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HomeMy WebLinkAbout06-06-12 Common Council Meeting Agenda1OFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, June 6, 2012, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS /AWARDS: 4. SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing to Consider the Adoption of an Ordinance to Amend Chapter 325 the City of Ithaca Municipal Code entitled "Zoning" Regarding Off- Street Parking Regulations in Order to Make them Easier to Understand and Enforce. 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Update from City of Ithaca Youth Council — Jen Handy 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR — COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: City Clerk's Office: 8.1 Kilpatricks Restaurant - Alcohol Permit Request— Resolution 8.2 Appointment of Marriage Officer— Resolution City Administration Committee: 8.3 Common Council Adoption of 2013 PEG Access Studio Capital Budget — Resolution 8.4 Youth Bureau - Request to Amend 2012 Youth Bureau Budget — Youth Employment Services - Resolution 8.5 Request to Amend 2012 Youth Bureau Budget — Recreation Support Services Program - Resolution 9. GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE: 9.1 Update from May 16, 2012 meeting from Chair Mohlenhoff 10. CITY ADMINISTRATION COMMITTEE: 10.1 DPW - Request to Create a Capital Project to Construct New Sidewalk on Cornell Street - Resolution 10.2 DPW - Request to Amend Authorized Personnel Roster for City Forester Position - Resolution Common Council Agenda June 6, 2012 Page 2 10. CITY ADMINISTRATION COMMITTEE CONTINUED: 10.3 DPW - Request to Amend Authorized Personnel Roster for Building Maintenance Mechanics - Resolution 10.4 Finance /Controller's Office - Request to Authorize the Use of Credit Cards - Resolution 10.5 City Controller's Report 11. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 11.1 Adoption of 2012 Action Plan — HUD Entitlement Program 11.2 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled "Zoning" Regarding Amendments to the City's Off- Street Parking Regulations in Order to Make them Easier to Understand and Enforce A. Declaration of Lead Agency — Resolution B. Determination of Environmental Significance C. Adoption of Ordinance 11.3 Authorization of Subdivision and Transfer to the Ithaca Urban Renewal Agency of a Parcel at the Southerly End of Cherry Street A. Declaration of Lead Agency - Resolution B. Determination of Environmental Significance - Resolution C. Authorization of Transfer - Resolution 12. REPORTS OF SPECIAL COMMITTEES: 13. NEW BUSINESS: 14. INDIVIDUAL MEMBER — FILED RESOLUTIONS: 15. MAYOR'S APPOINTMENTS: 15.1 Appointments to Board of Fire Commissioners — Resolution 15.2 Appointment to Conservation Advisory Council - Resolution 15.3 Appointments to Disability Advisory Council — Resolution 15.4 Appointment to Planning and Development Board — Resolution 16. REPORTS OF COMMON COUNCIL LIAISONS: 17. REPORT OF CITY CLERK: 18. REPORT OF CITY ATTORNEY: 19. MINUTES FROM PREVIOUS MEETINGS: 19.1 Approval of the April 4, 2012 Common Council Meeting Minutes — Resolution 19.2 Approval of the May 2, 2012 Common Council Meeting Minutes — Resolution Common Council Agenda June 6, 2012 Page 3 20. If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 274 -6570 at least 48 hours before the meeting. -lLl� C�C)h W(�(_(MI ,Wie Conley Holcomb, CMC City Clerk Date: May 31, 2012 8. CONSENT AGENDA ITEMS: City Clerk's Office: 8.1 Kiloatricks Restaurant - Alcohol Permit Request — Resolution WHEREAS, the City Clerk has received a request to allow Kilpatrick's restaurant to utilize certain areas along North Tioga Street for outdoor dining, and WHEREAS, this use of public property has been deemed proper and successful, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Kilpatrick's restaurant, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2012, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Kilpatrick's restaurant that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. 8.2 Appointment of Marriage Officer — Resolution WHEREAS, a request has been received from former Alderperson Michelle Courtney Berry, who resides in the City of Ithaca to be appointed as a Marriage Officer so that she would be able to officiate a wedding ceremony for friends at the end of June, 2012, now, therefore, be it RESOLVED, That Michelle Courtney Berry, be appointed as a Marriage Officer in the City of Ithaca until June 30, 2012. Consent Items — City Administration Committee: 8.2 Common Council Adoption of 2013 PEG Access Studio Capital Budget - Resolution WHEREAS, the Franchise Agreement between Time Warner Entertainment and the City of Ithaca signed in 2003 authorizes Time Warner Entertainment to collect $0.15 per subscriber per month to be used for the purchase of equipment for the Public, Educational and Governmental (PEG) Access Studio; and WHEREAS, the total capital budget for the life of the ten -year agreement was estimated to be $200,000; and WHEREAS, the Franchise Agreement outlines the creation of an Access Oversight Committee which shall be responsible for approving the timing, use, and amount of PEG access equipment acquired each year over the term of the agreement; and WHEREAS, the Access Oversight Committee has approved a 2013 capital budget in the amount of $31,000.00; and WHEREAS, the Franchise Agreement states that participating municipalities, including the City of Ithaca, must adopt the annual PEG Access Studio budget by June 30 of the preceding year; now therefore be it RESOLVED, That Common Council adopts the 2013 PEG Access Studio budget as approved by the Access Oversight Committee. 8.3 Youth Bureau - Request to Amend 2012 Youth Bureau Budget— Youth Employment Services - Resolution WHEREAS, the Ithaca Youth Bureau has applied for funding through the Tompkins County Workforce Investment Board and may be receiving $145,336.99 in new funding for the Tompkins Summer Youth Employment Program, and WHEREAS, the goal of this program is to provide short-term subsidized internships for low- income eligible teens needing assistance in securing employment; now, therefore, be it RESOLVED, That Common Council hereby amends the 2012 Youth Bureau budget contingent upon confirmation of funding as follows: Increase anticipated revenue from Tompkins County Workforce Investment Board as follows: A7310 -4820 -1202 Youth Employment Service $137,001.87 A7310- 4820 -1400 Administration $8,335.12 Total 5145 336 99 Increase expenses: A7310- 5120 -1202 Part time /Seasonal $112,844.12 A7310- 5125 -1202 Overtime 750.00 A7310- 5425 -1202 Office Supplies 1,450.00 A7310 -5445 -1202 Travel& Mileage 3,214.00 A7310- 5460 -1202 Program Supplies 2,702.50 A7310- 5120 -1400 Part time /Seasonal 1,900.00 A7310- 5420 -1400 Gas & Oil 1,400.00 A7310- 5437 -1400 Credit Card Fees 1,399.62 A7310 -5415 -1401 Clothing 112.50 A7310 -5475 -1401 Property Maintenance 1,700.00 A7310- 5480 -1401 Building Maintenance 1,500.00 A7310 -9030 FICA 8,690.00 A7310 -9040 Workers Compensation 7,674.25 Total 5145 336 99 8.4 Request to Amend 2012 Youth Bureau Budget— Recreation Support Service: Program - Resolution WHEREAS, the Ithaca Youth Bureau's Recreation Support Services Program (RSS) has received $4,400.00 in new funding from a generous donor, and WHEREAS, this funding is intended to cover the additional costs associated with an increased demand for One -to -One Inclusion Assistants for children with disabilities at Cass and Stewart Park day camps; now, therefore, be it RESOLVED, That Common Council hereby amends the 2012 Youth Bureau budget as follows: Increase Revenue Account: A7310- 2070 -1601 Recreation Support Services $4,400.00 Increase Expenses: A7310- 5120 -1601 Part time /Seasonal $3,760.00 A7310 -9030 FICA 288.00 A7310 -9040 Workers' Compensation 352.00 10. CITY ADMINISTRATION COMMITTEE: 10.1 DPW -Request to Create a Capital Protect to Construct New Sidewalk on Cornell Street - Resolution WHEREAS, the Board of Public Works has received a recommendation from the Transportation Engineer to direct sidewalk construction along the west side of Cornell Street, between East State /Martin Luther King, Jr. Street and Eastwood Ave., which was based on repeated requests from neighbors in the surrounding area, and WHEREAS, this block has the only missing sidewalk segment between East State /Martin Luther King, Jr. Street and the Belle Sherman Elementary School, and WHEREAS, on April 2, 2012, the Board of Public Works held a duly advertised public hearing in accordance with Section C -73 of the City Charter, and WHEREAS, costs associated with this project can be apportioned to the abutting three property owners under the Uniform Sidewalk Improvement Policy in accordance with Sections C -73 and C -89 of the City Charter, and WHEREAS, on May 7, 2012, the Board of Public Works declared itself the Lead Agency for environmental review under SEQR/CEQR and found that the project would have no significant negative environmental impact, and WHEREAS, on May 7, 2012, the Board of Public Works directed that sidewalks be constructed by City forces along the west side of Cornell Street, between East State /Martin Luther King, Jr. Street and Eastwood Ave., in accordance with the Uniform Sidewalk Improvement Policy of the City Charter, pursuant to plans and specifications prepared by the Office of the City Engineer, and under the direction of the Superintendent of Public Works, and WHEREAS, the Board of Public Works also requested that Common Council establish a capital project in an amount not to exceed $50,000 to cover the costs of this sidewalk construction, with the understanding that approximately $20,000 of that total will be assessed to the adjoining property owners after construction is complete in accordance with the terms for apportionment and assessment as set forth in the City Charter; now therefore be it RESOLVED, That Common Council hereby establishes Capital Project #779, Cornell Street Sidewalk Improvements, in the amount of $50,000 in order to construct the new sidewalk and related appurtenances, and be it further RESOLVED, That the funding necessary for said project shall be derived from the combination of sidewalk assessments, the issuance of serial bonds, and General Fund Advance, and be it further RESOLVED, That Common Council understands that once the work is complete, city Engineering staff will prepare a statement of actual costs for the Board of Public Works, who, after a public hearing, will recommend an apportionment of adjoining property owners' costs to Common Council, who will ultimately determine the costs to be assessed all in accordance with the Uniform Sidewalk Improvement Policy of the City Charter (currently, staff estimates that the assessable costs will be approximately $20,000 of the $50,000 project cost). 10.2 DPW -Request to Amend Authorized Personnel Roster for City Forester Position - Resolution WHEREAS, the City Forester is a roster position but is currently unfunded in the City budget for 2012, and WHEREAS, the duties of the forester position are essential duties and whose responsibilities are carried out in order to maintain the health of our urban forest while minimizing the City's liabilities that come with this forest, and WHEREAS, the City's Forestry Technician has been working out of title for over one year, taking on the responsibilities of the City Forester when needed, and WHEREAS, construction and development activities have increased dramatically over the last year and created a greater demand for a City Forester such that the demand is now consuming all of the Forestry Technician's time; now, therefore be it RESOLVED, That the Personnel Roster of the Streets & Facilities Division of Public Works be amended as follows: Add: one (1) City Forester and be it further RESOLVED, That the Forestry Technician position, vacated due to a promotion of an employee to City Forester, shall remain on the Department of Public Works personnel roster in an unfunded capacity, and be it further RESOLVED, That the remaining funding of the Forestry Technician position be transferred to fund the City Forester's position and that any additional required funding for said position come from the existing Streets & Facilities budget. 10.3 DPW -Request to Amend Authorized Personnel Roster for Building Maintenance Mechanics - Resolution WHEREAS, The Streets & Facilities Division of the Department of Public Works will have two (2) Working Supervisor vacancies in the Buildings and Grounds section after May 25, 2012, due to retirements, and WHEREAS, due to staff reductions over the last several years the need for the positions of Working Supervisors in this section are no longer essential, and WHEREAS, the duties of a Building Maintenance Mechanic position require specific skills in the area of HVAC /heating mechanics, plumbing, electrical, and carpentry, and WHEREAS, one Maintenance Worker position, not a multi - person crew, will continue to be shared for tasks performed by the new Building Maintenance Mechanic positions; now, therefore, be it RESOLVED, That the Personnel Roster of Streets & Facilities Division of Public Works be amended as follows: Remove: Two (2) Working Supervisor Positions Add: Two (2) Building Maintenance Mechanics and be it further RESOLVED, That funds necessary for said roster amendment will be derived within the existing 2012 Department of Public Works authorized budget. 10.4 Finance /Controller's Office - Request to Authorize the Use of Credit Cards Resolution WHEREAS, City staff has determined that it is necessary to acquire commercial credit card services for approved governmental purposes, and WHEREAS, the City of Ithaca has contracted with JP Morgan Chase for said commercial card services, and WHEREAS, Common Council is required to authorize, by resolution, the use of the commercial cards by authorized City personnel; now, therefore be it RESOLVED, That Common Council hereby authorizes the use of commercial credit cards by authorized City personnel; and be it further RESOLVED, That the list of authorized personnel will be maintained by the Controller's Office and will be reviewed annually. 11. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 11.1 Adoption of 2012 Action Plan —HUD Entitlement Program -Resolution WHEREAS, the City of Ithaca is eligible to receive an annual formula allocation of funds to meet community development needs through the HUD Entitlement program from the Community Development Block Grant program (CDBG) and the Home Investment Partnerships program (HOME) funding sources, and WHEREAS, the City submits an Action Plan each year to HUD to access the Entitlement Program funding allocated to the City, and WHEREAS, the 2012 Action Plan identifies a specific list of budgeted community development activities to be funded from the 2012 HUD Entitlement allocation, and WHEREAS, the adopted 2012 Action Plan was developed using the allocation level below: $703,124 CDBG $486,909 HOME $1,190,033 Total , and WHEREAS, $142,000 in program income is projected to be received from loan repayments in program year 2012, which funding is also allocated as part of the 2012 Action Plan, and WHEREAS, additional funds are available to be allocated through the 2012 Action Plan which includes $966.30 of unallocated 2011 HOME funds, and WHEREAS, the IURA utilized an open and competitive project selection process for development of the 2012 Action Plan in accordance with the Citizen Participation Plan, now, therefore be it RESOLVED, That Common Council hereby adopts the attached table titled the'IURA Recommended Action Plan'— dated April 16, 2012, allocating the projected 2012 HUD Entitlement award along with the additional funds available, as listed above, and be it further, RESOLVED, That should the IURA determine that any of the proposed projects in the Action Plan encounter feasibility issues that would hinder their timely completion or adversely affect their eligibility prior to the HUD submission deadline, the Common Council authorizes the IURA, upon approval by the Mayor and the Chair of the Planning & Economic Development Committee, to make adjustments in the application to resolve feasibility and eligibility concerns, and be it further RESOLVED, That Common Council for the City of Ithaca hereby renews its designation of the Ithaca Urban Renewal Agency (IURA) as the lead agency to develop and administer the HUD Entitlement program on behalf of the City of Ithaca, and be it further RESOLVED, That the Urban Renewal Plan shall be amended to include activities funded in the adopted 2012 Action Plan. 11.2 A. Declaration of Lead Agency — Resolution 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 Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of the proposed amendments to the Off Street Parking Ordinance. B. Determination of Environmental Significance - Resolution WHEREAS, the City of Ithaca is considering an amendment to Chapters 325 of the City Code Regarding the City's Off - Street Parking Ordinance, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), and WHEREAS, this zoning amendment has been reviewed by the Tompkins County Planning Department Pursuant to §239 -1 —m of the New York State General Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and has also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is an "Unlisted" Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the SEAF prepared by planning staff, now, therefore, be it 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, and be it further 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 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. e�., l 51;'111' 11.2 C. Adoption of Ordinance ORDINANCE NO. 2012- BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 (Zoning) of the Municipal Code of the City of Ithaca is hereby amended as follows: Section 1. Chapter 325, Section 325-2, entitled "Statutory authority and purpose,' is hereby amended to read as follows: 325-2. Statutory Authority and Purpose. This chapter is enacted pursuant to the authority and provisions of the General City Law to promote public health, safety and welfare and the most desirable use of land and to conserve the value of buildings and enhance the value and appearance of land throughout the City. Each article and section in this chapter is intended to operate and be interpreted - in the context of the Chapter as a whole, and in relation to other applicable articles and sections (including the definitions 6325 -3 Ire District Regulations Chart and the special, overriding limitations ' that are placed upon non- conforming uses and structures by Article III) rather than separately or independent Section 2. Chapter 325, Section 325-3, entitled 'Definitions and Word Usage;' is hereby amended to change the definition of "Structure," to read as follows: 325-3. Definitions and Word Usage. STRUCTURE — Anything that is constructed or erected on the ground or upon another structure or building. Section 3. Chapter 325, Section 325 -88, entitled "General Notes Pertaining to Regulation" is hereby amended by adding the following: (2)For special conditions on development of property in R -3 that directly abuts R -1, See section 325-ge(2) (,1glSee Section 325- 8A(15) for applicability of minimum height regulations. "Notwithstanding any provisions contained in this Chart, any non - conforming use or structure is subject to the special, overriding limitations placed upon it by Article Ll of this ordinance. Mane : Fc t'. (WaUll) Anal rarmattm: Fml, (D,Wnl 1W, I SOkeM h epJ : olelriq ReWaboos Chen mi,IM:10 _ Damao: 11 Dean: 11 Me :2 Daerm: 12 ftia :3 eIIHM: IV Dale d:11 Rrr;wd'. smnop Section 4. Chapter 325, subsection 325- 9(c)(1),entitled "Special Permits,' is hereby amended to add the following sub - subsection and to amend district regulations chart to note that a special permit is permitted. Section 5. Chapter 325, Section 325 -20, entitled "pff- Street Parking: is hereby amended as follows: 11) Subsection B is hereby amended to read as follows: B..Applicability. Except as specified in § 325-8, the District Regulations Chart, which is available in the City Clerk's office, §,325 -20 shall, after the effective dale, govern the creation, alteration or expansion of all off - street parking areas. Section 325 -20 shall also govern the maintenance of all off- street parking areas. D. General requirements. (1) Required submissions and approvals (a) Site plans and building permit. In all zoning districts, no parking area or driveway may be constructed, added to, altered, or resurfaced (except for routine repairs in kind or other minor alterations of an existing parking area, other than resurfacing, that do not change the parking area or driveway's size, capacity, configuration, or drainage characteristics) until a building permit therefore has been issued by the Building Commissioner. All such building permits shall be in accordance with this chapter's requirements. Prior to obtaining a building permit, the applicant must submit two dimensioned plans, drawn to scale, one indicating the existing conditions, and one that indicates the proposed conditions, including the locations of all of the green areas, parking areas, associated maneuvering areas and driveways, any required screening, direction of ground slope, and drainage provisions, and includes a calculation in square feet of the area of paving and the area of the yard in which paving already exists or is proposed to be constructed. (b) Certificate of appropriateness. Any proposed parking development in areas under the jurisdiction of the Ithaca Landmarks Preservation Commission must obtain a certificate of appropriateness from the Commission before a building permit can be issued. oemrea: S Dili starim. for skean ckrdnlom km I Barnet al:I.t left M, Harglrq: 1.13" etleN4: of Farmrtl J: Font (Wault) Anal Mliel § 32&M OMMrmt 1 karklny. otletea: tl _ ForM": Print (Maul[) Nel, Na eole wrmalrli Font Icefaup a,al FormalCm: FOnt'. (@fault Anal o4alee:am o,,. 10 ila lrr,,,i �kr an r, celo. rormann]: Fmt (lkfamc) Anal, 1,,,­ clear Formari Fiat (�auln anal FOrmatteJ: fool: (nef _.._ a _.. uln Anal FOrmalhE: Fort. (Da lb Aral Fmma[trd: Fort: (Odamp anal, Na Wild F.Mild: Font (Defauln Anal, Not Ba J, Fax color: Black Fkmultrd: FOnt (cefaul[) Anal, Rw. 5,1/_11, (c) Site plan review. The creation or expansion of pff- street parking areas is also subject to site W plan review, unless such development falls below the applicability thresholds set forth to [FOrmanm: cone(Ogxu nnal Chapter 276 of this Code. (See Chapter 276 for the applicability of site plan review which, if required, must be completed before a building permit can be issued.) Fo ..rt : IMent Ieft: 0.25 Man9ilg: 0.25" Formaeea: iooC (Dd.01) Aral oelerm:e (@) Street permits. No curb cut, driveway entrance and /or drainpipe in the street right -of -way shall be built or installed unless a street permit has first been obtained from the City Engineer. (fl City tree removal. There shall be no removal of any tree located on City property unless peretea:e approval has first been granted by the City Forester. (2) General standards for all off- street parking areas, driveways and curb cuts. (a) Parking. All off - street parking must occur in approved parking spaces, parking areas or parking lots meeting the general standards for all off - street parking areas in § 325- 20C(2). Parking is specifically not permitted on lawns, sidewalks, or other spaces not developed as a parking space. (b) Clear boundaries. All parking areas, including associated driveways and vehicle maneuvering areas, shall have clearly defined boundaries. A "clearly defined boundary" shall mean, at a minimum, the existence of a distinct edge to the material used to pave the parking area, such that the yard area where parking is permitted is clearly distinguished from the yard area where parking is not permitted. Where approved parking areas are contiguous with sidewalks or other paved areas, there shall be a minimum four- inch -high curb or other equivalent continuous permanent barrier separating the parking area from other paving, except as required to allow for accessibility. (c) Physical character of parking spaces. Each parking space shall be even - surfaced and internally unobstructed by structures, walls, landscape elements or other obstructing features, except that low curbs or wheel stops may be located within or adjoining a space if they do not impede vehicular access to or egress from the parking space. The surface of the parking area and that portion of the access driveway which is not included in Subsection C(2)(e)[11 below shall conform to standards and specifications available at the office of the City Engineer and shall at a minimum be a maintainable surface which will support the sustained loads. Acceptable surface materials include crushed stone, brick, concrete, asphalt, permeable pavement, or similar materials. (d) Drainage. All newly constructed or enlarged parking areas, including associated driveways and vehicle maneuvering areas, shall have adequate provisions to prevent surface or runoff water from draining to or across adjoining properties, sidewalks or streets during, at a minimum, a two-year storm event, and shall comply with the provisions of Chapter 282, Stormwater Management and Erosion and Sediment Control. In the event of inconsistency, the provisions of Chapter 282 shall prevail. Slormwater runoff shall not be designed to flow across any public 1,! oY 11 11, ­ej'.:1enu sidewalk as a primary method of delivering the runoff to a stormwater facility. All drainage systems in existing parking areas shall be maintained in good working order. For more detailed requirements for parking areas with the capacity for three or more parking spaces on lots within residential zoning districts see also Section F. and for parking areas on lots in weed: e(3, nonresidential zoning districts see also Section oeieeed: F(2( (e) Access requirements. All parking spaces shall have access to the street by way of a driveway. [1] The portion of access driveways extending from the street to the sidewalk, or to the property line if no sidewalk exists, must be hard - surfaced with concrete, brick, asphalt or other approved material, as required by the City Engineer. [2] Driveways must be at least eight feet in residential zoning districts and at least 10 feet wide in nonresidential zoning districts, and must have clear visibility to the street. Any required screening must be so designed that it shall not interfere with sight lines necessary for pedestrian and driver safety. [a] Maximum driveway grades. Driveways to areas containing parking spaces for Ihreee or more vehicles shall be graded to form a street entry with a maximum grade of 8% for a distance of 25 feet from the curbline. [b] Adjacent driveways and combined curb cuts. Driveways on adjacent lots may be side by side or may be combined. [3] Driveway aisles. v�here permitted one -way driveway aisles shall have a minimum width of 10 feet Ond a maximum width of 12 feet ang Two -way driveway aisles shall have a minimum width of 20 feel and a maximum width of 24 feet. (f) Required maintenance. So long as they remain in use as such, all parking areas and associated driveways and vehicle maneuvering areas as well as any required screening, plantings and drainage systems must be maintained to preserve their intended function and to prevent nuisances or hazards to people, surrounding properties and public ways. Any planting required by the provisions of this section (such as planting for the purpose of screening or shading) that dies or, in the opinion of the City Forester, becomes too unhealthy to serve its intended function shall be replaced at the eadiest occurring suitable planting season by healthy planting that satisfies the provisions of this section. (g) No refuse or litter. All parking areas, including associated driveways, vehicle maneuvering areas and interior or peripheral planting areas, must be kept free of refuse or litter. (3),Max' mum number of off street pa k g Daces pern fitted in RI and R2 districts and number required for all other districts. (a) Notwithstanding anything contained herein to the contrary, there are no requirements as to the minimum number of off- street parking spaces in the following zoning districts: W EDZ -1a, CBD - 60, CBD -85, CBD -100, CBD -120, B -1 b, and B -2c. e'vy 1 d W Dana: m:,, Deleted: In re5aenaai aonrre msidcu, Deleted: Deleted: In non:esideoeal mo, demota, on ydme«ayelse: 0.111.- a mNlmum ce(ee:.- Wolf, is In all tong ahnnno.t Werea: Rance, oroe.sre h 'Hun, s'.'reeWred (Clod In RI am R2 danats me nomher of off sneer'*ff, soeces pannaea� etllLN: aM peTOned In the RI and R2 disthcn Formrthd: kmC (WadltI anal, eanem. Clef. .......d: 511,01' (b) Parking spaces required for specific uses. Off - street parking spaces shall be provided and maintained jn accordance with § 325- 20C(2) by the property owner for each use or building which is newly established, erected or enlarged after the effective date of this section (March 6, 1996), as specified in the, chart below. (c) Maximum number of Parking spaces in R -1 or R -2 districts. For each building or use (including parking) on a property within an R -1 or R -2 zoning district •.0 ch building of use is newly established erected or enlarged after the effective date of this section ( March 6, 19961. the maximum number of off - street Parking spaces permitted shall be two. For buildings that were not newly established erected or enlarged after March 6 1996 parking requirements will be determined by review of the property history by the building department. Use' Spaces Required' Adult day -care home or 1 for client use, plus 1 per 2 supervisory staff group adult day -care facility or employees not residing on the premises Dormitory 1 per 4 persons housed 1 per 3 bedrooms or sleeping rooms, plus 1 per 2 additional bedrooms or sleeping rooms, plus 1 per additional bedroom or sleeping Dwelling unit room in excess of 5 such rooms Fraternity, sorority or group house 1 per 2 persons housed Rooming or boarding house 1 per 3 sleeping rooms Auditorium or theater 1 per 5 seats 1 per 50 square feet of net Floor area of the Bar, tavern or restaurant assembly space Bed - and - breakfast home or bed - and - breakfast inn 1 per guest room' 3 Bowling alley 2 per bowling lane Church, funeral home or mortuary 1 per 10 seating spaces 1 per 5 persons allowed as determined by the Fitness center or health club maximum occupancy load Home occupation requiring 1 space' rommam:runt. 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(La,auh) Aral Use' Spaces Required' special permit Hospital or nursing or convalescent home 1 per 5 patient beds Hotel or motel 1 per guest room 1 per 250 square feet of net assignable floor Medical or dental office area Nursery school, child day- care center or private elementary or secondary 1 per 2 employees plus 1 per 15 pupils school enrolled 1 per 250 square feet of net assignable floor Office or bank area Retail store or neighborhood 1 per 500 square feet of net assignable floor commercial facility area Wholesale or industry 1 per 2 employees on maximum work shift Boat launch 8 per ramp' Boat storage or repair 1 per 2 employees on maximum shift Boatel 1 per 2 sleeping rooms Marina 1 per 4 berths Yacht club 1 per 4 member families Human service agencies and centers 1 per 250 square feet of floor area NOTES: In the case of mixed use of a building or property, the space requirements shall be computed for each use, and the total requirements for all uses shall be provided in accordance with this section. 2 See also the District Regulations Chart Editor's Note: A copy of the District Regulations Chart is on file in the City offices. for districts in which off- street parking is not required. Hmxdl.,iM, nwn 1�< NOTES: Unless the Zoning Board of Appeals, upon consideration of all relevant factors, including but not limited to the easy availability of on- street parking or the expectation that a lesser parking requirement will meet the parking needs of the use, determines during consideration of the special permit that a lesser off- street parking requirement is appropriate and will not have a negative impact on the surrounding neighborhood. 4 Boat - launching ramps shall maintain 75% of their parking spaces at a size of 10 feet by 40 feet to accommodate boat trailers. Consult the New York State Parks and Recreation Department on space requirements for maneuvering, n ,(gl Parking in the Collegetown Parking Overlay Zone. 'oefemm v=om =i =v. o 'l -a m0e om a11c c nem e C", 9 ]1] Notwithstanding anything to the contrary contained herein, in the CPOZ, required off - street parking for residential uses in the R -3a and R -3b Zoning Districts (Residential) and the B -2a and B-2b Zoning Districts (Business) shall be one space for every two resident occupants in the areas designated CPOZ on the map enti0ed "Collegetown Parking Overlay Zone;' dated June 2000, a copy of which is on file in the Ithaca City Clerk's Office. [2] The requirements contained in § 325- 20C(3)(c) shall not apply to buildings existing within the designated areas, as of October 4, 2000. Parking requirements for such buildings within these areas shall remain as specified in the chart 325- 20C(3)(b), provided that there is no increase in the number of resident occupants. Notwithstanding anything to the contrary contained in this Code, in cases where the number of resident occupants is increased, the parking requirements of the Collegetown Parking Overlay Zone shall be applied only to the additional resident occupants. (e) Enclosed parking spaces that meet the minimum parking space size requirements shall be Wa : a counted toward meeting the required number of parking spaces. (D Counting of end- to-end parking spaces. When determining the number of off - street parking oaeroa:e spaces provided to fulfill the number of off - street parking spaces required for a use, no more than one pair of end -to -end parking spaces shall be counted, unless all spaces have adequate maneuvering space or direct street access. This is not to prevent the use of a parking area for more than a single pair of end -to -end parking spaces if conditions warrant. (g) Shared parking. In a case where two or more establishments on the same lot, or on lots Ml :r meeting the distance requirements found in § 325- 20C(4)(d) of this section, have substantially different operating times, the Building Commissioner (or, in the case of a project subject to site development plan review, the Planning and Development Board) may approve the joint use of parking spaces, provided that the Building Commissioner or the Board finds that the intent of the requirements of § 325 -20 is fulfilled by reason of vanalion in the probable time of maximum use by patrons and employees among such establishments. (4) Location requirements off- street parking areas. All required parking spaces provided pursuant to this section shall be on the same lot as the building, use or activity that they serve, or may be located off site on another lot or parcel other than the lot or parcel on which the use is located or conducted provided that such off -site parking meets the distance and use district limitations as established below, is not located in an R -1 or R -2 zoning district and receives a special permit pursuant to Article III. (a) The lot or parcel containing the off -site parking area must be connected to and accessible by vehicular traffic from a public street. Off -site parking cannot also be counted toward compliance with the parking requirement for any other use except for those uses for which the Building Commissioner has determined that shared parking is appropriate, as provided for in Wa : rr § 325- 20C(3)(). — - (b) Use distract. An off -site parking area must be located on a lot or parcel located in the zoning district in which the use which requires the off-street parking is also a permitted use as a matter of right. Any off -site parking which is required for compliance with the parking requirement for a use which is permitted by use variance from the district regulations must also obtain a use variance for the off -site parking area; in these instances the notice requirements of this chapter shall apply to all lots involved. The notice requirements of this chapter shall apply to all lots if a use variance is required. (c)Pedestdanway required. A pedestrianway, which in this case may be private or public, must ramarom: wnt (Waum) nrei connect the lots or parcels of both the use and the off -site parking area. The pedestrianway must meet the standards of a public sidewalk or as otherwise approved by the Board of Public Works. (d) Distance from use. The distance from the lot or parcel containing the off -site parking area and the lot or parcel containing the use which requires the off -site parking shall be measured from parcel to parcel following and along the pedestrianway that connects the off -site parking area to the use. Except where no public sidewalk exists or where no crosswalks or corner -curb aprons exist within 125 feet of the lot or parcel which requires the off -site parking, pedestrlanways that cross a public street shall be measured in a way that only crosses such streets at crosswalks or corner -curb aprons. The maximum distances of the pedestrianway shall vary by use and shall be no longer than as follows: [1] For mercantile uses, off -site parking lots or parcels must be within 250 feet of the lot or parcel on which the use is conducted. [2] For all other uses, off -site parking lots or parcels must be within 500 feet of the lot or parcel on which the use is conducted. (e) All land which is used to provide off -site parking must be restricted to that use only, for as long as the building is occupied by the use which requires off - street parking or until substitute parking, approved by the Building Commissioner, is provided. Evidence of such off -site parking shall be provided in the form of a recorded covenant, long -tern lease or comparable document that is approved by the Building Commissioner. (5) Parking space, driveway, and driveway aisle size requirements. v,m.,n, (a) Parking space size requirements for parking areas with 10 or fewer parking spaces. For such parking areas, a parking space shall have a minimum dimension of eight feet by 18 feet, exclusive of pedestnanways, maneuvering space and driveways appurtenant thereto and giving access thereto. The edge of the parking space pavement may be up to two feet inside the outermost line of the parking space where unobstructed vehicle overhang is available. All parking spaces shall have adequate access. (b) Parking space size requirements for parking areas with 11 or more parking spaces. [1] Perpendicular parking. For parking perpendicular to the driveway aisle, parking spaces shall be eight feet six inches by 18 feet. The edge of the parking space pavement may be up to two feet inside the outermost line of the parking space where unobstructed vehicle overhang is available [2] Parallel parking. For parking parallel to the driveway aisle, parking spaces shall be eight feet six inches by 20 feet. [3) Angle parking. For angle parking, a standard parking space shall have a minimum area of 255 square feel, the length of which shall be measured, at the same angle of parking, from the center of the outermost edge of the parking space to the center line of the driveway aisle giving access to the parking space. The edge of the parking space pavement may be up to two feet inside the outermost line of the parking space where unobstructed vehicle overhang is available. (c) Possible variation from above standards under site plan review. The Planning and Development Board may, at its discretion, allow parking space sizes that vary from the above standards in those instances where Chapter 276, Site Plan Review, applies. (d) Parking for people with disabilities. For parking for people with disabilities, the combined width of parking and access aisle shall be in compliance with the New York State Uniform Fire Prevention and Building Code. Signage as required by the New York State Uniform Fire Prevention and Building Code shall be provided for all accessible parking spaces and associated access aisles. rormaMM: rnEen[ lek: 0 ", nut 41 Subsection "E" (formerly "D "1 Is amended to read as follows: °np1 0" %rmeaee: F-t: (We 01) MM, . Parking in front yards. ewe, umerl e Mw : D (1) In all residential districts, all front yard parking within 15 feet of the front property line is restricted to a motor vehicle orientation that is within 10° of perpendicular to the street. (2) In all residential districts, parking in the front yard of lots which have a width at the street line of 50 feet or less shall be restricted to parking within a driveway that is perpendicular to the street or that is within 10° of perpendicular to the street. Such driveway shall not be more than 12 feet wide for the portion that passes through the front yard. (311n all residential districts, parking in the front yard of lots which have a width at the street line of ro.m U,W: Fwr.Ircra,rn A,& more than 50 feet shall be restricted to an area not greater than 25% of the total area of the front ."—,J 511"1" yard, including turnaround and other vehicle maneuvering areas and driveways leading to garages and parking areas. The setback for any such parking area must meet the minimum front yard setback dimensions specified in § 325-8, District Regulations Chart„ to copy of the District neieed: adnnsnure. Regulations Chart is on file in the City offices)Jor the zoning district in which the parking area is to o 1 : be constructed. (4) In all residential districts, on corner lots with more than one front yard as defined in this Code, front yard parking according to the above provisions shall only be permitted on one of the front yards. (5) In all residential districts, where a parking area will use a front yard, the use of the front yard for parking and associated maneuvering space shall not exceed the amounts permitted by this §325- 20(DI(311c). Any permitted front yard parking area shall have a clearly defined boundary as required by § 325- 20C(2)(b), and the remainder of the front yard shall be landscaped as a green area in keeping with the surrounding neighborhood. (6) In all districts, when a parking area is established on a lot that does not contain a building, an area equivalent to the front yard that would be required if a building did stand on the site shall be kept free of parking (except for an access drive to the parking area). The area equivalent to the front yard that would be required if a building did stand on the site shall be landscaped in keeping with the surrounding neighborhood and shall be separated and protected from the parking area by a suitable fence or safe barrier. (See the more detailed screening requirements described below for parking areas within residential zoning districts.) 15) Subsection "F" (formerly "E ") Is hereby amended to read as follows: Requirements for new or enlarged parking areas with the capacity for three or more parking spaces on lots within residential zoning districts but only insofar as otherwise permitted to any given district. (1) Required permits. A new or enlarged parking area with the capacity for three or more parking spaces on t within a residential zoning district. requires site plan approval (see Chaple 276) and a building permit. Plans submitted must include a site plan drawn to scale with all existing and proposed green areas, parking areas, associated maneuvering areas and driveways clearly indicated and dimensioned, must indicate required screening, ground slope and drainage provisions and must include a calculation in square feet of the area of paving and the area of the yards in which paving already exists or is proposed to be constructed. No building permit shall be issued unless the requirements of § 325-20C(1) are met. (2) Screening. The entire parking area, except entrances and exits, shall be screened from public ways and adjacent properties. Screening devices shall be at least four feet high, except where they are within 10 feet of the entrance or exit, or within 20 feet of a property lot corner at a street intersection. Screening may consist of hedge planting, walls, fences, trellises or a compatible combination of these elements. Screening is not required where the parking area is screened from the view of adjoining properties by buildings or other accessory structures, or sufficiently dense vegetation located on the same parcel as the parking area. Similarly, screening is not required where buildings or accessory structures without windows or other openings facing the ":,fans I Formatted Font (Wi.ft) AM, P`,.m ew F. : runt (n tiu Arel FOrmattm: Font ([WaW) Anal enu, umem_re _ _ oaeo-e E Fpma z Pont(oereun) ens rmrern: Clear Deem:: wrmrttm: font (cefaun) Nat R— wd_smnor_ parking area or other such screening devices exist on neighboring parcels and effectively screen the parking area. However, upon removal of said building, accessory structure or other such screening device by the adjoining property owner, the required screening shall be installed within one year. (a) Planting for the purpose of screening. Planting for the purpose of screening shall forth a year - round dense screen at least four feet high within two years of the initial planting. Planting areas shall be curbed or otherwise protected from vehicle damage on the parking area sides, be at Deem: me least eightfeet wide and have a minimum three - foot -deep excavation prior to planting. (b) Fences and walls for the purpose of screening. Fences for the purpose of screening must be sufficiently opaque, whether alone or in combination with planting or other design elements, to function as an effective visual barrier. Walls for the purpose of screening must be compatible in scale, texture and color with surrounding structures. (3) Maximum Parking Area Coverage. In order to protect the character of residential areas, plans for aeaem: Comwa m.. -j parking areas with the capacity of three or more cars within residential zoning districts that permit ronmxo-n: Fmt Icereall Al three or more cars must conform to either the setback compliance method or the landscaping Pa., Clear compliance method described respectively in 325-20(3 a) and (b) below. Before applying for a canal el5l plans must also comply with all other general and specific standards or 329211 and wnn me District Regulations Chart. Where turnarounds, or other maneuvering spaces not required for access to parking spaces, are provided that meet minimum size for a parking space, they shall be counted as a parking space for the purpose of this subsection. Setback compliance method. Parking areas using the setback compliance method shall Fomurred: emaa ape eumee uy conform to the following standard; Farmarred: rem: ceraux7 Arai ]1] Setbacks. The parking area shall not be located within the required minimum oeerm:a side or rear yard setback areas established for the applicable zoning district by the District Regulations Chart. These setbacks shall not apply to any driveway poem: am.rce of avp u,mnom up to 12 feet in width that provides access for vehicles. any sa, a rear eerorioume. [2] Maximum yard coverage. The parking area, excluding any driveway up to 12 feet in width that provides vehicle access to a street, but including all other reaem: me turnaround and vehicle maneuvering areas associated with parking, shall not Frearnmee; roan (oefauRl Arai cover more than 50% of any remaining side or rear yard as such percentage is rermx(tM: For, (Waul0 alai calculated after exclud,irl the required minimum side or rear yard setback areas specified for the applicable zoning district by the District Regulations Chart._For rarmattea: rpm. Der unJ nnai - — the purposes of this calculation, the area of a side or rear and shall not include p Y cereal amaesm.preleareen. i ume, ree jurisdiction come imxa the building area of any building or accessory structure located in the yard. i recall Preseaauon cons lM, In Much rasa me pan (b),l.andscaping compliance method. ,hall de sudaemd Imm.d m me 1—nes soh m „amp.,. The Bell eem�ere a laear.r. mm. [i] ?, plan for a parking area using the landscaping compliance method shall be ohey "a"arrM 0 Mill aN Denee.re mm al such. submitted to the Planning and Development Board for reviewThe required paAing a,aa on re banner -_ building permit shall not be issued until a plan approved by Jhe Boarder the aelem: either Deem:. lama it— J1 1N11 I, Board's designee (and a Certificate of Appropriateness where applicable -see below ) js on file in the Building Department. [2] The Planning and Development Board may, at its discretion, approve a parking area that covers more than 50% of any side or rear yard(as calculated after excluding the minimum setback areas specified for the applicable zoning district, per the District Regulations Chartl. if the Board finds that mitigating factors such as, but not limited to, the following exist: i. Natural land forms or tall vegetation provide significant shielding of views toward the parking area from the street and /or adjacent properties. ii. The configuration of the parking area protects and preserves existing healthy and mature vegetation, especially trees over eight -inch DBH (diameter at breast height). iii. One or more curbed and landscaped planting areas are provided within- the parking area. Any such interior planting area shall be a minimum of 80 square feet with no dimension being less than eight feet. iv The parking area will be substantially shaded by existing woodland or• canopy trees, or the parking area plans call for the planting of trees of a species that, at maturity, will provide canopy shading. Trees currently or prospectively providing such shade may be located around the periphery of the parking area or in interior planting areas. Any such interior planting area accommodating such canopy trees shall be a minimum of 80 square feet with no dimension being less than eight feet. Such interior planting areas shall be curbed and have a minimum three -foot -deep excavation prior to planting. [3] All property owners using the landscapingcompliance method must notify surrounding property owners by placing a notice at the project site in a form prescribed by the Planning and Development Board [4] The Board shall be under no obligation to approve a parking area using he landscape compliance method, any such approval is discretionary. [5] In the event that the proposed parking area is under the jurisdiction of the Ithaca Landmarks Preservation Commission the proposed plan shall also be submitted to the Commission for its review. The role of the Commission shall be limiled to ruling on the appropriateness of the plan in relation to any adverse impact on the aesthetic historical or architectural significance or value of the landmark or site in question. A building permit shall not be issued for a plan that has not received a Certificate of Appropriateness by the Commission where such a Certificate is required F,k rz f a peratm: er Iha commless,n as aFFmplale m eat, case I Wall The r 5winrlbhdy Well or he lacy tMr ,A. Rvckol seMack "m"prNaM Thes Forrestal Fmt', (Default) Anal xteea:.. in, boar Fahessal Ioem3, IhAsht'. teft. LE', Numbpaa+.11: 3+ I barn, style: I, II, 10, + Start 4Oa+Algnrrw't flkfht +All at 1.61" +Tab after'. 0 "+Intent a, 1J3" Po Urea: Intent: Left: 1.88 ', NumI + Level: 3 + Number, Styl, i, II, IIL +Start at 1+ Algnmenl Rght+ lig M'. 161" -Tab after: 0" + Intent ar LA" Meisel: .1 The Ithaca LargI I Clenmis5m as sWornate. R-eW 51,211' (44) Drainage. Surface or runoff water must be collected and transmitted or piped to the nearest storm IIeJMM:3 sewer or, if a storm sewer is not available, then through underground piping to the street gutter, or provisions shall be made for stormwater retention or recharge. Stormwater drainage systems, including their connections to public stormwater facilities, shall be in accordance with this Code and with the provisions of Chapter 282, Stormwater Management and Erosion and Sediment Control, and shall be subject to approval by the City Engineer. The applicant must provide runoff calculations for the parking area for a two -year storm event and must calculate the appropriate pipe sizes and additional collection devices necessary to carry the water to the public stormwater system. When conditions warrant, the City Engineer may require installation of a sump in the last structure in a parking area runoff collection system prior to the delivery of stormwater to a public starmwater facility. Installation, maintenance and repair of any pipe delivering stormwater to a public stormwater facility shall be the responsibility of the property owner. Such installation, maintenance and repair within a public right -of -way shall only be performed with the written permission of the City Engineer. (W Maintenance. The landscaping or other elements used to comply with § 325 -20E shall be Deleted: e maintained, replaced or pruned as required to fulfill this section's standards, including provision ookel n_ of the required screening and compatibility with the surrounding residential neighborhood. Formatted: Foot nelaun) ease, No oiMaune iSeclion 6. Chapter 325, Section 325 -30, entitled "Conditions of Lawful Continuation" is hereby Form.nad: Fore ([)eramn Areal, -- amended to read as follows: Not Enid, no lexemre C. legal nonconforming uses of any building or land shall adhere to the conditions of Deleted: although this article, avert though such uses may not conform to other provisions of this chapter. Form.eee: Font (Want) seal, The lawful use of any building or land legally existing at the time of enactment of this at cola' No had line chapter may be continued one subject to the provisions of this article.- P Y Y 1 P oaelee: nommg heeam coominae eau regmre any cnareamn qam. cUmwdenordesg,aled use Section 7. Chapter 325, Section 325 -31, entitled "Construction or use approved prior to adoption of ma bnumng x, hei,a onetime re-t has been heremNre bi or amendment to chapter," is hereby deleted in entirely. and warn cotes bmtitr,g than be nmoreW acwmeng In scam plare as Not within No years mom the ellese. 6k of In chapter oreM • a meMmenk M1erem. Section 8. Chapter 325, Section 325 -32, entitled "Repair, changes in use, extension or enlargement Forrmmad: Font (Default)kel of nonconforming uses or structures" is hereby amended to read as follows: rurreanm: Font (Defame anal, undnrale C. Extension or enlargement of nonconforming uses or structures. Forrmama:tune ((oerun)Arme, j (1) A nonconforming use may not be extended or enlarged within or in association with the structure where it is located, nor may a nonconforming use be extended or enlarged to all or part of a structure uraen �' car"' (oelaunl Aril, or structures not already legallydevoled to such use or to other land not already, legally devoted _Lo Deelee: mmcr ondmna mawawea such use, except by means of a u, se variance granted by the Board of Appeals. not rormaGetl: Foot (Waun) anal (2) A nonconforming structure which is used as permitted and will continue to be used as permitted, underline _ in the district in which it is located, but does not comply with the minimum lot size requirement and /or Fermmea: Fort (bef =on) alas, parking requirements applicable in the district, may not be extended or enlarged except by means of undelse _ _ _ an area variance granted by the Board of Appeals; however, a nonconforming structure may be FOanafad: Fmt(Wean) Aral, enlarged without the necessity of obtaining such a variance, provided that: wmwe FOrmaUhl Fan: (Default) Anal, umerma pW a of Be,iud 5l9 @OL (a) The enlargement does not create a new, greater or additional nonconformity; (b) The enlargement does not increase the occupancy previously permitted for the structure unless the structure is, and will continue to be, a one- or a two- family dwelling; and (c) The property is, and will continue to be, in compliance with the minimum lot size and (uelamn new parking requirements (whether minimum or maximum) of the district in which it is located. (3) A nonconforming structure which is used as permitted by this Code in the district in which it is located cannot be extended or enlarged by increasing the numbers of unrelated individuals residing within such structures or by increasing the number of dwelling units contained within such structure except by means of an area variance granted by the Board of Zoning Appeals; however, such a nonconforming structure may be extended or enlarged without the necessity of obtaining such a variance if the property, in the enlarged or extended condition, will comply with the parking and the lot size regulations of this chapter for the particular district in which it is located. 4) In all districts any legal nonconforming use or structure existing at the time of enactment of this chapter, as amended, or subsequently constructed in compliance with a variance, shall not be extended or enlarged except in compliance with the regulations of this chapter, as amended for each particular district. jSection 9. Chapter 325, Section 32533, entitled "Discontinuation of Uses is hereby amended to read odem: f as follows: rannan : role (neraun) Anal Nonoperalion or nonuse for a period of 12 successive months... due to litigation commenced during said 12 -month period, or Pursuant to a building permit issued during said period for repairs or modifications required by the Building Department, it may be resumed Aker such su .. .... litioation is ended or such repairs are deemed cumulate, orovided such resumption occurs nm1 the lnne Section 10. Chapter 325, Section 32534, entitled "Restoration after Damage ", is hereby amended to read as follows: A nonconforming$tructure which is entirely devoted to ( oerm: NO., a conforming use may be rebuilt or reconstructed, in whole or in part, when it is damaged by fire or other causes, provided that the floor area, occupancy and exterior dimensions are not increased in the new building when compared to the old building as it existed in an undamaged state. Section 11. Effective date. This ordinance shall take affect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Pu,, 14 t 1 11.3 Authorization of Subdivision and Transfer to the Ithaca Urban Renewal Agency of a Parcel at the Southerly End of Cherry Street A. Declaration of Lead Aaencv - Resolution WHEREAS, the City of Ithaca Common Council is considering transfer of a 6 acre portion of the 8.25 acre parcel located at the southerly end of Cherry Street (tax parcel #100.- 2 -1.2) to the Ithaca Urban Renewal Agency to issue an RFP for sale of the property to a purchaser committing to undertake an economic development project, and WHEREAS, the proposed transfer of more than 2.5 acres of contiguous land is a Type I action under the City Environmental Quality Review Ordinance ( CEDRO), and WHEREAS, State Law and Section 176.6 of CEDRO require that a Lead Agency be established for conducting environmental review of proposed actions 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 the primary responsibility for approving and funding or carrying out the action, and WHEREAS, on May 2, 2012, the City of Ithaca Common Council resolved to declare itself Lead Agency for the environmental review of this proposed action, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, That Common Council does hereby declare itself Lead Agency for the environmental review of the proposed conveyance to the Ithaca Urban Renewal Agency (IURA) of the above listed real property. B. Determination of Environmental Significance - Resolution WHEREAS, the City of Ithaca Common Council is considering transfer of a 6 acre portion of the 8.25 acre parcel located at the southerly end of Cherry Street (tax parcel #100.- 2 -1.2) to the Ithaca Urban Renewal Agency to issue an RFP for sale of the property to a purchaser committing to undertake an economic development project, and WHEREAS, the proposed subdivision will result in a 6 acre portion directly accessible to Cherry Street (Parcel A) to be transferred to the IURA and a remainder parcel of approximately 2.25 acres (Parcel B) to be retained by the City, as further shown on a "Survey Map Showing Lands Owned by the City of Ithaca Located at Southerly End of Cherry Street ", prepared by T.G. Miller P.C., dated March 5, 2012 (Survey Map), and WHEREAS, the proposed property transfer to the IURA is subject to (1) a 25 foot wetland buffer and (2) a 15 foot utility easement as shown on the Survey Map, and WHEREAS, the proposed subdivision and transfer of more than 2.5 acres of contiguous land is a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and WHEREAS, on June 6, 2012, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, the Full Environmental Assessment Form ( "FEAF "), dated March 30, 2012, 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, has reviewed the FEAF; now, therefore, be it RESOLVED, That the City of Ithaca Common Council, acting as Lead Agency for the environmental review in this matter, hereby adopts as its own, the findings and conclusions more fully set forth on the FEAF, and be it further RESOLVED, That the City of Ithaca 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 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. C. Authorization of Transfer - Resolution WHEREAS, the City of Ithaca Common Council is considering transfer of a parcel at the southerly end of Cherry Street, Ithaca, NY (tax parcel #100.- 2 -1.2) to the Ithaca Urban Renewal Agency (IURA) for disposition to a qualified sponsor for economic development, and WHEREAS, pursuant to §695 of General Municipal Law, the City may dispose of real property at the highest marketable price at public auction or by sealed bid, and WHEREAS, pursuant to §507 of General Municipal Law, the City is also authorized to dispose of real property through the Ithaca Urban Renewal Agency (IURA) to a qualified and eligible sponsor (a.k.a preferred developer) at a negotiated sales price for a specific end use. A public hearing must be held on any IURA- proposed property sale following publication of a notice disclosing the terms of the sale and Common Council approval of the proposed sale is required, and WHEREAS, the 2012 City budget includes revenues from the sale of City properties, so purchase price is a consideration in selecting the method of disposition, and WHEREAS, Common Council has an interest in post -sale use of the property to enhance the City's tax base, identify a purchaser committed to undertake an economic development project, and develop the parcel in a manner sensitive to the surrounding area, and WHEREAS, public policy objectives are best achieved for disposition of tax parcel #100. -2 -1.2 through a process that provides prospective buyers with an opportunity to submit proposals to acquire and development the property through an open competitive RFP process; now, therefore, be it RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby authorized to enter into a property transfer agreement for a portion of tax parcel #100.- 2-1.2 located at the southerly end of Cherry Street with the IURA for purposes of the IURA soliciting competitive proposals for purchase and development of the property with the following guidance: Sales price: seek fair market value Use: economic development Taxable status: taxable , and be it further RESOLVED, That the Mayor, subject to advice of the City Attorney and the terms and provisions of the property transfer agreement, is authorized to convey quit claim deed for a portion of tax parcel #100. -2 -1.2 to the IURA. 15. MAYOR'S APPOINTMENTS: 15.1 Appointments to Board of Fire Commissioners — Resolution RESOLVED, That Thomas Hoard be reappointed to the Board of Fire Commissioners with a term to expire June 30, 2015, and be it further RESOLVED, That Harry Ellsworth be reappointed to the Board of Fire Commissioners with a term to expire June 30, 2015, and be it further 15.2 Appointment to Conservation Advisory Council - Resolution RESOLVED, That Jesse Hill be appointed to the Conservation Advisory Council to fill a vacancy with a term to expire December 31, 2012, and be it further 15.3 Appointments to Disability Advisory Council — Resolution RESOLVED, That Larry Roberts be reappointed to the Disability Advisory Council with a term to expire June 30, 2015, and be it further RESOLVED, That Jocelyn Scriber be reappointed to the Disability Advisory Council with a term to expire June 30, 2015, and be it further RESOLVED, That Andrew Rappaport be reappointed to the Disability Advisory Council with a term to expire June 30, 2015, and be it further 15.4 Appointment to Planning and Development Board — Resolution RESOLVED, That Garrick Blalock be appointed to the Planning and Development Board to replace Robert Boothroyd with a term to expire December 31, 2013.