HomeMy WebLinkAbout06-11-14 Planning and Economic Development Committee Meeting AgendaPEDC Meeting
Planning and Economic Development Committee
Ithaca Common Council
DATE: June 11, 2014
TIME: 6pm
LOCATION: 3rd floor
City Hall Council Chambers
AGENDA ITEMS
Item Voting
Item?
Presenter(s) Time
Start
1) Call to Order/Agenda Review
2) Special Order of Business
3) Public Comment and Response from
Committee Members
4) Announcements, Updates, and Reports
5) Action Items – Voting to Send on to Council
a) Disposition of 707 East Seneca Street –
Reconsideration of Environmental Significance
b) Collegetown Area Form Districts -- Non-
substantive Revisions
c) Planned Unit Development Zoning District
(Industrial Zones Only)
6) Discussion
a) Noise Ordinance Reform
b) Burying Utility Lines in Collegetown
7) Review and Approval of Minutes
No minutes ready for approval
.
8) Adjournment
No
No
No
Yes
Yes
Yes
No
No
Yes
Chair, Seph Murtagh
Nels Bohn, IURA
Megan Wilson, Planning Staff
Jennifer Kusznir, Planning Staff
Ari Lavine, City Attorney
JoAnn Cornish, Planning Director
6:00
6:05
6:30
6:35
6:45
7:00
7:30
8:00
8:25
8:30
If you have a disability and require accommodations in order to fully participate, please contact the City Clerk at 274‐6570 by 12:00
noon on Tuesday, June 10, 2014.
Proposed Resolution
Planning & Economic Development Committee
June 11, 2014
Disposition of City‐Owned Property at 707 E. Seneca Street – Revised Environmental
Determination
WHEREAS, the City of Ithaca Common Council is considering sale of vacant property
located at 707 E. Seneca Street, Ithaca, NY (tax parcel #68.‐2‐9.2) for the highest
marketable price, and
WHEREAS, as proposed, the Ithaca Urban Renewal Agency will act as agent for the City
of Ithaca to market the property for sale through a real estate broker for the highest
marketable price, and
WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the
environmental review of this proposed action, and
WHEREAS, such proposed action for the transfer or sale of less than 2.5 contiguous acres of
land is an Unlisted Action under the City of Ithaca Environmental Quality Review
Ordinance (“CEQR”) and an Unlisted Action under the State Environmental Quality
Review Act (“SEQR”), both of which require environmental review, and
WHEREAS, on May 14, 2014, the Planning & Economic Development Committee
(“PEDC”) reviewed a Short Environmental Assessment Form (“SEAF”) for the proposed
action and determined that the project will result in no significant impact on the
environmental, and approved disposition of City‐owned property at 707 E. Seneca St.,
and
WHEREAS, after the May PEDC meeting, new information became available resulting in
preparation of a revised SEAF, and
WHEREAS, minutes of the Common Council and Board of Public Works from 1982
suggest that the City intended to use the newly acquired 707 E. Seneca Street property
for public open space, therefore the revised SEAF identifies the proposed action as
having an “effect on existing or future recreational opportunities”, which triggers the
requirement for a Full Environmental Assessment Form (“FEAF”), and
WHEREAS, a FEAF and supporting information has been provided to the City of Ithaca
Conservation Advisory Council for review of the proposed action and no comments have
been received to date, and
WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the
environmental review, has reviewed and accepted as adequate a revised Short
Environmental Assessment Form, Part 1 and Part 2, and the Full Environmental
Assessment Form, Part 1 and Part 2, prepared by Ithaca Urban Renewal Agency staff;
now, therefore, be it
RESOLVED, that the City of Ithaca Common Council hereby determines that the
proposed sale of vacant City‐owned property located at 707 E. Seneca Street, Ithaca, NY
(tax parcel #68.‐2‐9.2) for the highest marketable price will result in no significant
impact on the environment and that a Negative Declaration for purposes of Article 8 of
the Environmental Conservation Law be filed in accordance with the provisions of Part
617 of the State Environmental Quality Review Act, and be it further
RESOLVED, that the Planning & Economic Development Committee reaffirms its May 14,
2014 action to authorize disposition of property located at 707 E. Seneca Street (tax
map # 68.‐2‐9.2).
j:\community development\dispositions\707 e seneca\reso p&ed 707 e seneca st ‐ neg dec 6‐11‐14.doc
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
To: Planning & Economic Development Committee To: Planning & Economic Development Committee
From: Megan Wilson, Planner From: Megan Wilson, Planner
Date: June 4, 2014 Date: June 4, 2014
RE: Proposed Non-Substantive Revisions to the Collegetown Area Form Districts RE: Proposed Non-Substantive Revisions to the Collegetown Area Form Districts
Following the adoption of the Collegetown Area Form Districts in March 2014, staff identified
several non-substantive revisions that should be made to the adopted zoning. The proposed
revisions would correct small inconsistencies and clarify the intent of various regulations. These
recommended revisions are as follows:
• Correct the maximum and minimum height table (pg. 7) to make the minimum heights for
the residential districts consistent with the minimum height requirements in the district
regulations.
• Revise the text of the minimum off-street parking requirements for the CR districts (pgs. 10,
12, 14, & 18) to clarify that the residential requirement applies per dwelling unit, as in other
zoning districts within the city.
• Revise the text of the “Use Table” (pg. 28) for permitted primary uses in CR-3 and CR-4 to
combine Bed and Breakfast Home and Inn to make it consistent with other zoning districts
within the city.
• Revise the text of “Street-Level Actives Uses Required” (pg. 31) to clarify that an active use
is required on the entire street-level story for all buildings fronting on the highlighted street
on the map.
Attached please find a draft ordinance and the revised Collegetown Area Form Districts document,
dated June 4, 2014, that further detail these proposed revisions. In the Collegetown Area Form
Districts document, the revisions can be found in highlighted text on the pages noted above.
Because the revisions are non-substantive, this proposal is not subject to environmental review.
Staff will attend the Planning & Economic Development Committee meeting on June 11, 2014 to
answer any questions. If you have any questions, feel free to contact me at
mwilson@cityofithaca.org or 274-6560.
6/4/14
An Ordinance to Amend The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled “Zoning” To Make Non-Substantive Revisions to
§325-45, Collegetown Area Form Districts
WHEREAS, following the adoption of the Collegetown Area Form Districts
in March 2014, staff identified several non-substantive revisions that
should be made to the adopted zoning, and
WHEREAS, the proposed revisions would correct small inconsistencies
and clarify the intent of various regulations; now, therefore,
ORDINANCE NO. ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 325 of the Municipal Code of the City of Ithaca be
amended as follows:
Section 1. Chapter 325, Section 325-45.2D(1) of the Municipal Code of
the City of Ithaca is hereby amended to read as follows:
(1) Building heights in the CR and MU districts are regulated
using feet and stories. A table illustrating the range of
height appears below:
MAX. & MIN. HEIGHT IN STORIES & FEET
District
Max.
Stories
Min.
Stories
Max.
Feet
Min.
Feet
CR‐1 3* 2 35' 19' 20'
CR‐2 3* 2 35' 19' 20'
CR‐3 3* 2 35' 19' 20'
CR‐4 4 2 45' 19' 20'
MU‐1 5 3 70' 30'
MU‐2 6 4 80' 45'
*Top Story Limitation – A habitable 3rd story in CR-1,
CR-2, and CR-3 districts must be fully contained within a
pitched roof.
Section 2. Chapter 325, Section 325-45.2E(1), Section 325-45.2E(2),
and Section 325-45.2E(3) of the Municipal Code of the City of Ithaca
is hereby amended to read as follows:
MIN OFF‐STREET PARKING
1. Residence
a. Up to 3 bed or sleeping rooms per dwlg. unit 1 space
b. 4 and 5 bed or sleeping rooms per dwlg. unit 2 spaces
c. Each add'l bed or sleeping room per dwlg. unit 1 space
2. Home occupation 1 space
Page 1 of 3
6/4/14
3. Other uses
See §325‐
20D(3)(b)
Section 3. Chapter 325, Section 325-45.2F(1) of the Municipal Code of
the City of Ithaca is hereby amended to read as follows:
MIN OFF‐STREET PARKING
Buildings that fully comply with the New York State Building Code or
Residential Code for new construction:
None, provided that a transportation demand management plan is
accepted by the Planning and Development Board during site plan
review.
All other structures:
1. Residence
a. Up to 3 bed or sleeping rooms per dwlg. unit 1 space
b. 4 and 5 bed or sleeping rooms per dwlg. unit 2 spaces
c. Each add'l bed or sleeping room per dwlg. unit 1 space
2. Home occupation 1 space
3. Other uses
See §325‐
20D(3)(b)
Section 4. Chapter 325, Section 325-45.3A of the Municipal Code of
the City of Ithaca is hereby amended to read as follows:
District Permitted Primary Use
CR‐3
By Special Permit of Board of Zoning
Appeals:
11. Bed and Breakfast Homes and Inns
12. Cemetery and related buildings
13. Hospital or sanatorium
14. Inn
14. 15. Neighborhood Commercial
Facility (see §325‐3)
15. 16. Public utility structure except
office
16. 17. Schools (all) and related buildings
CR‐4
By Special Permit of Board of Zoning
Appeals:
11. Bed and Breakfast Homes and Inns
12. Cemetery and related buildings
13. Hospital or sanatorium
Page 2 of 3
6/4/14
Page 3 of 3
14. Inn
14. 15. Neighborhood Commercial
Facility (see §325‐3)
15. 16. Public utility structure except
office
16. 17. Schools (all) and related buildings
Section 5. Chapter 325, Section 325-45.3B(1) of the Municipal Code of
the City of Ithaca is hereby amended to read as follows:
(1) Within the MU-2 district, active uses are required on the
entire street-level of all buildings fronting on those
portions of College Avenue, Dryden Road, and Eddy Street
designated on the map below.
Section 6. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of notices as
provided in the Ithaca City Charter.
§325-45 COLLEGETOWN AREA FORM DISTRICTS
ITHACA, NEW YORK
June 4, 2014
DRAFT
DRYDEN RD
OAK AVE
HOY RD
ED
D
Y ST
IT H A C A R D
COLLE
GE
AVE
ELMWOOD AVE
CORNE
LL ST
MITCHELL ST
LINDEN AVE
B
R
Y
A
N
T A
V
E
BLAIR ST COB
B ST
WORTH ST
N QUARRY
ST
E S
T
AT
E S
T / M.L.K. J
R S
T
DELAWARE AVE
R I D G E D A L E R D
COO K S T
I R V I N G P L
FERRIS PL
VALLE Y RD
MILLE R ST
MAP LE AV E
WIL LIA MS ST
E SENE C A ST
FAIRMOUNT AVE
E BUFFALO ST
CAT HE R INE S T
B
R
A
N
D
O
N P
L
O X F O R D P L
E D G E MO O R L A
W
O
O
D
C
O
C
K
S
T
HARVARD PL
BOOL ST
S
Q
U
A
R
R
Y
S
T
SUMMIT AVE
FAIRVIEW SQ
H O L L I S T E R D R
FROSH ALLE Y
ONEIDA P
L
DRYD
EN C
T
MAP
LE GROVE
PL
MITCHELL ST
V A L L E Y R D
CR-1 CR-1
CR-1
CR-1
CR-1
CR-2
CR-2
CR-2 CR-2
CR-2
CR-2
CR-2
CR-2
CR-2
CR-3
CR-3
CR-3
CR-3
CR-3
CR-3CR-3
CR-3
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
MU-1MU-1
MU-2
MU-2
MU-2
MU-2
Street
Stre
e
t
C
D
A
B
This Page Left Intentionally Blank
§325-45. COLLEGETOWN AREA FORM DISTRICTS
CONTENTS
325-45.1 GENERAL PROVISIONS ......................................................................1
A. Short Title ...........................................................................................................1
B. Intent ..................................................................................................................1
C. Applicability .......................................................................................................1
D. Design Review and Approval Required ................................................................1
E. Landmarks Preservation Commission ..................................................................1
F. Other Applicable Sections ...................................................................................2
325-45.2 DISTRICT STANDARDS ......................................................................3
A. Establishment of Districts ...................................................................................3
B. Definitions and Related Standards .......................................................................3
C. Collegetown Area Form Districts.........................................................................6
D. Maximum Height (in stories) Map .....................................................................7
E. Collegetown Residential (CR-1, CR-2, CR-3).....................................................9
F. Collegetown Residential 4 (CR-4) .....................................................................17
G. Mixed Use (MU-1, MU-2) ...............................................................................21
325-45.3 ALLOWED USES ................................................................................27
A. Use Table ...........................................................................................................27
B. Street-Level Active Uses Required ......................................................................31
Collegetown Area Form Districts
DRYDEN RD
OAK AVE
HOY RD
EDDY
ST
IT H A C A R D
COLLEGE AVE
ELMWOOD AVE
CORNE
LL ST
MITCHELL ST
LINDEN AVE
B
R
Y
A
N
T A
V
E
BLAIR ST COBB ST
WORTH ST
N Q
UARRY ST
E S
TA
T
E S
T / M.L.K. J
R S
T
DELAWARE AVE
R I D G E D A L E R D
COOK ST
I R V I N G P L
FERRIS PL
VALLEY RD
MILLER ST
MAP LE AVE
WILLIAMS ST
E SENECA ST
FAIRMOUNT AVE
E BUFFAL O ST
CATHERINE ST
B
R
A
N
D
O
N
P
L
O X F O R D P L
EDGEMOO R LA
W
O
O
D
C
O
C
K
S
T
HARVARD PL
BOOL ST
S
Q
U
AR
RY
S
T
SUMMIT AVE
FAIRVIEW SQ
H O L L I S T E R D R
FROSH ALLE Y
ONEIDA PL
DRYDEN CT
MAPLE GROVE
PL
MITCHELL ST
V A L L E Y R D
CR-1 CR-1
CR-1
CR-1
CR-1
CR-2
CR-2
CR-2 CR-2
CR-2
CR-2
CR-2
CR-2
CR-2
CR-3
CR-3
CR-3
CR-3
CR-3
CR-3CR-3
CR-3
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
MU-1MU-1
MU-2
MU-2
MU-2
MU-2
1Collegetown Area Form DistrictsJune 4, 2014
DRAFT
325-45.1 General Provisions
A. Short Title
This section shall be known as the “Collegetown Area Form Districts.”
B. Intent
The intent of this section is to implement the 2009 Collegetown Urban Plan & Conceptual Design Guidelines, endorsed
by the Common Council on August 5, 2009. This section establishes the zoning regulations necessary to guide imple-
mentation of the City-endorsed vision for the redevelopment of property within the Collegetown area. Specifically, the
Collegetown Area Form Districts are intended to:
(1) Encourage exceptional urban design and high-quality construction;
(2) Regulate elements of building form to ensure a consistent transition between districts;
(3) Concentrate additional development in the central areas of Collegetown and protect the character of the
established residential neighborhoods;
(4) Preserve and enhance green space that is a vital ecological, recreational, and aesthetic component of the urban
environment; and
(5) Promote attractive, walkable neighborhoods that prioritize accommodation of modes of transportation other
than single-occupancy automobiles.
C. Applicability
(1) No building or part thereof within any district of the Collegetown Area Form Districts shall be erected, moved,
or altered on its exterior unless in conformity with the regulations herein specified for the district in which it is
located.
(2) In the event that provisions of the Collegetown Area Form Districts conflict with other sections of the City
Municipal Code, the Collegetown Area Form Districts shall prevail.
(3) In cases of nonconforming uses, buildings, and lots, refer to Chapter 325 Zoning, Article VI.
D. Design Review and Approval Required
(1) All new construction (including parking lot construction or expansion) is subject to the design review process
set forth in Chapter 160, Design Review, of the City Municipal Code.
(2) No building permit shall be issued or structure or building shall be erected, and no exterior of an existing
building or structure shall be altered, remodeled, enlarged or extended until the project or development has
design review approval.
E. Landmarks Preservation Commission
Regardless of the underlying zoning, all new construction (including additions) within a designated local historic district
or on the same tax parcel as an individually designated local landmark is subject to review and approval by the Ithaca
Landmarks Preservation Commission for compliance with Sections 228-5(B) and (C) of the City Municipal Code.
2 Collegetown Area Form Districts June 4, 2014
DRAFT
F. Other Applicable Sections
The following sections of Chapter 325 shall apply in the CR and MU districts. Those sections of Chapter 325 not listed
below do not apply within the CR and MU districts.
(1) § 325-2. Statutory authority, and purpose.
(2) § 325-3. Definitions, and word usage, except as modified in § 325-45.2 (B), Definitions and Related Standards.
(3) § 325-4. Establishment of districts.
(4) § 325-5. Zoning Map.
(5) § 325-6. Interpretation of boundaries.
(6) § 325-7. Application of regulations.
(7) § 325-8. District regulations.
(8) § 325-9. Standards. (Special Permits)
(9) § 325-10. Accessory Apartments.
(10) § 325-14. Application.
(11) § 325-15. Use regulations.
(12) § 325-16. Height regulations, except as expressly modified in this section.
(13) § 325-17. Area regulations.
(14) § 325-18. Yard regulations.
(15) § 325-20. Off-street parking.
(16) § 325-23. General standards applying to all land uses.
(17) § 325-25. Location of accessory structures.
(18) § 325-26. New structures along streams or inlets.
(19) § 325-29. Landmarks.
(20) § 325-29.1. Adult uses.
(21) § 325-29.3. Dumpsters.
(22) ARTICLE VA. Telecommunications Facilities, and Services.
(23) ARTICLE VI. Nonconforming Uses, Buildings, and Lots.
(24) ARTICLE VII. Administration and Enforcement.
(25) ARTICLE IX. Amendments.
(26) ARTICLE X. Penalties.
3Collegetown Area Form DistrictsJune 4, 2014
DRAFT
325-45.2 District Standards
A. Establishment of Districts
Six zoning districts are established for the Collegetown area. These districts are as follows:
Abbreviation District
CR-1 Collegetown Residential 1
CR-2 Collegetown Residential 2
CR-3 Collegetown Residential 3
CR-4 Collegetown Residential 4
MU-1 Mixed Use 1
MU-2 Mixed Use 2
B. Definitions and Related Standards
The definitions of §325-3 shall control, except where a definition is provided below.
(1) Blank Wall
(a) Length of blank wall area means a portion of the exterior facade of the building that does not include:
windows or doors; columns or pilasters; other articulation greater than 12 inches in depth; or a substantial
material change (paint color is not considered a substantial change).
(b) Maximum length of blank wall applies in both a vertical and horizontal direction on street-facing facades.
The shortest dimension of any rectangular area of blank wall shall not exceed the maximum length for the
district (8’ in all Collegetown Residential districts and 12’ in both Mixed Use districts).
BlankWall
Blank Wall
Blank Wall
(2) Building Height
(a) The existing definition of building height shall apply (refer to § 325-3 - “Height of Building”).
(b) Building heights in the CR and MU districts are regulated using feet and stories.
(c) The only parts of the building which may exceed the maximum building height are bulkheads, housing for
mechanical equipment, towers and similar constructions not intended for human occupancy, provided that
the requirements of §325-45.2B(10) are met.
(3) Building Projections
No part of any building shall encroach into any setback, except as described below:
(a) Overhanging eaves and bay windows may project up to 2 feet into any required setback
(b) In CR districts, awnings and balconies may extend up to 5 feet into any required setback provided that
such extension is at least 2 feet from the vertical plane of any lot line.
4 Collegetown Area Form Districts June 4, 2014
DRAFT
(4) Doors and Entries
(a) An entrance providing both ingress and egress, operable to residents or customers, is required to meet the
street-facing entrance requirements. Additional entrances off another street, pedestrian area or internal
parking area are permitted.
(b) The entrance spacing requirements must be met for each building.
En
tr
anc
e
separation
requi
rement
(5) Front Porches
(a) A front porch must be a minimum of 6 feet deep, not including steps.
(b) A front porch must cover at least 33% of the street-level story facade width of the building.
(c) A front porch must be roofed and edged by balustrades (railings) or low walls, and posts that extend up to
the roof. The entire front porch must be of open air construction with all exterior faces being at least 50%
open.
6’Min 33%min
Se
t
b
a
c
k
(6) Front Stoops
(a) A front stoop shall be a maximum of 5 feet deep, not including steps, and a maximum of 6 feet wide.
(b) A front stoop may be roofed but not enclosed.
5’
max
6’
max
Se
t
b
a
c
k
(7) Glazing
(a) When required, glazing is the minimum percentage of transparent windows and doors that must cover a
street-level story’s street-facing facade.
(b) Glazing is considered transparent where it has a transparency higher than 80% and external reflectance of
less than 15%.
5Collegetown Area Form DistrictsJune 4, 2014
DRAFT
(c) Glazing is measured between 2 and 12 feet above the abutting sidewalk.
Gl
a
z
i
n
g
12’
2’
(8) Infill Development in MU Districts
(a) More than one principal structure is permitted on a parcel in the MU districts provided that the first
principal structure meets all requirements of §325-45.
(b) Any additional principal structure placed behind a principal structure that abuts the street and sidewalk
must meet all requirements of §325-45 except:
(1) Front setback;
(2) Distance between functioning entries;
(3) Glazing (MU-2 district only); and
(4) Street-level active uses required (MU-2 district only)
(c) If the above requirements are met, §325-8B(1) shall not apply to additional structures on a parcel in the
MU districts.
(9) Parking Setback
(a) Definition: A line which extends vertically and parallel to the street, in front of which parking on the site
is not allowed.
(b) All parking areas shall be located behind the parking setback line.
(c) The parking setback line does not apply to on-street parking.
(10) Required Vegetative Buffer
(a) A minimum 10 foot vegetative buffer from the rear property line is required for all properties within CR-
1, CR-2, and CR-3 districts.
(b) Accessory structures can be located within the vegetative buffer but must conform to required rear and side
yard setbacks.
(c) Required landscaping must be permanently maintained in a healthy growing condition at all times.
(11) Top Story Limitation
A habitable 3rd story in CR-1, CR-2, and CR-3 districts must be fully contained within a pitched roof. Project-
ing eaves and dormers are permitted. The aggregate width of the dormers cannot exceed 50% of the width of
the roof on the side where the dormer(s) are located, except as may be allowed by design review.
(12) Row House
(a) Definition: A residential structure composed of three or more attached modules with shared sidewalls, the
facade of each module measuring no more than 25-feet in length and maintaining a uniform setback from
the street line. Modules within a row house may consist of a single dwelling unit or may contain multiple
vertically-stacked dwelling units. Each module must have one street-facing entry.
(13) Utilities and Mechanical Equipment
All utilities and mechanical equipment must be screened from public view.
(a) Incorporation of mechanicals into stories with occupiable space is encouraged; if this is done, mechanicals
will be calculated as part of building height.
(b) Alternatively, mechanicals will not be measured as part of building height, provided that:
(1) The mechanical equipment is not incorporated into stories with occupiable space;
(2) The mechanical equipment is architecturally integrated into the building; and
(3) The mechanical equipment is less than one-third of the building footprint and does not exceed 9 feet
in height above the roof.
6 Collegetown Area Form Districts June 4, 2014
DRAFT
C. Collegetown Area Form Districts
DRYDEN RD
OAK AVE
HOY RD
EDDY ST
IT H A C A R D
COLLEGE AVE
ELMWOOD AVE
CORNELL ST
MITCHELL ST
LINDEN AVE
B
R
Y
A
N
T A
V
E
BLAI
R ST COBB ST
WORTH ST
N QUARRY ST
E S
T
A
T
E S
T / M.L.K. J
R S
T
DELAWARE AVE
R I D G E D A L E R D
COOK ST
I R V I N G P L
FERRIS PL
VALLE Y RD
MIL LE R ST
MAPLE AVE
WILLIAMS ST
E SENECA ST
FAIRMOUNT AVE
E BUFFALO ST
CATHERINE S T
B
R
A
N
D
O
N P
L
O X F O R D P L
ED GEMOOR L A
W
O
O
D
C
O
C
K
S
T
HARVARD PL
BOOL ST
S
Q
U
ARRY
ST
SUMMIT AVE
FAIRVIEW SQ
H O L L I S T E R D R
FROSH ALLEY
ONEIDA PL
DRYDEN
CT
MAPLE GROVE PL
MITCHELL ST
V A L L E Y R D
CR-1 CR-1
CR-1
CR-1
CR-1
CR-2
CR-2
CR-2 CR-2
CR-2
CR-2
CR-2
CR-2
CR-2
CR-3
CR-3
CR-3
CR-3
CR-3
CR-3CR-3
CR-3
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
MU-1MU-1
MU-2
MU-2
MU-2
MU-2
7Collegetown Area Form DistrictsJune 4, 2014
DRAFT
D. Maximum Height (in stories) Map
(1) Building heights in the CR and MU districts are regulated using feet and stories. A table illustrating the range
of height appears below:
MAX. & MIN. HEIGHT IN STORIES & FEET
District Max.
Stories
Min.
Stories Max. Feet Min. Feet
CR-1 3*2 35’20’
CR-2 3*2 35’20’
CR-3 3*2 35’20’
CR-4 4 2 45’20’
MU-1 5 3 70’30’
MU-2 6 4 80’45’
* Top Story Limitation - A habitable 3rd story in CR-1, CR-2, and CR-3 districts must be fully contained
within a pitched roof.
OA K AVE
DRYDEN RD
EDDY ST
I
T
H
A
C
A
R
D
HOY RD
COLLE
GE
AVE
ELMWO
O
D AVE
CORNE
LL ST
LINDEN AVE
B
R
Y
A
N
T A
V
E
MITCHELL ST
BLAIR ST
D
E
L
AWA
R
E
AV
E
COOK ST
I R V I N G P L
WO RTH S T
E STATE ST / M.L.K. JR ST
RIDGEDALE RD
FAIRMOUNT AVE
CATHERINE ST
O X F O R D P L
HARVARD PL
B
R
A
N
D
O
N
P
L
BOOL ST
S Q
UARRY ST
SUMMIT AVE
H O L L I S T E R D R
E SENECA ST
MAP LE AV E
WILLIA MS ST
MILLER ST
FROSH ALLEY
E BUFFALO ST
ONEIDA PL
C A S C A D I L L A P L
ORCHARD PL
DRYDEN CT
MITCHELL ST
3 3
3 3
3
33
3
3
3
3
3
3
3
3
3
3
3
33
3
3
4
4
4
4
4
44
4
5
5
6
6
6
6
8 Collegetown Area Form Districts June 4, 2014
DRAFT
This Page Left Intentionally Blank
9Collegetown Area Form DistrictsJune 4, 2014
DRAFT
OAK AVE
DRYDEN RD
EDDY ST
I
T
H
A
C
A
R
D
HOY RD
COLLEGE AVE
ELMWOOD AVE
CORNELL ST
LINDEN AVE
B
R
Y
A
N
T AV
E
MITCHELL ST
BLAIR ST
DEL
AWARE
AVE
COOK ST
I R V I N G P L
WORTH ST
E STATE ST / M.L.K. JR ST
RIDGEDALE RD
FAIRMOUNT AVE
CATHERINE ST
O X F O R D P L
HARVARD PL
B
R
A
N
D
O
N P
L
BOOL ST
S QUARRY ST
SUMMIT AVE
H O L L I S T E R D R
E SENECA ST
MAPLE AVE
WILLIAMS ST
MILLER ST
FROSH ALLEY
E BUFFALO ST
ONEIDA PL
C A S C A D I L L A P L
ORCHARD PL
DRYDEN CT
MITCHELL ST
CR-1 CR-1
CR-1
CR-1
CR-1
CR-2CR-2
CR-2 CR-2
CR-2
CR-2
CR-2
CR-2
CR-2
CR-3
CR-3
CR-3
CR-3
CR-3
CR-3
CR-3CR-3
PURPOSE & INTENT
The Collegetown Residential 1-3 (CR-1, CR-2,
CR-3) districts contain predominantly residential
structures occupied as single-family homes, as
duplexes, or as multiple residences often rented by
university students. The intent is to maintain the
existing housing stock. Significant redevelopment
within these districts is neither anticipated nor
encouraged.
Any new construction shall be similar in form and
scale, and the zoning requirements of these dis-
tricts are intended to protect the character of the
established residential neighborhoods. Mandatory
architectural elements, such as front porches and
pitched roofs, ensure that new construction is in
keeping with the existing built environment. All
three districts have a maximum building height
of three stories, provided that the third story is
completely contained within the required pitched
roof. In addition, buildings cannot exceed 35 feet
in height.
The Collegetown Residential 1-3 districts accom-
modate single-family, two-family, and multi-
family uses, depending on the district. Denser
residential uses are permitted in those areas closer
to central Collegetown.
E. Collegetown Residential (CR-1, CR-2, CR-3)
Viewpoint of intent illustration above
10 Collegetown Area Form Districts June 4, 2014
DRAFT
LOT CRITERIA SITING
LOT SIZE
A Area, min
1. One-family detached dwelling 4,000 sf
2. Other uses 5,500 sf
B Width at street line, min
1. One-family detached dwelling 45’
2. Other uses 50’
LOT COVERAGE
C Lot coverage by buildings, max 30%
D Green space, min 35%
MIN OFF-STREET PARKING
1. Residence
a. Up to 3 bed or sleeping rooms per
dwlg. unit
1 space
b. 4 and 5 bed or sleeping rooms per
dwlg. unit
2 spaces
c. Each add’l bed or sleeping room
per dwlg. unit
1 space
2. Home occupation 1 space
3. Other uses See §325-
20D(3)(b)
PRINCIPAL BUILDING
A Front setback, min 10’
B Side setback, min 5’
C Rear setback (whichever is less), min 20’ or 20%
of lot depth
Spacing between primary structures on
same parcel, min 20’
ACCESSORY STRUCTURE
D Side setback, min 5’
E Rear setback, min 5’
F Square footage of footprint, max 500 sf
PARKING LOCATION
G Garage setback from front facade, min 20’
H Parking setback at front
facade
(1) Collegetown Residential 1 (CR-1)
Street
Stree
t
C
C
D
B
A
Street
Stre
e
t
C
EH
A
B
A
D
D
F
G
11Collegetown Area Form DistrictsJune 4, 2014
DRAFT
HEIGHT ACTIVATION
PRINCIPAL BUILDING
A Height (stories/feet), max 3/35’
B Height (stories/feet), min 2/20’
Habitable space in the 3rd story must be fully
contained within the pitched roof. See §325-
45.2B(11)
ACCESSORY STRUCTURE
C Height, (stories/feet), max 2/20’
FLOOR HEIGHT (PRINCIPAL BUILDING)
D Street-level (floor to floor), min 9’
E 2nd story (floor to floor), min 9’
ROOF
F Pitched roof Required
Shed roof not allowed as primary roof
G Pitch of principal gable, min/max 6:12/12:12
STREET FACADE
A Length of blank wall, max 8’
DOORS AND ENTRIES
B Functioning entry on the street-facing
facade, min
1
For corner lots, one functioning entry is required on
a street-facing facade
PORCH
C Front porch Required
Street
Stre
e
t
F
A
BD
E
G
C
Street
Stre
e
t
B
C
A
(1) Collegetown Residential 1 (CR-1)
12 Collegetown Area Form Districts June 4, 2014
DRAFT
(2) Collegetown Residential 2 (CR-2)
LOT SIZE
A Area, min
1. One-family or two-family dwelling 4,000 sf
2. Other uses 5,500 sf
B Width at street line, min
1. One-family or two-family dwelling 45’
2. Other uses 50’
LOT COVERAGE
C Lot coverage by buildings, max 35%
D Green space, min 35%
MIN OFF-STREET PARKING
1. Residence
a. Up to 3 bed or sleeping rooms per
dwlg. unit
1 space
b. 4 and 5 bed or sleeping rooms per
dwlg. unit
2 spaces
c. Each add’l bed or sleeping room per
dwlg. unit
1 space
2. Home occupation 1 space
3. Other uses See §325-
20D(3)(b)
PRINCIPAL BUILDING
A Front setback, min 10’
B Side setback, min 5’
C Rear setback (whichever is less), min 20’ or 20%
of lot depth
Spacing between primary structures
on same parcel, min 20’
ACCESSORY STRUCTURE
D Side setback, min 3’
E Rear setback, min 3’
F Square footage of footprint, max 500 sf
PARKING LOCATION
G Garage setback from front facade, min 20’
H Parking setback at front
facade
LOT CRITERIA SITING
Street
Stre
e
t
E
A
A
H
G
B
C
D
D
F
B
Street
Stre
e
t
C
D
A
C
13Collegetown Area Form DistrictsJune 4, 2014
DRAFT
PRINCIPAL BUILDING
A Height (stories/feet), max 3/35’
B Height (stories/feet), min 2/20’
Habitable space in the 3rd story must be fully
contained within the pitched roof. See §325-
45.2B(11)
ACCESSORY STRUCTURE
C Height, (stories/feet), max 2/20’
FLOOR HEIGHT (PRINCIPAL BUILDING)
D Street-level (floor to floor), min 9’
E 2nd story (floor to floor), min 9’
ROOF
F Pitched roof Required
Shed roof not allowed as primary roof
G Pitch of principal gable, min/max 6:12/12:12
STREET FACADE
A Length of blank wall, max 8’
DOORS AND ENTRIES
B Functioning entry on the street-facing
facade, min
1
For corner lots, one functioning entry is required on
a street-facing facade
PORCH
C Front porch Required
HEIGHT ACTIVATION
B
A
C
Street
Stre
e
t
F
D
E
G
Street
Stre
e
t
A
B
C
(2) Collegetown Residential 2 (CR-2)
14 Collegetown Area Form Districts June 4, 2014
DRAFT
(3) Collegetown Residential 3 (CR-3)
LOT SIZE
A Area, min
1. One-family or two-family dwelling 3,000 sf
2. Multiple dwelling and other uses 3,500 sf
B Width at street line, min
1. One-family or two-family dwelling 30’
2. Multiple dwelling and other uses 40’
LOT COVERAGE
C Lot coverage by buildings, max 40%
D Green space, min 30%
MIN OFF-STREET PARKING
1. Residence
a. Up to 3 bed or sleeping rooms per
dwlg. unit
1 space
b. 4 and 5 bed or sleeping rooms per
dwlg. unit
2 spaces
c. Each add’l bed or sleeping room per
dwlg. unit
1 space
2. Home occupation 1 space
3. Other uses See §325-
20D(3)(b)
PRINCIPAL BUILDING
A Front setback, min 10’
B Side setback, min 5’
C Rear setback (whichever is less), min 20’ or 20%
of lot depth
Spacing between primary structures
on same parcel, min 10’
ACCESSORY STRUCTURE
D Side setback, min 3’
E Rear setback, min 3’
F Square footage of footprint per unit,
max 500 sf
PARKING LOCATION
G Garage setback from front facade, min 20’
H Parking setback at front
facade
LOT CRITERIA SITING
Street
Stre
e
t
H
G
A
A
B
C
E
D
D
F
B
Street
Stre
e
t
C
C
C
D
A
15Collegetown Area Form DistrictsJune 4, 2014
DRAFT
PRINCIPAL BUILDING
A Height (stories/feet), max 3/35’
B Height (stories/feet), min 2/20’
Habitable space in the 3rd story must be fully
contained within the pitched roof. See §325-
45.2B(11)
ACCESSORY STRUCTURE
C Height, (stories/feet), max 2/20’
FLOOR HEIGHT (PRINCIPAL BUILDING)
D Street-level (floor to floor), min 9’
E 2nd story (floor to floor), min 9’
ROOF
F Pitched roof Required
Shed roof not allowed as primary roof
G Pitch of principal gable, min/max 6:12/12:12
STREET FACADE
A Facade length, max 45’
B Length of blank wall, max 8’
DOORS AND ENTRIES
C Functioning entry on the street-facing
facade, min
1
For corner lots, one functioning entry is required on
a street-facing facade
PORCH
D Front porch Required
HEIGHT ACTIVATION
Street
Stre
e
t
C
A
G
D
E
B
F
Street
Stre
e
t
C
D
A
B
(3) Collegetown Residential 3 (CR-3)
16 Collegetown Area Form Districts June 4, 2014
DRAFT
This Page Left Intentionally Blank
17Collegetown Area Form DistrictsJune 4, 2014
DRAFT
OAK AVE
DRYDEN RD
EDDY ST
I
T
H
A
C
A
R
D
HOY RD
COLLEGE AVE
ELMWOOD AVE
CORNELL ST
LINDEN AVE
B
R
YA
N
T A
V
E
MITCHELL ST
BLAIR ST
DE
LAWARE
AV
E
COOK ST
I R V I N G P L
WORTH ST
E STATE ST / M.L.K. JR ST
RIDGEDALE RD
FAIRMOUNT AVE
CATHERINE ST
O X F O R D P L
HARVARD PL
B
R
A
N
D
O
N P
L
BOOL ST
S QUARRY ST
SUMMIT AVE
H O L L I S T E R D R
E SENECA ST
MAPLE AVE
WILLIAMS ST
MILLER ST
FROSH ALLEY
E BUFFALO ST
ONEIDA PL
C A S C A D I L L A P L
ORCHARD PL
DRYDEN CT
MITCHELL ST
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
CR-4
F. Collegetown Residential 4 (CR-4)
PURPOSE & INTENT
The Collegetown Residential 4 district primarily
contains multi-family dwelling units, and while
single-family and two-family residential uses
are permitted, it is expected that multi-family
residential will remain the predominant use. The
intent is this will be a medium-density residential
district, consistent with the vision outlined in the
2009 Collegetown Urban Plan & Conceptual
Design Guidelines to concentrate additional de-
velopment in the central areas of Collegetown.
This district serves as an essential bridge, both in
density and built form, between the Collegetown
Residential 1-3 and Mixed Use districts. Rede-
velopment is encouraged, but it is essential that
new construction meet the district requirements
to ensure a consistent transition between the
higher-density and lower-density zoning districts.
District regulations permit buildings of up to
4 stories and 45 feet in height; a building must
meet both requirements. Maximum lot coverage
by buildings is greater than in the Collegetown
Residential Districts 1-3 but not as high as al-
lowed in the Mixed Use Districts. In terms of
form, the district requirements provide prop-
erty owners with choices between architectural
features intended to create buildings compatible
with those in adjacent zoning districts.
Viewpoint of intent illustration above
18 Collegetown Area Form Districts June 4, 2014
DRAFT
(1) Collegetown Residential 4 (CR-4)
LOT SIZE
A Area, min
1. One-family or two-family dwelling 3,000 sf
2. Multiple dwelling and other uses 3,500 sf
B Width at street line, min
1. One-family or two-family dwelling 30’
2. Multiple dwelling and other uses 40’
LOT COVERAGE
C Lot coverage by buildings, max 50%
D Green space, min 25%
MIN OFF-STREET PARKING
Buildings that fully comply with the New York State
Building Code or Residential Code for new construction:
None, provided a transportation demand manage-
ment plan is accepted by the Planning and Develop-
ment Board during site plan review
All other structures:
1.Residence
a. Up to 3 bed or sleeping rooms per
dwlg. unit
1 space
b. 4 and 5 bed or sleeping rooms per
dwlg. unit
2 spaces
c. Each add’l bed or sleeping room per
dwlg. unit
1 space
2. Home occupation 1 space
3. Other uses See §325-
20D(3)(b)
PRINCIPAL BUILDING
A Front setback, min 10’
B Side setback, min
1. Row house 0’
2. All other structures 5’
C Rear setback (whichever is less), min 20’ or 20%
of lot depth
Spacing between primary structures on
same parcel, min 5’
ACCESSORY STRUCTURE
Side setback, min 3’
Rear setback, min 3’
Square footage of footprint per unit,
max 500 sf
PARKING LOCATION
D Garage setback from front facade, min 20’
E Parking setback at front
facade
Internal or underground parking must be wrapped
by residential on street-facing facades (except for
entries/exits) and may not be visible from a public
street.
LOT CRITERIA SITING
Street
Stre
e
t
E
D
A
A
B
C
Street
Stree
t
C D
B
A
19Collegetown Area Form DistrictsJune 4, 2014
DRAFT
PRINCIPAL BUILDING
A Height (stories/feet), max 4/45’
B Height (stories/feet), min 2/20’
ACCESSORY STRUCTURE
Height, (stories/feet), max 2/20’
FLOOR HEIGHT (PRINCIPAL BUILDING)
C Street-level (floor to floor), min 9’
D Upper-story (floor to floor), min 9’
ROOF
E Pitched or flat roof Allowed
STREET FACADE
A Facade length, max
1. Row house 100’
2. All other structures 45’
B Length of blank wall, max 8’
DOORS AND ENTRIES
C Functioning entry on the street-facing
facade, min
1
For corner lots, one functioning entry is required on
a street-facing facade
PORCH, STOOP OR RECESSED
ENTRY
D Front porch, stoop or recessed entry required for
each functional entry
HEIGHT ACTIVATION
Street
Stre
e
t
B
A
C
D
E
Street
Stre
e
t
C
A
D
B
(1) Collegetown Residential 4 (CR-4)
20 Collegetown Area Form Districts June 4, 2014
DRAFT
This Page Left Intentionally Blank
21Collegetown Area Form DistrictsJune 4, 2014
DRAFT
OAK AVE
DRYDEN RD
EDDY ST
I
T
H
A
C
A
R
D
HOY RD
COLLEGE AVE
ELMWOOD AVE
CORNELL ST
LINDEN AVE
B
R
Y
A
N
T AV
E
MITCHELL ST
BLAIR ST
DEL
AWARE
AVE
COOK ST
I R V I N G P L
WORTH ST
E STATE ST / M.L.K. JR ST
RIDGEDALE RD
FAIRMOUNT AVE
CATHERINE ST
O X F O R D P L
HARVARD PL
B
R
A
N
D
O
N P
L
BOOL ST
S QUARRY ST
SUMMIT AVE
H O L L I S T E R D R
E SENECA ST
MAPLE AVE
WILLIAMS ST
MILLER ST
FROSH ALLEY
E BUFFALO ST
ONEIDA PL
C A S C A D I L L A P L
ORCHARD PL
DRYDEN CT
MITCHELL ST
MU-1MU-1
MU-2
MU-2
MU-2
MU-2
G. Mixed Use (MU-1, MU-2)
PURPOSE & INTENT
The Mixed Use districts accommodate retail,
office, service, hotel, and residential uses, and in
most cases, multiple uses will be combined within
the same building. The purpose is to create a dy-
namic urban environment in which uses reinforce
each other and promote an attractive, walkable
neighborhood.
Located in central Collegetown, the Mixed Use
districts allow the highest density within the Col-
legetown Area Form Districts. Redevelopment is
anticipated and encouraged (with the exception
of designated local landmarks), and the intent is
to concentrate the majority of additional develop-
ment within these districts.
The Mixed Use district regulations have been
designed to encourage exceptional urban design
and high-quality construction. The Mixed Use
1 district permits buildings of up to 5 stories and
70 feet in height while the Mixed Use 2 district
allows buildings of up to 6 stories and 80 feet in
height. A building cannot exceed either require-
ment. While it may be feasible to design a build-
ing with a greater number of stories within the
maximum allowed height in feet, the intent of the
district regulations is to meet both requirements.
The additional building height in feet has been
allowed for the purpose of providing adequate
space for mechanicals and accommodating high-
quality design features and finishes.
An objective of both Mixed Use districts is to create an urban form
that gives priority to pedestrians and encourages year-round com-
mercial activity at the street level. Required form elements, such
as a maximum distance between entries and a maximum length of
blank wall, activate the street-level of buildings to engage pedestri-
ans through this highly-traveled section of Collegetown. In addi-
tion, front setback requirements have been incorporated to ensure
adequate space to provide wider sidewalks, and a safer pedestrian
environment. A required 10 foot chamfer or additional setback at
corner lots within the Mixed Use 2 district will allow greater vis-
ibility and natural light at busy intersections.
Viewpoint of intent illustration above
22 Collegetown Area Form Districts June 4, 2014
DRAFT
(1) Mixed Use 1 (MU-1)
LOT SIZE
A Area, min
1. One-family or two-family dwelling 3,000 sf
2. Multiple dwelling and other uses 3,500 sf
B Width at street line, min
1. One-family or two-family dwelling 30’
2. Multiple dwelling and other uses 40’
LOT COVERAGE
C Lot coverage by buildings, max 70%
D Green space, min 10%
MIN OFF-STREET PARKING
None
PRINCIPAL BUILDING
A Front setback, min 5’
B Side setback, min 5’
1. Row house 0’
2. All other structures 5’
C Rear setback, min 10’
Spacing between primary structures
on same parcel, min 5’
ACCESSORY STRUCTURE
Side setback, min 0’
Rear setback, min 0’
Square footage of footprint per unit,
max 500 sf
PARKING LOCATION
D Parking setback, from front facade,
min 30’
Internal or underground parking must be wrapped
by residential on street-facing facades (except for
entries/exits) and may not be visible from a public
street.
LOT CRITERIA SITING
Street
Stree
t
C
A
A
B
D
Street
Stre
e
t
C
D
B
A
23Collegetown Area Form DistrictsJune 4, 2014
DRAFT
PRINCIPAL BUILDING
A Height (stories/feet), max 5/70’
B Height (stories/feet), min 3/30’
ACCESSORY STRUCTURE
Height, (stories/feet), max 2/20’
FLOOR HEIGHT (PRINCIPAL BUILDING)
C Street-level (floor to floor), min
1. Residential 10’
2. Commercial 12’
D Upper-story (floor to floor), min 10’
ROOF
E Pitched or flat roof Allowed
STREET FACADE
A Facade length, max
1. Row house 150’
2. All other structures 75’
B Length of blank wall, max 12’
DOORS AND ENTRIES
C Distance between functioning street-
facing entries, max 35’
Commercial entries must be functioning and usable
during business hours.
RECESSED ENTRY
D Recessed entry required for each functional entry
HEIGHT ACTIVATION
Street
Stre
e
t
B A
C
D
E
Street
Stre
e
t
B
A
D
C
(1) Mixed Use 1 (MU-1)
24 Collegetown Area Form Districts June 4, 2014
DRAFT
(2) Mixed Use 2 (MU-2)
LOT SIZE
A Area, min 2,500 sf
B Width at street line, min 25’
LOT COVERAGE
C Lot coverage by buildings, max 100%, except as
required for rear yard
D Green space, min 0%
MIN OFF-STREET PARKING
None
PRINCIPAL BUILDING*
A Front setback, min/max 0’/2’
B Side setback, min 0’
C Rear setback, min 10’
ACCESSORY STRUCTURE
Side setback, min 0’
Rear setback, min 0’
Square footage of footprint per unit,
max 500 sf
PARKING
D Parking setback, from front facade,
min 30’
Internal or underground parking must be wrapped
by residential on street-facing facades (except for
entries/exits) and may not be visible from a public
street.
* See §325-45.2G(3) Siting Exceptions
LOT CRITERIA SITING*
Street
Stre
e
t
C
B
A
Street
Stre
e
t
CD
A
A
B
25Collegetown Area Form DistrictsJune 4, 2014
DRAFT
PRINCIPAL BUILDING
A Height (stories/feet), max 6/80’
B Height (stories/feet), min 4/45’
ACCESSORY STRUCTURE
Height, (stories/feet), max 2/20’
FLOOR HEIGHT
C Street-level (floor to floor), min 12’
D Upper-story (floor to floor), min 10’
ROOF
E Flat roof Required
STREET FACADE
A Glazing, street-level story facade, min 65%
B Length of blank wall, max 12’
DOORS AND ENTRIES
C Distance between functioning street-
facing entries, max 60’
Commercial entries must be functioning and usable
during business hours.
HEIGHT ACTIVATION
Street
Stree
tBA
C
D E
Street
Stre
e
t
C B
A
D
(2) Mixed Use 2 (MU-2)
26 Collegetown Area Form Districts June 4, 2014
DRAFT
(3) Siting Exceptions
The siting requirements for the MU-2 district are subject to the following exceptions:
(a) In order to accommodate wider sidewalks and create a more pedestrian-friendly environment, a setback of
a minimum of 5 feet and a maximum of 7 feet from the property line that abuts Dryden Road is required
for all properties on the south side of the 100 and 200 blocks of Dryden Road as designated on the map
below.
EDDY ST
DRYDEN RD
COLLE
GE AVE
OAK AVE
LINDEN AVE
COOK ST
B
RYAN
T AV
E
CATHERINE S T
D
E
L
AWA
R
E
AV
E
SUMMIT AVE
HOLLISTER DR
C A S C A D I L L A P L
H A R VA R D P L
DRYDEN CT
BLAIR ST
MU-2
MU-2
MU-2
MU-2
(b) Buildings at all corner lots within the MU-2 district shall be chamfered at least 10 feet from the corner or
setback a minimum of 5 feet from both street frontages. If chamferred, the chamfer shall extend from the
ground to the top of the building, except for any stories that are stepped back beyond that dimension.
(c) All street-facing facades on corner lots shall be considered front facades.
27Collegetown Area Form DistrictsJune 4, 2014
DRAFT
325-45.3 Allowed Uses
A. Use Table
District Permitted Primary Use Permitted Accessory Use
CR-1 1. One-family detached dwelling occupied
by:
a. An individual or family or func-
tional family (see §325-3) plus not more
than one unrelated occupant, or
b. If dwelling is owner occupied, an
individual or family plus not more than
two unrelated occupants
2. Church and related buildings
3. Public park or playground
4. Library or fire station
By Special Permit of Board of Zoning Ap-
peals (§325-9):
5. Cemetery and related buildings
6. Public utility structure except office
7. Schools (all) and related buildings
1. Required off-street parking
2. Private garage for not more than 3 cars
3. Structures for construction purposes, not to remain
over 2 years
4. Sign in connection with permitted use (see Sign
Ordinance, Ch. 272 City Municipal Code)
5. By Special Permit: Towers or structures for receipt
or transmission of electronic signals for commercial
purposes or for generation of electricity to be used
on the premises where generated in any district
(see §325-9). Except for personal wireless services
facilities.
6. By Special Permit: An accessory apartment (see
§325-10). Permit required in all use districts.
7. Adult day care home
8. Home occupations: Special Permits required in
certain situations (see §325-9C{i}).
CR-2 1. One-family detached or semi-detached
dwelling occupied by an individual or
family or functional family plus not
more than two unrelated occupants
2. Two-family dwelling, each unit of which
may be occupied by an individual or
family plus not more than two unrelated
occupants.
3. Church and related buildings
4. Library or fire station
5. Public park or playground
By Special Permit of Board of Zoning Ap-
peals:
6. Bed and breakfast home
7. Cemetery and related buildings
8. Neighborhood commercial facility (see
§325-3)
9. Nursery school, child day care center,
group adult day care facility
10. Public utility structure except office
11. Schools (all) and related buildings
1. Required off-street parking
2. Private garage for not more than 3 cars
3. Structures for construction purposes, not to remain
over two years
4. Sign in connection with permitted use (see Sign
Ordinance, Ch. 272 City Municipal Code)
5. By Special Permit: Towers or structures for receipt
or transmission of electronic signals for commercial
purposes or for generation of electricity to be used
on the premises where generated in any district
(see §325-9). Except for personal wireless services
facilities.
6. By Special Permit: An accessory apartment (see
§325-10). Permit required in all use districts.
7. Adult day care home
8. Home occupations: Special Permits required in
certain situations (see §325-9C{i}).
28 Collegetown Area Form Districts June 4, 2014
DRAFT
District Permitted Primary Use Permitted Accessory Use
CR-3 1. One-family detached, semi-detached,
or attached dwelling or two-family
dwelling
2. Cooperative household (see §325-3)
3. Multiple dwelling (see §325-3)
4. Rooming or boarding house
5. Row house, townhouse or garden
apartment housing
6. Church and related buildings
7. Library or fire station
8. Nursery school, child day care center,
group adult day care
9. Nursing, convalescent or rest home
10. Public park or playground
By Special Permit of Board of Zoning Ap-
peals:
11. Bed and Breakfast Home and Inns
12. Cemetery and related buildings
13. Hospital or sanatorium
14. Neighborhood commercial facility (see
§325-3)
15. Public utility structure except office
16. Schools (all) and related buildings
1. Required off-street parking
2. Private garage for not more than 4 cars
3. Structures for construction purposes, not to remain
over two years
4. Sign in connection with permitted use (see Sign
Ordinance, Ch. 272 City Municipal Code)
5. By Special Permit: Towers or structures for receipt
or transmission of electronic signals for commercial
purposes or for generation of electricity to be used
on the premises where generated in any district
(see §325-9). Except for personal wireless services
facilities.
6. By Special Permit: An accessory apartment (see
§325-10). Permit required in all use districts.
7. Adult day care home
8. Home occupations: Special Permits required in
certain situations (see §325-9C{i}).
9. Neighborhood parking area subject to regulations of
§325-20(B)
CR-4
1. One-family detached, semi-detached,
or attached dwelling or two-family
dwelling
2. Cooperative household (see §325-3)
3. Multiple dwelling (see §325-3)
4. Rooming or boarding house
5. Row house, townhouse or garden
apartment housing
6. Church and related buildings
7. Library or fire station
8. Nursery school, child day care center,
group adult day care
9. Nursing, convalescent or rest home
10. Public park or playground
By Special Permit of Board of Zoning Ap-
peals:
11. Bed and Breakfast Home and Inns
12. Cemetery and related buildings
13. Hospital or sanatorium
14. Neighborhood commercial facility (see
§325-3)
15. Public utility structure except office
16. Schools (all) and related buildings
1. Required off-street parking
2. Private garage for not more than 4 cars
3. Structures for construction purposes, not to remain
over two years
4. Sign in connection with permitted use (see Sign
Ordinance, Ch. 272 City Municipal Code)
5. By Special Permit: Towers or structures for receipt
or transmission of electronic signals for commercial
purposes or for generation of electricity to be used
on the premises where generated in any district
(see §325-9). Except for personal wireless services
facilities.
6. By Special Permit: An accessory apartment (see
§325-10). Permit required in all use districts.
7. Adult day care home
8. Home occupations: Special Permits required in
certain situations (see §325-9C{i}).
9. Neighborhood parking area subject to regulations of
§325-20(B)
29Collegetown Area Form DistrictsJune 4, 2014
DRAFT
District Permitted Primary Use Permitted Accessory Use
MU-1
1. One-family detached, semi-detached,
or attached dwelling or two-family
dwelling
2. Bed and breakfast homes
3. Cooperative household (see §325-3)
4. Multiple dwelling (see §325-3)
5. Rooming or boarding house
6. Row house, townhouse or garden
apartment housing
7. Cemetery and related buildings
8. Church and related buildings
9. Library or fire station
10. Nursery school, child day care center,
group adult day care
11. Nursing, convalescent or rest home
12. Public utility structure except office
13. Public park or playground
14. Schools (all) and related buildings
15. Business or professional office
16. Bank or monetary institution
17. Club, lodge, or private social center
18. Confectionery, millinery, dressmaking
and other activities involving light hand
fabrication as well as sales
19. Funeral home or mortuary
20. Hospital or sanatorium
21. Hotel
22. Inn
23. Neighborhood commercial facility (see
§325-3)
24. Office of government
25. Public, private, or parochial school
26. Retail store or service commercial
facility
27. Restaurant, fast food establishment,
tavern
28. Theater, bowling alley, auditorium or
other similar place of public assembly
1. Required off-street parking
2. Private garage for not more than 4 cars
3. Structures for construction purposes, not to remain
over two years
4. Sign in connection with permitted use (see Sign
Ordinance, Ch. 272 City Municipal Code)
5. By Special Permit: Towers or structures for receipt
or transmission of electronic signals for commercial
purposes or for generation of electricity to be used
on the premises where generated in any district
(see §325-9). Except for personal wireless services
facilities.
6. By Special Permit: An accessory apartment (see
§325-10). Permit required in all use districts.
7. Adult day care home
8. Home occupations: Special Permits required in
certain situations (see §325-9C{i}).
9. Neighborhood parking area subject to regulations of
§325-20(B)
30 Collegetown Area Form Districts June 4, 2014
DRAFT
District Permitted Primary Use Permitted Accessory Use
MU-2
1. One-family detached, semi-detached,
or attached dwelling or two-family
dwelling
2. Bed and breakfast home
3. Cooperative household (see §325-3)
4. Multiple dwelling (see §325-3)
5. Rooming or boarding house
6. Row house, townhouse or garden
apartment housing
7. Cemetery and related buildings
8. Church and related buildings
9. Library or fire station
10. Nursery school, child day care center,
group adult day care
11. Nursing, convalescent or rest home
12. Public utility structure except office
13. Public park or playground
14. Schools (all) and related buildings
15. Business or professional office
16. Bank or monetary institution
17. Club, lodge, or private social center
18. Confectionery, millinery, dressmaking
and other activities involving light hand
fabrication as well as sales
19. Funeral home or mortuary
20. Hospital or sanatorium
21. Hotel
22. Inn
23. Neighborhood commercial facility (see
§325-3)
24. Office of government
25. Parking garage
26. Public, private, or parochial school
27. Retail store or service commercial
facility
28. Restaurant, fast food establishment,
tavern
29. Theater, bowling alley, auditorium or
other similar place of public assembly
1. Required off-street parking
2. Private garage for not more than 4 cars
3. Structures for construction purposes, not to remain
over two years
4. Sign in connection with permitted use (see Sign
Ordinance, Ch. 272 City Municipal Code)
5. By Special Permit: Towers or structures for receipt
or transmission of electronic signals for commercial
purposes or for generation of electricity to be used
on the premises where generated in any district
(see §325-9). Except for personal wireless services
facilities.
6. By Special Permit: An accessory apartment (see
§325-10). Permit required in all use districts.
7. Adult day care home
8. Home occupations: Special Permits required in
certain situations (see §325-9C{i}).
9. Neighborhood parking area subject to regulations of
§325-20(B)
10. Employee, customer, or public parking areas (see
§325-20)
31Collegetown Area Form DistrictsJune 4, 2014
DRAFT
B. Street-Level Active Uses Required
(1) Within the MU-2 district, active uses are required on the entire street-level of all buildings fronting on those
portions of College Avenue, Dryden Road, and Eddy Street designated on the map below.
(2) Active street-level uses are one of the keys to vitality of the Collegetown core area. Active uses are defined as:
(a) Retail store or service commercial facility
(b) Restaurant, fast food establishment, or tavern
(c) Theater, bowling alley, auditorium or other similar places of public assembly
(d) Hotel
(e) Library or fire station
(f) Public park or playground
(g) Bank or monetary institution
EDDY ST
DRYDEN RD
COLLEGE AVE
OAK AVE
LINDEN AVE
COOK ST
BRYANT AVE
CATHERINE ST
SUMMIT AVE
DELAWARE AVE
E SENECA ST
WILLIAMS ST
HI
GHLAND
PL
E BUFFALO ST
CASCADIL LA PL
H A R VA R D P L
DRYDEN CT
MU-2
MU-2
MU-2
MU-2
Street-level active uses required in areas shown in solid red.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING & ECONOMIC DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
To: Planning and Economic Development Committee
FROM: Jennifer Kusznir, Economic Development Planner
DATE: June 3, 2014
RE: Proposed Planned Unit Development Floating Zoning District
The purpose of this memo is to provide information regarding a proposal to create a Planned
Unit Development (PUD) floating zoning district. Enclosed for your consideration is a draft
ordinance that would allow for the Common Council to establish a PUD within industrial zoned
parcels located in the City of Ithaca.
The PUD is a tool intended to be used to encourage mixed-use or unique single use projects that
require more creative and imaginative design of land development than is possible under
industrial zoning district regulations. A PUD allows for flexibility in planning and design, while
through the process of review and discussion, ensures efficient investment in public
improvements, a more suitable environment, and protection of community interest. A PUD
should be used only when long-term community benefits will be achieved through high quality
development, including, but not limited to, reduced traffic demands, greater quality and quantity
of public and/or private open space, community recreational amenities, needed housing types
and/or mix, innovative designs; and for the protection and/or preservation of natural resources.
A property owner or developer wishing to have their project considered for a PUD will have to
complete an application and work with staff, Common Council, and the Planning Board to be
considered. The enactment and establishment of such a zone 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 zone. In reaching its decision on whether to rezone a
PUD the Common Council will consider an application for any PUD on the following criteria,
among others:
Does the project further the health and welfare of the community
Is the project in accordance with the City Comprehensive Plan
Does the project create at least one long term community benefit
Is the property located in an area of the City that is currently zoned
industrial
All development restrictions, including, but not limited to, yard size, height restriction, building
coverage, and lot size, shall be as set forth in the legislation rezoning the area to a PUD
established by the Common Council. In addition, the Common Council may impose any
conditions or limitations that are determined to be necessary or desirable to ensure that the
development conforms with the City Comprehensive Plan, including limiting the permitted uses,
location and size of buildings and structures, providing for open space and recreational areas,
requiring acoustical or visual screening, construction sequencing, and requiring bonds or other
assurances of completion of any infrastructure to be built as part of the development.
An application form with suggested guidelines and community benefits is enclosed. An
environmental review of this action has been completed and the draft full environmental review
form is enclosed, along with the draft ordinance. This concept was circulated and the comments
that were received from the County are enclosed. Also enclosed for your consideration is a draft
resolution for declaration of lead agency and a resolution for a negative declaration of
environmental significance.
If you have any questions, please feel free to contact me at 274-6410.
j:\groups\planning and econ dev committee\2014 planning and economic development committee\06 june\5c2 -
2014-pudlead agency.06-05.doc
Draft Resolution
6/5/14
An Ordinance Amending The Municipal Code Of The City Of Ithaca,
Chapter 325, Entitled “Zoning,” in order to establish the Planned
Unit Development (PUD) District– Declaration of Lead Agency
WHEREAS, State Law and Section 176-6 of the City Code require
that a lead agency be established for conducting environmental
review of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that, for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed zoning amendment is an “Unlisted” Action
pursuant to the City Environmental Quality Review (CEQR)
Ordinance, which requires environmental review under CEQR; now,
therefore, be it
RESOLVED, that the Common Council of the City of Ithaca does
hereby declare itself lead agency for the environmental review of
the proposed amendments to Chapter 325, Entitled “Zoning,” in
order to create a floating Planned Unit Development overlay
district that may be established by the Common Council in any
industrially zoned parcel located within the City.
Draft Resolution
6/5/14
An Ordinance Amending The Municipal Code Of The City Of
Ithaca, Chapter 325, Entitled “Zoning,” in order to
establish the Planned Unit Development (PUD) District –
Declaration of Environmental Significance
1. WHEREAS, The Common Council is considering a proposal
to create a floating Planned Unit Development overlay
district that may be established by the Common Council
in any industrially zoned parcel located within the
City, and
2. WHEREAS, the appropriate environmental review has been
conducted, including the preparation of a Full
Environmental Assessment Form (FEAF), dated June 3,
2014
3. WHEREAS, the proposed action is an “unlisted” Action
under the City Environmental Quality Review Ordinance,
and
4. WHEREAS, the Common Council of the City of Ithaca,
acting as lead agency, has reviewed the FEAF prepared
by planning staff; now, therefore, be it
1. RESOLVED, That this Common Council, as lead agency in
this matter, hereby adopts as its own the findings and
conclusions more fully set forth on the Full
Environmental Assessment Form, dated May 6, 2014, and
be it further
2. RESOLVED, That this Common Council, as lead agency in
this matter, hereby determines that the proposed
action at issue will not have a significant effect on
the environment, and that further environmental review
is unnecessary, and be it further
3. RESOLVED, That this resolution constitutes notice of
this negative declaration and that the City Clerk is
hereby directed to file a copy of the same, together
with any attachments, in the City Clerk’s Office, and
forward the same to any other parties as required by
law.
j:\groups\planning and econ dev committee\2014 planning and economic development committee\06
june\5c3 - 2014-pud-negdec.06-05.doc
j:\groups\planning and econ dev committee\2014 planning and economic development committee\06
june\5c3 - 2014-pud-negdec.06-05.doc
CITY OF ITHACA CITY OF ITHACA
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
Purpose: The Full Environmental Assessment Form (FEAF) is designed to help applicants and agencies determine, in an orderly
manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to
answer. Frequently there are aspects of a proposed action that are subjective or immeasurable. It is also understood that those who
determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns
affecting the question of significance.
Purpose: The Full Environmental Assessment Form (FEAF) is designed to help applicants and agencies determine, in an orderly
manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to
answer. Frequently there are aspects of a proposed action that are subjective or immeasurable. It is also understood that those who
determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns
affecting the question of significance.
The FEAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been
orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.
The FEAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been
orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.
FEAF Components: FEAF Components:
Part 1: Provide objective data and information about a given action and its site. By identifying basic project data, it assists in
a review of the analysis that takes place in Parts 2 and 3.
Part 2: Focus on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to
whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form
also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is
actually important.
THIS AREA IS FOR LEAD AGENCY USE ONLY
DETERMINATION OF SIGNIFICANCE—TYPE I AND UNLISTED ACTIONS
Identify the Portions of FEAF completed for this action: Part 1 Part 2 Part 3
Upon review of the information recorded on this FEAF (Parts, 2, and 3, if appropriate), and any other supporting information, and
considering both the magnitude and importance of each impact, it is reasonably determined by the Lead Agency that:
A. The Proposed Action will not result in any large and important impact(s) an is one that will not have a significant impact
on the environment; therefore, A NEGATIVE DECLARATION WILL BE PREPARED.
B. Although the proposed action could have a significant impact on the environment, there will not be a significant effect
for this Unlisted Action because the mitigation measures described in PART 3 have been required; therefore, A
CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. *
C. The proposed action may result in one or more large and important impacts that may have a significant impact on the
environment; therefore, A POSITIVE DECLARATION WILL BE PREPARED.
*A Conditioned Negative Declaration is only valid for Unlisted Actions
Name of Action: Proposal to Create Planned Unit Development (PUD) Floating Zone District
Name of Lead Agency: City of Ithaca
Name & Title of Responsible Officer in Lead Agency: Mayor Svante Myrick
Signature of Responsible Officer in Lead Agency:
Name & Title of Preparer: Jennifer Kusznir, Economic Development Planner
Signature of Preparer:
Date: June 3, 2014
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
PART 1—PROJECT INFORMATION
NOTICE: This document is designed to assist in determining whether the action proposed may have a
significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these
questions will be considered as part of the application for approval and may be subject to further verification
and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3.
It is expected that completion of the Full Environmental Assessment Form (FEAF) will be dependent on
information currently available and will not involve new studies, research or investigation. If information
requiring such additional work is unavailable, so indicate and specify each instance.
Name of Action: Proposal to Create Planned Unit Development (PUD) Floating Zone District
Location of Action: City of Ithaca
Name of Applicant/Sponsor: City of Ithaca
Address: 108 E. Green St. (City Hall)
City/Town/Village: Ithaca State: NY ZIP: 14850
Business Phone: 607-274-6550
Name of Owner(if different): n/a
Address: n/a
City/Town/Village: n/a State: n/a ZIP: n/a
Business Phone: n/a
Description of Action:
Proposal to Create Planned Unit Development (PUD) Floating Zone District
A PUD is a floating overlay zone, which may be placed within industrial zoned parcels located
within the City boundaries, anywhere deemed appropriate by Common Council. The purpose of
the PUD is to encourage and allow more creative and imaginative design of land development than
is possible under standard zoning district regulations. A PUD allows for flexibility in planning and
design, while, through the process of review, discussion, and law change, ensures efficient
investment in public improvements, a more suitable environment, and protection of community
interest.
Page 2
Please Complete Each Question (indicate N/A, if not applicable):
A. SITE DESCRIPTION
Physical setting of overall project, both developed and undeveloped areas.
1. Present Land Use: X Urban Industrial Commercial Public Forest
Agricultural Other:
2. Total area of project area: (Chosen units apply to following section also)
Approximate Area (Units in question 2 apply to this section) Currently After Completion
2a. Meadow or Brushland (non-agricultural)
2b. Forested
2c. Agricultural
2d. Wetland [as per Articles 24 of Environmental Conservation Law (ECL)]
2e. Water Surface Area
2f. Public
2g. Water Surface Area
2h. Unvegetated (rock, earth or fill)
2i. Roads, buildings and other paved surfaces ~105 acres. ~105 acres
2j. Other (indicate type)
3a. What is predominant soil type(s) on project site (e.g. HdB, silty loam, etc.): n/a
3b. Soil Drainage: n/a Well-Drained ______% of Site
Moderately Well Drained ______% of Site
Poorly Drained ______% of Site
4a. Are there bedrock outcroppings on project site? Yes X No N/A
4b. What is depth of bedrock? n/a (feet)
4c. What is depth to the water table? n/a (feet)
5. Approximate percentage of proposed project site
with slopes: n/a
0-10% % 10-15% %
15% or greater %
6a. Is project substantially contiguous to, or does it
contain a building, site or district, listed on or
eligible for the National or State Register of
Historic Places?
Yes No X N/A
6b. Or designated a local landmark or in a local
landmark district?
Yes No X N/A
7. Do hunting or fishing opportunities presently
exist in the project area? Yes X No N/A If yes, identify each species:
Page 3
SITE DESCRIPTION (concluded)
8. Does project site contain any species of plant or
animal life that is identified as threatened or
endangered?
Yes X No N/A
According to:
Identify each Species:
9. Are there any unique or unusual landforms on the
project site? (i.e., cliffs, other geological
formations)
Yes X No N/A
Describe:
10. Is the project site presently used by the
community or neighborhood as an open space or
recreation area?
Yes X No N/A
If yes, explain:
11. Does the present site offer or include scenic views
known to be important to the community? Yes X No N/A
Describe:
12. Is project within or contiguous to a site
designated a Unique Natural Area (UNA) or
critical environmental area by a local or state
agency?
Yes X No N/A
Describe:
13. Streams within or contiguous to project area: a. Names of stream or name of river to which it is a
tributary: N/A
14. Lakes, ponds, wetland areas within or contiguous
to project area: n/a
a. Name:
b. Size (in acres):
15. Has the site been used for land disposal of solid
or hazardous wastes? Yes X No N/A
Describe:
16. Is the site served by existing public utilities?
a. If Yes, does sufficient capacity exist to allow
connection?
b. If Yes, will improvements be necessary to
allow connection?
Yes No X N/A
Yes No X N/A
Yes No X N/A
B. PROJECT DESCRIPTION
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
1a. Total contiguous area owned by project sponsor in acres: N/A
1b. Project acreage developed: ~105 acres initially ~105 acres. ultimately
1c. Project acreage to remain undeveloped: N/A
1d. Length of project in miles: (if appropriate) N/A or feet: N/A
1e. If project is an expansion, indicate percent of change proposed: N/A
1f. Number of off-street parking spaces existing: N/A proposed: N/A
1g.Maximum vehicular trips generated (upon completion of project) per day: N/A and per hour: N/A
Page 4
1h. Height of tallest proposed structure: feet. N/A
1j. Linear feet of frontage along a public street or thoroughfare that the project will occupy? N/A
2. Specify what type of natural material (i.e. rock, earth, etc.) and how much will be removed from the site:
N/A or added to the site: N/A
3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site:
acres: N/A type of vegetation: N/A
4. Will any mature trees or other locally important vegetation be removed by this project? N/A
5. Are there any plans for re-vegetation to replace that removed during construction? N/A
6. If single phase project, anticipated period of construction N/Amonths, (including demolition)
7. If multi-phased project, anticipated period of construction N/A months, (including demolition)
7a. Total number of phases anticipated: N/A
7b. Anticipated date of commencement for first phase N/A month N/A year (including demolition)
7c. Approximate completion date of final phase N/A month N/A year.
7d. Is phase one financially dependent on subsequent phases? Yes No X N/A
8. Will blasting occur during construction? Yes No X N/A; if yes, explain:
9. Number of jobs generated: during construction 0 after project is completed 0
10. Number of jobs eliminated by this project: 0 Explain:
11. Will project require relocation of any projects or facilities? Yes X No N/A; if yes, explain:
12a. Is surface or subsurface liquid waste disposal involved? Yes X No N/A; if yes, explain:
12b. If #12a is yes, indicate type of waste (sewage, industrial, etc): N/A
12c. If surface disposal, where specifically will effluent be discharged? N/A
13. Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased
by proposal? Yes X No N/A; if yes, explain:
14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100 year flood
plain? Yes No X N/A
14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet
Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, Silver Creek? (Circle all that apply.) N/A
14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as
described in Article 24 Of the ECL? Yes X No N/A;
14d. If #14a, b or c is yes, explain: N/A
15a. Does project involve disposal or solid waste? Yes X No N/A
15b. If #15a is yes, will an existing solid waste disposal facility be used? Yes No X N/A
15c. If #15b is yes, give name of disposal facility: N/A and its location:
15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill?
Yes No X N/A; if yes, explain:
Page 5
15e. Will any solid waste be disposed of on site? Yes No X N/A; if yes, explain:
16. Will project use herbicides or pesticides? Yes No X N/A; if yes, specify:
17. Will project affect a building or site listed on or eligible for the National or State Register of Historic
Places or a local landmark or in a landmark district? Yes No X N/A; if yes, explain:
18. Will project produce odors? Yes No X N/A; if yes, explain:
19. Will project product operating noise exceed the local ambient noise level during construction?
Yes No X N/A; After construction? Yes No X N/A
20. Will project result in an increase of energy use? Yes No X N/A; if yes, indicate type(s) N/A
21. Total anticipated water usage per day: gals/day. N/A Source of water N/A
C. ZONING & PLANNING INFORMATION
1. Does the proposed action involve a planning or zoning decision? X Yes No N/A; if yes, indicate
the decision required:
X Zoning Amendment Zoning Variance New/Revision of Master Plan Subdivision
Site Plan Special Use Permit Resource Management Plan Other:
2. What is the current zoning classification of site? I-1
3. If the site is developed as permitted by the present zoning, what is the maximum potential development?
N/A
4. Is proposed use consistent with present zoning? Yes No X N/A
5. If #4 is no, indicate desired zoning: N/A
6. If the site is developed by the proposed zoning, what is the maximum potential development of the site?
N/A
7. Is the proposed action consistent with the recommended uses in adopted local land-use plans?
X Yes No N/A; If no, explain:
8. What is the dominant land use and zoning classification within a ¼ mile radius of the project?
N/A
9. Is the proposed action compatible with adjacent land uses? X Yes No N/A Explain:
10a. If the proposed action is the subdivision of land, how many lots are proposed? N/A
10b. What is the minimum lot size proposed? N/A
Page 6
Page 7
11. Will the proposed action create a demand for any community-provided services? (recreation, education,
police, fire protection, etc.) ? Yes X No N/A Explain:
If yes, is existing capacity sufficient to handle projected demand? Yes No X N/A
Explain: N/A
12. Will the proposed action result in the generation of traffic significantly above present levels?
Yes X No N/A If yes, is the existing road network adequate to handle the additional traffic?
Yes X No N/A Explain:
D. APPROVALS
1. Approvals: Common Council Adoption
2a. Is any Federal permit required? Yes X No N/A; Specify:
2b. Does project involve State or Federal funding or financing? Yes X No N/A; If Yes, Specify:
2c. Local and Regional approvals:
Agency
Yes/No Type of
Approval Required
Submittal
Date
Approval
Date
COMMON COUNCIL YES ADOPTION
Board of Zoning Appeals (BZA) No
Planning & Development Board No
Ithaca Landmarks Preservation
Commission (ILPC)
No
Board of Public Works (BPW) No
Fire Department No
Police Department No
Building Commissioner No
Ithaca Urban Renewal Agency
(IURA)
No
E. INFORMATIONAL DETAILS
Attach any additional information as may be needed to clarify your project. If there are or may be any
adverse impacts associated with your proposal, please discuss such impacts and the measures which you
propose to mitigate or avoid them.
F. VERIFICATION
I certify the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name: City of Ithaca
Signature:
Title: Economic Development Planner
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Proposal to Create Planned Unit Development (PUD) Floating Zone District
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON LAND
1. Will there be an effect as a result of a physical change to project site? Yes No The
proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on land. Any potential impacts on land will
have to be evaluated if and when a planned unit development district is created.
Any construction on slopes of 15% or greater (15-foot rise per
100 feet of length) or where general slope in the project
exceeds 10%.
Yes No
Construction on land where depth to the water table is less
than 3 feet. Yes No
Construction of parking facility/area for 50 or more vehicles. Yes No
Construction on land where bedrock is exposed or generally
within 3 feet of existing ground surface. Yes No
Construction that will continue for more than 1 year or involve
more than one phase or stage. Yes No
Evacuation for mining purposes that would remove more than
1,000 tons of natural material (i.e., rock or soil) per year. Yes No
Construction of any new sanitary landfill. Yes No
Construction in designated floodway. Yes No
Other impacts (if any):
Yes No
2. Will there be an effect on any unique land forms found on the site (i.e., cliffs, gorges,
geological formations, etc.)? Yes No The proposed action establishes the
legislation to allow for Council to create Planned Unit Development Districts and has no
immediate impact on unique land forms. Any potential impacts on unique land forms will
have to be evaluated if and when a planned unit development district is created.
1 of 15
6/11/2014
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Proposal to Create Planned Unit Development (PUD) Floating Zone District
Specific land forms (if any):
Yes No
2 of 15
6/11/2014
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Proposal to Create Planned Unit Development (PUD) Floating Zone District
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER
3. Will project affect any water body designated as protected (under article 15 or 24 of
Environmental Conservation Law, E.C.L.)? Yes No The proposed action establishes
the legislation to allow for Council to create Planned Unit Development Districts and has no
immediate impact on water. Any potential impacts on water will have to be evaluated if and
when a planned unit development district is created.
Developable area of site contains protected water body. Yes No
Dredging more than 100 cubic yards of material from channel
of protected stream. Yes No
Extension of utility distribution facilities through protected
water body. Yes No
Construction in designated freshwater wetland. Yes No
Other impacts (if any):
Yes No
4. Will project affect any non-protected existing or new body of water? Yes No The
proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on water. Any potential impacts on water
will have to be evaluated if and when a planned unit development district is created.
A 10% increase or decrease in surface area of any body of
water or more than 10,000 sq. ft. of surface area. Yes No
Construction, alteration, or conversion of body of water that
exceeds 10,000 sq. ft. of surface area. Yes No
Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek,
Cayuga Lake, or Cayuga Inlet? Yes No
Other impacts (if any):
Yes No
3 of 15
6/11/2014
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Proposal to Create Planned Unit Development (PUD) Floating Zone District
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER (cont.)
5. Will project affect surface or groundwater quality? Yes No The proposed action
establishes the legislation to allow for Council to create Planned Unit Development Districts
and has no immediate impact on groundwater. Any potential impacts on groundwater will have
to be evaluated if and when a planned unit development district is created.
Project will require discharge permit. Yes No
Project requires use of source of water that does not have
approval to serve proposed project. Yes No
Construction or operation causing any contamination of a
public water supply system. Yes No
Project will adversely affect groundwater. Yes No
Liquid effluent will be conveyed off the site to facilities which
do not currently exist or that have inadequate capacity. Yes No
Project requiring a facility that would use water in excess of
20,000 gallons per day or 500 gallons per minute. Yes No
Project will likely cause siltation or other discharge into an
existing body of water to the extent that there will be an
obvious visual contrast to natural conditions.
Yes No
Proposed action will require storage of petroleum or chemical
products greater than 1,100 gallons. Yes No
Other impacts (if any):
Yes No
4 of 15
6/11/2014
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Proposal to Create Planned Unit Development (PUD) Floating Zone District
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER (cont.)
6. Will project alter drainage flow, drainage patterns, or surface water runoff? Yes No
The proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on drainage or runoff. Any potential
impacts on drainage or runoff will have to be evaluated if and when a planned unit development
district is created.
Project would impede floodwater flows. Yes No
Project is likely to cause substantial erosion. Yes No
Project is incompatible with existing drainage patterns. Yes No
Other impacts (if any):
Yes No
IMPACT ON AIR
7. Will project affect air quality? Yes No The proposed action establishes the
legislation to allow for Council to create Planned Unit Development Districts and has no
immediate impact on air quality. Any potential impacts on air quality will have to be evaluated if
and when a planned unit development district is created.
Project will induce 500 or more vehicle trips in any 8-hour
period per day. Yes No
Project will result in the incineration of more than 2.5 tons of
refuse per 24-hour day. Yes No
Project emission rate of all contaminants will exceed 5 lbs.
per hour or a heat source producing more than 10 million
BTUs per hour.
Yes No
Other impacts (if any):
Yes No
5 of 15
6/11/2014
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Proposal to Create Planned Unit Development (PUD) Floating Zone District
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACTS ON PLANTS AND ANIMALS
8. Will project affect any threatened or endangered species? Yes No The proposed
action establishes the legislation to allow for Council to create Planned Unit Development
Districts and has no immediate impact on plants and animals. Any potential impacts on plants
and animals will have to be evaluated if and when a planned unit development district is
created.
Reduction of any species, listed on New York or Federal list,
using the site, found over, on, or near site. Yes No
Removal of any portion of a critical or significant wildlife
habitat. Yes No
Application of pesticide or herbicide more than twice a year
other than for agricultural purposes. Yes No
Other impacts (if any):
Yes No
9. Will proposed action substantially affect non-threatened or non-endangered species?
Yes No The proposed action establishes the legislation to allow for Council to create
Planned Unit Development Districts and has no immediate impact on plants and animals. Any
potential impacts on plants and animals will have to be evaluated if and when a planned unit
development district is created.
Proposed action would substantially interfere with any
resident or migratory fish, or wildlife species. Yes No
Proposed action requires removal or more than ½ acre of
mature woods or other locally important vegetation. Yes No
Other impacts (if any):
Yes No
6 of 15
6/11/2014
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Proposal to Create Planned Unit Development (PUD) Floating Zone District
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON AESTHETIC RESOURCES
10. Will proposed action affect views, vistas, or visual character of the neighborhood or
community? Yes No The proposed action establishes the legislation to allow for
Council to create Planned Unit Development Districts and has no immediate impact on
aesthetic resources. Any potential impacts on aesthetic resources will have to be
evaluated if and when a planned unit development district is created.
Proposed land uses or proposed action components
obviously different from, or in sharp contrast to, current
surrounding land use patterns, whether man-made or natural.
Yes No
Proposed land uses or proposed action components visible to
users of aesthetic resources which will eliminate or
significantly reduce their enjoyment of aesthetic qualities of
that resource.
Yes No
Proposed action will result in elimination or major screening
of scenic views known to be important to the area. Yes No
Other impacts (if any):
Yes No
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
11. Will proposed action impact any site or structure of historic, prehistoric, or paleontological
importance? Yes No he proposed action establishes the legislation to allow for
Council to create Planned Unit Development Districts and has no immediate impact on
historic resources. Any potential impacts on historic resources will have to be evaluated if
and when a planned unit development district is created.
Proposed action occurring wholly or partially within, or
contiguous to, any facility or site listed on or eligible for the
National or State Register of Historic Places.
Yes No
Any impact to an archaeological site or fossil bed located
within the project site. Yes No
Proposed action occurring wholly or partially within, or
contiguous to, any site designated as a local landmark or in a
landmark district.
Yes No
7 of 15
6/11/2014
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Proposal to Create Planned Unit Development (PUD) Floating Zone District
Other impacts (if any):
Yes No
8 of 15
6/11/2014
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Proposal to Create Planned Unit Development (PUD) Floating Zone District
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON OPEN SPACE AND RECREATION
12. Will the proposed action affect the quantity or quality of existing or future open spaces, or
recreational opportunities? Yes No The proposed action establishes the legislation
to allow for Council to create Planned Unit Development Districts and has no immediate
impact on open spaces or recreational opportunities. Any potential impacts on open
spaces or recreational opportunities will have to be evaluated if and when a planned unit
development district is created.
The permanent foreclosure of a future recreational
opportunity. Yes No
A major reduction of an open space important to the
community. Yes No
Other impacts (if any):
Yes No
IMPACT ON UNIQUE NATURAL AREAS OR CRITICAL ENVIRONMENTAL AREAS
13. Will proposed action impact the exceptional or unique characteristics of a site designated
as a unique natural area (UNA) or a critical environmental area (CEA) by a local or state
agency? Yes No The proposed action establishes the legislation to allow for
Council to create Planned Unit Development Districts and has no immediate impact on
unique natural areas or critical environmental areas. Any potential impacts on unique
natural areas or critical environmental areas will have to be evaluated if and when a
planned unit development district is created.
Proposed action to locate within a UNA or CEA? Yes No
Proposed action will result in reduction in the quality of the
resource. Yes No
Proposed action will impact use, function, or enjoyment of the
resource. Yes No
9 of 15
6/11/2014
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Proposal to Create Planned Unit Development (PUD) Floating Zone District
Other impacts (if any):
Yes No
10 of 15
6/11/2014
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Proposal to Create Planned Unit Development (PUD) Floating Zone District
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON TRANSPORTATION
14. Will there be an effect to existing transportation systems? Yes No The proposed
action establishes the legislation to allow for Council to create Planned Unit Development
Districts and has no immediate impact on transportation. Any potential impacts on
transportation will have to be evaluated if and when a planned unit development district is
created.
Alteration of present patterns of movement of people and/or
goods. Yes No
Proposed action will result in major traffic problems. Yes No
Other impacts:
Yes No
IMPACT ON ENERGY
15. Will proposed action affect community's sources of fuel or energy supply? Yes No
The proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on the community’s sources of fuel or
energy supply. Any potential impacts on the community’s sources of fuel or energy supply will
have to be evaluated if and when a planned unit development district is created.
Proposed action causing greater than 5% increase in any
form of energy used in municipality. Yes No
Proposed action requiring creation or extension of an energy
transmission or supply system to serve more than 50 single-
or two-family residences.
Yes No
Other impacts (if any):
Yes No
11 of 15
6/11/2014
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Proposal to Create Planned Unit Development (PUD) Floating Zone District
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON NOISE AND ODORS
16. Will there be objectionable odors, noise, glare, vibration, or electrical disturbance during
construction of, or after completion of, this proposed action? Yes No The proposed
action establishes the legislation to allow for Council to create Planned Unit Development
Districts and has no immediate impact on noise or odors. Any potential impacts on noise
or odors will have to be evaluated if and when a planned unit development district is
created.
Blasting within 1,500 feet of a hospital, school, or other
sensitive facility? Yes No
Odors will occur routinely (more than one hour per day). Yes No
Proposed action will produce operating noise exceeding local
ambient noise levels for noise outside of structure. Yes No
Proposed action will remove natural barriers that would act as
noise screen. Yes No
Other impacts (if any):
Yes No
IMPACT ON PUBLIC HEALTH
17. Will proposed action affect public health and safety? Yes No The proposed action
establishes the legislation to allow for Council to create Planned Unit Development Districts
and has no immediate impact on public health and safety. Any potential impacts on public
health and safety will have to be evaluated if and when a planned unit development district is
created.
Proposed action will cause risk of explosion or release of
hazardous substances (i.e., oil, pesticides, chemicals,
radiation, etc.) in the event of accident or upset conditions, or
there will be chronic low-level discharge or emission.
Yes No
Proposed action may result in burial of “hazardous wastes” in
any form (i.e., toxic, poisonous, highly reactive, radioactive,
irritating, infectious, etc.)
Yes No
12 of 15
6/11/2014
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Proposal to Create Planned Unit Development (PUD) Floating Zone District
Proposed action may result in excavation or other
disturbance within 2,000 feet of a site used for the disposal of
solid or hazardous wastes.
Yes No
Proposed action will result in handling or disposal or
hazardous wastes (i.e., toxic, poisonous, highly reactive,
radioactive, irritating, infectious, etc., including wastes that
are solid, semi-solid, liquid, or contain gases).
Yes No
13 of 15
6/11/2014
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Proposal to Create Planned Unit Development (PUD) Floating Zone District
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON PUBLIC HEALTH (cont.)
Storage facilities for 50,000 or more gallons of any liquid fuel. Yes No
Use of any chemical for de-icing, soil stabilization, or control
of vegetation, insects, or animal life on the premises of any
residential, commercial, or industrial property in excess of
30,000 square feet.
Yes No
Other impacts (if any):
Yes No
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD
18. Will proposed action affect the character of the existing community? Yes No The
proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on growth and character of the
community. Any potential impacts on growth and character of the community will have to be
evaluated if and when a planned unit development district is created.
The population of the city in which the proposed action is
located is likely to grow by more than 5% of resident human
population.
Yes No
The municipal budgets for capital expenditures or operating
services will increase by more than 5% per year as a result of
this proposed action.
Yes No
Proposed action will conflict with officially adopted plans or
goals. Yes No
Proposed action will cause a change in the density of land
use. Yes No
Proposed action will replace or eliminate existing facilities,
structures, or areas of historic importance to the community. Yes No
Development will create demand for additional community
services (e.g., schools, police, and fire, etc.) Yes No
Proposed action will set an important precedent for future Yes No
14 of 15
6/11/2014
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Proposal to Create Planned Unit Development (PUD) Floating Zone District
15 of 15
6/11/2014
actions.
Proposed action will relocate 15 or more employees in one or
more businesses. Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.)
Other impacts (if any):
Yes No
19. Is there public controversy concerning the proposed action? Yes No Unknown
— If any action in Part 2 is identified as a potential large impact,
or if you cannot determine the magnitude of impact, proceed to Part 3 —
9
I. Objective
A Planned Unit Development (PUD) is a floating overlay zone, which may be placed
within any industrial zoned property located within the City boundaries, if deemed
appropriate by the Common Council. The purpose of the PUD is to encourage and
allow more creative development of land than is possible under standard zoning
district regulations. A PUD allows for flexibility in planning and design. Through the
process of review, discussion, and legislative change, efficient investment in public
improvements, a more appropriate environment, and protection of community interest
is ensured.
II. Requirements
With the approval of the City Common Council, a PUD may be established in any
industrially zoned parcel within the City boundary. The establishment of any such
zone shall lie in the sole discretion of the City Common Council, as a legislative
body. It shall be established by amending the Zoning Ordinance to permit such
establishment. The enactment and establishment of such a zone 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 zone.
In a PUD, buildings and land may be used for any lawful purpose permitted in the
zone where it is located, plus any other uses which the Common Council may
authorize upon findings that such additional uses:
• Further the health and welfare of the community; and
• Are in accordance with the City Comprehensive Plan
• Does the project create at least one long term community benefit
All development restrictions, including, but not limited to, yard size, height
restriction, building coverage, and lot size, shall be as set forth in the legislation
rezoning the area to a PUD established by the City Common Council. In addition, the
City Common Council may impose any conditions or limitations that are determined
to be necessary or desirable to ensure that the development is in conformance with the
City’s Comprehensive Plan, including limiting the permitted uses, location and size
of buildings and structures, providing for open space and recreational areas, and
The Planned Unit Development Zone is a floating zone, which is intended to allow flexibility in zoning
regulations for projects that are found to be beneficial to the community and that are expected to further the
goals of the City Comprehensive Plan.
2
requiring bonds or other assurances of completion of any infrastructure to be built as
part of the development.
No structure shall be erected or placed within a PUD, no building permit shall be
issued for a building or structure within a PUD, and no existing building, structure or
use in a PUD shall be changed, unless the proposed building and/or use is in
accordance with a site plan approval.
III. Application Process
A developer proposing a project that does not conform to the existing zoning
requirements may apply for a PUD to be placed on property under their control. The
application process is as follows:
1. Staff/Developer Pre-Application Meeting. A developer seeking alternate
zoning for their property must first contact the Department of Planning, Building,
Zoning, and Economic Development for a pre-application meeting. Staff will
explain the requirements, the application process, the timeline, and the fees
associated with a PUD request.
2. Application Submission. The developer must submit a completed PUD
application along with the required fee. The application must include a
conceptual development plan and an explanation of the request for alternate
zoning. The conceptual plan must include the proposed sizes of yards, maximum
heights and stories of all proposed buildings, maximum lot coverage, adjacent
uses and adjacent zoning.
3. Planning Committee. The Planning Committee of the Common Council will
consider the application for completion and will schedule a public information
session. The developer will be expected to be present at this meeting. The
Planning Committee will authorize circulation of the proposal for review and
comment from City Boards/Committees, the Tompkins County Planning
Department, and any neighboring property owners within 500 feet of the proposed
project Comments and concerns will be forwarded to the developer and to the
Commons Council for their consideration.
4. Public Information Session. Within 30 days of receiving a completed
application the City will schedule a Public Information Session, at which the
developer will be responsible for presenting information about the project and
answering questions from the public. The City will advertise the public
information session with a press release to the local media. The developer is
responsible for posting the property at least 5 days prior to the Public Information
Session, with the date, time, and location of the meeting.
5. Committee Recommendation. Once the comments have been received the
Planning Committee will consider the proposal along with the comments and will
make a recommendation to the Common Council. The recommendation may
include additional requirements or limitations to either mitigate undesirable
Formatted: Indent: Left: 18 pt, Tab stops:
36 pt, List tab + Not at 144 pt
3
impacts or to ensure that the development conforms to the goals of the City’s
Comprehensive Plan.
6. Conditional Approval. The Common Council will consider the request and may
pass a resolution granting a conditional approval subject to further site plan
review approval and instructing staff to take the project through the
environmental review process.
7. Site Plan Review Application—Applicant submits a site plan review application
and begins the environmental review process
8. Declaration of Intent to Act as Lead Agency—Planning Board declares its
intent to be the lead agency for the environmental review of the project and the
PUD and notifies all other involved agencies, including the Common Council.
9. Common Council Involvement—As a part of the environmental review process
for the project and the PUD, the Planning Board will update the Common Council
after each Planning Board meeting where the project is considered and will
request ongoing written comments from the Common Council.
10. Environmental Review/Site Plan Review—The Planning Board will be the lead
agency for the environmental review and site plan review of the project. The
project will undergo the normal site plan review process
11. Common Council Consideration of the PUD—When and if the project has
received a negative declaration of environmental significance and site plan
approval, it will return to the Common Council for final consideration of the
adoption of the PUD. Final Council approval, if any, shall be granted via
ordinance.
IV. Expiration
A developer who receives PUD approval will have 24 months to begin construction of
their project. If construction on the property has not been developed in accordance with
the approved plan after 24 months, the PUD will automatically be revoked, unless
otherwise stated by the Common Council, and the property will return to the previously
approved zoning restrictions. In the case of extenuating circumstances the developer may
apply to the Common Council for an extension of PUD approval.
If the site plan changes significantly, as determined by the Director of Planning and
Development, it may require re-consideration by the Common Council. The Director of
Planning and Development may determine that the changes are minor and do not require
re-approval.
V. Application and Processing Fees
A developer wishing to apply for a PUD will pay a flat fee of $1,200.00 (twelve hundred
dollars). This fee will cover all advertising costs, as well as staff processing time. The
application fee is due at the time that the full application is submitted.
4
Part 1. – Applicant Information
Application Date:____/____/_____
1. Applicant Information
Applicant Name(All principal owners of 15% or more must be listed): _______
____________________________________________________________________
_____________________________________________________________________
Address:_______________________City:__________State:______Zip:________
Phone:___________________________Email:____________________________
Property Owner (If different from applicant):_______________________________________
Address:_________________________City:__________State:______Zip:______
Phone:___________________________Email:____________________________
2. Property Information
(Applicant must provide either proof of ownership or an owner’s authorization)
Property Street Address: _____________________________________________
Tax Parcel Number: ________________________________________________
Legal description of Property: ________________________________________
Zoning District :______Area: ________Frontage: _____________
Current Uses: _____________________________________________________
Formatted: Indent: Hanging: 36 pt, Space
After: 0 pt, Tab stops: 18 pt, List tab + Not at
36 pt
5
3. Project Information
Project Name: _______________________________________________________
________________________________________________________________________
Project Narrative and Summary of Community Benefits (attach additional sheets as
needed): ________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Project Location:________________________________________________________
Property Size (acres) – both existing & proposed:_____________________________
Building Size (square feet) – both existing & proposed:_________________________
Proposed Project Start & Completion Dates:_________________________________
Approx. # of rental housing units:__________________________________________
Approx. # of for-sale housing units:_________________________________________
Approx. SF of office:_____________________________________________________
Approx. SF of retail/commercial:___________________________________________
Approx. SF of community/non-profit use:____________________________________
Approx. SF of light industrial/high-tech:_____________________________________
Approx. SF of industrial/manufacturing:_____________________________________
Approx. SF of other uses specify: ___________________________________________
Part 4. – Project Costs
Formatted: Font: Times New Roman, Bold
Formatted: Font: Times New Roman, Bold
Formatted: Font: Times New Roman, Bold
Formatted: Font: Times New Roman, Bold
Formatted: Font: Times New Roman, Bold
Formatted: Font: Times New Roman, Bold
Formatted: Font: Times New Roman, Bold
Formatted: Font: Times New Roman, Bold
Formatted: Font: Times New Roman, Bold
Formatted: Font: Times New Roman, Bold
Formatted: Font: Times New Roman, Bold
Formatted: Font: Times New Roman, Bold
Formatted: Font: Times New Roman, Bold
Formatted: Font: Times New Roman, Bold
Formatted: Font: Times New Roman, Bold
Formatted: Font: Times New Roman, Bold
Formatted: Font: Times New Roman, Bold
Formatted: Font: Times New Roman, Bold
Formatted: Font: Times New Roman, Bold
Formatted: Font: Times New Roman, Bold
6
Cost of New Construction:___________________
Value of Improvements:_____________________
Value of Equipment to Be Acquired:___________
Other:____________________________________
Total:____________________
Part 5. – Criteria and Potential Project Benefits
Minimum Qualification Criteria
A PUD can only be established if the following criteria are all determined to have
been met:
• Does the project further the health and welfare of the community;
and
• Is the project in accordance with the City Comprehensive Plan
• Does the project create at least one long term community benefit
• Is the property located in an area of the City currently zoned
industrial
PUD Approval Considerations
In addition to meeting the minimum criteria, the following will also be considered
when evaluating whether to grant a PUD for a proposed project:
(1) Please demonstrate why this project can’t move forward under existing zoning.
Why should a PUD be a desirable way to regulate development on this site?
(2) Will the project provide for public access pedestrian linkages (active
recreation)?
(3) What are the heights of buildings in this project? How do building masses and
locations compare to each other and to other structures in the vicinity?
(4) Are there available and adequate transportation systems within the PUD for
pedestrians, bicycles, and motor vehicles, including transit? What is the impact
on the external transportation network?
(5) What is the character of the neighborhood in which the PUD is being
proposed? Are there safeguards provided to minimize possible detrimental
7
effects of the proposed use on adjacent properties and the neighborhood in
general?
(6) How do the proposed open space and recreational systems function within the
PUD and in relation to the City’s overall open space and recreational systems?
(7) What is the general ability of the land to support the development, including
such factors as slope, depth to bedrock, depth to water table and soil type?
(8) What potential impacts are there on environmental, historical, and architectural
resources? Does the proposed PUD serve to protect these resources?
(9) What potential impacts are there on local government services?
(10) Is there available and adequate water service?
(11) Is there available and adequate sewer service?
(12) Will the PUD provide several of the community benefits listed below that
contribute to making the project a long-term asset for the community?
Potential Community Benefits Resulting from the PUD Project
(1) What will be the increase to the tax roll value of new real property?
(2) How many FTE jobs will be created as a result of the project? Will the project
result in job creation of positions that pay at least a living wage?
(3) Will the project result in job creation of which at least 51% will be held by
persons earning 80% or less of Area Median Income?
(4) Will the applicant provide affordable housing at rents that do not exceed Fair
Market Rents occupied by households earning no more than 80% of Area
Median Income, adjusted for family size (must determine duration)?
(5) Will the project fill vacant store fronts?
(6) Will the project involve environmental remediation?
(7) Is the project a historic preservation project (in accordance with the Secretary
of Interior's standards)?
(8) Will the project be assisting/contracting/renting to MWBEs?
(9) Will the project provide free (reduced cost) community space in the project
(for example to a 501c3 non-profit)?
(10) Will the project produce large-scale alternative energy, local energy or
combined heat/power that results in a significant reduction in greenhouse gas
emission?
(11) Will the project result in high tech job creation?
(12) Does the project contain the redevelopment of a Brownfield site?
(13) Will this project provide any other community wide benefits?
Formatted: Indent: Left: 0 pt, Pattern: Clear
(White)
8
An Ordinance Amending the Municipal Code of the City Of Ithaca,
Chapter 325, Entitled “Zoning,” to Establish the Planned Unit
Development Zoning District (PUD)
ORDINANCE NO. ____
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
ITHACA, CHAPTER 325, ENTITLED “ZONING” IN ORDER TO CREATE A
FLOATING PLANNED UNIT DEVELOPMENT ZONING DISTRICT.
BE IT ORDAINED AND ENACTED by the Common Council of the
City of Ithaca that Chapter 325, of the Municipal Code of the
City of Ithaca be amended as follows:
Section 1. Chapter 325 (“Zoning”), Article IV is hereby amended to change the title from
“Cluster Subdivision Development” to “Cluster Sub-division, Floating Zones, and Planned Unit
Development Zones” and to be re-numbered to read as follows:
Article IV. Cluster Subdivision Development, Floating Zones, and Planned Unit Development
Zones
§325-11. Cluster Subdivisions
A. Purpose and intent. This article authorizes the Planning and Development Board,
during the process of subdivision plat approval pursuant to Chapter 290, Subdivision of
Land, of the Code, to make reasonable changes in the existing zoning regulations for
the property affected so as to enable the development of a cluster subdivision. This
authorization permits deviations in the district regulations applicable to the affected
property, subject to the limitations contained in this section. Cluster subdivisions may
be approved in order to promote the following purposes:
(1.) The preservation and enhancement of open spaces, watercourses, wetlands and
areas designated as critical environmental areas.
(2.) The development of active and passive recreation areas.
(3.) The development of residential dwelling units in forms which are consistent with
the public welfare and which provide reasonable safeguards to the appropriate use
of adjoining land.
(4.) Efficient and cost-effective development of roads, sidewalks, utilities, water- and
sewer lines and other forms of public and private infrastructure.
(5.) The development of housing that is more affordable than that normally developed
under conventional zoning regulations.
Page 1 6/11/2014
B. Authorization and Minimum Requirements. The Planning and Development Board
is authorized, upon petition by an applicant for subdivision approval, to approve a
cluster subdivision that includes reasonable deviations from the existing regulations of
that zoning district in which the subdivision is located in accordance with the following
limitations:
(1.) Cluster subdivisions may only be permitted in the R-1a, R-1b, R-2a, R-2b, R-3a
and R-3b Zoning Districts.
(2.) Cluster subdivisions shall contain only those primary uses and accessory uses
which are permitted in the zoning district in which the cluster subdivision is
proposed, except as permitted by Subsection 325-11B. (3).
(3.) The following types of deviations from the zoning regulations of the district in
which the cluster subdivision is proposed are permitted:
a. Building type for residential uses, provided that, in the R-1a and R-1b
Districts, only one-family detached dwellings are permitted as primary uses,
and in the R-2a and R-2b Districts, no more than two dwelling units may be
attached to form a single building, provided that each dwelling unit shall
have a separate ground-level entrance.
b. Lot area.
c. Lot width at street line.
d. Maximum percentage of land coverage by buildings on any individual lot
within the cluster subdivision, provided that the total percentage of land
coverage by all buildings in the cluster subdivision shall not exceed the
following percentages for the zoning district in which the cluster subdivision
is located:
District
Maximum Land Coverage
(percent)
R-1a 20
R-1b 25
R-2a 30
R-2b 35
R-3a 35
R-3b 40
Page 2 6/11/2014
e. Front, side and rear yard dimensions, provided that all buildings in a cluster
subdivision shall have a front yard of at least 25 feet in the R-1a, R-1b, and
R-2a Zones and 10 feet in the R-2b, R-3a and R-3b Zones, and further
provided that all buildings in a cluster subdivision shall be at least the
following number of feet from the boundary of a cluster subdivision where
it abuts land, other than a public right-of-way, that is not part of the cluster
subdivision:
[1] In the R-1 Districts: 40 feet.
[2] In the R-2 and R-3 Districts: 20 feet.
(4.) The maximum number of dwelling units permitted in a cluster subdivision shall
not exceed the number of dwelling units that would be permitted on the site in a
conventional subdivision under the conventional zoning regulations for the zoning
district in which the cluster subdivision is proposed, subject to all applicable
development regulations applying to the property in question plus any other
restriction which the Planning and Development Board has the authority to
impose pursuant to Chapter 290, Subdivision of Land, of the Code.
(5.) Any reduction in the lot area for buildings in a cluster subdivision beyond the
minimum allowed in the zoning district in which the subdivision is located shall
require the reservation of an equivalent amount of land as open space, passive
recreation area or active recreation area. Wetlands, floodplains, steep slopes or
other areas not normally appropriate for building construction shall not account
for more than 50% of the land area reserved.
(6.) All open space or recreation areas reserved in accordance with Subsection 325-
11B. (5) shall be dedicated as common land for the benefit of the members of the
subdivision. The development, operation and maintenance of this property shall
be in accordance with the approved site development plan and in a manner that is
consistent with the public welfare
C. Approval; information to be submitted.
(1.) The Planning and Development Board may consider a developer's request for
approval of a cluster subdivision or may require that a developer prepare and
submit plans for a cluster subdivision that contain no greater number of dwelling
units than that proposed by the developer. The Board shall adopt rules and
regulations setting forth the criteria pursuant to which such an application may be
required. The approval of a cluster subdivision shall follow the rules and
procedures contained in Chapter 290, Subdivision of Land, of the City of Ithaca
Code.
(2.) Developers submitting a cluster subdivision plan shall submit two subdivision
plans, one showing the land developed under the conventional zoning regulations
and the other showing development under the cluster option. In addition to the
requirements of Chapter 290, Subdivision of Land, of the Code, the developer
shall submit the following information on or with the cluster subdivision plan:
Page 3 6/11/2014
a. An area plan showing the proposed cluster subdivision and all existing land
use and major natural features of the land within 500 feet of the project site.
b. A site development plan showing the location, size, use and physical
features of all proposed buildings and accessory uses, the location and
design of vehicular and pedestrian access and the location of proposed
parking areas.
c. A landscaping plan showing the type and location of all existing trees,
vegetation and natural features on the site; the identification of all existing
vegetation to be preserved; the identification of all new vegetation to be
added; and the location and type of fences, berms or buffer areas.
d. A plan showing the boundaries of common areas to be reserved and the
proposed use, development and maintenance of those spaces.
e. Elevations of typical dwelling units to be constructed in the cluster
subdivision.
f. Environmental review of the project at a level deemed appropriate by the
Planning and Development Board.
g. Any other information that the Planning and Development Board may
reasonably require.
(3.) The approval of a cluster subdivision shall constitute the approval of a site
development plan for the affected area. No development shall occur on the site
that is not in strict conformance with the elements of the approved site
development plan, nor shall the plan be modified without the approval of the
Planning and Development Board.
(4.) A cluster subdivision shall not be approved unless the Planning and Development
Board makes the following affirmative findings and states, in writing, the facts
that support those findings:
a. That the development is found to be compatible in terms of appearance,
character and overall density with both the existing and potential
development in the surrounding area.
b. That the development will not place an unreasonable burden on the public
roads or utilities that will service the project.
c. That the development will promote the preservation of open space and
natural resources within the neighborhood to a greater degree than would
conventional development
d. That the development is consistent with the public welfare and that the
appropriate use of adjoining land is reasonably safeguarded.
Page 4 6/11/2014
e. That the development will not have an undue adverse impact on the critical
area listed in § 176-5(B)(1)(a) of the Code.
f. That the development complies with the approved Street Plan and Master
Plan, if any, for the area.
Section 2 Chapter 325.(“Zoning”), Section §325-12, is hereby
amended to replace all existing text with the following new
language regarding Planned Unit Developments:
Section §325-12 Planned Unit Developments (PUD)
A. Declaration of Legislative Authority. This Planned Unit Development (PUD)
Ordinance is being enacted pursuant to the authority established in the New York State
General City Law § 81-f.
B. Purpose and Intent. This legislation is intended to establish procedures and
requirements for the establishment and mapping of PUDs, as floating overlay zones,
which may be placed in any industrially zoned area within the City boundaries, wherever
authorized by the Common Council. The PUD is a tool intended to be used to encourage
mixed-use or unique single use projects that require more creative and imaginative design
of land development than is possible under standard zoning district regulations. A PUD
allows for flexibility in planning and design, while through the process of review and
discussion, ensures efficient investment in public improvements, a more suitable
environment, and protection of community interest. A PUD should be used only when
long-term community benefits will be achieved through high quality development,
including, but not limited to, reduced traffic demands, greater quality and quantity of
public and/or private open space, community recreational amenities, needed housing
types and/or mix, innovative designs; and for the protection and/or preservation of natural
resources.
Sub-section 325-12 is intended to relate to both residential and nonresidential
development, as well as mixed forms of development. There may be uses, now or in the
future, which are not expressly permitted by the other terms of this chapter but which
uses would not contravene the long range Comprehensive Plan objectives if they adhere
to certain predetermined performance and design conditions. The PUD is intended to be
used to enable these developments to occur even though they may not be specifically
authorized by the City Zoning District Regulations.
The PUD is intended to be used in the areas within the City that are zoned industrial.
Residential uses are not permitted by existing zoning in industrial zones. However, these
areas are large tracts of land that have the potential for large scale redevelopment and
should a proposed project offer community wide benefits, the Common Council may
establish a PUD in order to permit uses not explicitly allowed by the underlying zoning.
Page 5 6/11/2014
Areas may be zoned as a PUD by the Common Council. The enactment and
establishment of such a zone 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 zone.
C. Establishment and location. The intent of a PUD is to create self-contained,
architecturally consistent, and compatible buildings, many times with diverse but
related uses. The creation of a PUD must entail sufficient review to assure the uses
within the zone will have negligible or no adverse effects upon properties surrounding
the zone. This tool is expressly intended for use in industrial zones, where residential
uses are not permitted. In reaching its decision on whether to rezone to a PUD, the
Common Council shall consider the general criteria set forth in this chapter, the most
current Comprehensive Plan for the City, and this statement of purpose.
No PUD shall be finally established pursuant to subparagraph G(13) of this section
unless, prior to such legislative enactment, all land within the proposed PUD is zoned
Industrial.
D. Permitted principal and accessory uses. In a PUD, buildings and land may be used
for any lawful purpose permitted in the zone where it is located, plus any other uses
which the Common Council may authorize.
All development restrictions, including, but not limited to, yard size, height restriction,
building coverage, and lot size, shall be as set forth in the legislation rezoning the area
to a PUD established by the Common Council. In addition, the Common Council may
impose any conditions or limitations that are determined to be necessary or desirable to
ensure that the development conforms with the City Comprehensive Plan, including
limiting the permitted uses, location and size of buildings and structures, providing for
open space and recreational areas, requiring acoustical or visual screening, construction
sequencing, and requiring bonds or other assurances of completion of any infrastructure
to be built as part of the development.
E. Site Plan Approval. No structure shall be erected or placed within a PUD, no building
permit shall be issued for a building or structure within a PUD, and no existing
building, structure, or use in a PUD shall be changed, unless the proposed building
and/or use is in accordance with a site plan approved pursuant to the provisions of
Chapter 276 of the City of Ithaca Code.
F. Criteria. Common Council will consider an application for any PUD on the following
criteria, among others:
• Does the project further the health and welfare of the community; and
• Is the project in accordance with the City Comprehensive Plan
• Does the project create at least one long term community benefit
Page 6 6/11/2014
G. Application Process. An applicant proposing a development that does not conform
with the existing zoning requirements may apply for a PUD to be placed on their
property, or on such other property as designated by the applicant and for which the
applicant has submitted sufficient authorization executed by the owner(s) of said
property in support of the application. The application process is as follows:
[1.] Staff/Applicant Pre-Application Meeting. An applicant seeking
alternate zoning for their property must first contact the Department
of Planning, Building, and Development for a pre-application
meeting. Staff will explain the requirements, the application
process, the timeline, and the fees associated with a PUD request.
[2.] Application Submission. Applicant must submit a completed PUD
application along with the required fee. The Application must
include a conceptual development plan, and an explanation of the
request for alternate zoning.
[3.] Planning Committee. The Planning Committee of the Common
Council will consider the application for completion and review
comments received at the public information session. The applicant
will be expected to be present at this meeting. The Planning
Committee may also request additional information from the
applicant at this time. The Planning Committee will schedule a legal
public hearing and authorize circulation of the proposal for review
and comment from City Boards/Committees, the Tompkins County
Planning Department, and any neighboring property owners.
[4.] Circulation. City staff will circulate the proposed PUD materials
for review and comment and will forward comments and concerns to
the applicant and to the Common Council.
[5.] Public Information Session. Within 30 days of receiving a
completed application the City will hold a Public Information
Session, at which the applicant will be responsible for presenting
information about the project and answering questions from the
public. The City will advertise the public information session with a
press release to the local media. The applicant is responsible for
posting the property at least 5 days prior to the Public Information
Session, with the date, time, and location of the meeting.
[6.] Committee Recommendation. Once the comments have been
received the Planning Committee will consider the proposal along
with the comments and will by resolution make a recommendation to
the Common Council. The recommendation may include additional
requirements or limitations to either mitigate undesirable impacts or
to ensure that the development conforms with the goals of the City’s
Comprehensive Plan.
[7.] Approval in Concept. The Common Council will consider the
application and may pass a resolution granting approval in concept,
Page 7 6/11/2014
subject to further site plan review approval and final Council
approval via ordinance and instructing staff to take the project
through the environmental review process.
[8.] Notwithstanding any conflicting provisions of the City Code, an
applicant whose application has received from the Common Council
Approval in Concept shall be permitted, for the purpose of
commencing site plan review, to proceed with a building permit
application despite any zoning-based deficiencies in the application
so long as all such deficiencies may be cured by final Council
approval of the PUD.
[9.] Site Plan Review Application—Applicant submits a site plan
review application and begins the environmental review process
[10.] Declaration of Intent to Act as Lead Agency—Planning Board
declares its intent to be the lead agency for the environmental review
of the project and the PUD and notifies all other involved agencies,
including the Common Council.
[11.] Common Council Involvement—As a part of the environmental
review process for the project and the PUD, the Planning Board will
update the Common Council after each Planning Board meeting
where the project is considered and will request ongoing written
comments from the Common Council.
[12.] Environmental Review/Site Plan Review—The Planning Board
will be the lead agency for the environmental review and site plan
review of the project. The project will undergo the normal site plan
review process
[13.] Common Council Consideration of the PUD—When and if the
project has received a negative declaration of environmental
significance and site plan approval, it will return to the Common
Council for final consideration of the adoption of the PUD. Final
Council approval, if any, shall be granted via ordinance.
H. Additional Requirements. In any rezoning to a PUD the Common Council may
impose such conditions or limitations that the Council, in its legislative discretion, may
determine to be necessary or desirable to ensure that the development conforms with
the City Comprehensive Plan, including limiting the permitted uses, location and size
of buildings and structures, providing for open space and recreational areas, and
requiring bonds or other assurances of completion of any infrastructure to be built as
part of the development.
I. Expiration. A developer who receives PUD approval will have 24 months to begin
construction of their project. If construction on the property has not been developed in
accordance with the approved plan after 24 months, the PUD will automatically be
revoked, unless otherwise stated by the Common Council, and the property will return
to the previously approved zoning restrictions. In the case of extenuating
Page 8 6/11/2014
Page 9 6/11/2014
circumstances the developer may apply to the Common Council for an extension of
PUD approval. If the site plan changes significantly, said significance as determined by
the Director of Planning and Development, it may require re-consideration by the
Common Council. The Director of Planning and Development may determine that the
changes are minor and do not require re-approval.
Section 3. Chapter 325. (“Zoning”), Section §325-13, is hereby
amended to delete all existing text, which has been relocated to
§325-11 C. Approval; Information to be submitted.
Section 4. Severability. If any section, subsection, sentence,
clause, phrase or portion of this ordinance is held to be
invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity
of the remaining portions of this ordinance.
Section 5. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of
notices as provided in the Ithaca City Charter.
1
THE NOISE CONSULTANCY, LLC
309 VAN NESTE ROAD
FLEMINGTON, NEW JERSEY 08822
WORKING DRAFT - April 17, 2014
Chapter 240. NOISE
[HISTORY: Adopted by the Common Council of the City of Ithaca 9-5-1990
by Ord. No. 90-12 (Ch. 68 of the 1975 Municipal Code); amended in its
entirety 4-7-2004 by Ord. No. 2004-4. Subsequent amendments noted where
applicable.]
GENERAL REFERENCES
Assemblies and parades — See Ch. 132.
Building construction — See Ch. 146.
Dogs and other animals — See Ch. 164.
Peddling and soliciting — See Ch. 232, Art. V.
Peace and good order — See Ch. 250.
Article I. General Provisions
§ 240-1. Title.
This chapter shall be known and may be cited as the "City of Ithaca Noise
Ordinance."
§ 240-2. Purpose.
The purpose of this chapter is to preserve the public health, peace, welfare and
good order by suppressing the making, creation or maintenance of excessive,
unnecessary, unnatural or unusually loud noises which are prolonged, unusual
and unnatural in their time, place and use and which are detrimental to the
environment. It is also the purpose of this chapter to allow all residents of the City
to coexist harmoniously in a manner which is mutually respectful of the interests,
rights and obligations of all persons.
Comment [EMZ1]: General note - the numbering
of provisions and references thereto will have to be
reconciled throughout the ordinance, at the end of
this process.
2
§ 240-3. Definitions.
[Amended 9-1-2004 by Ord. No. 2004-14]
Unless the context otherwise clearly indicates, the words and phrases used in
this chapter are defined as follows:
AFFECTED PERSON
Any person who has registered a noise complaint with the City of Ithaca
that he or she is the receptor of noise on a protected property category,
and said affected person has an interest in the protected property as an
owner, tenant or employee.
CIRCULATION DEVICE
Any device which circulates a gas or fluid, including but not limited to any
air conditioner, pump, cooling tower, fan or blower.
DAYTIME HOURS
The hours between 7:30 a.m. and 10:00 p.m., local time, on any day.
EMERGENCY WORK
Work made necessary to restore property to a safe condition following a
public calamity or work necessary to protect persons or property from an
imminent exposure to danger.
IMPULSIVE SOUND
A sound of short duration, usually less than one second, and of high
intensity, with an abrupt onset and rapid decay.
MOTOR VEHICLES
Includes but is not limited to automobiles, trucks, buses, mopeds,
minibikes and any other vehicles as defined by the Vehicle and Traffic
Law of the State of New York, as it may be amended from time to time.
NIGHTTIME HOURS
The hours between 10:00 p.m., local time, on any day and 7:30 a.m. on
the following day.
PERSON
Includes the singular and plural and also any individual; any property
owner and/or lessee; any firm; a corporation; a political subdivision; a
government agency, including any agency of the City of Ithaca; an
Comment [EMZ2]: This definition and the
provision regulating this source are verbatim from
New York City's Noise Code.
3
association or an organization, including but not limited to officers,
directors, employees, agents and/or independent contractors thereof; or
any legal entity whatsoever.
PLAINLY AUDIBLE
Any sound that can be detected using unaided hearing faculties of normal
acuity. As an example, if the sound source under investigation is a
portable or vehicular sound production amplification or reproduction
device, the detection of the rhythmic bass component of the music is
sufficient to verify plainly audible sound. It is not necessary to determine
the title, specific words, or the artist performing the song.
SOUND-AMPLIFYING EQUIPMENT
Any machine or device for the amplification of the human voice, instrumental
music or any other sound. As used in this chapter, "sound-amplifying equipment"
shall not include warning devices on authorized emergency vehicles or horns or
other warning devices on any vehicle used only for traffic safety purposes or
authorized fire horns or other authorized emergency alarms.SOUND
PRODUCTION DEVICE
Any device whose primary function is the production of sound, including,
but not limited to any, musical instrument, loudspeaker, radio, television,
digital or analog music player, public address system or sound-amplifying
equipment. This includes the unamplified human voice when exceeding
conversational voice levels. This shall not apply to spontaneous
utterances such as laughter, exclamations of warning, or sporting events.
This shall also not apply to emergency warning devices, sirens, alarms or
other devices being used solely for public safety purposes.
SOUND SOURCE
Any person or thing from which sound is created.
UNREASONABLE NOISE
A level of sound that is injurious or annoying or disturbing to be heard.Any
excessive or unusually loud sound that disturbs the peace, comfort or
repose of a reasonable person of normal sensitivities, injures or
endangers the health or safety of a reasonable person of normal
sensitivities, or which causes damage to property or business, especially Comment [EMZ3]: Based upon New York City's
Noise Code (Local Law 113 of 2005)
4
but not limited to noise made with intent to cause public inconvenience
annoyance or alarm or recklessly create a risk thereof.
§ 240-4. Unreasonable noise prohibited.
[Amended 8-4-2004 by Ord. No. 2004-12]
A. No person shall intentionally cause public inconvenience, annoyance or alarm or
recklessly create a risk thereof by making unreasonable noise or by causing
unreasonable noise to be made.
B. For the purpose of implementing and enforcing the standard set forth in
Subsection A of this section, "unreasonable noise" shall mean any sound created
or caused to be created by any person which either annoys, disturbs, injures or
endangers the comfort, repose, health, peace or safety of the public or which
causes injury to animal life or damages to property or businessFactors to be
considered in determining whether unreasonable noise exists in a given situation
include but are not limited to any or all of the following:
(1) Whether the noise serves any legitimate purpose such as a warning
(2) Whether the noise is intentionally causing or may recklessly cause
inconvenience, annoyance or alarm
(3)The intensity and nature of the noise.
(2) Whether the nature of the noise is usual or unusual.
(3) Whether the origin of the noise is associated with nature or human-made activity.
(44) The intensity of the background noise, if any.
(55) The proximity of the noise to sleeping facilities.
(66) The nature and the zoning district of the area within which the noise emanates
and of the area within 500 feet of the source of the sound.
(77) The time of the day or night the noise occurs.
(88) The time duration of the noise.
(9) Whether the sound source is temporary.
(10) Whether the noise is continuous or impulsive.
(11) The volume of the noise.
Comment [EMZ4]: People v. Bakolas
5
(912) The existence of complaints, either currently or previously, concerning the
noise from affected persons.persons living or working in different places or
premises who are affected by the noise.
C. This section shall not be interpreted to prevent the issuance of permits pursuant
to § 240-14 that will authorize particular sound sources.
D. "Person" defined. For the purposes of enforcing this section:
(1) For an offense that occurs on any public property where permission was obtained
to use that public property, a "person" shall include the person or persons who
obtained permission to utilize that property for that event.
(2) For an offense that occurs on private property, a "person" shall include any adult
person or persons who live in or on the property that is involved in the offense.
(3) For an offense that occurs after granting of a permit pursuant to Article III of this
chapter, a "person" shall include the person or persons who are listed on the
permit.
Article II. Special Noise Sources
§ 240-5. Purpose of article.
The provisions of this Article II complement and supplement the other provisions
of this chapter and shall be interpreted and applied in accordance with and in
addition to and not in lieu of those other provisions. The provisions of this article
shall not be interpreted to prevent the issuance of permits pursuant to § 240-
14 17 that will authorize particular sound sources.
§ 240-6. Radios, television sets and similar sound-
amplifyingSound production devices.
A. Unless specifically regulated elsewhere in this ordinance, Iit shall be unlawful for
any person anywhere in the City to use or to operate any radio or receiving set,
musical instrument, phonograph, television set, any other machine or device for
the producing or reproducing of sound or any other sound-amplifying
equipmentsound production device in a loud, annoying or offensive manner such
that noise from the device interferes with the comfort, repose, health or safety or
6
members of the public or recklessly creates a risk thereof,which creates
unreasonable noise within any building or, outside of a building, at a distance of
25 feet or more from the source of such sound or interferes with the conversation
of members of the public who are 25 feet or more from the source of such sound.
[Amended 9-1-2004 by Ord. No. 2004-13]
B. Sound production devices on the Ithaca Commons
(1). Except by special permit no person shall operate or cause to be operated on the
public spaces of the Ithaca Commons any sound production device, including the
unamplified human voice, in such a manner as to create unreasonable noise on
the Ithaca Commons or within any building of any affected person. Prima facie
evidence of a violation of this section includes:
(a) Exceeding 75 dBA when measured at a distance of 15 feet or more from the
source or;
(b) Plainly audible at a distance of 100 feet or more or;
(c) Plainly audible within the commercial or residential structure of an affected
person, with windows and doors closed.
(2) Except by special permit no person shall operate or cause to be operated a
sound production device from on or inside any building on the Ithaca Commons,
the sound from which is directed outside towards the pedestrian mall.
(3). The provisions of Subsections B(1) and B(2) above shall not apply to
emergency warning devices, sirens, alarms or other devices being used solely
for public safety purposes.
(4). Amplified sound may be used between 11:00 a.m. and 2:00 p.m., and between
5:00 p.m. and 10:00 p.m., Monday through Friday, and between 10:00 a.m. and
10:00 p.m., Saturday and Sunday, upon approval of a noise permit. Sound levels
should be kept low and subject to immediate volume reduction when requested
by any City official, staff member of the Ithaca Downtown PartnershipDowntown
Ithaca Alliance, or member of the Commons Advisory Board.
BC. "Person" defined. For the purposes of this section:
[Added 8-4-2004 by Ord. No. 2004-12]
(1) For an offense that occurs on any public property where permission was obtained
to use that public property, a "person" shall include the person or persons who
obtained permission to utilize that property for that event.
Comment [EMZ5]: This is derived from Section
§ 157-8, which should amended to be consistent with
this provision, or delete sections in § 157-8 now
addressed here.
Comment [EMZ6]: Section B(1) above permits
all sound production devices, including those that are
amplified, so long as they do not exceed the
permissible limits. Thus, there can be no prior
restraint challenge. This Section (4) can be
removed. If such a challenge is deemed unlikely, this
can be left.
7
(2) For an offense that occurs on private property, a "person" shall include any adult
person or persons who live in or on the property that is involved in the offense.
(3) For an offense that occurs after granting of a permit pursuant to Article III of this
chapter, a "person" shall include the person or persons who are listed on the
permit.
§ 240-7. Commercial establishments serving alcohol or food, or
presenting live or recorded musical performances
A. Notwithstanding any other provisions of this ordinance, commercial
establishments such as bars, restaurants, cabarets, or performance venues shall
conform to the following standards:
(1) There shall be no sound production device on the exterior of the establishment
or inside the establishment at a distance of less than ten feet to an open door or
window towards which it is oriented, without a permit.
(2) There shall be no outdoor gaming devices.
(3) An investigation of a noise disturbance will only ensue after a complaint is
lodged by an affected person. The Noise Control Investigator shall determine
whether there is probable cause to proceed with a noise investigation from a
vantage point in close proximity to or within the property line of the affected
person.
(4) Sound production devices in commercial establishments shall not exceed the
permissible sound level limits set forth in Table 1, below:
Comment [EMZ7]: This can be changed to "may'
to remove the absolute requirement.
Comment [EMZ8]: This provision requires a
complainant. Further, the investigator must
determine the validity of complaint at the property
of the affected person prior to conducting a
compliance analysis. There is latitude provided to
the investigator to use their judgment. A standard of
audibility could be applied here, if desired. As Table
1 below establishes limits at the door of the
establishment, it would be possible for a facility to
be found in violation when the music is inaudible at
the residence. This provision would preclude that
possibility.
8
Table 1
Sound Level Limits for Commercial Establishment Sound Production Devices
Facility
Location
Time of
Day
Sound Level Limit
dB(A)
Property Line of Affected
Person
Inside Residence of
Affected Person
Ithaca
Commons,
Central
Business
District
Day*
65
50
Night**
55
40 within Zone
Plainly Audible
in Any Other Zone
Any Other
Zone
Day 60 45
Night
50
Plainly Audible
*For the purposes of this provision daytime includes the hours of 7:30 AM to 10:00 PM on
weekdays, and 12:00 PM to 9:00 PM on weekends and federal holidays
**For the purposes of this provision nighttime includes the hours of 10:00 P.M. to 7:30 AM on
weekday nights, and 12:00 AM to 9:00 AM on weekends and federal holidays
(5) Nothing in this provision shall apply to the aggregate unamplified human voices
of patrons of an establishment. Individual patrons are subject to the provision at
§ 240-9
§ 240-87. Parties and other social events.
A. It shall be unlawful for any person in charge of a party or other social event that
occurs on any private or public property to allow that party or event to produce
noise in a loud, annoying or offensive manner such that noise from the party
interferes with the comfort, repose, health or safety of members of the public
within any building or, outside of a building, or recklessly creates the risk thereof,
at a distance of 25 feet or more from the source of such sound.
[Amended 9-1-2004 by Ord. No. 2004-13]
Comment [EMZ9]: Strict night time standard for
residential receptors outside the CBD, for music
coming from inside the CBD. Requires an
investigator to enter the residence for compliance
determination.
Comment [EMZ10]: More restrictive standards
applied to commercial music establishments outside
the CBD
Comment [EMZ11]: Bar and restaurant patrons
in aggregate are not covered, but individual patrons
can still be charged.
Comment [EMZ12]: Left as-is, as requested.
9
B. For the purposes of this section, a "person in charge of a party or other social
event":
[Amended 9-1-2004 by Ord. No. 2004-13]
(1) That occurs on any public property shall include the person or persons who
obtained permission to utilize that property for that event.
(2) That occurs on private property shall include the person who owns the premises
involved and any adult person who lives in or on the premises involved in such
party or social event.
(3) Shall include the person who is listed on a permit granted pursuant to Article III of
this chapter with respect to such event.
C. For any violation of this section where beer is being served from a keg on the
premises, the person to whom the keg is registered shall be presumed to be
responsible for the violation, in addition to any person designated in
Subsection A or B above.
§ 240-9. Unamplified human voice.
A.No person shall make, continue, or cause to be made or continued, any
unreasonable noise by use of the unamplified human voice. The unamplified
human voice engaged at conversational voice shall be exempt from this provision
if such sound is not plainly audible beyond 100 feet or does not infringe on the
legitimate rights of others. Raised vocal effort, such as shouting, yelling or
screaming, with intent to cause public inconvenience, annoyance or alarm or
recklessly causing a risk thereof or that serves no legitimate purpose, when
audible at distances greater than 100 feet, is prima facie evidence of a violation
of this provision. This shall not apply to spontaneous utterances such as
laughter, exclamations of warning, or sporting events.
B. It shall be unlawful for any person to advertise, promote or sell anything by outcry
within any area of the City zoned for residential uses. The provisions of this
section shall not be construed to prohibit the selling by outcry of merchandise,
food and beverages at licensed sporting events, parades, fairs, circuses and
other similar licensed public entertainment events.
§ 240-10. Motor Vehicles
Comment [EMZ13]: This is a new provision
addressing shouting in the streets. It can also be
applied to anywhere in Ithaca if the bracketed words
in the second sentence are removed. This is a clearly
defined, content-neutral, and objective standard that
does not prohibit reasonable communication.
10
A. No person shall remove or render inoperative, or cause to be removed or
rendered inoperative or less effective than originally equipped, other than for the
purposes of maintenance, repair, or replacement, of any device or element of
design incorporated in any motor vehicle for the purpose of noise control. No
person shall operate a motor vehicle or motorcycle which has been so modified.
A vehicle not meeting these requirements shall be deemed in violation of this
provision if it is operated stationary or in motion in any public space or public
right-of-way.
B. No motorcycle shall be operated stationary or in motion unless it has a muffler
that complies with and is labeled in accordance with the Federal Noise
Regulations under 40 CFR Part 205.
C No person shall operate any motor vehicle with an engine braking device
engaged which does not have a muffler in good working order.
D. Personal or commercial vehicular music amplification or reproduction equipment
shall not be operated in such a manner that it is plainly audible at distance of 25
feet in any direction from the operator between the hours of 10:00 p.m. and 7:30
a.m.
E. Personal or commercial vehicular music amplification or reproduction equipment
shall not be operated in such a manner that is plainly audible at a distance of 50
feet in any direction from the operator between the hours of 7:30 a.m. and 10:00
p.m.
§ 24011. Machinery.
A.It shall be unlawful for any person to operate or repair any machinery, motor
vehicle, construction equipment or other equipment, pump, fan, air-conditioning
apparatus or similar mechanical device or to engage in any commercial or
industrial activity in any manner so as to create unreasonable noise as defined in
§ 240-4 of this chapter. In making such determination with respect to the matters
governed by this section, additional factors to be considered shall include:
A.(1) The necessity of the work being done.
B. (2) The ability of the creator of the noise to minimize or reduce the amount of
noise created or to otherwise minimize its adverse effects.
Comment [EMZ14]: This addresses straight-pipe
motorcycles and does not require a sound level
meter. The police officer need only look for the EPA
stamp on the muffler. Hearing an unusually loud
motorcycle is probable cause to curb the vehicle to
determine compliance with this provision.
Comment [EMZ15]: Engine braking ("Jake
Brake") can be prohibited within city limits
(excepting emergencies), and signs posted at all
entrances to the city. Ithaca, however, has some
steep grades and thus, this is probably inadvisable. I
defer to the traffic engineers. This provision would
allow a police officer to investigate for a damaged or
straight-pipe muffler.
Comment [EMZ16]: D and E address loud car
stereos. They can disturb many hundreds of people.
These provisions also allow for probable cause to
stop the vehicle for further investigation beyond
noise.
11
§ 240-12. Circulation Devices.
(A) No person shall operate or permit to be operated a circulation device in such a
manner as to create a sound level in excess of 42 dB(A) when measured inside a
receiving property dwelling unit. The measurement shall be taken with the window
or terrace door open at a point three feet from the open portion of the window or
terrace door.
(B) On and after the effective date of this section, when a new circulation device is
installed on any building lot or an existing device on any building lot is replaced, the
cumulative sound from all circulation devices on such building lot owned or
controlled by the owner or person in control of the new device being installed or the
existing device being replaced shall not exceed 45 dB(A), when measured as
specified in subdivision A of this section. For a period of two years after the
effective date of this section, this subdivision shall not apply to the replacement of a
circulation device that was installed on any building lot prior to the effective date of
this section by a device of comparable capacity.
(C) Except as otherwise provided in subdivision B of this section, with respect to
circulation devices installed on any building lot prior to the effective date of this
section, the sound level limit of 42 dB(A) referred to in subdivision A of this section
shall apply to each individual device except that if the cumulative sound from all
devices owned or controlled by the same person on a building lot exceeds 50
dB(A), when measured as specified in subdivision A of this section, a designated
official of the City of Ithaca may order the owner or person in control of such
devices to achieve a 5 dB(A) reduction in such cumulative sound level within not
more than 12 months after the issuance of such order.
§ 240-130. Construction during nighttime hours.
A. Except for the purposes specified in Subsection B hereunder, during nighttime
hours it shall be unlawful for any person within a residential zone or within 500
feet of a residential zone to operate construction equipment (including but not
limited to any pile driver, steam shovel, pneumatic hammer, derrick or steam or
electric hoist) or perform any outside construction or repair work so as to create
noise. Any designated official of the City of Ithaca shall give a verbal warning that
the violation exists and of the penalties that may result if the violation continues.
Comment [EMZ17]: This provision addresses
preexisting non-conforming facilities, and provides
some limited "grandfathering', while requiring some
sound reduction. The amount and timeline of
required reduction should be discussed. In
addition we may consider the possibly of a provision
for further variance, upon demonstration of
substantial good faith efforts and significant
technical and financial hardship.
12
B. This section shall not be deemed to prohibit:
(1) Work of an emergency nature.
(2) Work of a domestic nature on buildings, structures or projects being undertaken
by a person(s) residing in such premises; provided that, if any domestic power
tool, including but not limited to mechanically powered saws, sanders, grinders
and lawn and garden tools used outdoors, is operated during the nighttime hours,
no person shall operate such machinery so as to cause noise within a residential
building or across a residential real property boundary where such noise
interferes with the comfort, repose, health or safety of members of the public
within any building or, outside of a building, at 25 feet or more from the source of
the sound.
§ 240-141. Applicability of section.
Section 240-10 [now 240-13] shall be applied in addition to § 240-4.
§ 240-152. Continuing noise.
It shall be unlawful for any person to make or continue or cause to be made or
continued any loud, unnecessary or unusual noise or sound which shall exceed
the permitted noise levels specified in this chapter. Any designated official of the
City of Ithaca may issue a verbal warning that the violation exists and of the
penalties that may ensue.
§ 240-13. Horns and alarms.
This chapter shall not apply to fire horns or other alarms authorized by the Fire
Department or Police Department and operated in accord with that authorization.
Article III. Other Provisions
§ 240-164. Permit procedures for certain activities.
[Amended 9-1-2004 by Ord. No. 2004-14; 5-4-2005 by Ord. No. 2005-06]
Except as provided for in § 157-8 of the City Code regarding the Ithaca
Commons:
A. Where a sound source is planned, installed or intended to be installed or
modified by any person in a manner that such source will create or is likely to
Comment [EMZ18]: Is this section necessary?
Comment [EMZ19]: Is this section necessary?
Comment [EMZ20]: The exemption for Horns
and Alarms is now addressed in the definition of
Sound Production Device.
13
create unreasonable noise or otherwise fail to comply with the provisions of this
chapter, such person must secure a permit pursuant to Subsection D of this
section.
B. Where any person uses or plans to use any sound -amplifying equipment
production device in such a way that such equipment is or will be heard outside
of any building or vehicle between 10:00 p.m. of any day and 7:30 a.m. of the
next day, such person must secure a permit pursuant to Subsection D of this
section.
C. Where any person uses or plans to use a public-address system that will make
sound outside of a building, such person must secure a permit pursuant to
Subsection D of this section.
D. Applications shall be submitted at least 72 hours in advance of an event. The
application for the permit shall provide the following information:
(1) The reasons for such usage, including a demonstration why it is desirable or
necessary that the sound source involved be authorized by a permit pursuant to
this section.
(2) Plans and specifications of the use.
(3) Noise-abatement and -control methods to be used with respect to the sound
source involved.
(4) The period of time during which the permit shall apply.
(5) The name of the person(s) who is responsible for ensuring that the activity
complies with any permit issued for it pursuant to this section.
(6) If required by the party issuing the permit, proof that notification of the application
for the permit has been given to each person reasonably expected to be affected
by the noise, the content of such notification and the manner in which such
notification has been given, if the event is not a community-wide or public event.
The notification shall state that any person objecting to the granting of such
permit may contact the appropriate city department to which the application is
being made to express his/her opposition to the granting of the permit.
E. The application shall be made to the Superintendent of Public Works, or his/her
designee, in connection with construction work on public rights-of-way or in
parks; to the Director of Planning and Development, or his/her designee, for all
other construction projects; and to the Mayor, or his/her designee, for any other
Comment [EMZ21]: This provision states that
the threshold for requiring a permit is audibility
outside of a building or car. Is that jurisdictional
will? If that is the case, most facilities or residences
with any sound amplification device will require a
permit if the device is operated after 10:00 PM. Is
this currently being applied?
14
events. The issuance of permits shall be discretionary, and a permit shall be
issued only where the responsible official determines that such permit is
reasonable and necessary and will allow an activity that is consistent with the
general purposes of this chapter, as stated in § 240-2. When determining if a
permit should be issued, factors the official shall consider shall include but are
not limited to the volume of the noise, the proximity of the noise to sleeping
facilities, the time of the day or night the noise occurs, the time duration of the
noise, and the impact of the noise on persons living or working in different places
or premises who are affected by the noise. Any permit granted shall state that the
permit only applies to this chapter, and that § 240.20, Subdivision 2, of the Penal
Law of the State of New York, Disorderly Conduct, provides that “a person is
guilty of disorderly conduct when, with intent to cause public inconvenience,
annoyance or alarm or recklessly creating a risk thereof: . . . he makes
unreasonable noise."
[Amended 6-5-2013 by Ord. No. 2013-15 Editor's Note: This ordinance provided
for an effective date of 1-1-2014. ]
F. In order to further the purposes of this chapter and to facilitate its implementation
and enforcement, the Superintendent of Public Works, the Director of Planning
and Development and the Mayor, or their designees, shall have authority to
impose such conditions as they determine are reasonable and necessary on
permits they issue pursuant to this section. Such conditions may govern factors
which include but are not limited to the time and location the involved sound
source may be utilized.
[Amended 6-5-2013 by Ord. No. 2013-15 Editor's Note: This ordinance provided
for an effective date of 1-1-2014. ]
G. The Superintendent of Public Works, the Director of Planning and Development
and the Mayor or their designees shall provide the Chief of Police with a copy of
any permit issued pursuant to this section.
[Amended 6-5-2013 by Ord. No. 2013-15 Editor's Note: This ordinance provided
for an effective date of 1-1-2014. ]
[VARIANCE PROVISION]
15
[We may want to consider whether to include a variance provision which would
allow for longer-term relief from the noise ordinance for pre-existing facilities that
may require significant modification to come into compliance. This is as opposed
to event-based permits. We can specify conditions for granting such a variance,
with limits, and milestones. Conditions for revocation could be specified for non-
performance or bad faith.]
§ 240-175. Penalties for offenses; presumptions.
A. Any person who shall violate any provision of this chapter shall be punishable by
a fine not to exceed $500 or imprisonment of not more than 15 days, or not more
than 100 hours of community service or any combination of such fine and
imprisonment and not less than $100 or 25 hours of community service;
provided, however, that a person who shall violate any provision of this chapter
after having been convicted of a violation of any provision of this chapter within
the preceding three years shall be punishable by a fine not to exceed $750 or by
imprisonment of not more than 15 days, or not more than 125 hours of
community service or, any combination of such fine and imprisonment and not
less than $200 or 40 hours of community service; and further provided that any
person who shall violate any provision of this chapter after having been convicted
two or more times of a violation of any provision of this chapter within the
preceding three years shall be punishable by a fine not to exceed $1,000 or by
imprisonment of not more than 15 days, or not more than 125 hours of
community service, or any combination of such fine and imprisonment, and not
less than $300 or 50 hours of community service. For any penalties of community
service, the court may accept community service from people other than the
defendant whom the court deems appropriate, such as other residents of the
premises or others who choose to accept responsibility for the violation. In
assessment of the above penalties, aggravating factors shall include but not be
limited to the presence of the following factors:
(1) A common source of alcohol such as a keg;
(2) A live band or disc jockey or other live entertainment;
(3) Amplified sound emanating from speakers placed or directed outside of the
building;
16
(4) A charge to gain entrance into the premises or to consume alcohol;
(5) A violation of § 250.8 (public urination) of this Code on the premises;
(6) The offense takes place after midnight on weekdays and 1:00 a.m. on weekends
and before the following 6:00 a.m.;
(7) More than 25 guests on the premises, "guests" being defined for the purposes of
this section as any people who do not reside at the premises;
(8) Any underage person or persons possessing or consuming alcohol on the
premises, each underage person constituting a separate aggravating
circumstance;
(9) More than one complaint made to the police about the noise, each complaint
after the first being a separate aggravating circumstance.
B. For purposes of this chapter, for any offense that takes place on private property,
if the person or persons directly responsible for the activity that violates any
provision of this chapter cannot be determined, then all residents of the property
on which the activity takes place shall be presumed to be responsible for the
violation.