HomeMy WebLinkAbout10-08-14 Planning and Economic Development Committee Meeting AgendaPEDC Meeting
Planning and Economic Development Committee
Ithaca Common Council
DATE: October 8, 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
a) Public Hearing – Revisions to Noise Ordinance
b) Special Presentation – Local Hotel Market
3) Public Comment and Response from Committee
Members
4) Announcements, Updates, and Reports
a) Noise Ordinance Reform
b) CIITAP Review
5) Action Items – Approval to Circulate
a) Cornell Heights Rezoning
6) Discussion
a) Housing and Development in Ithaca
7) Review and Approval of Minutes
a) September 2014
[ª TO BE SENT SEPARATELY]
8) Adjournment
No
Yes
No
No
No
Yes
No
Yes
Chair, Seph Murtagh
Bruce Stoff, Visitors Bureau Director
JoAnn Cornish, Planning Director
Jennifer Kusznir, Planning Staff
All
All
6:00
6:15
6:30
6:45
7:00
7:30
7:55
8:00
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, October 7, 2014.
§ 240-1Title.
This chapter shall be known and may be cited as the "City of Ithaca Noise Ordinance."
§ 240-2Purpose.
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.
§ 240-3Definitions.
[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:
ANSI
The American National Standards Institute or its successor bodies
A-WEIGHTED SOUND LEVEL
The sound pressure level in decibels as measured on a sound level meter using
the A-weighted network. The level so read is designated "dBA". " All references
to "decibel" shall be presumed to mean "dB(A)" unless otherwise specified.
COMMERCIAL USE PROPERTY
Any premises containing businesses where sales, offices, professional services, or
other commercial use is legally permitted.
CONTINUOUS SOUND
Any sound that is not impulse sound.
DAYTIME HOURS
The hours between 7:30 a.m. and 10:00 p.m., local time, on any day.
dBA
The A-weighted sound level in decibels.
DECIBEL
A unit for measuring the volume of a sound, equal to the logarithm of the ratio
of the sound pressure of the sound to the sound pressure of a standard sound
(0.0002 microbar); abbreviated "dB."
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.
INDUSTRIAL” USE PROPERTY
Any premises engaged in the manufacturing. processing, production, or shipping, of
equipment or materials, including storage yards, shall be considered industrial use,
where legally permitted.
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.
MULTI-USE PROPERTY
Any distinct parcel of land that is used for more than one category of activity
(e.g., commercial and residential).
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 association or an
organization, including but not limited to officers, directors, employees, agents
and/or independent contractors thereof; or any legal entity whatsoever.
REAL PROPERTY LINE
Means either (a) the vertical boundary that separates one parcel of property (i.e.,
lot and block) from another residential or commercial property; (b) the vertical
and horizontal boundaries of a dwelling unit that is part of a multi-dwelling unit
building; or (c) on a multi-use property as defined herein, the vertical or horizontal
boundaries between the two portions of the properties on which different
categories of activity are being performed.
RESIDENTIAL USE PROPERTY
Any property used for human habitation, unless habitation is a condition of
employment, including, but not limited to:
1. private property used for human habitation;
2. Commercial living accommodations and commercial property used
for human habitation;
3. Recreational and entertainment property used for human
habitation;
4. Community service property used for human habitation.
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-LEVEL METER
An instrument that conforms to ANSI S1.4-1983 or its successors.
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.
§ 240-4Unreasonable 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 business. Factors to be considered in determining whether
unreasonable noise exists in a given situation include but are not limited to any or all of
the following:
(1)
The intensity of the noise.
(2)
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.
(4)
The intensity of the background noise, if any.
(5)
The proximity of the noise to sleeping facilities.
(6)
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.
(7)
The time of the day or night the noise occurs.
(8)
The time duration of the noise.
(9)
Whether the sound source is temporary.
(10)
The existence of complaints concerning the noise from 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 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.
§ 240-5Purpose 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 that will authorize particular
sound sources.
§ 240-6Radios, television sets and similar sound-amplifying devices. Devices for
sound amplification, production and reproduction.
A.
It 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
equipment in a loud, annoying or offensive manner such that noise from the device
interferes with the comfort, repose, health or safety or members of the public or
recklessly creates a risk thereof, within any building or, outside of a building, at a
distance of 25 feet or more from the source of such sound or interferes with the
conversation of members of the public who are 25 feet or more from the source of such
sound.
[Amended 9-1-2004 by Ord. No. 2004-13]
B.
"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.
(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.
§ 240-7Parties 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]
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.
§ 240-8 Maximum Permissible Sound Levels .
In addition to prohibitions set forth elsewhere in this chapter, the following
general prohibitions regarding sound levels shall apply in determining
unreasonable noise:
(1) No person shall operate or cause to be operated any source of sound from any use
occupancy in such a manner as to create a sound level which exceeds the limits set
forth in the receiving use occupancy category in Table I, when measured at or within the
property line of the receiving property.
A. Continuous Sound
The limit in Table I may not be exceeded by incidents representing the normal, usual
operation of the sound source, during any three or more sampling intervals, the duration
of which shall be no less than one half minute, within any one hour period. If the total
duration of the sound under investigation is less than one and one half minute, the
requirement for a minimum of three measurements shall be waived.
TABLE I
MAXIMUM PERMISSIBLE SOUND LEVEL LIMITS
BY RECEIVING LAND USE
dB(A)
Residential1
7:00 a.m. -
10:00 p.m.
Residential2
7:00 a.m. -
10:00 p.m.
All Residential
10:00 p.m. –7:00 a.m.
Commercial
24 hours
Industrial
24 hours
OUTDOORS
60 65 50 65 75
INDOORS
50 55 40 55 65
1. Residential receptor not within a commercial or industrial zone, or within 200 feet of such
a zone.
2. Residential receptor within a commercial or industrial zone, or within 200 feet of such a
zone.
1. The indoor permissible sound level limits only apply if the sound source is on or
within the same property as the receiving property, as in the case of a multi-dwelling
unit building or a multi-use property (e.g., sound generated within a commercial unit of a
multi-use property building and received within a residential unit of the same building).
In addition, indoor measurements shall be taken if the property line between the
receiving property and the source property is a common wall, floor or ceiling
B. Impulsive Sound:
No person shall make, cause, allow or permit the operation of any impulsive source of
sound within any and all property in the city which has a maximum sound pressure level
in excess of eighty (80) dBA, when measured at or within the real property line of the
receiver. If an impulsive sound is the result of the normal operation of an industrial or
commercial facility and occurs more frequently than four (4) times in any hour the levels
set forth in Table 1 shall apply.
(2) Sources of Sound on Ithaca Primary Commons or Any City Park
In addition to those specific prohibition set forth in Table 240-1, no person shall make,
cause, allow, or permit any source of sound on the Ithaca Primary Commons or any city
park that exceeds 70 dBA during daytime hours and 60 dBA during nighttime hours
when measured at a distance of 25 feet or more from the source.
(3) Commercial establishments serving alcohol or food, or presenting live or
recorded musical performances
A. In addition to those specific prohibition set forth in Table 240-1, 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.
§ 240- 9 Other Prohibited Acts
A. Unamplified human voice.
(1) 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 levels 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.
(2) 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.
§ 240-9 B Machinery.
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.
§ 240-10 C. Construction during nighttime hours.
A. (1)
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.
B. (2)
This section shall not be deemed to prohibit:
(1) a.
Work of an emergency nature.
(2) b.
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.
§ 240-10. Motor Vehicles
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.
§ 240-11 11 Applicability of section.
Section 240-6, 240-7, 240-8 and 240-9 shall be applied in addition to § 240-4.
§ 240-12 Severability
If any provision of this ordinance is held to be unconstitutional or otherwise invalid by
any court of competent jurisdiction, the remaining provisions of the ordinance shall
not be invalidated.
§ 240-12Continuing 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.
§ 240-13Horns and alarms. Exceptions
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.
The provisions of this chapter shall not apply to:
A. Sound and vibration emitted for the purpose of alerting people in an emergency or in
the performance of the response to an emergency.
B. Sounds connected with any authorized carnival, fair, exhibition, parade or
community celebration or from any municipally sponsored celebration, event, activity or
individually sponsored event where a permit or other relevant permission has been
obtained from the City.
C. The operation or use of any bell, chimes, or other instrument from any church,
synagogue, temple, mosque or school licensed or chartered by the State of New York,
provided such operation or use does not occur nighttime hours.
D. Sounds created by any government agency by the use of public warning devices.
E. Noise from domestic power tools, lawn mowers, leaf blowers and agricultural
equipment when operated with a muffler between the hours of 8:00 a.m. and 8:00 p.m.
on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal holidays, provided
they produce less than 75 dBA at or within any real property line of a receiving
residential property.
F. Noise from snow blowers, snow throwers, and snow plows when operated with a
muffler for the purpose of snow removal.
G. Noise from an exterior burglar alarm of any building or motor vehicle provided such
burglar alarm shall terminate its operation within five (5) minutes after it has been
activated.
H. Sounds created by any governmental agency or railroad agency by the use of public
warning devices or created by public utilities in carrying out the normal operations of
their franchises.
§ 240-14Permit 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 exists, 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 create
unreasonable noise or otherwise fail to comply with the provisions of this chapter, such
person must secure a permit pursuant to SubsectionD of this section.
B.
Where any person uses or plans to use any sound-amplifying equipment 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 for others to the Mayor, or his/her designee. 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[1]]
[1]:
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[2]]
[2]:
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[3]]
[3]:
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
§ 240-15 Variances
A. The Mayor may grant an individual variance from the limitations prescribed in this
article whenever it is found, after a public hearing before a Hearing Officer and upon
presentation of adequate proof, that compliance with any part of this article will
impose an undue economic burden upon any lawful business, occupation or activity,
and that the granting of the variance will not result in a condition injurious to health
or safety.
B. Any variance, or renewal thereof, shall be granted within the requirements of division
(A) of this section and for time periods and under conditions consistent with the
reasons therefore, and within the following limitations:
1. If the variance is granted on the grounds that compliance with the particular
requirement or requirements will necessitate the taking of measures which,
because of their extent or cost, must be spread over a considerable period of
time, it shall be for a period not to exceed such reasonable time as, in the
view of the Mayor, is requisite for taking of the necessary measures. A
variance granted on the ground specified in this division shall contain a
timetable for taking of action in an expeditious manner and shall be
conditioned on adherence to the timetable; or
2. If the variance is granted on the ground that it is justified to relieve or prevent
hardship of a kind other than that provided for in division (1) of this division
(B), it shall be for not more than one year.
C. Any person seeking a variance shall file a petition for variance and a $50 filing fee
with the Mayor. The Mayor shall submit the petition to the Hearing Officer to conduct
a public hearing after notice has been provided in accordance with this section and
to make the final decision regarding the granting of the variance. The Hearing Officer
shall conduct the hearing and accept documentary and testimonial evidence in
accordance with accepted administrative hearing procedures.
D. Written notice of the public hearing shall be mailed by the Hearing Officer at least 10
days prior to the hearing to:
1. the petitioner;
2. the petitioner’s agent;
3. the owners as shown by the records of the City Assessor of lots comprising the
site of the variance and lots within 100 feet, excluding public right-of-way, of
the site of the variance;
4. any neighborhood association if the site of the variance is within the
neighborhood association’s boundaries or within 100 feet of the neighborhood
association’s boundaries, excluding public right-of way.
5. any other person or entity that has filed with the Mayor a request to receive a
notice of the variance proceeding.
E. The notice of hearing shall set forth the name and address of the petitioner, the
location of the site of the variance, that the petitioner has requested a variance from
this ordinance, the nature of the requested variance, and that part of the ordinance
that would be-waived if approved.
F. Following the hearing, the Hearing Officer shall render a written final decision
including findings of fact and conclusions of law. The Hearing Officer shall mail the
decision to all parties of record. The exclusive remedy for any parties to the
administrative proceedings described in this paragraph shall be a petition for writ of
certiorari to the [appropriate] Court. The petition for review shall be limited to the
record made at the public hearing described herein.
§ 240-16 Right of entry
Upon presentation of proper credentials, and with the consent of the occupant or the
consent of the owner of any building, structure, property or portion thereof, or pursuant
to a lawfully issued warrant, the Mayor or the Mayor's designee may enter at all
reasonable times, any building, structure, property or portion thereof whenever
necessary to make an inspection to enforce or determine compliance with the
provisions of this chapter. The occupant or owner of the property shall cooperate in the
investigation, possibly including a brief cessation of the sound source, unless they can
demonstrate that an unreasonable hardship would result.
§ 240-17 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;
(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.
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Projects in the City of Ithaca for 2014 Site Plan Review, Building Permits, and/or Construction
September 8, 2014, Prepared by JoAnn Cornish
Development Projects
Aurora Street South, 620, Chainworks District Redevelopment Project, The proposed Chain
Works District seeks to redevelop and rehabilitate the +/-800,000 sf former Morse Chain/Emerson
Power Transmission facility, located on a 95-acre parcel traversing the City and Town of Ithaca’s
municipal boundary. The applicant has applied for a Planned Unit Development (PUD) for
development of a mixed-use district, which includes residential, commercial, office, and
manufacturing. The project will be completed in multiple phases over a period of several years with
the initial phases involving the redevelopment of the existing structures. Current redevelopment of
this property will focus on retrofitting existing buildings and infrastructure for new uses. Using the
existing structures, residential, commercial, studio workspaces, manufacturing, and office
development are proposed. Construction start date is unknown – Project under review.
Cascadilla Street, 700, Purity Ice Cream, Mixed-Use Project, The applicant proposes interior
renovations of the existing masonry and steel-framed building, as well as the additional second-story level
to include 2,866 SF of new office space, elevator tower, lobby space, restrooms, mechanicals and an
outdoor terrace seating area. Site work will include: an outdoor patio; pedestrian walkways; new sidewalk
paving and pedestrian areas on Cascadilla Street; reorganization and repaving of the parking area to
include 25 spaces; landscaping; and a wooden guard-rail fence along Fulton Street. The previously-
approved access road from the parking area to Cascadilla Street has been removed, as has the Fulton/Esty
Street parking lot. The 11 space parking lot on Cascadilla Street has been completed as have
the interior renovations to the ice cream parlor. The renovations to the remainder of the
building are under construction.
Cayuga Street South, Cayuga Place 2, The applicant is proposing to develop a 15,300 square foot
footprint, 7 story building for 45 units of loft-style apartments; (49,244 GSF total). The site is located to
the east and adjacent to the Cayuga Garage and to the south of the Tompkins County Public Library.
Project is under construction.
Cayuga Street South, Coltivare, (Ground Floor of the Cayuga Street Garage) The project consists
of renovating 17,000 SF of space located at the first floor of the Cayuga Street parking structure. The space
will be occupied by a culinary art institute with an 80-seat restaurant (Coltivare), multi-use space supporting
academic programs, and a large cooking lab and smart classroom dedicated to the educational program.
The project includes exterior façade work for signage and reworking of existing awnings, and lighting.
Approval of the Cayuga Street Garage was originally granted on February 18, 2003, subject to the condition
that all exterior lighting and signage be approved by the Board before installation. Project is under
construction.
Cayuga Street South 222, Holiday Inn Expansion, Phase I of the project (renovations of the existing
tower) is complete. In Phase II, the applicant is proposing to demolish the existing north, south, and west
guest room wings (110 rooms) and construct two new additions. One will be a one-story 13,845 SF
banquet and meeting facility on the north side of the main building; and the other will be a 100’ tall 10-
story tower with a 9,190 SF footprint, featuring 115 new guest rooms and a roof-top entertainment
complex. Two 2-bedroom units of employee housing are also included in the project. Site development
will include: two new curbcuts to make a conference center drop-off; reconfiguration of the parking areas,
resulting in a decrease of 21 parking spaces; removal of 9 mature trees and much of the existing
landscaping along Cayuga Street; new landscaping and sidewalks; lighting; and signage. Exterior finishes
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will include an exterior insulation finishing system (EFIS), brick, stone, and concrete. November 2014
Construction Start Date.
Clinton Street East 130, Apartments The applicant is proposing to construct three 3-story apartment
buildings, each containing 12 units (four on each floor) ― for a total of 36 units and 48 beds. Vehicular
access is from a new service drive commencing at the existing parking lot on Prospect Street. Pedestrian
access will come from two new stairs, one on Clinton Street and the other from the new service drive, both
connecting to a new wooden boardwalk along the west sides of the buildings. The 1.748-acre project site
contains steep slopes and project development will require extensive regrading and removal of a large area
of vegetation, including several mature trees, to form level building pads. Spring 2015 Construction.
College Ave. 307, Collegetown Crossing (Mixed-Use Housing Project), The applicant is proposing
to demolish the existing two-story structure fronting College Ave. and construct a six-story, mixed-use
building with 50 upper-story apartments (103 bedrooms) and approximately 5,500 SF of ground floor retail
space. The applicant is proposing to construct a through-block pedestrian walkway and incorporate a
TCAT bus stop into the building façade. The existing residential structure on Linden Ave. will be retained;
however, the back porch will be removed. The proposed project will remove the existing 15 parking
spaces on site. Undergoing Site Plan Review – Fall 2014 Construction.
College Ave. 140, Student Housing Addition, The applicant is proposing to construct a three-story
addition on the south side of the building, incorporating the footprint of an existing one-story garage. The
addition, which will function as an independent dwelling unit, will have a gross floor area of 3,800 SF and
will match the three stories and walk-out basement level of the existing building. The property has an
existing grandfathered 6-space parking area, which is being reduced to 4 spaces due to the addition. The
layout of the new parking area includes a landscape buffer/trellis with bike racks on Cook Street. Fall
2014 Construction
The Commons, Harold Square (Downtown Mixed-Use Project), The applicant is proposing to
develop a 137-foot tall, 10-story, mixed use building of approximately 132,000 GSF. The project will
include one story (11,000 SF) of ground floor retail, three stories (41,200SF) of upper-story office space,
and six stories of residential space (up to 72 units). The residential portion of the project is in the tower,
set back 75’ from the building’s four-story Commons façade. The building will have two main entrances,
one on the Commons and one facing Green Street, with an atrium linking the two streets. Construction
start date on hold pending financing.
The Commons, Marriot Hotel, The applicant is proposing the construction of a new 160+/- room hotel
with restaurant, lobby, and other space in support of a hotel operation, in a building encompassing
96,075+/- sq. feet in 10 stories with a portion of the upper stories extending 12’ over the Green Street
garage. The main (pedestrian) entrance is proposed to be on the Commons with the vehicular entrance on
Aurora Street. Parking and additional entrances will be provided from the parking decks at the Green
Street garage. The site is located adjacent to the east end of the city-owned Green Street Garage. Fall
2014 Construction Start Date
Cornell University Campus, Gannett Health Services Facility, The applicant proposes to build two
additions to the existing building for a total expansion of 73,600 SF. One addition will be a 4-story, 55,000-
SF building facing Campus Road and connected to the two wings of the health center. The second addition
will be 18,600 SF on the southeast corner of the existing building. The project also includes construction of
a new entrance on Ho Plaza and internal renovations. Site development includes a revised drive off Campus
Road, landscaping, site amenities, and utility improvements. Review complete, Construction Start Date
Spring 2015.
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Cornell University Campus, Klarman Hall, The applicant proposes to construct a 67,511 SF addition
(Klarman Hall) to the rear of Goldwin Smith Hall, as well as add dormers and re-roof the building. Klarman
Hall will contain classrooms, office space, a 330-seat auditorium, and an enclosed public gathering space.
The two buildings will be connected by enlarging five existing windows on the ground floor of the
hemicycle of Goldwin Smith Hall. The proposed design makes extensive use of glass, both for exterior
walls and the roof, and includes green roofs and multiple outdoor terraces on several levels. The project
includes landscaping, outdoor seating areas, and reconstruction of the sidewalk contiguous to the building
site. The project site is located in the lawn area behind Goldwin Smith Hall and East Avenue. Project is
under construction.
Cornell University Statler Hall, Entry Renovations & Second Floor Infill, The applicant proposes to
infill the second-floor atrium area to create academic program space and increase energy-efficiency in
winter. A major goal for the entry renovation is to create a sustainable and long-lasting structure, which
will deal with air infiltration effectively and efficiently by not allowing excessive heat loss and by
conditioning the air captured in an adjusted volume of space. The design reconfigures the entry and re-
orients the entrance doors towards the south. The project adds 319 SF to the ground floor and 1,300 SF
to the second floor, and aims to provide a consistent architectural vocabulary with the recently renovated
parts of Statler Hall along Campus Road and Statler Drive. The project also includes a new sidewalk and
corner treatment, outdoor gathering space, seating, and lighting. Project is under construction.
Dryden Rd., 205, Student Housing Project, The applicant proposes to demolish the existing wood-
frame structure and construct a 64’ six-story, plus basement, mixed-use building with a footprint of 3,655
SF. The bottom floor will have 2,112 SF of retail space to be occupied by the business currently on site.
The upper five floors will have two four-bedroom apartments per floor, for a total of 10 apartments and 40
bedrooms/occupants. The building includes an inner court for light and ventilation, located on the west
side of the building. Building construction will require a steel-pile foundation system. The project site is in
the M-U2 Zoning District. In compliance with district regulations, the building is set back 5 feet from the
front property line. Fall 2014 Construction.
Eddy Street 327, Mixed-Use/Apartments, The applicant proposes to demolish an existing two-story
structure and construct a six-story apartment building with 1,800 square feet of commercial space on the
ground floor. The building will have 28 units in a mix of sizes and approximately 64 occupants. Due to a
twenty-eight foot grade change on the small site, the building will be constructed in three six-story sections.
The building features light wells on the north and south sides. Exterior finishes include brick, colored metal
panels and limestone. Fall 2014 Construction.
Falls St. West 128, Housing Units, The applicant is proposing to construct one single-family home and
two duplexes. The project includes eight off-street parking spaces, two driveways, sidewalks/walkways, and
landscaping. Spring 2015 Construction.
State Street East 320 – 324, Hampton Inn Hotel, The applicant is proposing to build a six-story, 70’
tall hotel with 120 guest rooms. The ground floor will include a breakfast room, a bar/lounge, meeting
rooms, fitness area, pool, and an approximately 2,000 SF retail/restaurant space. Exterior finishes include
stone and brick veneers, metal panels systems, and aluminum windows. The site layout features a drop-off
area with a glass and aluminum porte-cochère, a 12-space parking area, bike racks and walkway accessible
from State Street, and a pedestrian entrance to the hotel and retail space on Seneca Way. Spring 2015
Construction.
State Street East, 314-320, Carey Building, Renovations & Addition, The applicant proposes to
add 5 floors to the existing 2-story building. The addition will have approximately 3,600 SF of office space
on the 3rd floor and 14-16 micro-apartments on the 4th and 5th floors. Design plans call for stepping the
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building back and providing 2-3 larger units on the 6th and 7th floors. The owner intends to retain retail
use on the 1st floor and renovate the 2nd floor for office space, and to provide a new entrance on the north
façade of the building. The proposed building includes outdoor terraces on the 3rd and 6th floors. The
project is in the CDB-60 and CDB-100 Zoning Districts, and requires an Area Variance for height.
Undergoing Site Plan Review – Fall 2014 Construction.
Stone Quarry Rd., 400, Stone Quarry Apartments, The applicants propose to construct 35 units
of new rental housing that will be affordable to low- to moderate-income households. The units will
be in one 3-story building and two rows of 2-story townhouses. Site improvements will include a 37-
space parking area, pedestrian walkways throughout, a recreation area with a playground, basketball
court, a lawn, and landscaping. The applicants are also proposing to install a sidewalk, tree lawn,
and street trees along the property on Spencer Rd. The project site consists of three separate tax
parcels in the R-2a and B-5 Zoning Districts, currently all containing commercial uses. Project
development will require lot subdivision, and potential consolidation. Fall 2014 Construction.
Taughannock Blvd. 323, Mixed Use Project, The applicant proposes to redevelop the 10,592-SF
parcel, which currently contains a vacant 1-story building (formerly known as the Tradewinds Lounge) and
approximately 10 surface parking spaces. The proposal is to develop a new 3-story mixed-use building
with ground-floor office space, bike storage, 18 covered parking spaces, and 20 1- and 2-bedroom market-
rate residential apartments on the 2nd and 3rd floors. Site amenities include a rooftop terrace, a publicly-
accessible pedestrian promenade contiguous to the Old Cayuga Inlet, lighting, signage, landscaping, and
site furnishings. The applicant also proposes to make changes to the adjacent City parking lot in front of
the building to allow better ingress and egress, provide 4 additional City-owned parking spaces (9 total), a
public sidewalk directly in front of the building, and 2 planting islands with large shade trees. Project
undergoing Planning Board Approval.
Thurston Ave. 312, Thurston Avenue Apartments, The project includes the construction of four 3-
story residential buildings at the corner of Thurston Avenue and Highland Avenue on a 1.43-acre portion of
a larger site. The project will result in twenty-four parking spaces (including two handicap spaces) and
associated loading, walkways, landscaping, storm drainage, and site amenities. The proposed site plan
includes a new porous asphalt parking lot, site lighting, and an interconnected walkway system. A
concrete walk is proposed to parallel the driveway, while a more informal stonedust trail is proposed to
traverse the hill and link to the intersection of Highland and Thurston Avenues. Benches and bike racks
are located at building entrances. Curving stone walls are proposed along the base of the hill along
Highland Avenue, to serve as tree wells and preserve existing trees, and to serve as benches, creating a
natural park-like atmosphere at the street intersection. The patio at the terminus of the parking lot
accommodates fire truck turn-around space. Site development will require the removal of vegetation on
most of the 1.8-acre site, including many mature trees. Project is under construction.
Approved – No Construction Start Date
Cascadilla St., 800, Rick’s Rental World, Building Renovations & Site Improvements. The
applicant is proposing to construct a 45x54’ (2,430 SF) metal building to the south of the existing
structure. The new building will house the main entry, showroom, and offices. Site improvements will
include the installation of a new 6-space parking area (with one ADA-compliant space) and paving on the
west side of the new and existing buildings, a new loading dock, bike rack, landscaping, and signage.
Construction will require removal of the existing brick addition on the south side of the building, and the
existing prefabricated building and loading dock on the west side of the building.
Elmira Rd. 308 Maguire Fiat (formerly, GreenTree Nursery), The applicant proposes to remove the
existing 1,300 SF building (formerly, GreenTree nursery) and construct a new 8,165 SF building (GSF
10,210, including 2nd floor office space). The new building will include a showroom, customer service area,
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offices, and service bays. The site work will include: the addition 15 new parking spaces; 4 display spaces
facing Elmira Road; 6 customer parking spaces at the front and side of the building; and 5 service and
employee spaces at the rear of the building. Site development will require removal of all accessory
structures, vegetation, and chain-link fence. The applicant is proposing to: close the continuous curbcut
along the access drive; add landscaping and additional street trees; and add two planting islands with
shade trees on the adjacent property.
Elmira Rd. 371, 4-Story Hotel (Tax Parcels #128.-2-7.1 & #128.-2-8.11) The applicant proposes
to construct a 4-story, 11,769-SF hotel with approximately 76 rooms and 76 parking spaces. The 1.4-acre
project site contains two contiguous tax parcels, containing a +/-7,500-SF commercial office building
fronting Elmira Road, and an auto-body shop in the rear ― with access from Spencer Road and large
paved parking areas. Project development will require demolition of both buildings and removal of
approximately 0.25 acres of vegetation. Site improvements include retaining walls, a privacy fence,
walkways landscaping, lighting, and bike racks.
State Street West 527, Cornell Laundry Annex Shipping/Receiving, The applicant proposes
to construct a one-story, 2,304 SF distribution and storage facility, at the rear (Green St. side) of the
existing building. The proposed building will have four loading bays and a forklift entry on the east
façade. The project also includes relocation of a utility pole, installation of a vegetative screen, and a
rolling gate at the southwest corner of the building.
Projects Pending
Lake Street 123, Ithaca Gun Apartments
Ridgewood Road 7, Student Housing, The applicant proposes to construct three 3-story residential
buildings with a total of 45 units and 114 beds on the 2.43-acre parcel. A total of 57 parking spaces is
proposed, of which 44 will be under the buildings and 13 will be surface parking screened with a pergola.
Bicycle parking and trash receptacles will also be underground. Building design is based on a Prairie
architectural style and will feature green roofs. Site development includes construction of an access road,
retaining walls, raised walkways, exterior common spaces, landscaping, lighting, signage, and other site
amenities. Vehicle access is proposed via a driveway on Ridgewood Rd., and pedestrian access via
walkways to both Ridgewood Rd. and Highland Ave. The site is largely undeveloped woodland, with an
abandoned pool and small adjacent outbuilding. Construction will require removal of 95 trees and 1.4
acres of associated vegetation. The eastern side of the parcel, along with a neighboring parcel at 150
Highland Avenue, will be maintained in an undeveloped state.
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 Planning and Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner From: Jennifer Kusznir, Economic Development Planner
Date: September 30, 2014 Date: September 30, 2014
Re: Proposal to Amend R-U Zoning District Re: Proposal to Amend R-U Zoning District
The purpose of this memo is to provide information regarding a proposal to make amendments to
the RU Zoning District.
For several months a working group of Common Council, Planning, and Building Staff members
has been meeting to discuss the RU Zoning District. Recent development proposals have
highlighted the fact that the allowable build out according to the existing zoning is in conflict
with the desire to maintain the historic qualities and existing character of this neighborhood.
This particular district, unlike Ithaca’s other historic districts, was developed as a planned
“residence park,” with significant amounts of informal landscaping and green space in the
Romantic tradition, intentionally included around its substantial homes to create a unique
neighborhood identity and is zoned as a low density neighborhood in the new comprehensive
plan. The working group has begun to identify use and area requirements for responsibly
developing the area that will uphold these intents and preserve these important qualities.
The following amendments in red are the proposed amendments to the RU Zoning District:
General Intent
The intent of the amendments to the RU Zoning District are to allow for future development that
will preserve the open space, park like character and historic quality of the existing
neighborhood and will create a natural transition to the adjacent R-2b Zoning District.
Permitted Primary Uses
1. One-family detached, semi-detached or attached dwelling.
2. Any use permitted in R-1 and R-2.
Permitted Uses 3-8 are restricted to 1 every 500’
3. Multiple dwelling.
4. Rooming or boardinghouse.
5. Cooperative household.
6. Fraternity, sorority or group house.
7. Dormitory.
8. Townhouse or garden apartment housing.
By Special Permit of Board of Appeals:
9. Uses 5-7 under R-1 *
10. Nursery school, child day care center.
11. Bed and Breakfast Homes and Inns.
* Cemetery and Related Building, Public Utility Structures, except offices, All School
and Related Buildings)
Minimum Lot Size
Area in Square Feet
1. One-family detached dwelling: 10,000
2. One-family semi-detached or two-family dwelling: 15,000.
3. One-family attached dwelling: 16,500 for first 1-3 units plus 1,500 for each additional unit.
4. Multiple dwelling: 16,500 for first 1-3 units +1,500 for each additional unit.
5. Fraternity, sorority or group house: 30,000 (was 25,000).
6. Other uses: 30,000 (was 10,000).
Width in Feet at Street Line
1. One-family detached dwelling: 75.
2. One-family semi-detached or two-family dwelling: 100.
3. One-family attached dwelling: 125.
4. Multiple dwelling: 125.
5. Fraternity, sorority or group house: 125.
6. Other uses: 125 (was 75).
Maximum Building Height
Number of Stories- 3 (was 4).
Height in Feet – 40.
Maximum Percent Lot Coverage by Buildings
Lot Coverage 25% (was 30%).
50% of the developable lot area, after the required setbacks have been calculated must be
retained as green space.
Yard Dimensions
Front Required Minimum - 25’
Side Minimum – 10’
Other Side Minimum – 10’
Rear Minimum – 50’ or at least 25%, but not less than 30’
If the Committee is in agreement with this concept, staff will circulate a concept memo and will
return next month with any comments that are received. If you have any questions, feel free to
contact me at 274-6410.