HomeMy WebLinkAboutTB Packet 2017-05-22 Study Session of the Ithaca Town Board
May 22, 2017
Agenda
1. Deer Management Recommendations —Conservation Board
2. Route 96B Pedestrian Study Final Report
3. Review process for water bill inquiries
4. Discuss and consider joining an amicus brief regarding CAFO's
5. Committee Reports
a. Codes and Ordinances
i. Signs and Murals
b. Planning
ii. Short term rentals
c. Budget
d. Personnel and Organization
e. Public Works
f. Other—Acknowledge Ethics Forms
6. Review June Agenda
7. Consent Agenda
a. Approve Town Board Minutes
b. Town of Ithaca Abstract
c. Accept Park Foundation Grant 17-048
8. Consider Executive Session
9. Adjourn
From: Bill Goodman
To: PLearvContact; E Levine;THunterContact; Rich De Paolo; R Howe; PBleiwas
Cc: Paulette Rosa
Subject: FW: CAFO General Permit Challenge
Date: Friday,May 12,2017 1:53:21 PM
Anyone have an interest in discussing this? If so,I can put it on the May 22 Study Session agenda.
-----Original Message-----
From: Susan J Kraham [mailto7skrahaa&law.columbia.edu]
Sent: Monday,May 08,2017 8:24 PM
To: Susan Kraham
Subject: CAFO General Permit Challenge
New York is home to approximately 250 industrial dairies with a history or likelihood of contaminating water,
including drinking water.Although upstate counties,cities, and towns have a responsibility to protect their citizens
and environment from this contamination,only the New York Department on Environmental Conservation(`DEC")
has the authority to regulate industrial dairies—and DEC is failing. On behalf of several Petitioners,Earthjustice
has filed a challenge to the Clean Water Act General Permit for Concentrated Animal Feeding Operations that DEC
issued in January. To ensure that local governments have a voice in this litigation, Columbia University's
Environmental Law Clinic intends to submit a Friend of the Court Brief(Amicus Brief),making clear that the
General Permit interferes with municipalities' ability to protect their citizens. We invite you to join this effort.
The General Permit covers the about 250 industrial dairies in New York that either have a history of discharging
manure into waterways or are likely to do so. (The General Permit does not regulate the vast majority of New York
dairies.) The Federal Clean Water Act sets out the requirements for dairies and other industrial animal operations.
These rules require a number of things but the most relevant for this case is that industrial animal operations are
required to develop and implement site-specific"nutrient management plans"("NMPs")for managing the huge
amount of manure and other waste the animals produce. These NMPs have to include the requirements in the CWA
and EPA's regulations—they must have enforceable safeguards against water pollution,be reviewed and approved
by impartial state experts,and be available to any member of the public who wants to review them. In New York,
DEC is responsible for issuing a General Permit that complies with the Clean Water Act and the implementing
rules. The NY General Permit does not satisfy these rules. In particular,the permit does not require that each
industrial dairy covered by the permit submit an NMP to DEC for review. Nor does it require that the NMPs be
made available to the public.
The Petition challenging the General Permit raises these legal issues with the Permit. It sets out very clearly the
legal requirements for the Permit and explains how the NY General Permit fails to include certain requirements.
While it does an excellent job of describing the impacts of industrial dairies on residents and communities,it focuses
on the legal issues that are the basis of the Petition. Our amicus brief will recognize that the parties to it are all
located in areas of upstate NY where agricultural enterprises constitute the areas'major economic drivers and,
therefore,recognize the necessity of supporting sustainable agricultural practices. But it also will recognize the
importance of protecting drinking water,public health and quality of life. The amicus brief will also address how
authority is distributed between State and local government and that if the State fails to discharge its legal
obligations,the communities bear the burden but may not have the legal or financial ability to fill the gap.
The brief will address many of the specific,fact-based experiences raised by various local governments in their
comments on the General Permit when it was proposed. These include instances of ground water contamination,
construction of manure lagoons without any notice to the town or neighbors, and the inability of various local
governments to obtain information about manure management practices in their own communities.
We are inviting you to join the amicus brief. Because the Columbia Clinic provides free legal services,there will be
no costs associated with participating. If you are interested,the Clinic's lawyers and legal interns will work with
you to understand the impacts and concerns you have relating to industrial dairies generally and the General Permit
specifically. You will have an opportunity to review and comment on a draft of the amicus brief before it is filed.
The Columbia Clinic regularly participates in these kinds of cases and has participated in a number of important
environmental cases in New York State and around the country. For example,the Columbia Clinic submitted an
amicus brief in the Dryden case involving local zoning relating to hydrofracking. That case was also litigated by
Earthjustice. The Clinic has been involved in a number of other cases involving industrial animal agriculture and
currently is challenging a similar General Permit in another state.
We hope you will consider joining the amicus brief in this case. Please feel free to reply to this email or call me at
(212) 854-4291 to discuss further.
Susan J.Kraham
Senior Staff Attorney
Columbia Environmental Law Clinic
435 West 116th Street
New York,NY 10027
212 854 5008
TOWN OF ITHACA
LOCAL LAW NO. OF THE YEAR 2017
A LOCAL LAW REVISING THE TOWN OF ITHACA'S SIGN PROVISIONS BY DELETING
TOWN OF ITHACA CODE CHAPTER 221, "SIGNS,"AND BY ADDING SIGN PROVISIONS TO
AND REVISING TOWN CODE CHAPTER 270, "ZONING"AND
CHAPTER 271, "ZONING: SPECIAL LAND USE DISTRICTS"
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 221, entitled"Signs," of the Town of Ithaca Code, is deleted in its entirety.
Section 2. Chapter 270, entitled"Zoning," of the Town of Ithaca Code, Article III, entitled
"Terminology,"is amended by adding the following definitions to Section 270-5, entitled "Definitions":
ART MURAL --A one-of-a-kind work of visual art that is hand-painted, hand-tiled or digitally printed
directly on, or affixed directly to, an exterior wall of a building.
AWNING--A fixed or moveable roof-like frame structure that is entirely supported from a building and
projects over doors, windows or other portions of the building exterior.
BANNER --A type of sign made of flexible material that has all corners attached to poles by grommets
or pole pockets.
BACKLIT SIGN --A sign in which the illumination source appears behind the graphics of the sign to
create a highlight that separates the graphics from the background.
BUILDING FACE --The exterior surface of a building.
BUILDING FRONTAGE -- That part of a building or lot facing a sidewalk, street, or other public
place.
CANOPY -- A roof-like frame structure that is (a) supported by the exterior wall of a building and on
columns or poles, or(b) self-supported wholly on columns or poles. A canopy differs from an awning
because it is not entirely supported by the building.
COPY-CHANGE SIGN -- A sign that is designed such that the visual message may be physically
removed and changed on a periodic basis.
EXEMPT SIGN --A sign described in § 270-250.A that is exempt from the provisions of this chapter.
FLAG-- A type of sign made of fabric or other flexible material attached to or designed to be flown
from a flagpole or similar device.
FLAG POLE --A freestanding structure or a structure attached to a building and used for the purpose of
displaying flags.
FREESTANDING SIGN --A sign affixed to the ground independent of any adjacent building or
structure.
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GRAPHICS -- The letters, figures, emblems, devices, and other representations comprising the visual
message of a sign.
ILLUMINATED SIGN -- A sign illuminated internally or externally by artificial light, or which is
composed of luminous tubing or other artificial lighting devices.
LUMINOUS TUBING-- Tube of light that comes from sources such as neon, cold cathode, fiber optic,
LED or other electric or gas-discharge source.
MARQUEE --A permanent roofed structure that is attached to and projects from a theatre building's
entrance. Marquees are supported entirely by the building and are generally designed to provide
protection from the sun and rain.
MONUMENT SIGN -- A type of freestanding sign, with a sign face or its base resting on the ground.
MULTIUSE OR MULTI-TENANT FACILITY --A facility where two or more establishments are
operated on any one parcel, or on contiguous parcels under the ownership or management of the same
person, company or other entity.
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 zoning
district in which it is located.
OFF-PREMISES SIGN --A sign which directs attention to a business, commodity, service,
entertainment, or attraction sold, offered or existing elsewhere than upon the same lot where such sign is
displayed.
PROJECTING SIGN -- A sign protruding at an angle from a building or structure.
RIGHT-OF-WAY, PUBLIC -- The streets, roads, highways, alleys and sidewalks within the Town that
are public highways by use, or that the Town, County, or State has acquired by dedication, deeds, or
grants or through the eminent domain process, including paved or finished travel surfaces, shoulders and
ditches and drainage ways that convey water runoff from the travel surfaces.
SIGN -- A device for visual communication publicly displayed to identify, advertise, and/or convey
information.
SIGN SUPPORT -- The part or parts of a sign that structurally holds up the sign, including but not
limited to, a single pole, two poles on either side of a sign, or a monument base. Terracing or additional
stonework,pillars, or other structures that are not integrally part of a sign are not considered supports.
SIGN SYMBOL --A sign whose shape represents an object, or a customary identifying device such as a
barber pole.
STORE/ESTABLISHMENT FRONTAGE -- That part of a building frontage occupied by a single
enterprise.
WALL SIGN --A sign painted or affixed on and parallel to an exterior wall of a building or other
structure, but not on window glass or other window material.
WINDOW SIGN --A sign painted or affixed on glass or other window material, or located inside within
three feet of the window and visible from the exterior of the window, but not including window displays
of products.
2
Section 3. Chapter 270, entitled "Zoning," of the Town of Ithaca Code, is amended by adding new
Article XXIX, entitled "Signs," as follows:
"ARTICLE XXIX
SIGNS
§ 270-246. Title.
§ 270-247. Purpose.
§ 270-248. Interpretation.
§270-249. Prohibited signs and displays.
§ 270-250. Exempt signs; art murals.
§ 270-251. Signs requiring permits.
§ 270-252. Criteria applying to signs in all zones.
§ 270-253. Sign types found in this article.
§ 270-254. Residential and Conservation Zones.
§ 270-255. Agricultural Zones.
§ 270-256. Commercial and Industrial Zones.
§ 270-257. Sign illumination.
§ 270-258. Sign construction.
§ 270-259. Sign maintenance and removal; nonconforming signs.
§ 270-260. Design review.
§ 270-261. Computation of sign area.
§ 270-262. Sign permit.
§ 270-263. Severability clause.
3
ROOF SIGN
FREE-
STANDING
SIGN
y CANOPY SIGN
AWNING�SIGN , '
Source:Signage Made Simple-Monmouth,NJ County Planning Board
§ 270-246. Title.
This article shall be known and cited as the "Town of Ithaca Sign Law."
§270-247. Purpose.
This article is enacted to guide and regulate signs to promote the public health, safety and welfare as
follows:
A. Provide minimum standards by regulating and controlling the number, size, design, quality of materials,
construction, location, electrification, and maintenance of all signs and sign structures.
B. Encourage signs and graphics that are compatible with the surrounding natural and built environments.
C. Reduce the hazards of sign obstruction and distractions and improve traffic safety.
D. Create a more attractive business climate.
E. Conserve the value of buildings and properties.
F. Protect and enhance the Town's aesthetic environment and appearance, including scenic views.
G. Preserve the right of free speech and expression in the display of signs.
H. Provide for the orderly and reasonable elimination of existing signs that are not in conformance with this
chapter.
§ 270-248. Interpretation.
A. The provisions of this article shall be held to be the minimum requirements for the promotion of public
health, safety, and welfare. In the case of conflicts between this article and other articles in Chapter 270,
Zoning, the provisions of this article shall apply. In the case of conflicts between this article and other
chapters of the Town Code, the more stringent provision shall govern.
4
B. The adoption of this article shall not affect any pending or prevent any future prosecution of action to
abate any existing violation of Chapter 270, Zoning, as amended, if the use so in violation is in violation
of the provisions of this article.
§ 270-249. Prohibited signs and displays.
The following signs and displays shall be prohibited in all zoning districts, as established pursuant to Chapter
270, Zoning, except as otherwise permitted in this article:
A. Off-premises signs.
B. Animated signs and all electronic message centers (animated and non-animated), including signs with
blinking, flashing, strobe, chasing or alternating color lights, or moving parts or messages.
C. Graphics that physically or visually impair vehicular or pedestrian traffic by design, lighting, or
placement.
D. Pennants, valances, ribbons, spinners, streamers, searchlights, string or festoon lights, exposed luminous
or fiber optic tubing (except in windows as specified in § 270- 256.F.4)neon lights, balloons or similar
devices shall not be part of an exterior or window sign, or used for advertising or attracting attention.
E. Signs with phosphorescent, fluorescent, or reflective material or paint.
F. Signs placed, wholly or in part, on, over, or above any roof, building, marquee or other structure unless
specifically permitted by this article.
G. Any sign which could be mistaken or confused with a traffic control signal or device or official public
information sign.
H. Copy-change signs, except as specifically permitted in this article.
L Signs on surfaces that are not flat and are not attached to a building, and sign symbols that are not
attached to a building.
J. All signs not expressly permitted by this article.
§ 270-250. Exempt signs; art murals.
A. The following signs are exempt from the requirements of this article:
1. Public safety and public emergency signs.
2. Signs that are required by law, statute, ordinance or regulation, but the exemption shall extend only to
the aspect(s) of the sign, such as size, height or location, that do not meet the requirements of this
article and that are mandated(not merely permitted)by the law, statute, ordinance or regulation. All
other aspects of the sign are subject to the requirements of this article.
B. Art murals have different purposes and benefits than signs and are not signs. Art murals are subject to the
requirements of Article XXX, Art Murals.
§ 270-251. Signs requiring permits.
After the effective date of this article, sign permits are required for the following:
5
A. Signs listed in § 270-256.A located in Commercial or Industrial Zones, and
B. The erection, relocation or alteration of signs that have a variance by the Zoning Board of Appeals or that
are included in a site plan approved by the Planning Board.
§ 270-252. Criteria applying to signs in all zones.
A. Signs shall not:
1. Obstruct or impair vision or traffic.
2. Be attached to utility poles, bridges, or safety, traffic or street identification signs.
3. Be placed or painted on vehicles or trailers that are parked or located for the primary purpose of
displaying such signs.
B. Any otherwise lawful noncommercial copy may be substituted for any commercial copy on any sign that
is allowed by this article.
§ 270-253. Sign types found in this article.
The following are pictorial descriptions of the types of signs that are described in this article. Chapter 270,
Article III, Terminology, contains definitions of these types of signs.
AWNING BANNER COPY-CHANGE SIGN
a��,Fti�,�Fe ul�o�ra� rsn m,�
WN h, R15
CANOPY MARQUEE
m
FREESTANDING/MONUMENT SIGN
PROJECTING SIGN WALL SIGN
6
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t � V
WINDOW SIGN BACKLIT SIGN
a
w
EXTERNALLY-LIT SIGN INTERNALLY-LIT SIGN
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NON-FLAT SURFACE SIGNS (e.g. 3-Dimensional)
§ 270-254. Residential and Conservation Zones.
A. Freestanding, wall,projecting, awning and window signs and banners and flags are permitted as principal
and accessory uses and structures as specified below.
B. Unless otherwise specified below, signs may not be internally illuminated.
C. Freestanding signs shall not exceed 6 feet in height.
D. Except as provided in Subsection E below, signs up to 16 square feet in area in the aggregate on any one
parcel are permitted. No one sign shall be larger than 6 square feet in area, except as provided in
Subsection E below.
E. Notwithstanding Subsection D above:
1. In Multiple Residence Zones, signs up to 36 square feet in the aggregate on any one parcel are
7
permitted. No one sign shall be larger than 24 square feet in area.
2. Window signs shall not count towards the aggregate square footage of signs allowed on any one
parcel set forth in Subsection D above or in Subsection E(5)below.
3. Signs that meet all of the following criteria shall not count towards the aggregate square footage of
signs allowed on any one parcel set forth in Subsection D above or in subparagraph 5 below: the
signs are non-illuminated, they do not exceed 6 square feet in area per sign, they do not exceed 6 feet
in height, and they are placed at least 150 feet from any public right-of-way and the lot line of any
adjoining owner.
4. Banners up to 24 square feet in area are permitted,provided that they are at least 500 feet from a
public right-of-way and from the lot line of any adjoining owner, all corners are attached to poles by
grommets or pole pockets, and the banners are made of heavyweight fabric or have air slits.
5. Flags up to 40 square feet in area in the aggregate that are flown on one building-mounted and/or one
freestanding flagpole on any one parcel are permitted. The maximum height of the freestanding
flagpole shall be 30 feet, and the minimum setback for the freestanding flagpole from any public
right-of-way and from the lot line of any adjoining owner shall equal the height of the pole.
6. If the square footage of all principal buildings on a parcel exceeds 8,000 square feet:
(a) Signs up to 32 square feet in the aggregate are permitted, and no one sign shall be larger than 24
square feet in area.
(b) In addition, signs up to 100 square feet in the aggregate on any one parcel are permitted for signs
that are located at least 500 feet from a public right-of-way; no one such sign shall be larger than 50
square feet in area.
F. Wall signs
1. Wall signs shall not extend beyond the ends or over the top of the wall to which they are attached.
2. Wall signs shall not extend more than nine inches from the face of the building to which they are
attached.
3. Any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of seven
feet six inches above the walking surface.
G. Projecting signs
1. A projecting sign panel or sign symbol may extend three feet maximum from the building face.
2. No part of a projecting sign shall extend into vehicular traffic areas, and any part over pedestrian
traffic areas shall have a minimum clearance of seven feet six inches above the walking surface.
3. Projecting signs shall not be of the copy-change type.
4. The top of a projecting sign shall be no higher than 12 feet from the ground.
H. Awning signs
1. Awning signs may be located no further than six feet from the facade of the building to which they
relate.
2. No sign shall project or be suspended from an awning.
3. Awning signs shall be completely within the outer edges of such awning.
8
4. Awning graphics, including symbols and lettering, may be painted or affixed flat to the surface of
the front or sides. Any lettering shall be a single line of lettering with a maximum height of six
inches.
5. No part of an awning sign shall extend into vehicular traffic areas, and any part over pedestrian
traffic areas shall have a minimum clearance of seven feet six inches above the walking surface.
L Signs shall be located outside of a public right-of-way, in no case be located between the sidewalk and the
street and shall be placed no closer than 15 feet from a side lot line.
§ 270-255. Agricultural Zones.
A. Freestanding, wall,projecting, awning, window, copy-change signs and banners and flags are permitted
as principal and accessory uses and structures as specified below.
B. Unless otherwise specified below, signs may not be internally illuminated.
C. Freestanding signs shall not exceed 6 feet in height.
D. Area of signs.
1. For parcels less than 5 acres in size:
(a) Signs up to 24 square feet in area in the aggregate on any one parcel are permitted.
(b) No one sign shall be larger than 12 square feet in area.
2. For parcels 5 acres in size or larger:
(a) Signs up to 36 square feet in area in the aggregate on any one parcel are permitted.
(b)No one sign shall be larger than 24 square feet in area.
E. Notwithstanding Subsection D above:
1. Window signs shall not count towards the aggregate square footage of signs allowed on any one parcel
set forth in Subsection D above or in Subsection E(4)below.
2. Banners up to 24 square feet in area are permitted,provided that they are at least 500 feet from a
public right-of-way and from the lot line of any adjoining owner, all corners are attached to poles by
grommets or pole pockets, and the banners are made of heavyweight fabric or have air slits.
3. Flags up to 40 square feet in area in the aggregate that are flown on one building-mounted and/or one
freestanding flagpole on any one parcel are permitted. The maximum height of the freestanding
flagpole shall be 30 feet, and the minimum setback for the freestanding flagpole from any public right
of way and from the lot line of any adjoining owner shall equal the height of the pole.
4. If the square footage of all principal buildings on a parcel exceeds 8,000 square feet:
(a) Signs up to 32 square feet in the aggregate are permitted, and no one sign shall be larger than 24
square feet in area.
(b) In addition, signs up to 100 square feet in the aggregate on any one parcel are permitted for signs
that are located at least 500 feet from a public right-of-way; no one such sign shall be larger than
9
50 square feet in area.
F. Wall signs
1. Wall signs shall not extend beyond the ends or over the top of the wall to which they are attached.
2. Wall signs shall not extend more than nine inches from the face of the building to which they are
attached.
3. Any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of seven
feet six inches above the walking surface.
G. Projecting signs
1. A projecting sign panel or sign symbol may extend three feet maximum from the building face.
2. No part of a projecting sign shall extend into vehicular traffic areas, and any part over pedestrian
traffic areas shall have a minimum clearance of seven feet six inches above the walking surface.
3. Projecting signs shall not be of the copy-change type.
4. The top of a projecting sign shall be no higher than 12 feet from the ground.
H. Awning signs
1. Awning signs may be located no further than six feet from the facade of the building to which they
relate.
2. No sign shall project or be suspended from an awning.
3. Awning signs shall be completely within the outer edges of such awning.
4. Awning graphics, including symbols and lettering, may be painted or affixed flat to the surface of the
front or sides. Any lettering shall be a single line of lettering with a maximum height of six inches.
5. No part of an awning sign shall extend into vehicular traffic areas, and any part over pedestrian traffic
areas shall have a minimum clearance of seven feet six inches above the walking surface.
L Copy-change signs
1. The copy-change portion of signs may be up to 12 square feet in area.
2. Copy-change lettering shall be no larger than 6 inches maximum height.
J. Signs shall be located outside of a public right-of-way, in no case be located between the sidewalk and
the street and shall be placed no closer than 15 feet from a side lot line.
§ 270-256. Commercial and Industrial Zones.
A. Freestanding, wall,projecting, marquee, awning, canopy and copy-change signs are permitted as
principal and accessory uses and structures as specified below upon receipt of a sign permit.
B. One wall sign or one projecting sign on each building or store/establishment frontage, and one
freestanding sign are permitted. If an establishment has entrances for vehicular traffic on more than one
public right-of-way, two freestanding signs are permitted. All freestanding and wall signs shall meet the
placement and area requirements listed below.
C. In the case of multiuse or multi-tenant facilities, one freestanding sign shall be allowed for the
development as a whole, regardless of the number of separate establishments or tenants. If such
10
multiuse or multi-tenant facility has entrances for vehicular traffic on more than one public right-of-
way, two freestanding signs are permitted. Each line of a multiuse or multi-tenant sign shall contain
information pertaining to only one use or tenant.
D. In Office Park Commercial Zones, signs that meet all of the following criteria shall not count towards
the number of signs allowed in Subsections B and C above: the signs are non-illuminated, they do not
exceed 6 square feet in area per sign, they do not exceed 6 feet in height, and they are placed at least 150
feet from any public right-of-way and the lot line of any adjoining owner.
E. In all Commercial and Industrial Zones, up to 4 freestanding signs that meet both of the following
criteria shall not count towards the number of freestanding signs allowed in Subsections B and C above:
the signs do not exceed 4 square feet in area per sign, and they do not exceed 4 feet 6 inches in height.
F. Permitted sign dimensions and other criteria in Commercial and Industrial Zones are as follows:
1. Freestanding signs
(a) Freestanding sign panels shall have no more than two faces.
(b) For road speed limits of 35 mph or less:
1) single-tenant signs may be up to 10 feet tall, with a maximum area of 32 square feet.
2) multi-tenant signs may be up to 10 feet tall, with a maximum area of 50 square feet.
(c) For road speed limits over 35 mph:
1) single-tenant signs may be up to 16 feet tall,with a maximum area of 32 square feet.
2) multi-tenant signs may be up to 16 feet tall, with a maximum area of 50 square feet. No part
of a freestanding sign shall extend into vehicular traffic areas, and any part extending over
pedestrian traffic areas shall have a minimum clearance of seven feet six inches above the
walking surface.
(d) Freestanding signs shall be located outside of the public right-of-way, and shall be no closer than
15 feet from a side lot line. No part shall extend over a sidewalk.
2. Wall signs
(a) The maximum area of wall sign graphics shall be one square foot for each linear foot of building
frontage occupied by the enterprise on which the sign is placed.
(b) Wall signs shall not extend beyond the ends or over the top of the wall to which they are
attached.
(c) Wall signs shall not extend more than nine inches from the face of the building to which they are
attached.
(d) Any part of a sign extending over pedestrian traffic areas shall have a minimum clearance of
seven feet six inches above the walking surface.
3. Projecting signs
(a) The maximum area of a sign panel or symbol shall be 15 square feet.
(b) A projecting sign panel or sign symbol may extend three feet maximum from the building face.
(c) No part of a projecting sign shall extend into vehicular traffic areas, and any part over pedestrian
traffic areas shall have a minimum clearance of seven feet six inches above the walking surface.
(d) The top of a projecting sign shall be no higher than 12 feet from the ground.
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(e) Projecting signs may be of the copy-change type if they are marquees and meet the marquee
requirements specified in this article.
4. Window signs are permitted,provided that they meet the standards of the applicable NYS Uniform
Fire Prevention and Building Code.
(a) Exposed luminous tubing or similar window signs shall consist of no more than two rows, the
lettering shall not exceed six inches in height per row, and the entire sign shall not exceed three-
quarters of the window width or 6 square feet, whichever is less.
5. In lieu of any one or more of the wall,projecting or freestanding signs permitted above, one or
more marquee, awning or canopy sign may be substituted instead,provided that:
(a) Such marquee, awning or canopy sign is located no further than six feet from the facade of the
building to which it relates.
(b) The total number of signs does not exceed the number permitted pursuant to Subsections B and
C above.
(c) No sign shall project or be suspended from a marquee, canopy or awning.
(d) Marquee, canopy and awning signs shall be completely within the outer edges of such marquee,
canopy or awning.
(e) Copy-change marquees are permitted as long as the copy-change portion is not internally
illuminated.
(f) For each linear foot of marquee perimeter the maximum area of graphics shall be one square
foot.
(g) Canopy or awning graphics, including symbols and lettering, may be painted or affixed flat to
the surface of the front or sides.
(h) Canopy or awning lettering shall be a single line of lettering with a maximum height of six
inches.
(i) No part of a marquee, awning or canopy sign shall extend into vehicular traffic areas, and any
part over pedestrian traffic areas shall have a minimum clearance of seven feet six inches above
the walking surface.
§ 270-257. Sign illumination.
Unless otherwise specified in this law, all illuminations shall meet the requirements of the Outdoor Lighting
Law, Chapter 173 of the Town of Ithaca Code.
A. Internally lit signs
1. Internally illuminated signs must be constructed with an opaque or dark-colored background and
translucent or light-colored text and symbols.
2. Illumination for all internally lit signs shall be turned off between the hours of 9:00 p.m. and 5:00 a.m.,
unless the business is open or the activities are happening during those hours.
B. Externally lit signs (e.g. direct illumination or backlit)
1. Top mounted fixtures are required for all externally-lit signs except for backlit signs. Lighting fixtures
used to illuminate an outdoor sign shall be mounted on the top of the sign structure. All such fixtures
shall comply with the shielding requirements of§173-6 of the Outdoor Lighting Law.
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2. Backlit signs are permitted, but the background surface on which the light shines shall not be
reflective.
3. Illumination for all externally lit signs in the Commercial and Industrial Districts shall be turned off
between the hours of 9:00 p.m. and 5:00 a.m., unless the business is open during those hours. For
Residential and Agricultural Districts, illumination shall be turned off when the activity or special
event ceases.
§ 270-258. Sign construction.
A. Fabrication and attachment. All sign fabrication, erection, and attachment shall conform to the
requirements of the applicable New York State Uniform Fire Prevention and Building Code and other
applicable codes and regulations.
B. Electrical.
1. Lighting fixtures and wiring shall conform to the requirements of the National Electrical Code and
other applicable codes and regulations and shall have the approval of an appropriate electrical
inspection person or agency, as determined by the Town.
2. Transformers, wires, and similar items shall be concealed.
3. All wiring to freestanding signs shall be underground.
§ 270-259. Sign maintenance and removal; nonconforming signs.
A. Maintenance. The owner or person, company or other entity having control of a sign, and the owner of
the lot on which such sign is located, shall be jointly and severally liable to maintain such sign, including
its illumination sources and to prevent the development of any rust, corrosion, rotting, or other
deterioration in the physical appearance of such sign. All signs, sign finishes, supports, and electrical
work shall be kept in a neat, clean, attractive appearance, in safe condition, and in good working order at
all times.
B. Disused signs. Any sign, and any supports and electrical work, must be removed within 30 days after the
conclusion of the event to which it refers, its purpose has been met, or the occupancy to which it relates
no longer exists, unless the Code Enforcement Officer determines that such sign or portions thereof may
be utilized by a subsequent enterprise.
C. Surface restoration. Upon removal of any wall sign, including signs painted on walls, the surface area of
the wall shall be restored to an appearance substantially equivalent to the remaining portion of the facade.
D. Unsafe signs.
1. Unsafe signs shall be repaired or removed by the owner or person, company or other entity having
control of the sign, or the owner of the lot on which the sign is located. In addition to other remedies
provided by this article or chapter, by New York Town Law §268, or by law or equity, Code
Enforcement Officers may require removal of unsafe signs pursuant to the procedures described in this
subsection.
2. If the Code Enforcement Officer determines an unsafe sign to be an actual danger to persons or
property, such sign must be removed within three days of receipt by the owner or person, company or
other entity having control of a sign, or by the owner of the lot on which such sign is located, of the
Town's written notice of removal..
3. If the sign is not removed within three days after notification, the Town shall remove the sign at cost to
13
the owner of the premises.
4. If it is determined by the Code Enforcement Officer that any sign is a source of immediate peril or
imminent danger to any person or property, such sign may be removed summarily and without notice
by the Code Enforcement Officer at cost to the owner of the premises.
5. The Town shall recover its costs pursuant to the procedures in Subsection F(3)(b) and (c)below.
E. Signs on public rights-of way.
1. Signs placed on public rights-of-way that are not authorized by, or that do not conform with, the
provisions of this article create unreasonable distractions to operators of motor vehicles; create
confusion with regard to traffic lights, signs and signals; impair visibility of pedestrians and motor
vehicles; distract from identification of surrounding businesses and home-house numbering; and
detract from the aesthetic character of buildings, sites, districts and the Town as a whole. The prompt
removal of such signs will protect the health, safety, and welfare of the community and prevent public
nuisances.
2. In addition to other remedies provided by this article or chapter, by New York Town Law §268, or by
law or equity, Code Enforcement Officers are authorized to remove from Town public rights-of way
any signs that are not authorized by, or do not comply with, the provisions of this article. Upon
receipt of written approval from Tompkins County, Code Enforcement Officers are authorized to
remove from County public rights-of way within the Town any signs that are not authorized by, or do
not comply with, the provisions of this article. Upon receipt of written approval from the New York
State Department of Transportation, Code Enforcement Officers are authorized to remove from New
York State public rights-of way within the Town any signs that are not authorized by, or do not
comply with, the provisions of this article.
F. Signs on private or public property.
1. In addition to other remedies provided by this article or chapter, by New York Town Law §268, or by
law or equity, the Town may utilize the following procedure to remove from public property
(including public rights-of-way) and from private property any signs that are not authorized by, or do
not comply with, the provisions of this article and that constitute a public nuisance or are dangerous to
the public health, safety and welfare.
2. The Code Enforcement Officer may order removal of such sign by written notice to the owner or
person, company or other entity having control of the sign, or to the owner of the lot on which such
sign is located. The notice shall set forth a deadline by which such removal must be completed if the
sign does not come into compliance with the requirements of this article by the deadline. Said notice
shall further advise that, should the violator fail to so act within the established deadline, the sign
removal may be performed by a designated governmental agency or a contractor, with the expense
thereof to be charged to the violator and/or to become a lien against the premises.
3. Town's removal of signs.
(a) If the sign is not removed or does not come into compliance with the requirements of this article
within the period set forth in the Town's notice or Town Board's decision after any appeal thereof
pursuant to Subsection F(3)(c)below, the Town may enter the premises to remove the sign or
cause the removal to be performed. The Town's entry onto such premises shall be pursuant to an
agreement between the Town and landowner. If no agreement exists or can be obtained in a
timely manner, the Town may seek a warrant from a court of competent jurisdiction for access to
the premises and/or may seek a court order requiring or authorizing all actions reasonably
necessary to remove the sign, with the costs of such actions the sole responsibility of the violator.
14
(b) The Town shall present the landowner with a bill for all costs and expenses incurred by the Town
in connection with the sign removal. If the landowner shall fail to pay such costs and expenses
within 15 days after the demand for same, or within 30 days of the final decision on any
administrative or judicial contest the landowner may pursue, then such unpaid costs, expenses and
interest(at the statutory interest rate for money judgments in New York State courts)incurred
from the date of the sign removal shall constitute a lien upon the land on which such removal was
undertaken. A legal action or proceeding may be brought to collect such costs, expenses, interest,
and recoverable attorney's fees, or to foreclose such lien. As an alternative to the maintenance of
any such action, the Town may file a certificate with the Tompkins County Department of
Assessment stating the costs and expenses incurred and interest accruing as aforesaid, together
with a statement identifying the property and landowner. The Tompkins County Department of
Assessment shall in the preparation of the next assessment roll assess such unpaid costs, expenses
and interest upon such property. Such amount shall be included as a special ad valorem levy
(administered as a move tax) against such property, shall constitute a lien, and shall be collected
and enforced in the same manner, by the same proceedings, at the same time, and under the same
penalties as are provided by law for collection and enforcement of real property taxes in the Town
of Ithaca. The assessment of such costs, expenses and interest shall be effective even if the
property would otherwise be exempt from real estate taxation.
(c) Appeals of notices and Town bills. Any person receiving a notice to remove a sign, or a bill for
Town costs and expenses, may appeal to the Town Board by, within 15 days of receipt of such
notice or bill, delivering to the Town Clerk at the Town offices an Appeal requesting a
reconsideration and administrative hearing before the Town Board. Such Appeal shall state the
basis for the request for reconsideration and shall be accompanied by any supporting materials.
Failure to serve such an Appeal within 15 days shall be deemed a waiver of any claim or defense
that the notice or bill is not justified, and the violator shall comply with the requirements of the
notice or pay the bill. If the Appeal is timely filed, the Town Board shall, within 40 days of the
filing, hold a hearing and, based upon any relevant materials presented by the Town and the
appellant, shall issue a resolution deciding the Appeal within 30 days after the hearing. Such
resolution shall be filed with the Town Clerk, who shall arrange for delivery of a copy of the
decision to the appellant within 5 days after such filing, at the address for such person designated
in the Appeal or at such other address as the appellant may thereafter designate in writing to the
Town Clerk. The Town Board's decision after the hearing shall constitute a final agency action.
G. Nonconforming signs.
1. Existing portable signs, banners, and flags that are nonconforming with the provisions of this article
shall be brought into conformance or removed within 90 days of the date of the adoption of this
article.
2. Except as otherwise provided in Subsection G(1) above or elsewhere in this article, the lawful use of
any sign existing at the date of the adoption of this article may be continued even though such sign
does not conform to the provisions herein.
3. Sign permits are required for all nonconforming signs that come into compliance with the
requirements of this article, if the sign requires a permit pursuant to § 270-251. A nonconforming sign
may not be otherwise changed unless the Zoning Board of Appeals grants a variance and a sign permit
is issued. When a nonconforming sign is in need of substantial repair(including replacement), as
determined by the Code Enforcement Officer, the sign shall be made to come into compliance with the
requirements of this article or be removed, unless a variance is granted by the Zoning Board of
Appeals and a sign permit is issued.
4. The use of a nonconforming sign shall terminate within 30 days after the conclusion of the event to
15
which it refers, its purpose has been met, or the occupancy to which it relates no longer exists. No
nonconforming sign shall be reinstated except by variance granted by the Zoning Board of Appeals.
5. Temporary removal of a nonconforming sign for painting or other normal maintenance shall be
limited to a period of 30 days.
§ 270-260. Design review.
A. Purpose. The following design guidelines are provided to encourage and direct appropriate and
compatible materials, illumination and placement of proposed signs. In general, sign design shall be
consistent with the purpose and intent of this article.
B. Sign Review Criteria. All signs that require permits are subject to design review. The Planning
Board shall review signs associated with site plans, special permits and subdivisions. The Zoning
Board of Appeals shall review signs that require variances or are associated with special approvals,
but are not part of a site plan, special permit or subdivision application. The Planning Department
may make a recommendation to the Zoning Board of Appeals for any signs that require variances or
are associated with special approvals.
The reviewing Board shall determine the acceptability of the proposed signs as to design, materials,
illumination,placement and size. Such Board shall have the authority to approve, approve with
conditions, or deny the proposed sign, using the following criteria:
1. Signs should be legible in the circumstances in which they are seen and layout should be orderly.
2. Freestanding signs should be designed to be compatible with their surroundings and appropriate to the
architectural character of the buildings near which they are placed. Sign panels and graphics on
buildings should relate with and not cover architectural features or details, and should be sized in
proportion to them.
3. Illumination should be appropriate to the character of the surroundings and shall be in accordance with
the Town's Outdoor Lighting Law.
4. Monument signs are preferable to pole signs. Pole signs should be as low to the ground as practical.
5. Multi-use or multi-tenant signs located on the same premises should meet the requirements of§ 270-
256.C. and F.
6. The reviewing Board may require that landscaping be used at the base of a freestanding sign if such
landscaping will improve the overall appearance of the sign.
§ 270-261. Computation of sign area.
The entire face of a sign on a flat surface, without supports, shall be included in measuring sign area. When
a sign on a flat surface consists of individual letters, numbers, symbols, or other characters, its area shall
include the area of the smallest rectangle that can encompass all of the letters, numbers, symbols, and
characters (see "Sign Area Computation" chart below).
A. When a sign consists of two or more flat surface faces, only one face of the sign shall be used in
computing the sign area, if the faces are parallel to and within 12 inches of each other. Otherwise, all
faces of the sign shall be used to compute the sign area.
B. The area of a sign on a surface that is not flat, and the area of a sign symbol (e.g., a barber pole), shall be
16
computed as the area of the smallest rectangle that can encompass the largest viewable surface that is
visible from any one point of view (see "Sign Area Computation" chart below). Supports and mounts
shall not be included in the computation.
C. The only permissible additions to a sign are hanging shingles or smaller signs that extend or are located
below and cumulatively are less than the main sign area. The area of each hanging shingle or smaller
sign shall be measured separately from, and added to, the area of the main sign to determine the total
sign area. Spaces between additions or between an addition and the main sign shall not be included in
the measurement of sign area.
D. The cumulative area of sign bases, supports, and decorative elements shall not exceed 1.5 times the
maximum allowable sign area for the zoning district in which the sign is placed. Terracing or additional
stonework,pillars, or other structures that are not integrally part of a sign are not considered supports.
E. The height of a sign and its supports shall be measured from the highest point of the natural grade to the
top of the sign.
17
Sign Area Computation Chart
ODD-SHAPED SIGN AREA FREESTANDING SIGN AREA
Sigln Area-Height x Width
wwwiw�rwrwwrwrirrwrwrrwr�rwwrwrwwwr�wwrrwwrrrrr
FRAMED a P L. I T
SIGN
Width
I
06
06
i
s
Width �—width + "
a
Additions measured separately aad 0
added to Computed Sign Face Area o
-. .m..
for total sign area caleuiatian. CA
"
I Emblem
e Or m
Decal
o
Width —WidtFa ►
(Natural taraito)
Odd AV
F Odd Shape Z
MONUMENT SIGN AREA
�Width
--
------- --- - Computed Sign
Multiple " Face Area
oddsh t
Tlrrtnettts
�
- ---- d i. duh m
width
Computed Suppod kea
(Natural Grade)
NON-FLAT SURFACE SIGN
AREA(E.G.3-DIMENSIONAL)
„e WALL SIGN AREA
r > U a r
f 1�� 'r1
u
�l �! ! � i�fl f
r tlU!t
j ,[f f 1
t t0, t
Largest viewable surface area=
W ,
I the maximum actual surface area ^�* �`� •--- �"°•�
�... .......1 r,...,„., ,
visible rrom any one point of view
(measured by drawing a rectangle 'rawanant A i rarnanu to tt
around the object,as shown). (sign area). � �151tn Areal (SIg.A,.ff,
18
§ 270-262. Sign permit.
A. No sign requiring a permit pursuant to 270-251 shall be erected, moved or altered, unless and until a sign
permit for such work has been obtained. No sign permit is necessary for maintenance or repair of such a
sign,provided the sign is reinstalled in the same location, its dimensions, height, design and color
scheme remain unchanged, and it does not contain any of the prohibited materials or paints listed in §
270-249.E.
B. Applications for sign permits, on forms provided by the Town, shall be submitted to the Enforcement
Official.
C. Applications shall have attached thereto the following information and material:
1. Application fee as set from time to time by Town Board resolution.
2. Information as listed on the application form.
3. Drawings at an appropriate scale that adequately show the design, dimensions, and colors of the
graphics and sign structure, details of any illumination sources, and placement of the sign relative to
the building or structure on which it is located and/or in relation to nearby buildings, structures, street
lines and property lines.
D. The Code Enforcement Officer shall issue a permit within 30 days after:
1. Receipt of a complete application, if the proposed sign is in conformance with all requirements of this
article and does not require action by the Planning Board or Zoning Board of Appeals, or
2. Receipt of a complete application and any necessary approvals and/or variances by the Planning Board
and Zoning Board of Appeals, if the proposed sign complies with all Planning Board and Zoning
Board of Appeals approvals and/or variances and with all requirements of this article that have not
been waived by the Zoning Board of Appeals.
E. If a sign authorized by a permit is not completed and in place within one year, said permit will expire.
F. See § 270-259.G for permit requirements for nonconforming signs.
G. The Enforcement Official shall issue a Certificate of Compliance for any sign upon completion of the
sign installation or alteration in compliance with its permit and any Planning Board or Zoning Board
of Appeals approvals.
§ 270-263. Severability clause.
If any clause, sentence,paragraph, section or part of this article shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remaining portions hereof,
but shall be confined to the clause, sentence,paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered."
Section 4. Chapter 270, entitled"Zoning," of the Town of Ithaca Code, is amended by deleting the
phrase "Signs, as regulated by Chapter 221, Signs, of the Code of the Town of Ithaca"from each of the
following Chapter 270 subsections, and reserving those subsections for future use:
A. § 270-29.G, [Agricultural Zones; text is in Permitted accessory buildings and uses section]
B. § 270-43.E [Lakefront Residential Zones; text is in Permitted accessory structures and uses section]
C. § 270-56.G [Low Density Residential Zones; text is in Permitted accessory buildings and uses section]
19
D. § 270-68.17 [Medium Density Residential Zones; text is in Permitted accessory buildings and uses
section]
E. § 270-79.17 [High Density Residential Zones; text is in Permitted accessory buildings and uses section]
F. § 270-114.0 [Commercial Zones Generally; text is in Permitted accessory uses section]
G. § 270-146.C. [Light Industrial Zones; text is in Permitted accessory buildings and uses section]
H. § 270-160.0 [Industrial Zones; text is in Permitted accessory buildings and uses section]
Section 5. Chapter 270, entitled "Zoning," of the Town of Ithaca Code, Article XI, entitled"Mobile
Home Park Zones", Section 270-97, entitled"Special requirements,"is amended by deleting Subsection J in
its entirety and reserving that subsection for future use.
Section 6. Chapter 270, entitled "Zoning," of the Town of Ithaca Code, Article XXVI, entitled
"Special Regulations," Section 270-219.2, entitled"Limitations on home occupations,"is amended by
deleting from Subsection E. the phrase "or Chapter 221, Signs, of the Code of the Town of Ithaca" and
replacing it with "Article XXIX, Signs" so that this Subsection E reads as follows:
"E. There shall be no exterior display or sign except as permitted by Article XXIX, Signs, no exterior
storage of materials, equipment (including commercial vehicles), or other items of commerce, and no
other exterior indication of the home occupation or variation from the residential character of the lot,
district or surrounding neighborhood."
Section 7. Chapter 270, entitled "Zoning," of the Town of Ithaca Code, Article XXVIII, entitled
"Administration," Section 270-233, entitled "Permit to build,"is amended by deleting in Subsection A the
phrase "Chapter 221, Signs, of the Code of the Town of Ithaca" and replacing it with the phrase"Article
XXIX, Signs".
Section 8. Chapter 271, entitled "Zoning: Special Land Use Districts," of the Town of Ithaca Code,
Section 271-3, entitled "Special Land Use District No. 1 (Wiggins),"is amended as follows:
A. In the first sentence in Subsection B(3), add the phrase"and structures" after "The uses" so that this
sentence reads: "The uses and structures permitted in this Planned Development Zone are:"
B. In Subsection B(3), add a new Subsection (f) that reads: "Signs, subject to the provisions in
Subsection B(4)(e)below."
C. In Subsection B(4), add a new Subsection (e)reading as follows:
"(e) Signs shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In
addition to the provisions that apply to all signs, the specific provisions applicable to signs located in
the Commercial and Industrial Zones shall apply, except up to two freestanding signs identifying the
on-site establishments are allowed instead of the one freestanding sign provided for in Article
XXIX."
20
Section 9. Chapter 271, entitled "Zoning: Special Land Use Districts," of the Town of Ithaca Code,
Section 271-5, entitled "Special Land Use District No. 3 (Limited Mixed Use, Biggs Complex),"is amended
as follows:
A. In the first sentence in Subsection B, add the phrase "and structures" after"The uses" so that this
sentence reads: "The uses and structures permitted in this Special Land Use District No. 3 are:"
B. In Subsection B, add a new Subsection (4) that reads: "Signs, subject to the provisions in Subsection
D below."
C. Add the following sentence to the end of Subsection D:
"Signs shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In
addition to the provisions that apply to all signs, the specific provisions applicable to signs located in
the Office Park Commercial Zones shall apply."
Section 10. Chapter 271, entitled "Zoning: Special Land Use Districts," of the Town of Ithaca Code,
Section 271-6, entitled "Special Land Use District No. 4 (Limited Mixed Use, Statler West),"is amended as
follows:
A. In the first sentence in Subsection B, add the phrase"and structures" after"The uses" so that this
sentence reads: "The uses and structures permitted in Special Land Use District No. 4 are:"
B. In Subsection B, add a new Subsection (6) that reads: "Signs, subject to the provisions in Subsection
D below."
C. Add the following sentence to the end of Subsection D:
"Signs shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In
addition to the provisions that apply to all signs, the specific provisions applicable to signs located in
the Office Park Commercial Zones shall apply."
Section 11. Chapter 271, entitled"Zoning: Special Land Use Districts," of the Town of Ithaca Code,
Section 271-7, entitled "Planned Development Zone No. 5 (Limited Mixed Use, Chamber of Commerce),"is
amended as follows:
A. In the first sentence in Subsection B, add the phrase "and structures" after"The uses" so that this
sentence reads: "The uses and structures permitted in Planned Development Zone No. 5 are:"
B. In Subsection B, add a new Subsection (4) that reads: "Signs, subject to the provisions in Subsection
D below."
C. Add the following sentence to the end of Subsection D:
"Signs shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In
addition to the provisions that apply to all signs, the specific provisions applicable to signs located in
the Commercial Zones shall apply."
21
Section 12. Chapter 271, entitled "Zoning: Special Land Use Districts," of the Town of Ithaca Code,
Section 271-8, entitled "Planned Development Zone No. 7 (Limited Mixed Use, Ithacare),"is amended as
follows:
A. In the first sentence in Subsection B(2), delete the phrase "special approval and", and add the phrase
"and structures" after "the uses" so that this sentence reads:
"Subject to site plan approval by the Planning Board the following accessory uses and structures are
permitted on Parcel 1 and Parcel 2."
B. Delete the text in Subsection B(2)(f) and replace it with the following: "Signs, subject to the
provisions in Subsection C below."
C. Add the following sentence to the end of Subsection C:
"Signs shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In
addition to the provisions that apply to all signs, the specific provisions applicable to signs located in
the Multiple Residence Zones shall apply."
Section 13. Chapter 271, entitled "Zoning: Special Land Use Districts," of the Town of Ithaca Code,
Section 271-9, entitled "Special Land Use District No. 8 (Limited Mixed Use, EcoVillage),"is amended as
follows:
A. Delete in Subsections D.III(10) and E(8), respectively, the phrase "Signs, as regulated by Chapter
221, Signs, of the Code of the Town of Ithaca" and replace it in both subsections with the following:
"Signs, which shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In
addition to the provisions that apply to all signs, the specific provisions applicable to signs located in
the Multiple Residence Zones shall apply."
B. In the first sentence in Subsection E, add the phrase "and structures" after"uses" so that this sentence
reads: "Permitted accessory uses and structures in Special Land Use District No. 8 shall be limited to the
following:"
Section 14. Chapter 271, entitled "Zoning: Special Land Use Districts," of the Town of Ithaca Code,
Section 271-11, entitled "Planned Development Zone No. 10 (Limited Mixed Use, Brookdale Senior
Living),"is amended as follows:
A. In the title and in the first sentence in Subsection D, add"structures" after"buildings" so that they
read: "Permitted accessory buildings, structures and uses. The following accessory buildings, structures
or uses are permitted as of right in Planned Development Zone No. 10:"
B. Delete Subsection D(3) and replace it with the following:
"Signs, which shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In
addition to the provisions that apply to all signs, the specific provisions applicable to signs located in
the Multiple Residence Zones shall apply."
22
Section 15. Chapter 271, entitled "Zoning: Special Land Use Districts," of the Town of Ithaca Code,
Section 271-12, entitled "Special Land Use District No. 11 (Limited Mixed Use, Cornell Chilled Water
Plant),"is amended as follows:
A. In the title and first sentence of Subsection C, add the phrase "and structures" after"uses" so that they
read: "Accessory uses and structures. Permitted accessory uses and structures shall include the
following:"
B. Delete Subsection C(7) and replace it with the following:
"Signs associated with the above uses, which shall be governed by Ithaca Town Code Chapter 270,
Zoning, Article XXIX, Signs. In addition to the provisions that apply to all signs, the specific
provisions applicable to signs located in the Commercial and Industrial Zones shall apply."
Section 16. Chapter 271, entitled "Zoning: Special Land Use Districts," of the Town of Ithaca Code,
Section 271-13, entitled "Planned Development Zone No. 12 (South Hill Business Campus),"is amended as
follows:
A. In the first sentence of Subsection E, add the phrase "and structures" after"uses" so that it reads:
"The following accessory uses and structures are permitted in Planned Development Zone No. 12:"
B. Delete Subsection E(3) and replace it with the following:
"Signs, which shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In
addition to the provisions that apply to all signs, the specific provisions applicable to signs located in
the Office Park Commercial Zones shall apply."
Section 17. Chapter 271, entitled "Zoning: Special Land Use Districts," of the Town of Ithaca Code,
Section 271-14, entitled "Planned Development Zone No. 13 (Belle Sherman Cottages),"is amended as
follows:
A. In the title and in the first sentence of Subsection E, add "structures" after"buildings" so that they
read: "Permitted accessory buildings, structures and uses. The following accessory buildings, structures
or uses are permitted as of right in Planned Development Zone No. I Y'
B. Delete Subsection E(3) and replace it with the following:
"Signs, which shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In
addition to the provisions that apply to all signs, the specific provisions applicable to signs located in
the Residential Zones shall apply."
Section 18. Chapter 271, entitled "Zoning: Special Land Use Districts," of the Town of Ithaca Code,
Section 271-15, entitled "Planned Development Zone No. 14 (Limited Mixed Use, Ithaca Beer Company),"
is amended as follows:
23
A. In the title and in the first sentence of Subsection E, add"structures" after"buildings" so that they
read: "Permitted accessory buildings, structures and uses. The following accessory buildings, structures
or uses are permitted as of right in Planned Development Zone No. 14:"
B. Delete in Subsection E(4)(i) the phrase "Chapter 221, Signs, of the Town of Ithaca Code" and replace
it with the phrase "Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs."
Section 19. This local law shall apply to all violations committed on or after the effective date of this
law. Violations committed before the effective date of this law that are being prosecuted in a court
proceeding as of the effective date shall be governed by the provisions of Chapter 221, Signs, that were in
effect immediately prior to the effective date.
Section 20. If any provision of this local law is found invalid by any court of competent jurisdiction,
such invalidity shall not affect any other provisions of this local law, which shall remain in full force and
effect.
Section 21. This local law shall take effect immediately upon its filing with the New York Secretary
of State.
24
TOWN OF ITHACA
LOCAL LAW OF THE YEAR 2017
A LOCAL LAW ADDING ART MURAL PROVISIONS TO
TOWN CODE CHAPTER 270, "ZONING"
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270, "Zoning," of the Town of Ithaca Code, is amended by adding new
Article XXX, "Art Murals," as follows:
"ARTICLE XXX
ART MURALS
§ 270-264. Purpose.
§ 270-265 Allowed art murals.
§ 270-266 Prohibited art murals.
§ 270-267 Art mural permit.
§ 270-268 Alternate requirements and procedures.
§ 270-264. Purpose.
The purpose of this article and the policy of the Town of Ithaca is to permit and encourage art
murals on a content-neutral basis on certain terms and conditions. Art murals comprise a unique
medium of expression which serves the public interest. Art murals have purposes distinct from
signs and confer different benefits. Such purposes and benefits include: improved aesthetics;
avenues for original artistic expression;public access to original works of art; and community
building through the presence of and identification with original works of art. Murals can
increase community identity and foster a sense of place if they are located at heights and scales
visible to pedestrians and are retained for longer periods of time.
§ 270-265. Allowed art murals.
Art Murals that meet all of the following criteria, and which are not prohibited by § 270-266
below, will be allowed as accessory structures in all zoning districts upon satisfaction of the
applicable permit requirements:
A. No part of the art mural shall exceed 30 feet in height, from the bottom of the mural to the
top of the mural.
B. The art mural shall not extend more than 6 inches from the wall upon which it is tiled or
painted or to which it is affixed.
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C. The art mural shall remain in place, without alterations, for a period of three years, except as
described below. The applicant shall certify in the permit application that the applicant
agrees to maintain the art mural in place for a period of three years without alteration. The
following shall not constitute "alteration" of the art mural within the meaning of this article:
(1) Naturally occurring changes to the art mural caused by exposure to the elements or the
passage of time;
(2) Minor changes to the art mural which result from its maintenance or repair. Such minor
changes include slight and unintended deviations from the original image, colors or
materials that occur when the art mural is repaired due to the passage of time, or as a
result of vandalism such as graffiti.
D. The art mural shall not be internally or externally lit.
§ 270-266. Prohibited art murals.
The following are prohibited:
A. Art murals on any historic building that is listed on the National Register of Historic Places,
or that has been proposed by the New York State Board on Historic Preservation for a
recommendation to the State Historic Preservation Officer for nomination for inclusion in the
National Register, or that is listed on the State Register of Historic Places.
B. Art murals in a public right-of-way.
C. Art murals for which compensation is given or received for the display of the art mural or for
the right to place the art mural on another's property. The applicant shall certify in the permit
application that no compensation will be given or received for the display of the art mural or
the right to place the art mural on the property. For the purposes of this article,
compensation" shall mean the exchange of something of value. It includes, without
limitation, money,securities, real property interest, barter of goods or services,promise of
future payment, or forbearance of debt. "Compensation" does not include:
(1) Goodwill; or
(2) An exchange of value that a building owner(or leaseholder with a right to possession of
the wall upon which the art mural is to be placed)provides to an artist, muralist or other
entity where the compensation is only for the creation and/or maintenance of the art
mural on behalf of the building owner or leaseholder, and the building owner or
leaseholder fully controls the content of the art mural.
D. Art murals which would result in a property becoming out of compliance with the provisions
of Chapter 270, Zoning, or with conditions of approval imposed by the Planning Board or
Zoning Board of Appeals for the development or lot on which the art mural is to be located.
E. Art murals that contain moving or mechanical components.
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§ 270-267. Art mural permit.
A. No art mural shall be erected or altered, unless and until an art mural permit for such work
has been obtained. No art mural permit is necessary for maintenance or repair of such a
mural,provided the art mural is reinstalled in the same location, and its dimensions, height,
and design remain unchanged.
B. Applications for art mural permits, on forms provided by the Town, shall be submitted to the
Code Enforcement Officer.
C. Applications shall have attached thereto the following information and material:
(1) Application fee as set from time to time by Town Board resolution.
(2) Information as listed on the application form.
(3) Drawings at an appropriate scale that adequately show the dimensions, height and design
of the art mural, details of any illumination sources, and placement of the art mural
relative to the building on which it is located.
D. The Code Enforcement Officer shall issue a permit within 30 days after:
(1) Receipt of a complete application, if the proposed art mural is in conformance with all
requirements of this article and does not require action by the Planning Board or Zoning
Board of Appeals, or
(2) Receipt of a complete application and any necessary approvals and/or variances by the
Planning Board and Zoning Board of Appeals, if the proposed art mural complies with
all Planning Board and Zoning Board of Appeals approvals and/or variances and with all
requirements of this article that have not been waived by the Zoning Board of Appeals.
E. If an art mural authorized by a permit is not completed and in place within one year, said
permit will expire.
F. The Code Enforcement Officer shall issue a Certificate of Compliance for any art mural upon
completion of the art mural installation or alteration in compliance with its permit and any
Planning Board or Zoning Board of Appeals approvals.
§ 270-268. Alternate requirements and procedures.
Even though art murals are not signs, a building owner(or leaseholder with a right to possession
of the wall upon which the art mural is to be placed) may at its option have the requirements and
procedures of Article XXIX, Signs, apply to a proposed art mural that does not meet one or more
requirements of this Article XXX, Art Murals. The building owner or leaseholder must notify
the Department of Code Enforcement in writing that it wishes to utilize this option at least 45
days prior to installation of the art mural. The art mural will thereafter be subject to all of the
requirements of, and procedures in, Article XXIX, Signs, instead of those in Article XXX, Art
Murals."
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Section 2. If any provision of this local law is found invalid by any court of competent
jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall
remain in full force and effect.
Section 3. This local law shall take effect immediately upon its filing with the New York
Secretary of State.
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