to community or
publicly owned utilities.
C. The construction, alteration, or demolition of nonresidential facilities which meet or
exceed any of the thresholds set forth in Subsection C(1) through (4) below, or the
expansion of an existing nonresidential facility by more than 500 of any such thresholds:
(1) An action which involves the physical alteration of ten (10) acres;
(2) An action which would use ground- or surface water in excess of 100,000 gallons
per day;
(3) Parking for 100 vehicles; or
(4) A facility with more than 25,000 square feet of gross floor area.
D. Any unlisted action which takes place in, or within 250 feet of, any critical
environmental area designated by a governmental agency pursuant to 6 NYCRR
617.14(g).
E. Any facility, development or project which is to be located in, or immediately adjacent
to, a designated wetland.
F. Mining of more than 2,500 cubic yards of minerals removed from.the earth within 12
successive calendar months. The definition of mining and minerals shall be the same as
that in the New York State Mined Land Reclamation Law, found at §23-2705,
Subdivisions 7 and 8, of the Environmental Conservation Law.
148:4 08-01-2005
§ 148-5 ENVIRONMENTAL QUALITY REVIEW § 148-9
G. Any facility, development or project which would generate more than 2,000 vehicle trips
per any twenty-four-hour period.
H. Any facility, development or project which, when completed, would generate dual-wheel
truck traffic of more than 10 vehicles per any eight-hour period per day.
I. Any facility, development or project which would exceed New York State or federal
ambient air quality standards, whichever is more restrictive.
J. Any facility, development or project which would exceed New York State or federal
water quality standards,whichever is more restrictive.
§ 148-6. Type II actions.
In addition to those actions listed in 6 NYCRR 617.5, the following is hereby designated as a
Type II action: all tree planting, landscaping, and trimming by the Town of Ithaca Highway
Department.
§ 148-7. Required forms; initial review.
A. All actions, as defined in 6 NYCRR 617.2(b), to be carried out, funded or approved by
any agency, board,body, or officer of the Town shall require the preparation of:
(1) An EAF if a Type I action or if an unlisted action where a S/EAF would not
provide the lead agency with sufficient information on which to base its
determination of significance.
(2) A S/EAF for all other unlisted actions. If any question on Part II of a S/EAF is
answered "Yes" [except Part II(B)], or if the lead agency or person designated
pursuant to § 148-4 of this chapter deems that more detailed information is needed,
an EAF is required.
B. All application materials shall be submitted at least thirty (30) calendar days prior to the
meeting of the lead agency at which the application is scheduled to be heard. Said time
period may be modified by the designated person or department referred to in § 148-4 of
this chapter.
§ 148-8. Lead agency.
The lead agency shall be determined pursuant to the provisions of 6 NYCRR 617.6.
§ 148-9. Determination of environmental significance.
A. After being duly designated, the lead agency shall make a determination of
environmental significance pursuant to Part 617. All determinations by the lead agency
shall be by resolution duly adopted by the lead agency.
B. Such determination of environmental significance shall be one of the following:
148:5 08-01-200S
§ 148-9 ITHACA CODE § 148-12
(1) Negative declaration of environmental significance. Upon a determination having
been made and filed that the proposed action will not have a significant adverse
impact on the environment, the action shall be processed without further regard to
SEQRA, Part 617, or this chapter.
(2) Conditioned negative declaration of environmental significance. In regard to
unlisted actions only, upon a determination having been made, filed and published
that the action, as initially proposed, may result in one or more significant adverse
environmental impacts,but that mitigation measures, identified and required by the
lead agency pursuant to the procedures in Part 617, will modify the proposed
action so that no significant adverse environmental impacts will result, the action
will be processed as a negative declaration; provided, however, that no comments
are received during the public comment period which would require the
submission of a D/BIS pursuant to 6 NYCRR 617.7(d)(1) and (2). A conditioned
negative declaration can only be given for an unlisted action and must follow the
requirements of 6 NYCRR 617.7(d).
(3) Positive declaration of environmental significance. Upon a determination having
been made and filed that the proposed action may have a significant adverse
impact on the environment, the applicant, all other involved agencies, and other
persons shall be notified in accordance with 6 NYCRR 617.12 that a D/BIS is
required.
§ 148-10. Negative declaration of environmental significance.
A negative declaration of environmental significance shall be prepared, filed and distributed
as prescribed in 6 NYCRR 617.12(b) and, where applicable, published as prescribed in 6
NYCRR 617.12(c).
§ 148-11. Conditioned negative declaration of environmental significance.
A notice of conditioned negative declaration of environmental significance shall be prepared,
filed and published in the environmental notice bulletin pursuant to 6 NYCRR 617.12(b) and
617.12(c). The notice shall state that the conditioned negative declaration has been issued,
what conditions have been imposed and the length of the comment period established by the
lead agency. In no case shall the comment period be less than 30 days. Notwithstanding the
above, the conditioned negative declaration must be rescinded, and a D/EIS shall be prepared
if any of the conditions set forth in 6 NYCRR 617.7(d)(2) are met within the public comment
period. Conditioned negative declarations may also be amended or rescinded pursuant to 6
NYCRR 617.7(e) and (f).
§ 148-12. Positive declaration of environmental significance.
A. If the lead agency makes a positive declaration of environmental significance, thus
requiring that a D/EIS be prepared,the matter shall be processed as provided in Part 617.
B. In the case of an application for approval or funding, the D/BIS shall be prepared by the
applicant or by the agency, at the option of the applicant. The applicant shall notify the
148:6 08-01-2005
§ 148-12 ENVIRONMENTAL QUALITY REVIEW § 148-14
agency within 30 days of the filing of the notice of positive declaration as to whether the
applicant or the agency shall prepare the D/EIS. If the applicant does not elect to prepare
the DIMS, the agency shall prepare it, cause it to be prepared, or terminate its review of
the proposed action. Upon receipt of the D/EIS, the lead agency shall determine by
resolution whether to accept the D/EIS as satisfactory as to scope and content.
C. Upon the adoption by the lead agency of a resolution to accept the D/EIS, the lead
agency shall file a notice of completion of the D/BIS in accordance with the requirements
provided in 6 NYCRR 617.12.
D. All time limits applicable to the processing of a D/EIS and EIS shall commence to run
on the date of filing of the notice of completion of the D/EIS.
§ 148-13. Time limits.
A. An application shall be deemed received for the purposes of 6 NYCRR 617.6(a) when
the lead agency has deemed the application, along with pertinent environmental forms,to
be complete.
B. The SEQRA process for an application for a permit or funding shall be deemed complete
when,as is appropriate in each case, one of the following events occurs:
(1) The action has been determined to be a Type II action.
(2) A negative declaration of environmental significance has been issued and such
declaration has been filed pursuant to 6 NYCRR 617.12.
(3) A conditioned negative declaration of environmental significance has been issued
and such declaration has been duly filed and published pursuant to Part 617;
provided that no comments have been received within the comment period that
would require the submission of a D/EIS pursuant to 6 NYCRR 617.7(d).
(4) A written findings statement on a final EIS has been approved and filed pursuant
to 6 NYCRR 617.11 and 617.12.
§ 148-14. Public hearings.
Public hearings on the D/EIS are not required but, if held, shall be held concurrently with any
hearings required to be held by the lead or other involved agencies to the fullest extent
practicable. The decision as to whether to hold a public hearing on the D/BIS will be made
pursuant to the guidelines in 6 NYCRR 617.9(a)(4). For purposes of.coordinating public
hearings on a D/EIS and other required public hearings, the lead agency may, in its sole
discretion, determine that an application for funding or approval shall be deemed complete
upon the acceptance by the lead agency of a D/EIS as satisfactory with respect to scope,
content, and adequacy.
148:7 08-01-2005
§ 148-15 ITHACA CODE § 148-17
§ 148-15. Fees.
The fees for review or preparation of a D/EIS or EIS involving an applicant for approval or
funding of an action shall be determined by the lead agency for each such application. The
fees shall be based on the actual cost to the Town for reviewing or preparing the D/EIS or
EIS, including the cost of hiring consultants, the salary time of Town employees and actual
disbursements incurred as a result of the review or preparation of the EIS, but in no event
shall the fees be greater than those established in 6 NYCRR 617.13.
§ 148-16. Critical environmental areas.
Critical environmental areas may be designated by the Town Board pursuant to 6 NYCRR
617.14(g).
§ 148-17. Actions involving federal agencies.
Environmental review of actions involving a federal agency shall be processed in accordance
with 6 NYCRR 617.15.
148:8 08-01-2005
Chapter 153
FEES
§153-1. Purpose. §153-9. Sign permits.
§153-2. Fees and charges established. §153-10. Zoning,subdivision,SEQRA,
§153-3. Town Clerk: licenses and Zoning Board of Appeals,and
searches. development application fees.
§153-4. Town Clerk: Freedom of §153-11.Town of Ithaca Fee Schedule.
Information Law. §153-12.Fill permits.
§ 153-5. Town Clerk: miscellaneous fees. §153-13.Fees in lieu of recreational land
§ 153-6. Building and foundation permit reservation.
fees. § 153-14.Amendments.
§153-7. Certificates of occupancy. § 153-15.Transition provisions.
§ 153-8. Operating permits and certain
inspections.
[HISTORY: Adopted by the Town Board of the Town of Ithaca 5-10-2004 by L.L. No.
5-2004.1 Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention—See Ch.125. Subdivision of land—See Ch.234.
Signs—See Ch.221. Zoning—See Ch.270.
§ 153-1. Purpose.
A. The purposes of this chapter include the following:
(1) To revise the fees charged by the Town for various activities regulated by the
Town or for various services performed by the Town, including fees for permits
and licenses issued by the Town Clerk, fees for permits or certificates issued by
the Building Code and Zoning Enforcement Officer, Town Engineer, Town
Planner, and other Town officials, and the fees for processing applications for
variances, approvals, and similar matters requiring publication or board action; and
(2) To establish fees for other services, which fees have not been previously charged;
and
(3) To amend or repeal provisions of other Town laws, ordinances or resolutions
dealing with fees that are superseded by the enactment of this chapter.
B. To the extent that this chapter contains provisions inconsistent with any prior local law,
ordinance or resolution of the Town of Ithaca, the provisions of this chapter shall govern.
1. Editor's Note:This chapter also repealed former Ch.153,Fees,adopted 12-3-1994 by L.L.No.10-1994,as amended
153:1 08-01-2005
§ 153-2 ITHACA CODE § 153-4
§ 153-2. Fees and charges established.
The following fees and charges are established in the Town of Ithaca for the following
permits, licenses, services, applications and other matters set forth below.
§ 153-3. Town Clerk: licenses and searches.
The following fees are established in the Town of Ithaca for licenses and searches.
A. Fee for marriage license together with certificate of marriage issued in conjunction with
marriage license pursuant to §§ 15 and 14-a of the Domestic Relations Law: $40.
B. Certificate of marriage pursuant to Domestic Relations Law § 14-a(2): $10.
C. Marriage transcript (duplicate certificate of marriage): $10.
D. Dog licenses pursuant to § 110 of the Agriculture and Markets Law (including the
portion of the fee payable to the state): $8.50 for spayed and neutered dogs; $16.50 for
unspayed and unneutered dogs.
E. Purebred licenses: $40 for 10 dogs or fewer; $75 for 11 to 25 dogs; $125 for more than
25 dogs.
F. Tax searches: $5 for one-year search.
§ 153-4. Town Clerk: Freedom of Information Law.
The following fees shall be charged by the Town Clerk for the provision of copies or other
items pursuant to the Freedom of Information Law or pursuant to any other law, rule or
regulation where no other fee or charge is specifically provided:
A. Copies generally.
(1) The Clerk shall upon request make a copy or copies of any record that is made
available and which can be copied on the Town of Ithaca copying equipment upon
the payment of $.20 per page after the first five pages (first five pages free) of a
letter- or legal-size document. All copies of pages larger than 8 1/2 inches by 14
inches up to 11 inches by 17 inches shall be at$.25 per page.
(2) Copies of CD's containing digital versions of certain Town documents, if made
available, shall be provided upon payment of$5 per CD.
(3) Copies of recorded cassette tapes, if made available, shall be provided upon
payment of$5 per tape.
(4) Any documents, tapes, maps, papers,aerial photos, etc. which cannot be copied in
the Town offices will be supplied to the requestor after payment of actual cost of
copying.
B. Copies of certain documents. Notwithstanding the foregoing, the Clerk shall provide
copies of certain documents (Zoning Ordinance, Noise Regulations, Comprehensive Plan,
153:2 09-01-2005
§ 153-11 FEES § 153-13
Application Type Fee
$1,000,001 to$2,500,000.99 $1,000
$2,500,001 to$5,000,000.99 $1,500
$5,000,001 to $10,000,000.99 $2,000
$10,000,001 to$20,000,000.99 $2,500
Over$20,000,000.99 $3,000
Projects with interior work only $250
Final site plan 50% of preliminary site plan fee
Rezoning/Zoning amendment $175, plus pertinent site plan
fees
Special approval/special permit $100.00
Area and use variances $100.00
Sign appeal $100.00
Additional meeting fees:
Agenda processing $30.00
Public hearing processing $50.00
Note: * Number of lots is the number that would exist after subdivision
§ 153-12. Fill permits.
Fill permits shall be issued only upon the payment by the applicant for same of the following
fee:
A. There shall be a fee of $100 for a fill permit issued by the Town Engineer pursuant to
Chapter 270, Zoning, §270-217. Additional fees, as specified in § 153-10 of this chapter,
may apply if Zoning Board of Appeals and/or Planning Board approval is necessary.
§ 153-13. Fees in lieu of recreational land reservation. [Added 411-2005 by L.L. No.
420052]
A. In the event the Planning Board requires that a sum of money is to be paid to the Town
in lieu of a parkland or recreational land reservation in connection with a subdivision or
site plan approval,the amount to be paid shall be the following amount:
(1) The assessed value as determined for real estate tax purposes of all of the land
included in the project,as shown on the most recently available assessment roll for
such lands on the date of final approval, multiplied by 10% (or such lesser
percentage as the Planning Board may determine if the:'demand for parklands
created by the proposed project warrants such lesser percentage).
2. Editor's Note:This local law also renumbered former J 1153-13 and 153-14 as$$153-14 and 153-15,respectively.
153:9 09-01-2005
§ 153-13 MIACA CODE § 153-15
(2) If the lands for the project have been acquired by the applicant during the period
two years prior to final subdivision or site plan approval by a bona fide
conveyance from an unrelated party for value, the price paid for such conveyance
shall be substituted for assessed value for the purposes of making the calculation
set forth in Subsection A(1) above.
B. The Planning Board may recommend to the Town Board a reduction in the amount of
the above sums if the Planning Board finds that special circumstances exist, causing the
amounts above to substantially exceed the reasonable value of the land that would
otherwise be reserved in the particular project under consideration. If the Town Board
concurs with such recommendation, the Town Board may reduce the payment to an
amount which more accurately reflects the value of land for which payment is being
made.
C. The sum set forth above shall be payable upon the earliest of the following:
(1) Thirty days after granting final site plan or subdivision approval; or
(2) The signing of a plan or plat by the Planning Board Chairperson evidencing
approval of same; or
(3) The filing of an application for a building permit for construction of one or more
structures in the project; or
(4) The sale, lease or other disposition of an individual lot by the developer.
D. No sums shall be payable in connection with lot line modifications or lot reconfiguration
where no new lots or dwelling units are created.
§ 153-14. Amendments.
The foregoing charges may be changed by local law.
§ 153-15. Transition provisions.
A. Site plan or subdivision review applications that are pending as of the effective date of
this chapter shall be subject to the following provisions. The fees in effect when the
application was filed shall apply to the pending stage of review (initial, preliminary, or
final). The fees set forth in this chapter shall apply to any further stages of review. Any
fee balance that exists after completion of the pending stage of review shall be applied
towards the fee for the next stage of review.
B. Projects that have completed the review process but are still under construction as of the
effective date of this chapter shall be billed for stormwater construction inspections for.
up to nine months after the effective date of this chapter. The stormwater construction
inspection fees shall be determined pursuant to the fee provisions that were in effect
when the review process was completed.
153:10 08-01-2005
§270-5 ZONING § 270-5
additional cubic,capacity. A mobile home may also be designed as two or more separately
towable components designed to be joined into one integral unit capable of again being
separated into the components for repeated towing. This definition excludes travel or camping
trailers towed by a motor vehicle and neither wider than eight feet nor longer than 32 feet.
Self-propelled motor homes, or modular housing which is not built with an integral chassis
and which must be transported on a separate vehicle from factory to housing site are also
excluded from this definition. A mobile home shall be considered a one-family dwelling only
for purposes of determining the number of occupants permitted.
MOBILE HOME LOT— A parcel of land used for the placement of a single mobile home
and the exclusive use of its occupants. A mobile home lot shall be located in a mobile home
park as defined by this chapter.
MOBILE HOME PARK— A parcel of land owned by an individual, partnership, or
corporation which has been planned and improved for the placement of mobile homes.
MOBILE HOME STAND— That part of an individual mobile home lot which has been
reserved and improved for the placement of the mobile home, appurtenant structures and
additions.
MULTIPLE-FAMILY DWELLING— A building or group of buildings on one lot
containing three or more dwelling units.
NATURAL AREA— An area of land designated as a Critical Environmental Area, Unique
Natural Area, or other similar environmental designation in accordance with regulations
promulgated by the New York State Department of Environmental Conservation or any
similar successor state agency, or by any other federal, state, or local governmental unit, and
any area specifically designated as a Significant Natural Area by the Town Board of the Town
of Ithaca after notice to the owner or owners of the area and a public hearing on such
designation.
NONCONFORMING USE— A use of land existing at the time of enactment of this chapter
and its amendments which does not conform to the zoning regulations of the district in which
it is situated.
NURSERY— A lot or structure where trees, shrubs, flowering and other plants are
cultivated, grown or stored and sold.
NURSING OR CONVALESCENT HOME— A building other than a hospital where sick or
infirmed persons are lodged, furnished with meals and nursing care for hire and licensed by
the State of New York.
ONE-FAMILY DWELLING— A detached building containing a single dwelling umt.
PARKING SPACE— An area for the temporary parking of a motor vehicle 180 square feet
in size exclusive of the parking lot circulation areas.
PUBLIC PARKING GARAGE— A garage or other structure used for the parking of
automobiles for the public for a fee on an itinerant basis.
270:17 08-01-2005
§ 270-5 ITHACA CODE § 270-5
SEQR— Article eight of the New York State Environmental Conservation Law, or any
similar successor statute, together with any state regulations (presently six NYCRR Part 617)
and local regulations promulgated thereunder.
SHORELINE— The mean high-water elevation of Cayuga Lake along the shore.
SPECIFIED ANATOMICAL AREAS— The following areas of the human body:
A. Less than completely and opaquely covered human genitals, pubic region, buttock, and
female breast below a point immediately above the top of the areola; and
B. Human male genitals in a discernible turgid state even if completely and opaquely
covered.
SPECIFIED SEXUAL ACTIVITIES— The following activities:
A. Human genitals in a state of sexual stimulation or arousal; or
B. Acts of human masturbation, sexual intercourse or sodomy; or
C. Fondling or other erotic touching of human genitals, pubic region, buttocks or female
breast.
STREET LINE or HIGHWAY RIGHT-OF-WAY LINE— The limit of the right-of-way of a
street, road or highway. Where the word "street" appears this also means highway or road.
STORAGE— The outdoor accumulation or laying-up of manufactured products or raw
materials, or the keeping of one or more pieces of movable equipment other than pleasure
automobiles.
STRUCTURE— Anything that is constructed or erected on the ground or upon another
structure or building. "Structure" also includes anything that is constructed or erected
underground and projects up to the ground surface or above, or anything that is constructed or
erected wholly underground other than utility lines, septic and water systems, or other similar
types of underground construction wholly ancillary to a principal building or structure on the
premises. "Structure" also includes constructed parking spaces. The term "structure" includes a
building. There is excluded from the term "structure," however, underground graves, vaults or
other underground facilities for the interment of bodies.
TELECOMMUNICATIONS FACILITY— Any equipment, other than: (A.) equipment used
by amateur radio licensees regulated by the Federal Communications Commission; or (B.)
equipment that is used by a governmental unit or agency that is statutorily expressly exempt
from regulation by the Town of Ithaca; or (C.) mobile equipment that is contained in a car or
other motor vehicle or is completely portable and not affixed in any manner to realty [the
exception for mobile equipment does not extend to any antenna(s) attached, directly or
indirectly, such as on a tower or other structure, to realty or to other facilities used in
connection with such mobile equipment]; or (D.) devices covered by the .Federal
Communication Commission's over-the-air reception devices rule, found at 47 C.F.R. Section
1.4000; or (E.) antennas that are not licensed by the Federal Communications Commission
and are one meter or less in diameter or diagonal measurement or (for whip antennas) are one
meter or less in length and no more than three inches thick; used in connection with the
270:18 08-01-2M
§270-5 ZONING § 270-6
provision of two-way communication services of which at least one of the directions of
communications is wireless, including cellular telephone services, personal communications
services,private radio communications services, fire and emergency communications, and any
other private or public radio communications transmissions regulated by the Federal
Communications Commission in accordance with the Telecommunications Act of 1996 and
other federal laws. Such uses shall include private commercial uses as well as public uses. A
telecommunications facility shall include monopole, guyed, or latticework tower(s), as well as
antenna(s), switching stations, principal and accessory telecommunications equipment and
supporting masts, wires, structures and buildings. [Amended 5-9-2005 by L.L. No. 5-2005]
TWO-FAMILY DWELLING— A detached building containing two dwelling units.
VEHICLE REPAIR GARAGE— A facility at which the principal activity is the servicing or
repairing of motor vehicles for hire. Such facilities include but are not limited to mechanic's
shops, speedy-type oil and lubrication facilities, and muffler and brake repair facilities.
YARD— An open space on the same lot with a building, unoccupied and unobstructed from
the ground upward except as otherwise permitted herein.
YARD, FRONT— The yard between the street right-of-way line and the front line of the
principal building, exclusive of eaves which overhang by no more than four feet, extended to
the side lines of the lot. The depth of the front yard shall be measured between the front line
of the building and the highway right-of-way line. Covered porches, or uncovered porches
more than three feet off of the ground, shall be considered as part of the building and shall not
project into a required front yard.
YARD, REAR— The yard between the rear lot line and the rear line of the principal
building,exclusive of overhanging eaves,extended to the side lines of the lot.
YARD, SIDE— The yard between the principal building, exclusive of overhanging eaves,
and a side lot line and extending through from the front yard to the rear yard.
ARTICLE IV
Establishment of Zones
§270-6. Enumeration of zones.
A. For the purpose of this chapter the Town of Ithaca is hereby divided into the following
types of zones (also sometimes hereinafter referred to as "districts"):
Conservation Zones
Agricultural Zones
Lakefront Residential Zones
Low Density Residential Zones
Medium Density Residential Zones
High Density Residential Zones
Mobile Home Park Zones
270:19 48-01-2W
§270-6 ITHACA CODE § 270-6
Multiple Residence Zones
Neighborhood Commercial Zones
Office Park Commercial Zones
Community Commercial Zones
Vehicle Fueling and Repair Commercial Zones
Lakefront Commercial Zones
Light Industrial Zones
Industrial Zones
Planned Development Zones
Areas of Special Flood Hazard
Special Land Use Districts (Limited Mixed Use) - In accordance with and pursuant to
Local Law No. 2-1984
Special Land Use District No. 1 - In accordance with and pursuant to Local Law No.
3-1984 [Wiggins]
Special Land Use District No. 2 - In accordance with and pursuant to Local Law No.
4-1984 [Sapsucker Woods]
Special Land Use District No. 3 (Limited Mixed Use) - In accordance with and pursuant
to Local Law No. 4-1986 [Biggs Complex]
Special Land Use District No. 4 (Limited Mixed Use) -In accordance with and pursuant
to Local Law No. 1-1987 as amended by Local Law No. 2-2002 [Statler West]
Special Land Use District No. 5 (Limited Mixed Use) -In accordance with and pursuant
to Local Law No. 2-1988 [Chamber of Commerce]
Special Land Use District No. 7 (Limited Mixed Use) -In accordance with and pursuant
to Local Law No. 1-1994 [Ithacare]
Special Land Use District No. 8 (Limited Mixed Use) -In accordance with and pursuant
to Local Law No. 1-1995 as amended by Local Law No. 4-2001 [Ecovillage]
Special Land Use District No. 9 (Limited Mixed Use) -In accordance with and pursuant
to Local Law No. 14-1995 [Cornell Precinct 7]
Special Land Use District No. 10 (Limited Mixed Use) - In accordance with and
pursuant to Local Law No. 6-1998 [Sterling House/Sterling Cottage]
Special Land Use District No. 11 (Limited Mixed Use) - In accordance with and
pursuant to Local Law No. 7-1998 [Cornell Chilled Water Plant]
B. Said districts are set forth on the map accompanying this chapter, Town of Ithaca Zoning
Map (the "Zoning Map'), dated August 25, 2003, and signed by the Town Clerk. Said
270:20 08-01-2005
§270-217 ZONING §270-217
material moved from one place to another place on the construction site is less
than 700 cubic yards and where the total amount of material removed from the
construction site to an off-site location (or brought to the construction site from an
off-site location) is less than 500 cubic yards. For the purpose of this section a
"construction site" consists of the larger of the following areas:
(a) An area of 30,000 square feet in which the proposed construction is to be
located; or
(b) The area contained within the footprint of the proposed structure plus an
additional 50 feet adjacent to the perimeter of the proposed structure.
(2) Removal or deposit of fill in connection with the construction of a septic field or
septic system on an individual lot pursuant to a permit obtained from the
Tompkins County Health Department.
(3) Removal or deposit of fill in connection with construction in accordance with a
site plan approved by the appropriate Town authority (e.g., Town Board, Town
Planning Board or Board of Appeals) provided that such construction occurs
within three years of the final approval of such authority. Notwithstanding the
foregoing, if fill is being removed to or from another site in the Town, and if the
plans for the removal from, or deposit on, such other site were reviewed by the
Town Engineer and the Board granting such approval was advised of the results of
such review and specifically included the proposed disposition of such fill in its
approval, no further approval under this Section shall be required provided the
construction occurs within the time limits set forth above. If the disposition of fill
was not specifically approved by the applicable Board in connection with any such
approvals, this exception shall not apply and the applicant shall be required to
obtain special approval for the deposit or removal of fill relative to such other site
in accordance with the terms of this section.
(4) Removal, movement, or deposit of not more than 500 cubic yards of fill in an
Agricultural Zone in any three-year period in conjunction with one or more bona
fide agricultural uses.
(5) Removal or deposit of fill in connection with construction of roads and other
facilities in a subdivision approved in accordance with the requirements of the
Town of Ithaca Planning Board provided, however, that:
(a) Plans for such construction showing in sufficient detail the proposed removal
and/or deposit-of fill (including, when removal from or deposit on to an
off-site location is contemplated, adequate plans of such off-site location
showing the required information relative to the disposition or removal of fill
to or from same) were submitted to the Planning Board and approved by the
Town Engineer in conjunction with the subdivision approval; or.-
(b) The Planning Board expressly waived the requirement of submission of such
drawings and the total amount of fill to be either deposited or removed is less
than 500 cubic yards.
270:117 08-01-2005
§270-218 ITHACA CODE §270-219
§ 270-218. Limitations on vehicle repair garages and gasoline sales stations.
No part of any building used as a vehicle repair garage or gasoline service station and no
filling pump, lift or other service appliance shall be erected within 25 feet of any residence
zone or in any required side yard.
§270-219. Telecommunications facilities.
A. Purpose. The purpose of these supplemental regulations is to promote health, safety, and
the general welfare of the residents of the Town of Ithaca; to provide standards for the
safe provision of telecommunications consistent with applicable federal and state
regulations; to minimize the total number of telecommunications towers in the
community by encouraging shared use of existing and future towers and the use of
existing tall buildings and other high structures and by encouraging alternative
technologies that would minimize the need for multiple towers; and to minimize adverse
visual effects from telecommunications towers by requiring careful siting, visual impact
assessment, and appropriate landscaping.
B. Special permit, site plan approval and variance. So long as telecommunications facilities
are deemed, under New York law, to be a utility, telecommunications facilities may be
constructed anywhere in the Town of Ithaca but only if the person seeking to erect same
shall have obtained a special permit and site plan approval from the Planning Board in
accordance with this section and the other provisions of this chapter governing issuance
of special permits and site plan approvals prior to any construction. If the proposed
height of the telecommunications facility exceeds the permitted height of structures in the
zoning district in which the facility is proposed to be located, notwithstanding any other
provisions of this chapter, a height variance from the Board of Appeals shall also be
required. Notwithstanding the foregoing provisions of this subsection,
telecommunications facilities meeting the criteria in § 270-2190 are subject to the
requirements in §270-2190 and are not subject to the other requirements in §270-219.
[Amended 5-9-2005 by L.L. No. 5-2005]
C. General criteria. No special permit or renewal thereof or modification of a current special
permit relating to a telecommunications facility shall be authorized by the Planning
Board unless it finds that such telecommunications facility:
(1) Is necessary to meet current or reasonably expected demands for services;
(2) Conforms with all federal and state laws and all applicable rules or regulations
promulgated by the Federal Communications Commission (the FCC), Federal
Aviation Administration (the FAA), or any other federal agencies having
jurisdiction;
(3) Is considered a public utility in the State of New York;
(4) Is sited, designed and constructed in a manner which minimizes i) visualimpact to
the extent practical and ii) adverse impacts upon migratory and other birds and
other wildlife;
270:118 08-01-2005
§270-219 ZONING §270-219
(5) Complies with all other requirements of this chapter, unless expressly superseded
herein;
(6) Is the most appropriate site among those available within the technically feasible
area for the location of a telecommunications facility;
(7) When including the construction of a tower, such a tower is designed to
accommodate future shared use by at least two other telecommunications service
providers. [Amended 5-9-2005 by L.L.No.5-2005]
D. Co-location.
(1) The shared use of existing telecommunications facilities or other structures shall be
preferred to the construction of new facilities. Any special permit application,
renewal or modification thereof shall include proof that reasonable efforts have
been made to co-locate within an existing telecommunications facility or upon an
existing structure. The application shall include an adequate inventory report
specifying existing telecommunications facility sites and structures exceeding 75%
of the height of the proposed tower within the search range of the cell grid. The
inventory report shall contain an evaluation of opportunities for shared use as an
alternative to the proposed location.
(2) The applicant must demonstrate that the proposed telecommunications facility
cannot be accommodated on existing telecommunications facility sites in the
inventory due to one or more of the following reasons:
(a) The planned equipment would exceed the structural capacity of existing and
approved telecommunications facilities or other structures, considering
existing and reasonably anticipated future use for those facilities;
(b) The planned equipment would cause radio frequency interference with other
existing or planned equipment, which cannot be reasonably prevented;
(c) Existing or approved telecommunications facilities or other structures do not
have space and cannot be modified to provide space on which proposed
equipment can be placed so it can function effectively and reasonably;
(d) Other technical reasons make it impracticable to place the equipment
proposed by the applicant on existing facilities or structures;
(e) The property owner or owner of the existing telecommunications facility or
other structure refuses to allow such co-location.
(3) Any subsequent location of telecommunications antennas and/or equipment by
other service providers on existing towers specifically designed for shared use shall
not require a new or modified special permit if there would be no increase in the
height of the tower and if the tower's original design was adequate to
accommodate the proposed additional antennas and equipment. However, the
additional antennas and equipment proposed to be located on an existing tower,
and accessory buildings and equipment associated with same, will require site plan
review and issuance of a building permit before construction occurs. At the option
270:119 08-01-200S
§270-219 ITHACA CODE § 270-219
of the Building and Zoning Enforcement Officer, there may be required, before
issuance of a building permit, an engineer's certificate or report to the effect that
with the proposed additional antenna and/or equipment the existing tower
continues to be safe and meets all then currently applicable design and construction
criteria in accordance with generally accepted good engineering practices and
generally accepted industry standards. Notwithstanding the foregoing, proposed
antennas that meet the criteria in Subsection O, and the accessory equipment and
structures associated with such proposed antennas, shall be subject to the
requirements in Subsection O and not this subsection. [Added 5-9-2005 by L.L.
No.5-20051
E. Priority of siting locations. In determining whether a site is appropriate, and if it is
determined a need exists for the telecommunications facility, the preferential order of
location, to the extent the same may be, or may be made, technically feasible, is as
follows:
(1) Co-located on existing telecommunications towers;
(2) Co-located on any other existing radio or other tower that would not require any
increase in height nor significant noticeable structural additions to accommodate
the telecommunications facility;
(3) Within any industrial zones or existing planned development zones that permit
industrial activities;
(4) Within any light industrial zones or existing planned development zones that
permit light industrial activities;
(5) Within any existing community commercial zones or existing planned development
zones which permits all of the activities permitted in a community commercial
zone;
(6) On any other property in the Town.
F. Dimensional standards.
(1) A fall zone around any tower constructed as part of a telecommunications facility
must have a radius at least equal to the height of the tower and any attached
antennae. The entire fall zone may not include public roads and must be located on
property either owned or leased by the applicant or for which the applicant has
obtained an easement, and may not, except as set forth below, contain any
structure other than those associated with the telecommunications facility. If the
facility is attached to an existing structure, relief may be *granted by specific
permission of the Planning Board on a case-by-case basis if it is determined by
such Board after submission of competent evidence, that the waiver of this
requirement will not endanger the life, health, welfare or property of any person. In
granting any such waiver, the Board may impose any conditions reasonably
necessary to protect the public or other property from potential injury.
(2) All telecommunication facilities shall be located on a single parcel.
270:120 08-01-2005
§270-219 ZONING §270-219
(3) All telecommunication facilities shall comply with the setback, frontage, minimum
lot size, and yard standards of the underlying zoning district and the fall zone
requirements of this article. To the extent there is a conflict, the more restrictive
provision shall govern. The size of the leased or owned lot, together with any land
over which the applicant has obtained an easement, shall be, at a minimum,
sufficiently large to include the entire fall zone. All lots leased or owned for the
purpose of construction of a tower as part of telecommunications facility shall
conform, at a minimum, to the lot size requirements of the underlying zoning
district or the size of lot necessary to encompass the entire fall zone (to the extent
easements for any part of the fall zone that extends outside the minimum lot size
270:120.1 08-01-2005
§ 270-219 ZONING §270-219
(a) The exact location including geographic coordinates of the proposed
telecommunications facility including any towers, guy wires and anchors, if
applicable;
(b) The maximum height of the proposed facility, including all appurtenances;
(c) A detail of tower type, if any, including engineering drawings from the tower
manufacturer (monopole, guyed, freestanding, or other);
(d) The location, type and intensity of any lighting on the tower;
(e) Property boundaries and names of all adjacent landowners;
(f) Proof of the landowner's consent to the erection of the facility and agreement
to abide by the ordinance if the applicant is not the landowner;
(g) The location of all other structures on the property and all structures on any
adjacent property within 100 feet of the property lines, together with the
distance of these structures from any proposed tower;
(h) The location, nature and extent of any proposed fencing, landscaping and
screening;
(i) The location and nature of any proposed utility easements and access roads
or drives; and
(j) Engineer's certification that the telecommunication facility and all related
components have been designed in accordance with generally accepted good
engineering practices and in accordance with generally accepted industry
standards, and if constructed in accordance with the plans the entire facility
(including the soils of the site itself) will be safe, will be in accordance with
all applicable governmental building codes, laws and regulations and in
accordance with generally accepted good engineering practices and industry
standards, including without limitation, acceptable standards as to stability,
wind and ice loads, and bird protection.
(4) Agreement that the applicant will negotiate in good faith with any subsequent
applicant seeking to co-locate a telecommunications facility on the initial
applicant's structures. This agreement shall commit the initial applicant and
landowner and their respective successors in interest to:
(a) Respond in a timely, comprehensive manner to a request for information
from a potential shared-use applicant.
(b) Negotiate in good faith for shared use by third parties.
(c) Allow shared use if an applicant agrees in writing to pay reasonable charges
for same.
(d) Make no more than a reasonable charge for shared use, based upon generally
accepted accounting principles. The charge may include but is not limited to
a pro rata share of the cost of site selection, planning, project administration,
270:125 08-01-Zoos
§ 270-219 ITHACA CODE § 270-219
land costs, site design, construction and maintenance, financing, return on
equity, and depreciation, and all of the costs of adapting the tower or
equipment to accommodate a shared user without causing electromagnetic
interference or causing uses on the site to emit electromagnetic radiation in
excess of levels permitted by the FCC.
(5) The agreement for removal of the facility referred to above.
(6) Copies of all documents submitted to the FCC or any other governmental agency
having jurisdiction.
(7) Any applicable application or other fees, including any deposits required by the
Town for application to the costs of any consultants retained by the Town as
provided above.
N. Miscellaneous.
(1) Any special permit or site plan permit granted hereunder shall be valid only for the
dimensions and number of structures for the telecommunications facility contained
in original application as so approved. Any subsequent changes or modifications
shall require a new application for same following the procedures set forth in this
section.
(2) In considering the application the Planning Board may, if the application is
granted, impose such reasonable conditions as either body may deem necessary to
minimize any adverse impacts of the facility or its construction, or to assure
continued compliance with the terms of this chapter.
(3) Whenever reference is made to an engineer's certificate or report in this section,
the same shall be provided by a professional engineer licensed in the State of New
York who is reasonably satisfactory to the Planning Board.
O. Streamlined process for certain facilities. [Added 5-9-2005 by L.L.No. 5-2005]
(1) Telecommunications facilities that meet all of the following criteria are subject to
the requirements of this Subsection O and not the other requirements of§ 270-219:
(a) The telecommunications facility's antenna(s) will be located on an existing
structure that can accommodate the antenna(s) as well as any associated
equipment that is to be located on the existing structure, and the existing
structure will not have its height increased or be otherwise modified to
accommodate the facility.
(b) The tops of the antenna, equipment and mounts-will extend no more than 10
feet above the top of the existing structure on which they are placed.
(c) Side-mounted facilities will not project more than 20 inches from the face of
the existing structure.
(d) The size of each antenna will not exceed 10 feet in any dimension, and the
area of the largest face for each antenna will be less than or equal to 400
square inches.
270:126 08-01-2005
§270-219 ZONING §270-219
(e) Any wires or cables associated with such antennas and equipment either will
not be visible from the ground or will not exceed, on a cumulative basis, one
inch in thickness.
(f) The telecommunications facility will not be located in an historic district that
has been listed in the State or National Registers of Historic Places.
(g) For existing structures and facilities that are not already artificially lit or
marked, no artificial lighting or marking of the existing structure or of the
existing or new facilities shall occur.
(h) No portion of the telecommunications facility, including accessory structures,
shall be used for signs or promotional or advertising purposes, including but
not limited to company name, phone numbers, banners, streamers, and
balloons.
(i) Access to the telecommunications facility shall be achieved by use of an
existing public or private road, and no new accessway, driveway or parking
area shall be constructed.
(2) An antenna and equipment for a telecommunications facility that meets all of the
criteria in Subsection O(1) may be affixed to an existing structure anywhere in the
Town of Ithaca, but only if the person seeking to affix same shall have obtained,
prior to affixing the antenna and any equipment, a building permit from the
Building and Zoning Enforcement Officer in accordance with this Subsection O
and with the provisions of §§ 125-4 and 270-233. No height variance shall be
required for the antenna and equipment, even if the tops of the proposed antenna,
equipment or their mounts exceed the permitted height of structures in the zoning
district in which the facility is proposed to be located. No special permit or site
plan approval shall be required for such antennas to be affixed, although all
accessory structures and certain equipment will require advance site plan approval
from the Planning Board as set forth in this Subsection O.
(3) Notwithstanding the foregoing, where all antennas and equipment are to be located
wholly inside an existing building and no accessory structure will be built or
erected, no special permit or site plan approval shall be required, and no building
permit shall be required unless a building permit is required pursuant to the
provisions of§ 125-4 or §270-233. In such a case, the requirements in these other
sections shall apply, and the additional building permit requirements in this
Subsection O shall not apply.
(4) The following requirements shall apply to accessory structures proposed in
connection with a telecommunications facility meeting the criteria in Subsection
O(1):
(a) Notwithstanding any provisions to the contrary in §270-233, all accessory
structures shall require a building permit from the Building and Zoning
Enforcement Officer prior to construction.
270:126.1 08-01-zoos
§270-219 ITHACA CODE §270-219
(b) Site plan approval from the Planning Board in accordance with the
requirements of this Subsection 0(4) and with Article XXIII of Chapter 270
is also required prior to construction of any accessory structure. The applicant
shall submit a completed short environmental assessment form (EAI) to the
Planning Board together with the application for site plan approval.
(c) Accessory structures shall maximize the use of building materials, colors, and
textures designed to blend in with the natural surroundings.
(d) Accessory structures shall have appropriate vegetative buffering, reasonably
satisfactory to the Planning Board, to buffer their view from neighboring
residences, recreation areas, or public roads. The Planning Board may
similarly require screening adjacent to waterways, landmarks, refuges,
community facilities, or conservation or historic areas within common view
of the public.
(e) Without limiting the requirements of the preceding subsection, existing
on-site vegetation shall be preserved to the maximum extent possible, and no
cutting of trees exceeding four inches in diameter (measured at a height of
four feet off the ground) shall occur in connection with the accessory
structure prior to the granting of site plan approval.
(f) Notwithstanding provisions to the contrary in any other article of this chapter,
the front, side, and rear yard requirements of the underlying zoning district in
which such a telecommunications facility is erected shall apply to any
accessory structure.
(g) Accessory structures shall be surrounded by fencing at least eight feet in
height to discourage unauthorized access to the site. The Planning Board may
waive or modify the requirement of fencing if, in its discretion, it determines
that other forms of security are adequate, or that, by reason of location or
occupancy, security will not be significantly compromised by the omission,
or reduction in size, of the otherwise required fencing.
(h) Motion-activated or staff-activated security lighting around an accessory
structure entrance may be provided if such lighting does not project off the
site. Such lighting should only occur when the area within the fenced
perimeters has been entered or, if the Planning Board has waived the fencing
requirement, when the area within 20 feet of the structure has been entered.
(i) Equipment or vehicles not used in direct support, renovations, additions or
repair of any telecommunications facility shall not be stored or parked on the
facility site.
(5) The following requirements shall apply to equipment proposed in connection with
a telecommunications facility meeting the criteria in Subsection 0(1):
(a) Site plan approval from the Planning Board in accordance with the
requirements of this Subsection 0(5) and with Article XXM of Chapter 270
is required prior to construction or placement of any equipment, except site
270:126.2 08-01-2005
§270-219 ZONING §270-219
plan approval shall not be required for equipment placed on an existing
rooftop where the equipment extends no more than three feet above the
rooftop.
(b) Where site plan approval is required, the applicant shall submit a completed
short EAF to the Planning Board together with the application for site plan
approval.
(c) Where site plan approval is required, the Planning Board may require
appropriate fencing or vegetative buffering for equipment to buffer its view
from neighboring residences, recreation areas, or public roads. The Planning
Board may similarly require screening adjacent to waterways, landmarks,
refuges, community facilities, or conservation or historic areas within
common view of the public.
(d) Notwithstanding provisions to the contrary in any other article of this chapter,
the front, side, and rear yard requirements of the underlying zoning district in
which such a telecommunications facility is erected shall apply to all
equipment.
(e) Equipment or vehicles not used in direct support, renovations, additions or
repair of any telecommunications facility shall not be stored or parked on the
facility site.
(6) Engineering and maintenance.
(a) Where site plans are required under this Subsection O, they must bear the
seal of a professional engineer licensed to practice in the State of New York.
(b) Except as provided below, every facility governed by this Subsection O shall
be inspected at least every second year for structural integrity by a New York
State licensed engineer. The initial inspection shall occur within two years of
the issuance of the facility's certificate of occupancy. A copy of the
inspection report shall be submitted to the Building and Zoning Enforcement
Officer. Any unsafe condition revealed by such report or otherwise revealed
shall be corrected within 10 days of notification of same to the owner of the
facility and the record landowner on which the facility is constructed. The
time period for correction may, on application of the facility owner or
landowner, be extended by the Building and Zoning Enforcement Officer if it
is impracticable to complete the correction within said 10 days and if there is
no imminent danger to life, limb, or other person's property. If the unsafe
condition is not corrected within the applicable time period, or if the required
inspection is not provided to the Town, the facility owner and landowner
shall be subject to the enforcement provisions of this chapter.
(c) Facilities with all antennas and equipment located wholly inside an existing
building shall be exempt from the above inspection requirements.
(7) Removal. At the time of submittal of the application for a building permit for a
telecommunications facility, the applicant shall submit an agreement to remove all
270:126.3 08-01-2005
§ 270-219 MIACA CODE § 270-219
antennas, mounts, accessory structures, equipment, fencing, lighting and utilities if
such facility becomes technologically obsolete or ceases to perform its originally
intended function for more than 12 consecutive months. Upon removal of said
facility, the land shall be restored to its previous condition, including but not
limited to the seeding of exposed soils.
(8) Application. The application for a building permit for the construction of a
telecommunications facility meeting the criteria in Subsection 0(1) shall include:
(a) All of the information required by § 1254;
(b) If the applicant is not the landowner, the name and address of the landowner
and proof of the landowner's consent to the erection of the facility and
agreement to abide by the requirements of this chapter;
(c) The agreement to remove the facility, as required by Subsection 0(7);
(d) Copies of the Federal Communications Commission (FCC) license, if
applicable, and of all documents submitted to the FCC or any other
governmental agency having jurisdiction over the facility;
(e) Copies of manufacturer's information showing that the antenna, equipment
and other components meet FCC radiation standards;
(f) Certification by a professional engineer licensed to practice in the State of
New York that the telecommunications facility:
[1] Conforms with all federal and state laws and all applicable rules and
regulations promulgated by the FCC, the Federal Aviation
Administration, and any other federal agencies having jurisdiction and
will not cause, by itself or in conjunction with other telecommunications
facilities, general public electromagnetic radiation exposure that exceeds
standards set by the FCC or any permit granted by the FCC;
[2] Complies with all other requirements of this chapter, unless expressly
superseded herein;
[3] Will not endanger the life, health, welfare or property of any person;
[41 Can be safely accommodated on the existing structure, the existing
structure will not be increased in height or be otherwise modified to
accept the proposed facility and, if the proposed facility is an antenna to
be located on an existing tower, a certification that the existing tower
will continue to be safe with the additional antenna and any equipment
and will meet all thencurrently applicable design and construction
criteria in accordance with generally accepted good engineering
practices and generally accepted industry standards;
[5] If the existing structure is not artificially lighted or marked at the time
of the application, a certification that neither the new facility nor the
270:126.4 08-01-2005
§270-219 ZONING §270-221
existing structure or facilities will be artificially lighted or marked as a
result of the addition of the new facility; and
(6] Will be built, operated and maintained to acceptable industry standards,
including but not limited to the most recent, applicable standards of the
Institute of Electric and Electronic Engineers (IEEE) and the American
National Standards Institute (ANSI), and will meet generally accepted
good engineering practices and industry standards, including but not
limited to acceptable standards as to stability, wind and ice loads, and
bird protection.
(g) A statement as to whether site plan review is required for accessory
structures and/or equipment.
(h) Any applicable application fees or other fees.
(9) If site plan approval is required for accessory structures and/or equipment, the
Building and Zoning Enforcement Officer shall advise the Planning Board whether
all other building permit application requirements have been met and shall not
further process the building permit application until Planning Board site plan
approval has been granted.
(10) Miscellaneous.
(a) Any building permit or site plan approval issued hereunder shall be valid
only for the dimensions and number of antennas, equipment and structures
for the telecommunications facility as so approved. Any subsequent changes
or modifications shall require a new application for same following the
procedures set forth in this section.
(b) Whenever reference is made to an engineer's certificate or report in this
section, the same shall be provided by a professional engineer licensed in the
State of New York who is reasonably satisfactory to the Building and Zoning
Enforcement Officer.
ARTICLE XXVII
General Provisions
§ 270-220. Building floor area.
No dwelling in any zone shall be erected or altered so as to provide for less than 600 square
feet of net enclosed floor area.
§ 270-221. Side yard on corner lot.
On a comer lot in a residence zone the yard width on the side street shall be at least 1/2 the
required front yard for adjoining properties on the side street, but in no event less than 10 feet
On a corner lot in any other zone, the yard depth on both streets shall be equal to the required
front yard for adjoining properties on both streets.
270:126.5 09-01-2005
§ 271-6 ZONING: SPECIAL LAND USE DISTRICTS §271-7
COMMENCING at the southwest comer of premises reputedly owned by
Paleontological Research, Inc. (see deed recorded in the Tompkins County Clerk's
Office in Book 464 of Deeds at Page 405), which point is also a northwest comer of
premises reputedly owned by Cornell University as shown on a map entitled "Proposed
Special Land Use District for J. Ciaschi and the Mayer School at the Cornell U. Statler
West Complex," dated December 17, 1966, by J. W. Mayer, Map Source; "Final Plat,
Proposed Subdivision,Lands of Cornell University, Lot No. 87, Town of Ithaca," dated
August 26, 1986, by Milton A. Greene, P.L.S. 42000, which comer is an east line of
New York State Route 96; running thence north 68 degrees, 48 minutes east along a
southwesterly line of the Paleontological Research premises a distance of 710.22 feet to
an iron pipe;
running thence south 46 degrees 30 minutes east passing through an iron pipe at 317.18
feet a total distance of 405 feet to an iron pipe; running thence south 10 degrees 10
minutes east 241.76 feet to an iron pipe; running thence on a slight curve to the left with
a chord distance of 230.24 feet on a bearing of south 64 degrees 57 minutes west with a
radius of 448.26 feet to an 'iron pipe; running thence south 50 degrees 4 minutes west
321.76 feet to a point in the east line of New York State Route 96; running thence north
43 degrees 56 minutes west passing through an iron pipe at 438.88 feet a total distance
of 784.08 feet to the point or place of beginning.
The above description is based upon a map entitled "Proposed Special Land Use District
for J. Ciaschi and the Mayer School at the Cornell U. Statler West Complex," dated
December 17, 1986, by J.W. Mayer, Map Source: "Final Plat, Proposed Subdivision,
Lands of Cornell University, Lot No. 87, Town of Ithaca," dated August 26, 1986, by
Milton A. Greene, P.L.S. 42000, a copy of which map is on file with the Planning
Department of the Town of Ithaca.
Containing approximately 10.2 acres of land, more or less.
§271-7. Special Land Use District No. 5 (Limited Mixed Use, Chamber of Commerce).
[Adopted 2-8-1988 by L.L.No. 2-19881
A. Article H, Section 2, of the Town of Ithaca Zoning Ordinance14 be and hereby is amended
by adding to the permissible districts itemized in said section a district designated as
"Special Land Use District No. 5."
B. The uses permitted in Special Land Use District No. 5 are:
(1) Any use permitted in a R-15 Residence District;
(2)'- Professional offices for occupancy by nonprofit entities (subject to the further
provisions stated herein); and
(3) Visitors' information center or tourism center for the area, in either instance
operated by a not-for-profit or municipal entity.
14. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 1988,when this section was adopted.See
now$270.6.
271:17 08-01-2005
§ 271-7 ITHACA CODE §271-7
C. Notwithstanding the foregoing, no uses shall be permitted if not pursuant to and
consistent with a unified plan for the Special Land Use District (Limited Mixed Use) as
such is initially approved by the Planning Board and subsequently amended with the
approval of the Planning Board.
D. Any use in this district shall be governed by all of the requirements, including parking,
side yards, setbacks, building coverage, accessory uses, and similar requirements (except
for permitted occupancies which shall be only as set forth above) relating to an R-15
Residence District.
E. In addition to the requirements and restrictions imposed above there shall be no new
construction in this Special Land Use District unless and until all of the requirements of
the Zoning Ordinance have been complied with and, in addition, the following
requirements to the extent not required by other provisions of the Zoning Ordinance:
(1) The exterior design, specifications, and plans for the buildings and other
improvements to be constructed on the premises and the development of the
grounds and construction of all outside facilities including lighting, drainage plans,
landscaping, signage, and traffic circulation approved by the New York State
Department of Transportation shall have been shown on a final site plan approved
by the Planning Board. Any construction thereafter shall be in accordance with
said site plan as finally approved. In determining whether or not to approve the site
plan, in addition to the requirements set forth specifically relating to this Special
Land Use District No. 5, the Planning Board may employ the same considerations
it would employ in approving a site plan pursuant to Sections 46 and 78 of the
Zoning Ordinance-is
(2) Building permits shall be required for any construction, including construction of
signs, walls, and outdoor lighting facilities. Such permits shall not be issued until
the Planning Board has approved the design and specifications for any items for
which a building pen-nit is sought.
(3) Any construction for which a permit is granted shall comply with all applicable
laws, codes,ordinances, rules and regulations.
F. In addition to the requirements and restrictions set forth above occupancy and use of the
premises shall be further limited as follows:
(1) No building permit shall be issued until a plan shall have been submitted to the
Planning Board and approved by the Planning Board showing adequate parking
and access to be maintained within the district. [Amended 4-11-1988 by L.L. No.
4-1988]
(2) Once constructed, any building on the premises shall have no more than 20
persons employed in the building at any one time. [Amended 6-13-2005 by L.L.
No.6-20051
15. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 1988,when this section was adopted.
271:18 09-01-2005
§271-7 ZONING: SPECIAL LAND USE DISTRICTS § 271-7
(3) No activities will be conducted in the Special Land Use District between the hours
of 10:30 p.m and 7:00 a.m.
271:18.1 09-01-2W
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 Law
No. Adoption 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 amendment Ch. 271
1-2005 1-10-2005 Parking; stop and yield intersections Ch. 250, Art. III
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 Districts Ch. 271
amendment
DL:1 08-01-2005
GENERAL CODE PUBLISHERS CORP.
INSTRUCTIONS
Town of Ithaca Code Supplement No.5
The enclosed new and/or replacement pages should be placed in your Code volume immedi-
ately! The dateline, on the bottom of the page, does not indicate the adoption date of the Code
changes,but rather identifies the pages printed with this supplement. This instruction page should
be placed in the front of your Code volume.
REMOVE INSERT
125:7—125:10 125:7— 125:10
125:10.1 — 125:10.2
153:3— 153:4 153:3— 153:4
270:1—270:2 270:1—270:2
270:5—270:6 270:5—270:6
270:11 —270:14 270:11—270:14
270:14.1
270:19—270:20 270:19—270:20
Do not remove pages 270:21—270:22
270:23—270:24 270:23—270:24
270:24.1
270:29—270:32 270:29—270:32
270:32.1
270:47—270:50 270:47—270:50
270:50.1
270:111 —270:112 270:111 —270:112
270:112.1
271:1 —271:2 271:1 —271:2
271:69—271:70 271:69—271:75
DL:1 DL:1 —DL:2
Index Pages 1 —21 Index Pages 1 —22
Legislation,by number or date of adoption,included in this supplement: L.L.Nos.7-2005;
8-2005;9-2005.
11-15-2005
§ 125-6 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-6
certificate of occupancy shall have been issued by the Building Inspector or such other
person designated by the Town of Ithaca. Such certificate of occupancy shall be issued
when, after final inspection, it is determined that the construction and other work has
been completed in compliance with the Building Code, Chapter 270, Zoning, and other
applicable laws,rules and regulations.
B. Upon request, the Building Inspector may issue a temporary certificate of occupancy for
a building or structure, or part thereof, pending completion of the work and before the
entire work covered by a building permit has been completed upon the conditions and
limitations set forth below. [Amended 49-1990 by L.L.No. 5-1990]
(1) Before issuing a temporary certificate of occupancy the Building Inspector must
find:
(a) The portion or portions of the work for which the certificate is sought may be
used or occupied temporarily without endangering life, property or the public
welfare; and
(b) Practical difficulties exist in completing the building to the point where the
building would qualify for a permanent certificate of occupancy because of:
[1} Construction delays resulting from:
[a] Unfavorable and unusually difficult weather conditions; or
[b] Inability to timely obtain materials; or
[c] Other conditions found by the Building Inspector to warrant early
occupancy; or
[2] The need to occupy the premises before a building qualifies for a
permanent certificate of occupancy is related to the normal seasonal
occupancy dates (e.g., late August when the community has the normal
influx of University-related residents); or
[3] Any other reason found by the Building Inspector to be appropriate for
the issuance of such temporary certificate.
(2) The granting of a temporary certificate of occupancy is solely within the discretion
of the Building Inspector and no applicant shall have a right to same.
(3) In addition to the conditions on such certificates imposed by this chapter, the
Building Inspector may impose such conditions on the issuance of such certificates
as the Building Inspector may reasonably require to protect the health, safety and
welfare of the public including the persons that may be in or around the building
or structure being partially occupied. Such conditions may also include the
requirement that the applicant post security in the form of a bond, cash, or letter of
credit with the Town to assure that the building or structure for which a temporary
certificate of occupancy is sought will be fully completed and qualify for a
permanent certificate of occupancy for the entire building within a stated period of
time, or will be vacated if no such certificate is obtained within such period of
125:7 11-15-2005
§ 125-6 ITHACA CODE § 125-6
time, such security to be available to the Town to enable the Town to bring an
action to enjoin continued occupancy in the absence of a permanent certificate and
to take such other steps as may be reasonably necessary or appropriate to protect
the public health and welfare.
(4) N the Town Board, in its discretion, deems the granting of the temporary
certificate of occupancy inappropriate, the Town Board may overrule the Building
Inspector in which event the temporary certificate shall terminate 30 days after its
issuance or 15 days after the decision overruling the Building Inspector, whichever
is later.
(5) The issuance of temporary certificate of occupancy does not relieve the applicant
from fulfilling any and all requirements not yet completed at the date of the
issuance of the temporary certificate of occupancy.
(6) Issuance of a temporary certificate of occupancy is not to be construed as a
determination that a final certificate of occupancy will be automatically issued.
(7) In addition to the Town Board's privilege of revoking the temporary certificate of
occupancy, it may also be revoked by the Building Inspector at any time under one
or more of the following circumstances:
(a) The Building Inspector becomes aware of a condition which presently
endangers, or in the future may endanger, life, health, property, or the public
welfare, including the health or welfare of any persons in or around the
premises subject to the temporary certificate.
(b) The Building Inspector determines in hisjudgment that the applicant is not
proceeding diligently and properly to complete whatever work remains in
order to obtain a permanent certificate of occupancy.
(c) The Building Inspector becomes aware of information not previously
submitted or available that makes issuance of a temporary certificate of
occupancy reasonably inappropriate or inadvisable.
(d) The Building Inspector determines the existence of any other circumstance
which reasonably requires the revocation of the certificate.
(8) The temporary certificate of occupancy shall be issued for such period as the
Building Inspector may elect, but not in any event to exceed six months, except as
provided below. However, the Building Inspector may renew the certificate for one
or more successive periods of not more than six months per application upon
payment of a fee calculated as if each application were an application for the
original issuance of such a temporary certificate. [Amended 10-17-2005 by L.L.
No.9-20051
(9) Discretionary actions. [Added 10-17-2005 by L.L.No.9-20051
1. Editor's Note:This local law also provided for the renumbering of former Subsection B(9) and(10)as Subsection
B(10)and(11),respectively.
125:8 11-15-2005
§ 125-6 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-6
(a) Notwithstanding the foregoing provisions of Subsection B(8) above,
however, the Town Board may, after public hearing on at least five days'
notice upon the application of the property owner, authorize the Building
Inspector:
[1] To issue a temporary certificate of occupancy for a period greater than
six months if the Board finds:
[a] It is likely the conditions which require the issuance of a
temporary certificate of occupancy will extend for a period in
excess of six months; and
[b] Denial of an extended period for the certificate would create a
significant hardship to the applicant; and
[c] It is reasonably anticipated that the applicant can complete the
project and obtain a permanent certificate no later thanthe
expiration date of the extended period; and
[d] The life of the temporary certificate, including any extended
period, is not greater than three years; and
[e] All other conditions for the issuance of a temporary certificate of
occupancy set forth in this § 125-6, Subsection B, have been met.
[2] To reduce or waive the fee charged for a temporary certificate of
occupancy if the Board finds:
[a] The fee for the original building permit was sufficiently large to
cover the costs to the Town, including Building Inspector
inspection time and review time, of processing, reviewing and
overseeing the issuance and implementation of the original
building permit, the final certificate of occupancy, and any
temporary occupancy certificates including the one for which a
reduction in fee is requested; and
[b] The payment of the fee as normally determined hereunder would
be a significant financial hardship to the applicant; and
[c] The need for the temporary certificate of occupancy was not
created by the lack of diligence of the applicant in prosecuting the
work of the project to completion; and
[d] The reduction in fee is the minimum necessary to alleviate the
hardship to the applicant and still cover the costs to the Town
referred to above; and
[e] All other conditions for the issuance of a temporary certificate of
occupancy set forth in this § 125-6, Subsection B, have been met.
125:9 11-15-2005
§ 125-6 ITHACA CODE § 125-7
(b) The Town Board, in granting an application for a longer temporary certificate
of occupancy or a reduction in fee may impose such reasonable conditions as
it deems appropriate under the circumstances pertaining.
(10) A temporary certificate of occupancy can also be granted by the Building Inspector
in those circumstances not involving new construction where a violation of
Chapter 270, Zoning, or other rule or regulation becomes apparent to the Building
Inspector, the owner or other person in possession is taking action (either by
construction or by application for an appropriate variance) to correct the violation,
and the issuance of the temporary certificate of occupancy will not endanger life,
health, property, or the public welfare. The issuance of a temporary certificate of
occupancy under these circumstances and the right to revoke same are governed by
the same provisions relating to the issuance of a temporary certificate of occupancy
based upon construction pursuant to a building permit.
(11) The fee for the issuance of a temporary certificate of occupancy shall be as
specified in any applicable Town of Ithaca local law, ordinance, rule or regulation.
[Amended 12-3-1994 by L.L. No. 10-1994; 5-10-2004 by L.L. No.5-20041
C. A certificate of occupancy may be issued for any building or individual dwelling unit at
any other time after inspection thereof by request, determination of compliance and
payment of the prescribed fees.
§ 125-7. Use and operating permits. [Amended 10-5-1987 by L.L. No. 14-1987; 5-13-1991
by L.L. No.9-19911
A. Issuance.
(1) Upon payment of the fee, as prescribed in the schedule of fees adopted by the
Town Board, use permits shall be issued by and bear the name and signature of the
Building Inspector and shall specify:
(a) Activity or operation for which such permit is issued.
(b) Address or location where activity or operation is to be conducted.
(c) Name and address of permittee.
(d) Use permit number and date of issuance.
(e) Period of use permit validity.
(2) At the option of the Building Inspector a use permit may be combined with a
building permit if such combination is appropriate.
B. Use permits shall not be transferable and any change in activity, operation, location,
ownership, or use shall require a new use permit.
C. Use permits shall continue until revoked or for a period of time designated at the time of
issuance. An extension of the use permit time period may be granted provided a
125:10 11-15-2005
§ 125-7 BUILDING CONSTRUCTION AND FIRE PREVENTION § 125-7
satisfactory reason can be shown for failure to start or complete the work or activity
authorized within the required time period.
D. Use permits shall be obtained for the following:
(1) Acetylene generators: To operate an acetylene generator having a calcium carbide
capacity exceeding five pounds.
(2) Automobile tire rebuilding plants: To operate an automobile tire rebuilding plant.
(3) Automobile wrecking yards: To operate an automobile wrecking yard.
(4) Bowling establishments: For bowling pin refinishing and bowling lane resurfacing
operations involving the use and application of flammable or combustible liquids
or materials.
(5) Cellulose nitrate motion picture film: To store, keep or have on hand more than 25
pounds of cellulose nitrate motion-picture film.
(6) Cellulose nitrate plastics (pyroxylin):
(a) To store, keep or have on hand more than 25 pounds of cellulose nitrate
plastics (pyroxylin).
(b) To manufacture articles of cellulose nitrate plastic (pyroxylin) which shall
include the use of cellulose nitrate plastics (pyroxylin) in the manufacture or
assembling of other articles.
(7) Combustible fibers: To store, handle, or use combustible fibers in quantities in
excess of 100 cubic feet, except agricultural products on a farm.
(8) Combustible materials: To store combustible materials including but not limited to
empty combustible packing cases, boxes, barrels, or similar containers, rubber
tires, baled cotton, rubber, cork, or other similar materials in excess of 2,500 cubic
feet gross volume on any premises.
(9) Compressed gases:
(a) To store, handle, or use at normal temperatures and pressures more than:
[1] 2,000 cubic feet of flammable compressed gas; or
[2] 6,000 cubic feet of nonflammable compressed gas.
(b) To store, handle or use any quantity of liquefied,natural or hydrogen gas.
(10) Cryogenics: To store, handle, or use cryogenic fluids, except cryogenics used as a
motor fuel and stored in motor vehicle tanks, as follows:
(a) Production, sale or storage of cryogenic fluids.
(b) Storage or use of flammable cryogenic fluids, cryogenic oxidizers, or
liquefied oxygen in excess of 10 gallons.
125:10.1 11-15-2005
§ 125-7 ITHACA CODE § 125-7
(11) Dry-cleaning plants: To use in excess of four gallons of solvents or cleaning agents
classified as flammable or combustible.
125:10.2 11-15-2005
§ 153-4 FEES § 153-6
etc.) and maps (larger than 11 inches by 17 inches) upon payment of the actual costs of
copying.
C. Postage. If the requestor requests that copies of documents be mailed to the requestor
there shall be added to the costs of copying the actual postage costs for documents
heavier than one ounce (up to one ounce free). This provision for reimbursement of
postage costs shall in no way obligate the Town to mail any documents. Such mailing
shall be in the sole discretion of the Clerk.
D. Certification. The Town Clerk shall, upon request, certify that a copy of a document or
record prepared pursuant to the provisions of the preceding subsections is a true copy.
E. Receipts. The Clerk or any other person at the Town receiving funds pursuant to any of
the foregoing subsections shall give to the payor a receipt for the amount paid and
maintain duplicate copies of such receipts for the Town records.
§ 153-5. Town Clerk: miscellaneous fees.
The following additional fee is established in the Town of Ithaca:
A. Checks returned: $15 per check.
§ 153-6. Building and foundation permit fees.
A: Building permit fees shall be computed on the basis of the value of the improvement to
be constructed as follows:
Value of Improvement Fee
$1 to$2,500.99 $25
$2,501 to$5,000.99 $35
$5,001 to $10,000.99 $45
$10,001 to $20,000.99 $60
$20,001 to $30,000.99 $70
$30,001 to $50,000.99 $100
$50,001 to $100,000.99 $200
$100,001 to$150,000.99 $350
$150,001 to $250,000.99 $550
$250,001 to $350,000.99 $700
$350,001 to $500,000.99 $850
$500,001 to $750,000.99 $1,000
$750,001 to$1,000,000.99 $1,500
$1,000,001 to$2,500,000.99 $2,000
$2,500,001 to$5,000,000.99 $4,000
$5,000,001 to $10,000,000.99 $6,000
153:3 ii-is-
§ 153-6 ITHACA CODE § 153-8
Value of Improvement Fee
$10,000,001 to $20,000,000.99 $8,000
Over$20,000,000.99 $.50 for each$1,000 of improvement
value; minimum fee $10,000
B. The renewal fee for a building permit shall be the greater of$50 or 25% of the original
building permit fee.
C. The fee for the issuance of a foundation permit shall be the greater of $100 or 25% of
the building permit fee, calculated on the estimated full value of the entire building. The
fee is not refundable and is not credited against the fee for the building permit for the
entire building.
§ 153-7. Certificates of occupancy.
A. The fee for the issuance of a temporary certificate of occupancy related to a building
permit shall be the greater of$25 or 50% of the building permit fee, unless reduced or
waived pursuant to § 125-6B(9) of the Code of the Town of Ithaca. [Amended
10-17-2005 by L.L. No.9-20051
B. The fee for the issuance of a certificate of occupancy for an existing building shall be
$100.
C. There shall be no additional fee for the issuance of a final certificate of occupancy
related to a building permit.
§ 153-8. Operating permits and certain inspections.
A. The fees for the issuance of an operating permit required pursuant to Chapter 125,
Building Construction and Fire Prevention, as the same has been subsequently amended,
shall be as follows:
(1) Fees for uses other than multiple residences: $100 per building.
(2) Fees for multiple residences shall be as follows:
(a) Three to five.dwelling units in each building: $50 per building.
(b) Six to 10 dwelling units per building: $100 per building.
(c) Eleven dwelling units or more per building: $150 per building.
B. The fees for other inspections by the Building Inspector and Zoning Enforcement Officer
required by state law or other regulation, such as required annual inspections of areas of
public assembly (firesafety), shall be $50, plus $30 per hour after the first hour for the
time the Inspector spent traveling to make the inspection, making the inspection, and
preparing any related documentation and certifications relating to such inspection. The
fee for a reinspection shall be $50, plus $30 per hour after the fust hour.
153:4 11-15-2005
Chapter 270
ZONING
ARTICLE I §270-15. Accessory buildings and uses
Title authorized by special
approval only.
§270-1. Title. §270-16. Height limitations.
ARTICLE R §270-17. Yard regulations.
Purpose §270-18. Lot coverage.
§270-19. Size and area of lot.
§270-2. Purpose. §270-20. Clustering.
ARTICLE III §270-21. Parking.
Terminology §270-22. Additional requirements and
restrictions.
§270-3. Word usage. §270-23. Park and recreation setasides
§270-4. Controlling regulation. and fees in lieu thereof.
§270-5. Definitions. §270-24. Site plan approval.
ARTICLE IV ARTICLE VI
Establishment of Zones Agricultural Zones
§270-6. Enumeration of zones. §270-25. Purpose.
§270-7. Continuation of special land §270-26. Permitted principal uses.
use districts. §270-27. Principal uses authorized by
§270-8. Zone boundaries. special permit only.
§270-9. Prohibition of uses. §270-28. Principal uses authorized by
special approval only.
ARTICLE V §270-29. Permitted accessory
Conservation Zones buildings and uses.
§270-30. Accessory buildings and uses
§270-10. Purpose. authorized by special
§270-11. Permitted principal uses. approval only.
§270-12. Principal uses authorized by §270-31. Height limitations.
special permit only. §270-32. Yard regulations.
§270-13. Additional requirements for §270-33. Building area.
special permit. §270-34. Size and area of lot.
§270-14. Permitted accessory §270-35. Density limitations and
buildings or uses. limitations on subdivision of
parent tracts.
270:1 11-15-2005
ITHACA CODE
§270-36. Parking. §270-58. Accessory buildings and uses
§270-37. Additional special authorized by special permit
requirements. only.
§270-38. Site plan approval. §270-59. Height limitations.
6270-39. Right to farm. §270-60. Yard regulations.
§270-61. Building area.
ARTICLE VII §270-62. Size and area of lot.
Lakefront Residential Zones §270-63. Special ro Pe rties.
P
§270-40. Purpose. §270-64. Parking.
1270-41. Permitted principal uses.
ARTICLE IX
§270-42. Principal uses authorized by Medium Density Residential Zones
special permit only.
§270-43. Permitted accessory §270-65. Purpose.
structures and uses. §270-66. Permitted principal uses.
§270-44. Accessory buildings and uses §270-67. Principal uses authorized by
authorized by special special permit only.
approval only.
§270-68' Permitted accessory
§270-45. Accessory structures and
buildings and uses.
uses authorized by special
permit only. §270-69. Accessory buildings and uses
authorized by special
§270-46. Height limitations.
approval only.
§270-47. Yard regulations. §270-70. Height limitations.
§270-48. Building area. §270-71. Yard regulations.
§270-49. Size and area of lot. §270-72. Building area.
§270-50. Special properties. §270-73. Size and area of lot.
§270-51. Parking. §270-74. Special properties.
§270-52. Special requirements. §270-75. Parking.
ARTICLE VIII ARTICLE X
Low Density Residential Zones High Density Residential Zones
§270-53. Purpose. §270-76. Purpose.
§270-54. Permitted principal uses. §270-77. Permitted principal uses.
§270-55. Principal uses authorized by §270-78. Principal uses authorized by
special permit only. special permit only.
§270-56. Permitted accessory §270-79. Permitted accessory
buildings and uses. buildings and uses.
§270-57. Accessory buildings and uses
authorized by special
approval only.
270:2 11-15-2005
ZONING
§270-171. Site plan approval. §270-192. Letter of credit.
§270-193. Completion of
ARTICLE XXI improvements.
Planned Development Zones §270-194. Expiration of site plan
§270-172. Purpose. approval.
§270-173. Establishment and location. ARTICLE XXIV
§270-174. Permitted principal and Special Permits and Special Approvals
accessory uses.
§270-175. Additional requirements. §270-195. Purpose.
§270-176. Minimum area for Planned §270-196. Requirement preceding
Development Zone. issuance of building permit
§270-177. Yard and other regulations. or certificate of occupancy.
§270-178. Site plan approval. §270-197. Applicability.
§270-198. Procedure.
ARTICLE XXII §270-199. Waiver of requirements.
Procedures for Creation of New Zones §270-200. Considerations for approval.
§270-179. Zones to which applicable. §270-201. Modifications of special
permits or special approvals.
§270-180. General provisions. §270-202. Expiration of special permit
§270-181. Procedures for creation of a or special approval.
zone.
ARTICLE XXV
ARTICLE XXIII Nonconforming Uses
Site Plan Review and Approval
Procedures §270-203. Nonconforming lots of
record.
§270-182. Purpose. §270-204• Nonconforming uses of land.
§270-183. Site plan required prior to §270-205. Nonconforming structures.
building permit or certificate
of occupancy. §270-206• Nonconforming uses of
structures.
§270-184. Applicability.
§270-185. Procedure. §270'207• Interruption of
nonconforming use.
§270-186. Site plan requirements. §270-208. Dwellings on nonconforming
§270-187. Waiver of requirements. lots.
§270-188. Considerations for approval. §270-209. Continuation of construction.
§270-189. Limitations on construction. §270-210. Alterations in use.
§270-190. Reservation of parkland on §270-211. Restoration.
site plans containing §270-212. Board of Appeals
residential units. determination.
§270-191. Modifications of site plans.
270:5 11-15-2005
ITHACA CODE
$270.213. Variance criteria. §270.226. More than one building on a
$270.214. Amortization of certain lot
nonconforming uses relating §270.227. Parldng facilities.
to pre-1991 residential §270.228. Approval of County Health
occupancies. Department.
§270.214.1.Nonconforming farms in §270-229. Abandoned cellar holes and
Medium Density Residential buildings.
Zones.
§270-230. Agricultural lands in County
ARTICLE XXVI Agricultural Districts.
Special Regulations
ARTICLE XXVIII
$270.215. Mobile homes and trailers. Administration
$270.216. Elder cottages. §270.231. Enforcement.
$270-217. Extraction or deposit of fill §270.232. Applications for approvals,
and related products. remedies or relief.
$270.218. Limitations on vehicle repair §270.233. Permit to build.
garages and gasoline sales
§270-234• Certificate of occupancy.
stations.
$270-219. Telecommunications §270-235. Zoning Board of Appeals.
facilities. §270.236. Planning Board.
§270-237. Posting of notices.
ARTICLE XXVII §270-238. Entry and inspection.
General Provisions
§270.239. Violations and penalties.
$270.220. Building floor area. §270.240. Amendments.
$270.221. Side yard on corner lot. §270.241. Validity.
$270.222. Porches and carports. §270-242. Existing Zoning Ordinance
$270.223. Fences and walls. amended,readopted and
reenacted.
$270.224. Projections in yards. §270.243. Fees.
$270.225. Reduction of lot area. §270_244. Effective date.
§270.245. Transition provisions.
[HISTORY: Adopted by the Town Board of the Town of Ithaca 12-8-2003 by L.L. No.
7-2003.Amendments noted where applicable.]
270;6 11-15-2005
§ 270-5 ZONING §270-5
CLINIC— A building or any part of a building which is used for the group practice of
medicine by several physicians in which certain facilities other than reception are shared by
the occupants and in which patients are diagnosed or treated by physicians practicing as a
group.
CLUBHOUSE or LODGE— A building or premises. used exclusively by members of an
organization and their guests which premises or buildings are devoted to recreational or
athletic purposes, not primarily conducted for gain. It excludes commercial and merchandising
activities for other than its own membership.
COMMERCIAL COMPOSTING FACILITY— A facility which accepts materials for
composting from locations other than the property on which the facility is located. A
commercial composting facility does not include composting facilities where the materials
deposited for composting originate solely from the property on which the facility is located, or
from a property on which activities are conducted by the owner of the composting facility that
are related to the activities that are conducted on the property on which the facility is
located. [Added 8-1-2005 by L.L. No. 7-2005]
COMMUNITY RESIDENCE— A facility for adult residents operated by or subject to
licensure by the Office of Mental Health or the Office of Mental Retardation and
Developmental Disabilities of the State of New York defined as a Community Residence in
the Mental Hygiene Law.
DAY-CARE HOME— A facility, home, or other establishment at which day care is
provided for hire for more than three hours per day per child for no more than two children.
DOMESTIC ANIMALS— Domesticated horses, ponies, donkeys, sheep, cattle, llamas,
goats, pigs, ducks, geese, chickens, swans, turkeys, rabbits, cats, dogs, or other domesticated
animals found to be of a similar nature by the Zoning Board of Appeals, kept and maintained
for personal use rather than for commercial uses, and not generally available for sale.
DRIVE-THROUGH OR DRIVE-IN FACILITY— An establishment or facility that by
design of physical facilities permits customers to receive a service or obtain a product
(including food) while remaining in a motor vehicle on the premises.
DWELLING— A building designed or used primarily as the living quarters for one or more
families.
DWELLING UNIT— A dwelling, or portion of a dwelling, providing complete living
facilities for one family.
ELDER COTTAGE— A separate, detached, temporary one-family dwelling, accessory to a
one- or two-family dwelling on a lot erected and occupied in accordance with the provisions
of§270-216 of this chapter.
EQUESTRIAN FACILITY—
A. A facility available to the public providing one or more of the following services for
compensation:
270:11 11-15-2005
§ 270-5 ITHACA CODE § 270-5
(1) Horse-riding lessons.
(2) Horse training.
(3) Leasing of horses.
(4) Boarding of horses.
(5) Sale of horses other than an occasional sale of a horse owned and used solely for
personal purposes by the owner of noncommercial facility.
B. For the purpose of this definition, a pony or donkey shall be included in the term
"horse."
FAMILY—
A. An individual, or
B. Two or more persons occupying a single dwelling unit, related by blood, marriage, or
legal adoption, living and cooking together as a single housekeeping unit, or
C. Two unrelated persons, occupying a single dwelling unit, living and cooking together as
a single housekeeping unit.
D. Notwithstanding the provisions of Subsection C of this definition, a group of unrelated
persons numbering more than two shall be considered a family upon a determination by
the Zoning Board of Appeals that the group is a functional equivalent of a family
pursuant to the standards enumerated in Subsection F herein.
E. Before making a determination whether a group of more than two unrelated persons
constitutes a family for the purpose of occupying a dwelling unit, as provided for in
Subsection D of this definition, the Zoning Board of Appeals shall hold a public hearing,
after public notice, as is normally required for the obtaining of a variance. The fee for
such an application shall be the same as is required for an application for a variance. Said
application shall be on a form provided by the Zoning Board of Appeals or Zoning
Enforcement Officer.
F. In making a determination under Subsection D the Board of Appeals shall find:
(1) The group is one which in theory, size, appearance and structure resembles a
traditional family unit.
(2) The group is one which will live and cook together as a single housekeeping unit.
(3) The group is of a permanent nature and is neither merely a framework for transient
or seasonal (including as "seasonal" a period of an academic year or less) living,
nor merely an association or relationship which is transient or seasonal in nature.
In making this finding, the Zoning Board of Appeals may consider, among other
factors,the following:
(a) Whether expenses for preparing of food, rent or ownership costs, utilities,
and other household expenses are shared and whether the preparation, storage
and consumption of food is shared.
270:12 11-15-2005
§ 270-5 ZONING § 270-5
(b) Whether or not different members of the household have the same address
for the purposes of:
[1] Voter registration.
[2] Driver's license.
[3] Motor vehicle registration.
[4] Summer or other residences.
[5] Filing of taxes.
(c) Whether or not furniture and appliances are owned in common by all
members of the household.
(d) Whether or not any children are enrolled in local schools.
(e) Whether or not householders are employed in the local area.
(f) Whether or not the group has been living together as a unit for an extended
period of time, whether in the current dwelling unit or other dwelling units.
(g) Any other factor reasonably related to whether or not the group of persons is
the functional equivalent of a traditional family.
(4) In making determinations under this definition, the Zoning Board of Appeals shall
not be required to consider the matters set forth in §270-200 of this chapter.
G. Lesser permitted number.
(1) Notwithstanding the provisions elsewhere provided herein, if the following
limitations result in a lesser permitted number of occupants than would be
permitted under the definition of family set forth above and the regulations of each
zone set forth later in this chapter, the number of occupants, related or otherwise,
shall not exceed the maximum numbers determined on the basis of habitable space
of each dwelling unit as follows:
(a) A minimum of 150 square feet of habitable space for the first occupant; and
(b) 80 square feet of habitable space for each additional person in each dwelling
unit.
(2) In no case shall the enclosed floor area be less than required by §270-220 of this
chapter.
(3) Areas utilized for kitchenettes, bath, toilet, storage, utility space, closets, and other
service or maintenance space shall be excluded in detennining "habitable space."
FAMILY DAY-CARE HOME— A facility, home, or other establishment, defined as a
family day-care home in § 390 of the Social Services Law, at which day care is provided for
hire for generally three to six children and which is registered with the Tompkins County
270:13 11-15-2005
§270-5 ITHACA CODE § 270-5
Department of Social Services and is operated in accordance with the state and county
regulations governing operations of a family day-care center.
FAMILY-TYPE HOME FOR ADULTS— An adult care facility providing services to four
or fewer adult persons unrelated to the operator, all as defined as a family-type home for
adults in the New York Social Services Law § 2.
FARM— Any parcel of land containing at least three acres which is used in the raising of
agricultural.products, such as crops, livestock, poultry, and dairy goods. It includes structures
necessary to the production and storage of agricultural products and equipment and on-farm
buildings used for preparation or marketing of products produced, or derived from products
produced, predominantly on the farm property on which the building is located subject to the
limitations regarding roadside stands set forth in this chapter. [Amended 8-1-2005 by L.L.
No. 7-2005)
FARM RETREAT— A farm which includes facilities for room and/or board for up to three
people unrelated to the owner or operator of the farm, which people temporarily occupy farm
premises and participate in the farming activities for the purposes of learning about farm life.
FLASHING SIGN— Any illuminated sign on which the artificial light is not maintained
stationary and/or constant in intensity and color at all times.
GARAGE— A covered building used primarily for storage of automobiles and other similar
motor vehicles.
GROUP FAMILY DAY-CARE HOME— A facility, home, or other establishment defined
as a group family day-care home in § 390 of the Social Services Law, licensed by the New
York State Department of Social Services or by the Tompkins County Department of Social
Services, at which day care is provided for hire for generally seven to 14 children and is
operated in accordance with the state and county regulations governing operations of a group
family day-care home.
HEIGHT— As it relates to a structure other than a building, the distance measured from the
lowest level or portion of the structure (slab or base) in contact with the ground surface to the
highest point at the top of the structure.
HEIGHT FROM LOWEST INTERIOR GRADE— As it relates to a building, the vertical
distance measured from the surface of the lowest level (floor of a crawl space,basement floor,
slab, or other floor, even if below exterior grade level) in contact with the ground surface to
the highest point of the roof, excluding chimneys, antennae, and other similar protuberances.
When the measurement of height from the lowest interior grade is made from the floor of a
cellar the maximum permissible height from lowest interior grade shall be increased by four
feet. This permitted increase shall not apply when the measurement is from any other floor,
including a basement floor, slab or other floor.
HEIGHT FROM LOWEST EXTERIOR GRADE— As it relates to a building, the vertical
distance from the lowest point of the exterior finished grade adjacent to the wall of the
building to the highest point of the roof, excluding chimneys, antennae and other similar
protuberances.
270:14 11-15-2005
§ 270-5 ZONING §270-5
HOME OCCUPATION—
A. A business customarily conducted wholly within a dwelling, or building accessory
thereto, by an owner and resident of the dwelling, which is clearly incidental and
secondary to the use of the property for residential purposes and which meets the
following additional conditions: .
(1) An area of no more than 25% of the floor space of the dwelling (whether in the
dwelling or in an accessory building) or 500 square feet(whichever is less) is used
for such business;
270:14.1 11-15-2005
§ 270-5 ZONING §270-6
provision of two-way communication services of which at least one of the directions of
communications is wireless, including cellular telephone services, personal communications
services,private radio communications services, fire and emergency communications, and any
other private or public radio communications transmissions regulated by the Federal
Communications Commission in accordance with the Telecommunications Act of 1996 and
other federal laws. Such uses shall include private commercial uses as well as public uses. A
telecommunications facility shall include monopole, guyed, or latticework tower(s), as well as
antenna(s), switching stations, principal and accessory telecommunications equipment and
supporting masts, wires, structures and buildings. [Amended 5-9-2005 by L.L.No.5-2005]
TWO-FAMILY DWELLING— A detached building containing two dwelling units.
VEHICLE REPAIR GARAGE— A facility at which the principal activity is the servicing or
repairing of motor vehicles for hire. Such facilities include but are not limited to mechanic's
shops, speedy-type oil and lubrication facilities, and muffler and brake repair facilities.
YARD— An open space on the same lot with a building, unoccupied and unobstructed from
the ground upward except as otherwise permitted herein.
YARD, FRONT— The yard between the street right-of-way line and the front line of the
principal building, exclusive of eaves which overhang by no more than four feet, extended to
the side lines of the lot. The depth of the front yard shall be measured between the front line
of the building and the highway right-of-way line. Covered porches, or uncovered porches
more than three feet off of the ground, shall be considered as part of the building and shall not
project into a required front yard.
YARD, REAR— The yard between the rear lot line and the rear line of the principal
building,exclusive of overhanging eaves, extended to the side lines of the lot.
YARD, SIDE— The yard between the principal building, exclusive of overhanging eaves,
and a side lot line and extending through from the front yard to the rear yard.
ARTICLE IV
Establishment of Zones
§270-6. Enumeration of zones.
A. For the purpose of this chapter the Town of Ithaca is hereby divided into the following
types of zones (also sometimes hereinafter referred to as "districts"): [Amended
8-1-2005 by L.L.No. 7-2005]
Conservation Zones
Agricultural Zones
Lakefront Residential Zones
Low Density Residential Zones
Medium Density Residential Zones
High Density Residential Zones
270:19 11-15-2005
§ 270-6 ITHACA CODE § 270-6
Mobile Home Park Zones
Multiple Residence Zones
Neighborhood Commercial Zones
Office Park Commercial Zones
Community Commercial Zones
Vehicle Fueling and Repair Commercial Zones
Lakefront Commercial Zones
Light Industrial Zones
Industrial Zones
Planned Development Zones
Areas of Special Flood Hazard
Special Land Use Districts (Limited Mixed Use) - In accordance with and pursuant to
Local Law No. 2-1984
Special Land Use District No. 1 - In accordance with and pursuant to Local Law No.
3-1984 [Wiggins]
Special Land Use District No. 2 - In accordance with and pursuant to Local Law No.
4-1984 [Sapsucker Woods]
Special Land Use District No. 3 (Limited Mixed Use) -In accordance with and pursuant
to Local Law No. 4-1986 [Biggs Complex]
Special Land Use District No. 4 (Limited Mixed Use) -In accordance with and pursuant
to Local Law No. 1-1987 as amended by Local Law No. 2-2002 [Statler West]
Special Land Use District No. 5 (Limited Mixed Use) -In accordance with and pursuant
to Local Law No. 2-1988 [Chamber of Commerce]
Special Land Use District No. 7 (Limited Mixed Use) -In accordance with and pursuant
to Local Law No. 1-1994 [Ithacare]
Special Land Use District No. 8 (Limited Mixed Use) -In accordance with and pursuant
to Local Law No. 1-1995 as amended by Local Law No. 4-2001 [Ecovillage]
Special Land Use District No. 9 (Limited Mixed Use) -In accordance with and pursuant
to Local Law No. 14-1995 [Cornell Precinct 7]
Special Land Use District No. 10 (Limited Mixed Use) - In accordance with and
pursuant to Local Law No. 6-1998 [Sterling House/Sterling Cottage]
Special Land Use District No. 11 (Limited Mixed Use) - In accordance with and
pursuant to Local Law No. 7-1998 [Cornell Chilled Water Plant]
Planned Development Zone No. 12 -In accordance with and pursuant to Local Law No.
8-2005 [South Hill Business Campus]
B. Said districts are set forth on the map accompanying this chapter, Town of Ithaca Zoning
Map (the "Zoning Map"), dated August 25, 2003, and signed by the Town Clerk. Said
270:20 11-15-2005
§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, and any institution of higher learning including dormitory
accommodations.
C. Publicly owned park or playground, including accessory buildings and improvements.
270:23 11-15-2005
§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 XXM. 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 11-15-2005
§270-14 ZONING §270-14
§ 270-14. Permitted accessory buildings or uses.
The following accessory buildings or uses are permitted as of right in a Conservation Zone:
A. Accessory buildings customarily incidental to the above permitted uses.
B. Home occupations to the extent permitted and subject to the same requirements set forth
in the provisions related to home occupations in the sections governing Low Density
Residential Zones.
C. Wildlife rehabilitation operation as defined and regulated under six NYCRR Part 184,
provided that no noise, dust, disorder, or objectionable odor is experienced (as a result of
that use)beyond the boundary lines of the property where such use is conducted, and that
no more than three additional persons not residing on the premises may be employed.
270:24.1 11-15-2005
§270-22 ZONING §270-24
H. Roads and driveways should follow existing contours to the extent practicable to
minimize the impact of cuts and fills. The number of driveways accessing public streets
shall be kept to a minimum. The appropriate use of common driveways is encouraged.
I. The following shall apply to drainage:
(1) The Planning Board may require the preparation and submittal of a stormwater
management plan, to be approved by the Town Engineer, for proposed special
approval uses and for proposed subdivisions.
(2) Existing natural drainageways should be retained where possible.
(3) In cases where a retention basin will be required, a landscaping plan shall be
prepared and submitted for the Planning Board's approval. Basin landscaping
materials that enhance wildlife habitat shall be used to the extent practicable.
J. The following shall apply to lighting:
(1) Street lighting shall be provided only where site-specific safety conditions warrant.
(2) Where street lighting is required, its location, type, and intensity shall be subject to
the Planning Board's review and recommendation to the Town Board for approval.
K. Whenever a subdivision of land is proposed in a Conservation Zone, the Planning Board
may require that the nonbuildable areas listed above, including wetlands, slopes 25% or
greater, and streams/watercourses and setbacks, be shown on the preliminary and final
subdivision plats.
§270-23. Park and recreation setasides and fees in lieu thereof.
Because of the reduced density in the Conservation Zones, the requirements for maintaining
open space, existing public trails, and the existing and expected additional opportunities for
passive recreational activities in the areas included in the Conservation Zones, it is anticipated
that in Conservation Zones normally there will be no need for mandated parkland reservations
or fees in lieu thereof pursuant to applicable Town Law and Town of Ithaca Code Chapter
234, Subdivision of Land, and this Chapter 270, Zoning, including § 234-22 of Chapter 234,
Subdivision of Land, and any successor or related provisions.
§270-24. Site plan approval.
No building permit shall be issued for a building or structure within a Conservation Zone
requiring a special permit unless the proposed building or structure is in accordance with a
site plan approved pursuant to the provisions of Article XXIH.
270:29 11-15-2005
§270-25 ITHACA CODE §270-26
ARTICLE VI
Agricultural Zones
§ 270-25. Purpose.
The purpose of the Agricultural Zone is to assure a proper economic and physical
environment for continued agricultural use of land and other nonextractive natural resource
land uses; to maintain an open rural character to viable agricultural areas;to assure compatible
types and densities of development on lands that are usable for agricultural pursuits; and to
minimize other land uses incompatible with farming. Persons and entities not engaged in
agricultural pursuits in the Agricultural Zone should be aware that the primary intention of the
zone is to permit usual acceptable farming and farming practices which may generate dust,
odor, smoke, noise, and vibration; during growing seasons machinery may be operated at
other than daylight hours; certain generally acceptable farming operations may involve the use
and spraying of herbicides or pesticides; and acceptable practices in keeping animals may
involve odors or noises. Accordingly, any person or entity residing or working in an
Agricultural Zone should anticipate these types of concerns and recognize that such are the
by-product of zoning an area in the Town where agricultural endeavors are encouraged to
thrive. To the extent buffer areas may be required, the intention of such buffers is to reduce
the potential for conflicts between farming and nonfarming uses. Agricultural Zones are also
areas of the Town where it is unlikely public water or sewer will be made available, so as to
reduce the economic pressures for development that often flow from the introduction of such
facilities. Accordingly, persons acquiring property in Agricultural Zones should not expect
such public facilities to be provided.
270-26. Permitted principal uses.
Only the following buildings or uses are permitted of right in an Agricultural Zone:
A. Any lawful farm purpose, including usual farm buildings and structures, but excluding
rendering plants.
B. Plant nursery.
C. Equestrian facility.
D. Kennel, coop, or other facility for the housing or caring for animals, birds, or fish,
whether for hire or otherwise, including an animal shelter, wildlife refuge and fish farms.
E. A roadside stand or other structure, not exceeding 3,000 square feet of enclosed space,
for the display and sale of farm or nursery products 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. [Amended 8-1-2005 by L.L.No. 7-20051
F. A one-family dwelling to be occupied by no more than:
270:30 11-15-2005
§ 270-26 ZONING §270-27
(1) One family,or
(2) One family plus no more than one boarder,roomer, lodger, or other occupant.
G. 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%.
H. Publicly owned park or playground including accessory buildings and improvements.
I. Any municipal or public utility purpose necessary to the maintenance of utility services
except that substations and similar structures shall be subject to the same setback
requirements as apply to residences in the district in which the substations or similar
structures are constructed.
J. Day-care homes, family day-care homes and group family day-care homes.
K. Community residence.
L. Forest management and other forest resource uses, including the harvesting of timber in
conformance with environmentally sound forestry practices.
§270-27. Principal uses authorized by special permit only.
The following uses are permitted in an Agricultural Zone, but only upon receipt of a special
permit for same from the Planning Board in accordance with the procedures set forth in this
chapter:
A. Retail sales related to agricultural operations.
(1) Except as permitted as of right in the preceding section retail sales of machinery,
products, supplies, or produce primarily related to, or derived from, agricultural
operations subject to the following limitations:
(a) Any building devoted to such activity may be no larger than 4,000 square
feet,
(b) No more than six persons may be engaged in or employed by the activity;
(c) No more than three acres, inclusive of building, parking, driveways, well,
septic system and other ancillary facilities,be dedicated to the use;
(d) No outside storage other than temporary day-time only display of products,
unless otherwise authorized by the Planning Board.
(2) In determining whether to grant such authorization, the Planning Board shall
consider, in addition to other criteria set forth in this chapter, that:
1
270:31 11-15-2005
§270-27 ITHACA CODE §270-27
(a) The nature of the business generally requires outside storage;
(b) There is adequate space on the lot for the proposed storage;
(c) The premises are screened or otherwise buffered so that the outside storage
does not adversely impact the neighboring properties and property owners;
and
(d) The proposed outside storage will not adversely affect the character of the
surrounding neighborhood.
B. Veterinary offices or hospitals.
C. Church or other places of worship, convent and parish house.
D. Cemetery and the buildings and structures incident thereto.
E. Public, parochial and private schools, public library, public museum, nursery school, and
any institution of higher learning relating to agricultural pursuits.
F. Fire station or other public building necessary to the protection of or the servicing of a
neighborhood.
G. Golf course or driving range with related facilities such as clubhouse, restaurant, and pro
shop.
H. Cross-country ski center with related facilities such as lodge, ski shop and restaurant.
I. Commercial composting facility where composting occurs for sale, utilizing more than
400 square feet of land in which event the following additional requirements shall apply:
(1) The lot on which the facility is located shall be at least two acres in size;
(2) The composting facility shall be located at least 100 feet from any roadway and
any lot line, except for lot lines adjacent to Residential Zones, in which event the
setback from the Residential Zone line shall be increased to 250 feet and shall
have a buffer of vegetation or fencing to screen the facility from the Residential
Zone;
(3) The facility shall be operated in a clean and orderly manner so that it does not
create a nuisance to any neighboring property.
J. Hunting preserves, lodges, or clubhouses.
K. Bed-and-breakfast.
L. Radio, television, telecommunication, microwave, satellite or other electronic
transmission•facility operated pursuant to a license from the Federal Communications
Commission or any successor federal or state agency.
M. Research facilities principally dedicated to research in agriculture or animal husbandry.
[Amended 8-1-2005 by L.L. No.7-2005]
270:32 11-15-2005
SOOZ-ST-ii I•Z£=OLZ
1[,=d H
LZ-OLZ§ JAIIMOZ LZ-OLZ§
§270-54 ZONING §270-55
E. Any municipal or public utility purpose necessary to the maintenance of utility services
except that substations and similar structures shall be subject to the same setback
requirements as apply to residences in the district in which the substations or similar
structures are constructed.
F. Day-care homes, family day-care homes and group family day-care homes.
G. Community residence.
H. Any lawful farm purpose, including usual farm buildings and structures, but excluding
rendering plants, 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, notwithstanding the provisions of
Subsection C above and regardless of the size of the lot, provided that such use is in
compliance with all other provisions, such as yard regulations, building area, and other
provisions governing Low Density Residential Zones. [Added 8-1-2005 by L.L. No.
7-2005]
§ 270-55. Principal uses authorized by special permit only.
The following uses are permitted in a Low Density Residential 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, convent and parish house.
B. Cemetery and the buildings and structures incident thereto.
C. Public, parochial and private schools, public library, public museum, day-care center,
nursery school, and any institution of higher learning including dormitory
accommodations.
D. Fire station or other public building necessary to the protection of or the servicing of a
neighborhood.
E. Golf course, driving range or miniature golf course.
F. Clinic and nursing or convalescent home, provided that no building so used shall be
within 100 feet from any street or within 150 feet of the lot line of any adjoining owner.
G. Clubhouse or lodge, provided that no building so used shall be within 100 feet from any
street or within 150 feet of the lot line of any adjoining owner.
H. Bed-and-breakfast.
I. Equestrian facility, provided that adequate provision is made to prevent nuisance to
adjoining residences and provided:
(1) The lot size is at least two acres (three acres if public sewers are not available);
(2) There is a nonoccupied and nonused buffer of at least 50 feet around the perimeter
of the lot;
270:47 11-15-2005
§ 270-55 ITHACA CODE §270-56
(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.
§ 270-56. Permitted accessory buildings and uses.
The following accessory buildings or uses are permitted as of right in a Low Density
Residential Zone:
A. Off-street garage or parking space for the occupants, users and employees in connection
with uses permitted in this article,but subject to provisions of§270-227.
B. Where the principal use is as a one- or two-family dwelling, private swimming pool,
tennis courts, and other similar recreational facilities for the principal private use of the
occupants of the dwelling.
C. 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 building may not exceed 2,000
square feet.
D. A temporary building for commerce or industry, where such building is necessary or
incidental to the development of a residential area. Such buildings may not be continued
for more than one year except upon receipt of a special approval from the Board of
Appeals.
E. The keeping of household pets in a dwelling unit or other location adjacent to or
accessory to a dwelling unit (e.g., outside doghouse, etc.) provided that no more than
three household pets shall be kept outside of dwelling units unless a greater number is
authorized by special approval of the Zoning Board of Appeals.
F. The keeping of domestic animals in accessory buildings, provided that no such building
shall be nearer than 30 feet to any lot line of any adjoining owner, and further provided
that there shall be no raising of fur-bearing animals, or kennels for more than three dogs
over six months old.
G. Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca.
H. A 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. 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.
I. Adult day-care facilities serving no more than four clients at any one time.
270:48 11-15-2005
§270-57 ZONING §270-58
§270-57. Accessory buildings and uses authorized by special approval only.
The following accessory buildings or uses are permitted in a Low Density Residential Zone,
but only upon receipt of a special approval for same from the Board of Appeals in accordance
with the procedures set forth in this chapter:
A. Elder cottages pursuant to, and subject to, the provisions of§270-216 of this chapter.
B. A second dwelling unit in a building other than the principal building, provided that:
(1) All of the general criteria set forth elsewhere in this chapter for the issuance of a
special approval have been satisfied;
(2) The location of the second dwelling, and the building in which it is located, does
not adversely impact in any significant manner the adjoining neighbors;
(3) The building containing such second dwelling is located at least 40 feet from any
side boundary of the lot, and is not constructed in any required front yard;
(4) There is adequate off-street parking for the proposed number of occupants,
including occupants of both the principal building and the dwelling unit for which
special approval is sought;
(5) The floor area of the second dwelling (inclusive of floor area on all floors
dedicated to such dwelling) does not exceed 50% of the floor area of the primary
dwelling on the lot;
(6) The second dwelling is located in a building that is accessory to the principal
dwelling;
(7) The building containing the primary dwelling does not contain more than one
dwelling; and
(8) There are no elder cottages or other buildings on the lot containing dwellings other
than the building containing the primary dwelling and the building for which
special approval is sought.
C. Home occupation.
§270-58. Accessory buildings and uses authorized by special permit only.
The following accessory buildings or uses are permitted in a Low Density Residential 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. Equestrian facility, provided that adequate provision is made to prevent nuisance to
adjoining residences and provided the lot size is at least two acres and there is a
nonoccupied and nonused buffer of at least 50 feet around the perimeter of the lot.
270:49 11-15-2005
§ 270-59 ITHACA CODE § 270-61
§270-59. Height limitations. [Amended 8-1-2005 by L.L. No. 7-20051
Except as may be specifically otherwise authorized in this chapter, in Low Density Residential
Zones no building shall be erected, altered, or extended to exceed 38 feet in height from
lowest interior grade nor 36 feet in height from lowest exterior grade, whichever is lower. No
structure other than a building shall be erected, altered, or extended to exceed 30 feet in
height. Accessory buildings shall in no case exceed 15 feet in height. The foregoing height
limitations shall not apply to buildings and structures used for agricultural purposes 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. Such agricultural buildings and structures so located may be constructed
without limitations as to heights.
§270-60. Yard regulations.
In Low Density Residential 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 30 feet or
need it be greater than 60 feet.
B. Rear yard: Not less than 50 feet in depth.
C. Side yards: Each not less than 40 feet in width, except that in one of the side yards a
one-story garage, either attached to the principal building or separate therefrom, may be
15 feet from a side line which is not a street line.
D. Greater yards: Notwithstanding the foregoing, any special yard requirements for specific
uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede
the above yard provisions.
E. Accessory buildings: In Low Density Residential Zones 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 15% 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.
Notwithstanding the foregoing, a private garage that serves dwellings on two separate
lots may be built across a common lot line with a party wall by mutual agreement
between adjoining property owners provided that there is at least one garage bay on each
lot. Any accessory building on a comer lot shall not be less than five feet from the rear
lot line. Where the average natural slope of a lot exceeds 8%rise or fall directly from the
street line, a private garage not over one story in height and housing not in excess of two
cars may be located in the front or side yard not less than five feet from said street line
upon receiving a special approval from the Board of Appeals.
§270-61. Building area.
The maximum building area shall not exceed 10% of the lot area. Projections described in
§270-224 are not to be included in computing the percentage.
270:50 11-15-2005
§270-62 ZONING § 270-62
§270-62. Size and area of lot
Lots in Low Density Residential Zones shall meet the following minimum requirements:
A. Minimum lot area shall be at least 30,000 square feet; and
B. Minimum width at the street line shall be 100 feet; and
C. Minimum width at the maximum required front yard setback line (60 feet from the street
line)shall be 150 feet; and
D. Minimum depth from the highway right-of-way shall be 200 feet.
270.50.1 u-15-'2W
§ 270-214 ZONING § 270-215
effective zoning 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
investment that existed in the property on March 1, 1991, or if the zoning change
creating the nonconformity was adopted after March 1, 1991, the amount of such
investment on the date of such later zoning change; iv) the detriment caused by the
nonconforming use; v) the character of the neighborhood; vi) the ability of the landowner
to have amortized the cost of the landowner's investment over the period between March
1, 1991 (or such later zoning change date) and the required termination of such use; and
vii) whether an additional reasonable amount of time is needed by the owner to amortize
the owner's investment. In making its determination the Board shall disregard, as
irrelevant, any costs for purchase of a nonconforming building or property or costs to
repair, maintain, improve or enlarge a nonconforming property, incurred after March 1,
1991, or, if the nonconformity was created by a subsequent zoning change, any such
costs incurred after such change. 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.
§ 270-214.1. Nonconforming farms in Medium Density Residential Zones. [Added
8-1-2005 by L.L. No.7-20051
Notwithstanding the provisions of §§ 270-203 through 270-214, a valid nonconforming farm
use or nonconforming farm structure, in a Medium Density Residential Zone, may be
enlarged, increased, altered, or extended upon receipt of a special approval for such action
from the Board of Appeals instead of a variance. The criteria for granting such special
approval shall be as set forth in §270-200 rather than the normal criteria for granting a use
variance. This section shall apply only when the principal use of the property is as a farm.
ARTICLE XXVI
Special Regulations
§ 270-215. Mobile homes and trailers.
Trailer camps or parks and trailers or mobile homes for occupancy shall be prohibited in all
zones except Mobile Home Park Zones and except as follows:
A. One mobile home may be placed on a vacant lot in a residence or agricultural zone for
use as temporary housing during the construction of a permanent dwelling on said lot for
a periodnot to exceed 18 months, provided that said mobile home shall be occupied by
the owner of record of said lot.
(1) Such eighteen-month period may be extended by permission of the Board of
Appeals, upon good cause shown by the owner of the land on which the mobile
home is located, and after a public hearing on same.
(2) Said mobile home must be removed upon the completion of construction although
the eighteen-month time limit may not have fully expired.
270:111 11-15-2005
§270-215 ITHACA CODE §270-216
B. Upon special approval of the Board of Appeals to be reviewed each year, one mobile
home for each property owner shall be permitted in all Agricultural and Low Density
Zones, provided that one of the occupants of said mobile home shall be a full-time
agricultural employee of the property owner or a bona fide agricultural student doing
agricultural work for the property owner.
§270-216. Elder cottages.
Elder cottages shall be permitted as accessory uses, upon obtaining special approval from the
Board of Appeals,and subject to the following provisions and conditions:
A. Use limitations. An elder cottage shall not be occupied by more than two persons:
(1) Who shall be the same persons enumerated on the application for the elder cottage,
(2) Who shall be persons 55 years of age or older, and
(3) At least one of such persons shall be a parent or grandparent of one of the owners
and occupants of the principal dwelling on the lot where the elder cottage is
located.
B. Dimensional limitations:
(1) The elder cottage shall not exceed 750 square feet in total floor area.
(2) Notwithstanding any other provisions of this chapter, the minimum size of the
elder cottage may be reduced to no less than 250 square feet of enclosed floor
area.
(3) The elder cottage shall not exceed one story in height and under no circumstances
shall the total height exceed 20 feet.
C. Location requirements:
(1) An elder cottage shall, subject to the further limitations of this section, be located
only on a lot where there already exists a one-family or two-family dwelling.
(2) No elder cottage shall be located within the front yard of any lot.
(3) No elder cottage shall be permitted on a nonconforming building lot.
(4) No more than one elder cottage shall be located on any lot.
(5) The erection of the elder cottage shall be otherwise in conformity with all other
provisions of this chapter including lot coverage and side and rear yard setbacks.
D. Building requirements:
(1) An elder cottage shall be clearly subordinate to the principal building on the lot
and its exterior appearance and character shall be in harmony with the existing
principal building.
270:112 11-15-2005
§270-216 ZONING § 270-216
(2) An elder cottage shall be constructed in accordance with all applicable laws,
regulations, codes and ordinances, including the Building Code. If an elder cottage
is a factory manufactured home or component, in addition to complying with any
other law, it shall bear an insignia of approval or other equivalent, legally
recognized indicia of compliance with applicable laws, issued by the New York
State Fire Prevention and Building Code Council or the New York State Division
of Housing and Community Renewal.
270:112.1 11-15-2005
Chapter 271
ZONING: SPECIAL LAND USE DISTRICTS
§271-1. Special regulations applicable to §271-8. Special Land Use District No.7
stated special land use districts. (Limited Mixed Use,Ithacare).
§271-2. Special Land Use Districts: §271-9. Special Land Use District No.8
Limited Mixed Use. (Limited Mixed Use,
§271-3. Special Land Use District No. 1 EcoVillage).
(Wiggins). §271-10.Special Land Use District No.9
§271-4. Special Land Use District No. 2 (Limited Mixed Use, Cornell
(Sapsucker Woods). Precinct 7).
§271-5. Special Land Use District No.3 §271-11.Special Land Use District No.
(Limited Mixed Use,Biggs 10(Limited Mixed Use, Sterling
Complex). House/Sterling Cottage).
§271-6. Special Land Use District No. 4 §271-12.Special Land Use District No.
(Limited Mixed Use,Statler 11 (Limited Mixed Use, Cornell
West). Chilled Water Plant).
§271-7. Special Land Use District No. 5 §271-13.Planned Development Zone No.
(Limited Mixed Use,'Chamber 12.
of Commerce).
[HISTORY: Adopted by the Town Board of the Town of Ithaca as indicated in section
histories.Amendments noted where applicable.]
GENERAL REFERENCES
Zoning—See Ch.270.
§271-1. Special regulations applicable to stated special land use districts. [Added
7-12-2004 by L.L.No.7-20041
The following provisions,regulations and requirements shall apply to existing special land use
districts (now considered planned development zones) and to specific special land use districts
as stated in the following sections.
§271-2. Special Land Use Districts: Limited Mixed Use. [Adopted 8-13-1984 by L.L. No.
2-1984]
A. This section amends Section 1 of Article 11 of the Town of Ithaca Zoning Ordinance'by
adding to the list of permissible districts which may be designated as Special Land Use
District(Limited Mixed Use).
1. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 1984,when this section was adopted See
now§270-6.
271:1 11-15-2005
§ 271-2 M-IACA CODE §271-2
B. The uses permitted in such district will be such a combination of the uses permitted in a
residential and agricultural district and in Business Districts A, B, and E as the Town
Board may permit. The diverse uses must be combined in a unified plan.
C. The establishment of any such district shall lie in the sole discretion of the Town Board,
as a legislative body. It shall be established by amending the Zoning Ordinance to permit
such establishment. The enactment and establishment of such a district shall be a
legislative act. No owner of land or other person having an interest in land shall be
entitled as a matter of right to the enactment or establishment of any such district.
D. The provisions of the Zoning Ordinance and Planning Board Regulations, as they may be
amended from time to time, and any other regulations, orders, rules and resolutions shall
apply to the establishment of any such district.In addition, the Town Board may impose
such conditions and restrictions governing the establishment and regulating the use of
land in any such district as the Town Board deems necessary and desirable.
E. Subject to the provisions below, the procedures governing an application for site plan
approval as provided in Section 46 and 46(a)shall apply except that: [Amended
6-9-1986 by L.L.No.3-19861
(1) Before submitting a general site plan to the Planning Board, the applicant shall
submit the general site plan to the Town Board.
(2) The Town Board, in its discretion may require additional information, may refer
the matter to the Planning Board for recommendation, or may establish a public
hearing date on the proposed district.
(3) No application for the establishment of any such district shall be referred to the
Planning Board except by the Town Board.
(4) The Town Board may impose other procedural requirements with respect to any
application or with respect to a specific application as the Town Board may deem
necessary and desirable.
F. Projects such as the Wiggins "La Tourelle" Project,the Rocco Lucente Sapsucker Woods
Project and the Lake Shore West Project which have been in the process of being
reviewed by the Town Board and the Planning Board shall be deemed to have been
referred to the Planning Board and the Town Board may amend the Zoning Law to
establish such Special Land Use Districts, if final approval or recommendation has been
made by the Planning Board.
G. If any portion of this section is declared invalid by a court of competent jurisdiction, the
validity of the remaining portions shall not be affected by such declaration of invalidity.
2. Editor's Note:Numbering refers to the Zoning Ordinance as it existed in 1984,when this section was adopted and
amended.
271:2 11-15-2005
§271-12 ZONING: SPECIAL LAND USE DISTRICTS §271-12
bona fide, recorded lease for a term of more than 35 years, the property shall be deemed
"owned" by the person(s) or entity(ies) holding at least a 51% interest as tenant in such
lease. Property is also 'owned" by an entity which holds 100% of the issued and
outstanding shares of a corporation which is the fee title holder to at least a 51% interest
in the property.
K. Amendment of Zoning Map. The Official Zoning Map of the Town of Ithaca is hereby
amended by adding this Special Land Use District in the area described above.
L. Invalidity of portion of local law. In the event that any portion of this section is declared
invalid by a court of competent jurisdiction, the validity of the remaining portions shall
not be affected by such declaration of invalidity.
M. Effective date. This section shall take effect 20 days after its adoption or the date it is
filed in the Office of the Secretary of State, whichever is later.
Schedule A
Description of SLUR for Cornell University Chilled Water Plant,Town of Ithaca
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, County of
Tompkins and State of New York, more particularly bounded and described as follows:
BEGINNING at a point in the easterly highway line of East Shore Drive (see Highway
Appropriation C.H. No. 1330 Map, No. 1.3), at a point located North 25 degrees 57
minutes 42 seconds West, a distance of 357.47 feet from a pin with cap set at the
northwesterly comer of premises now or formerly of Lowery (Liber 512 at page 771);
and
RUNNING THENCE along said easterly highway line North 25 degrees 57 minutes 42
seconds West, a distance of 270.00 feet to a concrete highway monument; and
RUNNING THENCE North 01 degrees 52 minutes 26 seconds East, a distance of 51.00
feet to a concrete highway monument; and
RUNNING THENCE North 43 degrees 22 minutes 38 seconds West, a distance of
78.50 feet to a pin with cap set in the easterly line of said highway at the northern
extreme of a triangular Highway Appropriation (see C.H. No. 1330 Map, No. 1.2)
bounded by this and the previous course; and
RUNNING THENCE North 26 degrees 02 minutes 59 seconds West, a distance of
152.44 feet to a point in the easterly line of said highway; and
RUNNING THENCE North 85 degrees 49 minutes 58 seconds East, a distance of
345.95 feet to a point in the easterly line of the Town of Ithaca and westerly line of the
Village of Cayuga Heights; and
RUNNING THENCE South 23 degrees 04 minutes 18 seconds East, a distance of
264.78 feet along the said corporation line of the Village of Cayuga Heights and the line
of the Town of Ithaca, to a point; and
RUNNING THENCE South 32 degrees 45 minutes 11 seconds West, a distance of
112.96 feet to a point with a monument found 6.6 feet southwesterly thereof; and
RUNNING THENCE South 11 degrees 03 minutes 04 seconds East, a distance of
104.00 feet to a point with a monument found 1.0 feet southerly thereof; and
271:69 11-1s-2005
§271-12 ITHACA CODE §271-13
RUNNING THENCE South 73 degrees 14 minutes 16 seconds West, a distance of
97.86 feet to a point; and
RUNNING THENCE South 60 degrees 05 minutes 46 seconds West, a distance of
88.27 feet, to the point or place of beginning.
Containing 3.12 acres,be the same more or less.
Being a portion of the lands of Noah's Boat Club, Inc., described in a deed to it recorded
in Book 555 of Deeds at page 126.
§271-13. Planned Development Zone No. 12. [Added 9-12-2005 by L.L. No.8-20051
A. Findings.
(1) Many years ago, NCR Corporation built a large manufacturing facility at 950
Danby Road on South Hill in the Town of Ithaca, which building, with additions
since its construction, now consists of approximately 162,004 square feet of
manufacturing space, approximately 95,802 square feet of office space,
approximately 6,768 square feet of cafeteria space, and approximately 12,560
square feet of other miscellaneous space;
(2) There are adjacent to said building approximately 1,200 parking spaces;
(3) Over the years, the ownership of the building and the surrounding property has
changed, and they have recently been acquired by South Hill Business Campus,
LLC (the owner);
(4) Over the years, the occupancy of the building has gradually decreased to the point
where today only approximately 87,329 square feet of the building is being
utilized, a significant underutilization of available space;
(5) To accomplish increased occupancy, the owner needs to be able to rent to a variety
of tenants engaged in a variety of different businesses and activities, and
accordingly will need to convert portions of the space from its past uses to other
types of uses;
(6) It is the intention of the owner that such increased occupancies be accomplished in
a cohesive manner and in a manner that does not cause adverse environmental
effects under the State Environmental Quality Review Act and the regulations and
local laws adopted thereunder that would exceed the environmental effects that
would occur if the building were fully occupied in the manner in which it would
be permitted to be occupied under the zoning regulations presently applicable to it;
(7) The building and a portion of the surrounding property (the premises)are currently
zoned Industrial;
(8) Under the current zoning, any change in use in the area of the building requires a
site plan modification approval from the Planning Board before any construction or
change may occur, which normally takes a minimum of 30 days to process to a
271:70 11-15-2005
§271-13 ZONING: SPECIAL LAND USE DISTRICTS §271-13
hearing and obtain a decision, and sometimes takes longer when more than one
meeting is necessary to make a decision;
(9) If a use requested by a tenant is not one presently permitted in the Industrial Zone,
the process may also require an appearance before the Zoning Board of Appeals
for a decision, which takes an additional two or more weeks, and since the request
is often for a use variance, the criteria for which are difficult to meet, it is
sometimes impossible to obtain the needed variance;
(10) The owner has requested that the premises be rezoned to a Planned Development
Zone;
(11) The requested rezoning would apply to the building and surrounding property that
are currently zoned Industrial but would not apply to other adjacent property also
owned by owner that is zoned Office Park Commercial;
(12) The purpose of a Planned Development Zone is to permit, where appropriate, a
degree of flexibility in conventional land use and design regulations that will
encourage development in an imaginative and innovative way while insuring
efficient investment in public improvements, a more suitable environment and
protection of community interest;
(13) Given the nature of the building, its size, the amount of parking available, the
access to a state highway, and other attributes and circumstances regarding the
premises, uses other than those permitted in an industrial zone would be
compatible with the surrounding area and would provide spaces for uses that
would be helpful to other facilities in the area, including Ithaca College and
Ithacare;
(14) The Town's Comprehensive Plan encourages light industrial and office park
development in appropriate areas to provide a variety of employment opportunities
and to increase the tax base;
(15) The premises meet the Town's guidelines for light industrial and office park
development, including access to municipal sewer and water, sufficient site area,
safe and efficient road access, access by public transit, and adequate distance from
incompatible uses;
(16) The change of zoning from Industrial to Planned Development Zone is in
accordance with the Comprehensive Plan, will provide flexibility in the
redevelopment of an important facility in the Town consistent with community
needs and character, will increase the variety of employment opportunities, will
increase the tax base, and furthers the health and welfare of the community; and
(17) The Planning Board has recommended the adoption of this section and has
approved a site plan for Planned Development Zone No. 12, which approval will
become effective upon the effective date of this section.
B. Only the following uses are permitted of right in Planned Development Zone No. 12:
271:71 11-15-2005
§271-13 ITHACA CODE § 271-13
(1) Bank or other financial institution without a drive-through facility.
(2) Business, administrative or professional offices.
(3) Medical and dental clinics not involving any overnight occupancy.
(4) Optician and related facilities.
(5) Municipal or other governmental offices.
(6) Industrial uses employing electric power or other motor power, or utilizing hand
labor for fabrication or assembly.
(7) Indoor warehousing and indoor storage including self-service storage facilities.
(8) Printing, publishing and bookbinding.
(9) Research and development facilities utilizing office spaces, indoor scientific
laboratories, and other similar indoor spaces.
(10) Conference and event center.
(11) Off-premises catering.
(12) Packaging/mailing service.
(13) Arts and crafts gallery or studio.
(14) Educational uses, provided the nature of the use is otherwise authorized in this
Planned Development Zone(e.g., an office used for educational purposes would be
permitted, a dormitory used for educational purposes would not be permitted).
(15) Any lawful manufacturing activity, except for the uses expressly enumerated
below:
(a) Any of the following factories or works: arsenal, blast furnace, boiler works,
iron, steel, brass or copper foundry, metal ore, smelting, planing mill, rolling
mill and stockyards or slaughterhouse.
(b) The manufacturing or storage of explosives and gas, oil and other flammables
or petroleum products.
(16) Cafeteria providing dining services primarily for occupants of the building(s) in
Planned Development Zone No. 12.
(17) Fitness center with related shower and ancillary facilities.
(18) Recording studio.
C. The following uses are permitted in Planned Development Zone No. 12 but only upon
receipt of a special permit for same from the Planning Board in accordance with the
procedures set forth in Chapter 270 of the Code of the Town of Ithaca(Chapter 270):
271:72 11-15-2005
§271-13 ZONING: SPECIAL LAND USE DISTRICTS §271-13
(1) Restaurant without a drive-through facility.
(2) Clubhouse, lodge,community center.
(3) Hospital, medical or dental clinic that involves overnight occupancy.
D. The following uses are specifically prohibited in Planned Development Zone No. 12:
(1) Dwelling units, except as an accessory use as set forth below.
(2) Sales of any products at retail to the general public except as the same may be
related to and an incidental by-product of a permitted principal use, such as
manufacturing, and except as may be authorized specifically by this section, such
as restaurant sales or sales related to an arts and crafts gallery or studio.
(3) Motel.
(4) Hotel.
(5) Adult entertainment business.
(6) Restaurant, bank, or any other enterprise with a drive-through facility.
E. The following accessory uses are permitted in Planned Development Zone No. 12:
(1) Automobile parking and off-street loading areas, subject to the further
requirements of Chapter 270.
(2) Accessory storage buildings, but not to include outside storage.
(3) Signs, as regulated by Chapter 221 of the Code of the Town of Ithaca entitled
"Signs."
(4) The dwelling of a guard, caretaker or custodian but not more than one dwelling
unit per building.
(5) Guardhouse.
(6) Common recreational areas including playfields, ballfields, tennis and volleyball
courts, swimming pools, walkways, parks, community gardens, and other similar
outdoor recreational facilities.
(7) Incidental retail sales of candy, ice cream, baked goods, flowers, and other small
items intended primarily for occupants and tenants of the premises.
F. The following accessory uses are permitted in Planned Development Zone No. 12 but
only upon receipt of a special permit for same from the Planning Board in accordance
with the procedures set forth in Chapter 270:
(1) Child day-care centers.
(2) Any municipal or public utility structures necessary to the provision of utility
services for the permitted facilities.
271:73 11-15-2005
§271-13 ITHACA CODE §271-13
(3) Fences up to eight feet in height if approved by the Planning Board as appropriate
and necessary for any use otherwise permitted by this section.
G. Any use and construction in Planned Development Zone No. 12 shall be governed by all
of the requirements,including placement of structures, minimum area, height limitations,
yard regulations, building area, minimum usable open space, lot sizes and areas,
off-street loading, access and sidewalks, buffer areas and screening, displays,
performance standards, and similar requirements, of an Industrial Zone, except as the
same may be specifically modified by the terms of this section.
H. Compliance with site plan required.
(1) Except as set forth in Subsection I below, no building permit shall be issued for a
building or structure within Planned Development Zone No. 12 nor shall any
existing building, structure, occupancy or use in such Zone be changed unless the
proposed building, structure, occupancy and/or use is in accordance with a site
plan approved by the Planning Board or with a modified site plan approved
pursuant to the provisions of Article XXIII and other applicable provisions of
Chapter 270.
(2) In addition to the actions listed in § 270-191 that require Planning Board approval
of modified site plans, any change in occupancy or use of the premises that
involves the on-site transport, use, storage or disposal of hazardous substances
shall require prior Planning Board approval of a modified site plan pursuant to the
provisions of Article XXM.
I. Notwithstanding the immediately,preceding subsection, no site plan approval shall be
required for any change in occupancy that does not include a change in use, nor for any
modification of use from a use permitted as of right to another use permitted as of right
in Planned Development Zone No. 12, provided:
(1) No new building, no construction on the exterior of any existing buildings, and no
change in any of the facilities outside existing buildings (e.g., lighting, grading,
parking, or other exterior physical feature) are required to effect such change in
occupancy or use; and
(2) All construction related to such change is in the interior of existing buildings; and
(3) Any construction required in connection with such change complies in all respects
with all applicable building codes and environmental regulations; and
(4) The party effecting such change has obtained, if required by any applicable
building or environmental code:
(a) A building permit; and
(b) Before occupancy of the altered space, a certificate of occupancy; and
(5) The proposed change in occupancy or use does not involve the on-site transport,
use, storage or disposal of hazardous substances.
271:74 11-15-2005
§ 271-13 ZONING: SPECIAL LAND USE DISTRICTS §271-13
J. All of the area rezoned pursuant to this setion shall be owned by the same party and
there shall be no subdivision of the area contained in Planned Development Zone No. 12.
K. The area encompassed and rezoned in accordance with this section to Planned
Development Zone No. 12 is described on Schedule A to this section. The official
Zoning Map of the Town of Ithaca is hereby amended by adding such zone at the
location described.
L. Any violations of the terms of this section shall constitute a violation of Chapter 270 of
the Code of the Town of Ithaca and shall be punishable as set forth in said Code and in
§268 of the Town Law of the State of New York. Each week's continued violation shall
constitute a separate offense. Notwithstanding the foregoing, the Town reserves for itself,
its agencies and all other persons having an interest, all remedies and rights to enforce
the provisions of this section, including, without limitation, actions for any injunction or
other equitable remedy, or action and damages, in the event the owner of the parcel
covered by this section fails to comply with any of the provisions hereof."
Schedule A
Description of Property To Be Rezoned to Planned Development Zone No. 12
ALL THAT TRACT OR PARCEL LAND situate in the Town of Ithaca, Tompkins
County,New York, being more particularly described as follows:
COMMENCING at a point in the westerly highway line of Danby Road (N.Y.S.
Route 96B) which point is in the southeasterly comer of premises reputedly owned
by I.C.S. Development Partners, Inc. (734 Deeds 37) and which point is
approximately 200 feet northerly from a north line of the driveway serving what is
now known as the South Hill Business Campus at 950 Danby Road; running thence
along the westerly line of Danby Road South 20° 51' 37" West a distance of 168.81
feet; thence South 68° 32' 1" East along a highway line of Danby Road a distance of
13 feet to a point; thence South 21° 37' 55" West along the westerly line of Danby
Road a distance of 953.16 feet to a point; thence South 22° 42' 32" West along the
westerly line of Danby Road a distance of 463.00 feet to a point; thence
approximately North 66° West a distance of approximately 330 feet to a point
immediately East of an asphalt parking area; thence approximately north 84° West a
distance of approximately 1030 feet to an iron pipe; thence North 6° 49' 21" East a
distance of 832.60 feet to an iron pipe in a southerly line of premises reputedly of
Bracewell (554 Deeds 964); thence South 85° 46' 36" East 422.75 feet to a pin set at
the intersection of two stone walls; thence North 7° 11' 20" East a distance of 625.43
feet to an iron pipe found at a southwesterly comer of premises reputedly of Emersub
IV, Inc. (592 Deed 1080); thence South 83° 51' 55" East along the Emersub IV, Inc.
property line a distance of 968.14 feet to a pipe in a southwest corner of premises
reputedly of I.C.S. Development Partners, Inc. (734 Deeds 37); thence South 83° 03'
41" East a distance of 414.30 feet to the point or place of beginning.
The above described premises are more fully shown on a map entitled: "South Hill
Business Campus, 950 Danby Road, Survey Map", a copy of which is on file in the
Town of Ithaca Planning Office.
271:75 11-15-2005
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 Law
No. Adoption 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 114-2004 Water rates amendment Ch. 261
10-2004 12-13-2004 Signs amendment Ch. 221
11-2004 12-13-2004 Special land use districts amendment Ch. 271
1-2005 1-10-2005 Parking; stop and yield intersections Ch. 250, Art. III
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 Districts Ch. 271
amendment
7-2005 8-1-2005 Zoning amendment(agricultural Ch. 270
activities)
DL:1 11-15-2005
§DL-1 ITHACA CODE § DL-1
Local Law
No. Adoption 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
DL:2 11-15-2M