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.
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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.
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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.
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(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.)
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(@) 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
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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
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.......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. (W..rc) anal I
DWW : blip Ing
Ddeve:. _.
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Mrmad A: Fart (O urc) Aral
FormattGtl: Farr. (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,
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F. : runt (n tiu Arel
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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
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[i] ?, plan for a parking area using the landscaping compliance method shall be
ohey
"a"arrM 0 Mill aN
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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
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(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:
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(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.