HomeMy WebLinkAbout05-09-12 Planning & EDC Meeting AgendaMEETING NOTICE
City of Ithaca
Planning & Economic Development Committee
Wednesday, May 9, 2012 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
A. Agenda Review
B. Special Order of Business (6:05 pm)
1. Presentation and Public Hearing – 2012 Action Plan Development – HUD
Entitlement Program
a. Adoption of 2012 Action Plan – HUD Entitlement Program – Resolution
2. Commons Redesign Update
C. Public Comment and Response from Committee Members (6:35 pm)
D. Announcements, Updates and Reports (6:40 pm)
1. Comprehensive Plan Update (joint City/Town meeting)
2. Intermunicipal Planning Coordination
3. Emerson Update
4. Collegetown Update
5. Energy Action Plan Update
E. Action Items
1. Amendments to Off-Street Parking Ordinance (7:00 pm) (memo)
a. Lead Agency
b. Determination of Environmental Significance (SEAF Parts I and II)
c. Ordinance
2. Cherry Street Property (7:10 pm) (memo)
a. Lead Agency
b. Determination of Environmental Significance
d. Transfer of Property to Ithaca Urban Renewal Agency
F. Discussion Items (direction for development of possible future action items)
1. Changes to the Community Investment Incentive Program (7:40 pm)
(proposed new CIIP criteria/application, historical analysis of current program,
potential approval for staff to circulate)
2. Further Changes to Off-Street Parking Requirements in Zoning (8:00 pm)
3. Agenda Planning (8:20 pm)
G. Approval of Minutes (8:35 pm) – February and March 2012
H. Adjournment (8:40 pm)
Direct questions about the agenda to Jennifer Dotson, Chairperson, (jdotson@cityofithaca.org or 351-5458)
or the appropriate staff person at the Department of Planning & Development (274-6550). Back-up material
is available in the office of the Department of Planning & Development. The agenda order is tentative and
subject to change.
If you have a disability and require accommodations in order to fully participate, please contact the City Clerk
at 274-6570 by 12:00 noon on Tuesday, May 8, 2012.
created March 5, 2012 Summary
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Item # B1a
j:\groups\planning and econ dev committee\2012 planning and economic development committee\05 may\reso council adopt 2012 action plan.doc
Proposed Resolution
Planning and Economic Development Committee
May 9, 2012
2012 Action Plan – HUD Entitlement Program
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 the 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 the 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.
TO: Planning Committee
FROM: Jennifer Kusznir
Economic Development Planner
DATE: May 4, 2012
RE: Proposal to Revise the City’s Off Street Parking Ordinance
At the April Planning Committee meeting the proposal to amend the City’s off street parking
ordinance. At the committee’s request, the environmental review of this action was drafted and
has been circulated to the Planning Board, the Conservation Advisory Council, various City staff
and departments, and the Tompkins County Planning Department. No comments have been
received at this point.
Enclosed for your consideration are the draft environmental assessment forms, and draft
resolutions for lead agency and environmental significance as well as the draft ordinance. If you
have any concerns or questions regarding any of this information, feel free to contact me at 274-
6410.
j:\groups\planning and econ dev committee\2012 planning and economic development committee\05
may\2012resolutionoffstreet parking-lead agency2012-05-05.doc
Proposed Resolution
May 4, 2012
Draft Resolution
Proposed Revisions to Chapters 325 of the City of Ithaca Code Regarding the City’s Off-
Street Parking Ordinance -- Declaration of Lead Agency for the Environmental Review
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.
May 4, 2012
Draft Resolution
Proposed Revisions to Chapters 325 of the City of Ithaca Code Regarding the City’s
Off-Street Parking Ordinance -- Determination of Environmental Significance
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-l–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.
2012Resolutionoffstreet parking-Negdec2012-05-05
City of Ithaca
CITY SHORT ENVIRONMENTAL ASSESSMENT FORM (SEAF)
Project Information: (to be completed by applicant or project sponsor)
1. Applicant/Sponsor:
City of Ithaca
2. Project Name:
Proposal to Revise City Off Street Parking
Ordinance
3. Project Location: City of Ithaca
4. Is Proposed Action:
ο New ο Expansion ; Modification/Alteration
5. Describe project briefly: Proposed action is the reorganization and
revision of City Off-Street Parking Ordinance.
6. Precise Location (road intersections, prominent landmarks, etc., or provide map)
City of Ithaca
7. Amount of Land Affected:
Citywide
8. Will proposed action comply with existing zoning or other existing land use
restrictions?
ο Yes ; No If No, describe briefly: Proposed Action is modification of
existing off-street parking ordinance.
9. What is present land use in vicinity of project:
; Residential ο Industrial ο Agricultural ; Parkland/Open Space
; Commercial ο Other _________________
Describe:
10. Does action involve a permit/approval, or funding, now or ultimately, from
governmental agency (Federal, State, or Local): ; Yes ο No
If “Yes,” list agency name and permit/approval type: Common Council Adoption
11. Does any aspect of the action have a currently valid permit or approval?
ο Yes ; No
If “Yes,” list agency name and permit/approval type:
12. As a result of proposed action will existing permit/approval require modification?
; Yes (proposal is modification of existing ordinance) ο No
I certify that the information provided above is true to the best of my knowledge.
PREPARER'S SIGNATURE: ______________________________ DATE: 4/27/12
PREPARER'S TITLE: Economic Development Planner__________
REPRESENTING: __City of Ithaca_________________________
Item # E1b
Proposed Resolution
Planning & Economic Development Committee
May 9, 2012
Authorize Subdivision and Transfer to IURA of a Parcel at the Southerly End of Cherry Street –
Environmental Determination
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.
j:\staff\nels\nels1\miscellaneous\iura\property disposition\cherry ii (100-2-1)\reso p&ed cherry st exten - neg dec 5-9-12.doc
Item # E2b
Proposed Resolution
Planning & Economic Development Committee
April 11, 2012
Authorize Transfer to IURA of a Parcel at the Southerly End of Cherry Street
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 (aka 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.
Item # E2c
Item # F1
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
TO: Planning Committee
FROM: Jennifer Kusznir
Economic Development Planner
DATE: May 4, 2012
RE: Proposed Amendments to the City of Ithaca Community Investment
Incentive Program
The purpose of this memo is to provide information regarding a proposal to revise the
City’s Community Investment Incentive Program (CIIP).
On July 5, 2000, the Common Council unanimously requested that the Tompkins County
Industrial Development Agency (“IDA”) undertake a program to provide financial
incentives for development of multi-story buildings within a density target area
encompassing the downtown central business district, the West State Street corridor, the
West End, and Inlet Island. That program was accepted by the IDA in 2001 and
remained in operation for five years. In 2006, The City endorsed the continuation of an
IDA program of local tax abatements as a tool for encouraging appropriate real estate
and business investment in the urban core of the city, and requested that the IDA
establish the CIIP, under which projects would be reviewed by the community and
evaluated by the Common Council, and if endorsed by the Common Council, proposed
for recommendation by the Mayor to the IDA as eligible for tax abatements.
Over the past few months a small working group consisting of City Planning and IURA
staff, Council members, and TCAD staff have been reviewing the City’s Community
Investment Incentive Program (CIIP). The original intent of the CIIP was to encourage
developers to invest in the community. However, the program as it was established has
been found to actually work as a disincentive for developers because the process is too
cumbersome, time consuming, and expensive. Staff feels that trying to include all of the
benefit requirements into a tax abatement application has not been successful. In the six
years that the CIIP has been in operation, only one developer was able to successfully
obtain tax credits. Staff has revised the application to simplify it and make it a more
Item # F1
effective tool for encouraging development in the density district. The draft application is
enclosed for your review.
In addition, staff recognizes the importance of all of the community benefits that were
listed on the original CIIP application. In order to try and encourage developers to
provide benefits to the community, staff has prepared the enclosed matrix of the benefits
that were listed on the original application with explanation of what would be a more
appropriate means of achieving these goals.
If the committee is in agreement, staff will circulate the draft application and return next
month with any comments that are received. If you have any concerns or questions
regarding any of this information, feel free to contact me at 274-6410.
I. Objective
In conjunction with the goals of the Tompkins County Comprehensive Plan, the
objective of the CIIP is to encourage development in the City that would increase
jobs, increase the tax base, promote density in the City core, to encourage
rehabilitation and redevelopment of underutilized sites and to help create a vibrant
downtown center. Specifically the goals, as stated in the Tompkins County
Comprehensive Plan, are as follows:
■ Strengthen and enhance the City of Ithaca’s downtown area as the
urban center of the county.
■ Increase the amount and density of housing and business space in the
central business districts throughout the county.
■ Promote greater density by encouraging development of existing
“gaps” left by abandoned buildings and vacant parcels.
II. Eligibility Criteria
Project sponsors applying for tax abatement(s) under the City of Ithaca Community
Investment Incentive Program must meet the following size, density, and location
requirements:
1.) Project Size Requirement - In order to meet the minimum project size
requirement to be eligible for tax abatements under the CIIP program, a project
must provide a letter from the Tompkins County Assessment Office that states
that the project will result in an estimated increase in the assessed value of the
property by at least $500,000.
2.) Project Density Requirement - In order to meet the minimum density
requirement to be eligible for tax abatement under the CIIP program, a project
must either:
Contain a minimum of 3 occupiable stories in
height.
or
Must be a major restoration of an existing
structure.
3.) Project Location Requirement - In order to meet the location requirement to
be eligible for tax abatement under the CIIP program, a project must either:
Be located in the City of Ithaca Density District
The Community Investment Incentive Program (CIIP) is a property tax abatement program that allows property
owners to apply for abatement for a portion of their property taxes for a period of up to 10 years.
or
Be a redevelopment of a Brownfield site that is
registered as a DEC inactive hazardous waste
site.
http://www.dec.ny.gov/cfmx/extapps/derexterna
l/index.cfm?pageid=3
Eligibility is determined by the Mayor of the City of Ithaca, based on the above-stated
criteria. Once eligibility has been determined, the Mayor will provide a letter of
endorsement to the Tompkins County Industrial Development Agency (IDA). (See
Section IV for complete application process.)
II. Density District Boundary
2
III. Incentive Package
The standard CIIP property tax abatement program will begin with 100% abatement of
all property taxes in the first year and will decrease in equal increments over ten (10)
years. The abatement will only impact taxes on improvements to the property and not
taxes on the existing value. The IDA retains the ability to offer more or less than the
standard incentive package. The IDA may negotiate additional abatements based on
financial need.
• Sales Tax Abatement – The applicant will be exempt from both the
local and State portion of sales tax on construction materials,
equipment, and furnishings associated with the project.
• Mortgage Recording Tax – The applicant will be exempt from the
State portion of the Mortgage Recording Tax ($2.50 per $1,000)
IV. Application Process
Tompkins County Area Development, Inc. (TCAD) provides administrative and
marketing services to the IDA. Potential applicants should contact the City Planning
Department to schedule a meeting with Planning Staff and TCAD staff to determine
project eligibility.
If the project appears to be eligible, TCAD will assist with completing the application for
assistance. It is strongly advised that potential applicants schedule the initial eligibility
determination meeting as early in the process as possible in order to determine if the
dollar value of the proposed incentives exceeds the associated fees.
Based on the nature of the project and the incentives requested, the following will occur:
1. Eligibility Determination Meeting - A developer seeking a tax abatement
under this program must first have a joint meeting with staff from
TCAD and the City Planning Department.
2. CIIP Application - A developer must submit a completed CIIP
application to the City of Ithaca Planning Department. The application
will be reviewed for completeness and will be submitted to the Mayor
for consideration.
3. City Endorsement – The Mayor of the City of Ithaca will consider
project endorsement, based on the stated criteria density, size, and
location. The Mayor of the City of Ithaca will forward the completed
application, along with a letter of endorsement to the IDA.
4. IDA Application –A developer will submit a standard IDA application
to the IDA for consideration in addition to the CIIP application and
Mayor’s endorsement letter. The IDA will make an independent
determination of the project.
3
5. Public Hearing – Following an initial review, the IDA will, if favorably
disposed toward a project, schedule a public hearing on the proposed
incentive package. Standard IDA policies apply with regards to public
hearing notification and other requirements.
6. IDA Determination – Following a public hearing, the IDA will make a
conditioned determination on the project. No final decision may be
reached by the IDA until SEQR requirements have been met by the
developer.
7. Notification and Reporting – The IDA will notify the City of Ithaca and
appropriate taxing jurisdictions once a project is approved. The IDA
may diminish or rescind incentives should the project materially change.
IDA agreements generally have claw back requirements.
8. Applications under this policy may not be accepted after December 31,
2022 unless the IDA and City of Ithaca vote to extend the policy beyond
that date.
Refer to the Tompkins County Industrial Development Agency Mission, Policies and
Procedures for additional information.
V. Application Fees
The applicant is responsible for payment of the following fees associated with the CIIP
process.
1. Administrative Fees -The applicant is responsible for paying the IDA
Administrative Fee at the time of closing. This fee will be equal to 1% of the
total value of expenses that are positively impacted by IDA incentives. This
includes the value of construction of improvements to property that is
impacted by property and sales tax abatement and the value of furniture,
fixtures and equipment that are impacted by sales tax abatement. It will not
include any purchases, such as manufacturing equipment, where the IDA does
not deliver an incentive. Soft Costs (legal, consulting, financial, architectural
and engineering fees) will be included in the amount considered as total value
of expenses. In an attempt to make its incentive program cost effective for
smaller projects, the IDA will reimburse the applicant for 100% of the
Administrative Fee, IDA Counsel Fee, and IDA Bond Counsel Fee associated
with the IDA involvement in the project if the total project cost is less than $1
Million. For total project cost greater than $1 Million but less than $2 Million,
the reimbursement of fees will be reimbursed on a sliding scale that declines
from 100% to 0% gradually based on project size. There will be no
reimbursement of fees for projects with costs over $2 Million. The
reimbursement will take the form of additional property tax abatement
credited to the business in the initial years of the Payment In Lieu of Tax
agreement (PILOT). The IDA retains the right to determine the credit the
applicant will receive. For projects where there is no property tax abatement,
there will not be any form of fee reimbursement.
2. IDA Counsel Fees – The applicant is also responsible for paying the IDA for
all legal costs it incurs including IDA Counsel and Bond Counsel fees.
4
3. Applicant Attorney Fees – The applicant is responsible for its own attorney
fees associated with closing IDA incentives.
III. Tax Abatement Application
CCIIIIPP AApppplliiccaattiioonn ffoorr TTaaxx AAbbaatteemmeenntt
The City of Ithaca Community Investment Incentive Program provides incentives for
investment in the City. The incentives include property tax reductions and/or
abatements for a period of up to 10 years. Applicants and projects must meet the
minimum eligibility requirements (see application Part 5) in order to apply for the
program
Part 1. –Applicant Information
Application Date:____/____/_____
Company/Applicant Name:________________________________________________
Primary Contact:________________________________________________________
Address:_________________________City:__________State:______Zip:__________
Phone:___________________________Email:_________________________________
Applicant Attorney:______________________________________________________
Attorney Address:_________________City:__________State:______Zip:__________
Attorney Phone:___________________Email:_________________________________
Applicant Accountant:____________________________________________________
Accountant Address:________________City:__________State:_____Zip:_________
Accountant Phone:_________________Email:________________________________
Applicant Engineer/Architect:______________________________________________
Address:_________________________City:__________State:______Zip:__________
Phone:___________________________Email:_________________________________
5
Will a separate company hold title to/own property in question that is separate from
the operating company? If yes, please provide the name and contact information
for that entity.
Company Name:________________________________________________
Primary Contact:________________________________________________________
Address:_________________________City:__________State:______Zip:__________
Phone:___________________________Email:_________________________________
Describe the terms and conditions of the lease between the applicant and the owner
of the property:__________________________________________________________
________________________________________________________________________
Part 2. –Business History
Year Company was Founded:______
Type of Ownership (Corporation, LLC, Sole Proprietor):_____________________
Product or Service:___________________________________________________
____________________________________________________________________
Major Customers:_____________________________________________________
_____________________________________________________________________
Major Suppliers:______________________________________________________
_____________________________________________________________________
Major Local Competitors:_______________________________________________
______________________________________________________________________
6
Part 3. –Project Description
Project Narrative:________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Project Location:________________________________________________________
Property Size (acres) - both existing & proposed:_____________________________
Building Size (square feet) - both existing & proposed:_________________________
Proposed Project Start & Completion Dates:_________________________________
Do you certify that this project will not result in the relocation of all or part of any
business or jobs from another county within New York State to Tompkins County?
______Yes ______No
List the names, nature of business of proposed tenants, and percentage of total
square footage to be used for each tenant (additional sheets may be attached, if
necessary):______________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
7
Part 4. –Project Costs
Value of land to be acquired (if any):________________________________________
Value of buildings to be acquired (if any):____________________________________
Cost of New Construction:___________________% subject to local sales tax_______
Value of Improvements:_____________________% subject to local sales tax_______
Value of Equipment to be Acquired:___________% subject to local sales tax_______
Other:____________________________________% subject to local sales tax_______
Total:____________________
Part 5. – Criteria
Will the proposed project result in an increase to the tax roll value of new real property
by at least $500,000? ________
Does this project contain at least three occupiable stories? __________________
Proposed Height (in stories and feet):___________________
Does the project include a rehab of an existing structure? ____________
Is the project located in the City of Ithaca Density District? __________
Does the project contain the redevelopment of a Brownfield site? _________
8
IV. Certification___________________________________________________
_______________________________________________________deposes that he/she is the _______________
(Name of chief executive officer of company submitting application) (Title)
Of ___________________ , the corporation named in the attached application; That he/she has
(Company Name)
read the foregoing application and knows the contents thereof; that the same is true to his
knowledge. Deponent further says that the reason this verification is made by the
deponent and not by ____________________________ is because the said company is a corporation.
(Company Name)
The grounds of deponent’s belief relative to all matters in the said application which are
not stated upon his own personal knowledge, are investigations which deponent has
caused to be made concerning the subject matter of this application as well as information
acquired by deponent in the course of his duties as an officer of and from the books and
papers of said corporation.
9
As an officer of said corporation (hereinafter referred to as the “Applicant”), deponent
acknowledges and agrees that applicant shall be and is responsible for all costs incurred
by the nonprofit Tompkins County Industrial Development Agency (hereinafter referred
to as the “Agency”) acting in behalf of the attached application whether or not the
application, the project it describes, the attendant negotiations and ultimately the
necessary issue of bonds or transfer of title are ever carried to successful conclusion. If,
for any reason whatsoever, the Applicant fails to conclude or consummate necessary
negotiations or fails to act within a reasonable or specified period of time to take
reasonable, proper, or requested action, or withdraws, abandons, cancels, or neglects the
application or if the Agency or Applicant are unable to find buyers willing to purchase
the total bond issue required or financing for the project, then upon presentation of
invoice, the Applicant shall pay to the Agency, its agents, or assigns all actual costs
involved in conduct of the application, up to that date and time, including but not limited
to fees of bond counsel for the Agency and fees of general counsel for the Agency. Upon
successful conclusion and sale of the required bond issue or transfer of title the Applicant
shall pay to the Agency an administrative fee set by the Agency, not to exceed an amount
equal to 1% of the total project cost. The cost incurred by the Agency and paid by the
Applicant, including bond counsel, the Agency’s general counsel’s fees and the Agency’s
administrative fees, may be considered as a cost of the project and included as part of the
resultant bond issue.
___________________________________________________
(Signature of chief officer of company submitting application)
NOTARY
Sworn to before me this
_______ day of ______________, 20______
____________________________________
V. Completion Status (To be Completed by Staff)
Eligibility Criteria:
Size ________________
Density ________________
Location ________________
Additional Documentation Submitted: _____________
Staff Review Date______________
10
Mayor’s Endorsement date_____________
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Page 2 of 2
Revised: 2/27/12
Page 1 of 17
ORDINANCE NO. ___
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 in §325-3, the District
Regulations Chart, and the special, overriding limitations
that are placed upon non-conforming uses and structures by
Article III), rather than separately or independently.
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. Structure
includes constructed parking spaces, parking areas, and
buildings.
Section 3. Chapter 325, Section 325-8, entitled “District Regulations
Chart” is hereby amended by adding the following:
(10)For special conditions on development of property in R-3 that
directly abuts R-1, See section 325-9B(2)
(11)See Section 325-8A(15) for applicability of minimum height
regulations.
(12)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 IV of this
ordinance.
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Section 4. Chapter 325, Section 325-9,entitled “Standards for Special
Conditions and Special Permits,” is hereby amended to add the
following sub-subsection:
(r) Neighborhood Parking in any district, where such parking is
permitted.
Section 5. Chapter 325, Section 325-20, entitled “Off Street Parking,”
is hereby amended as follows:
(1) 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,
and as provided for in subsection C, below, § 325-20 shall, after
the effective date, 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.
(2) A new subsection “C” is hereby inserted after the existing
subsection “B,” reading as follows, and all subsequent subsections of
§325-20 are hereby re-lettered accordingly:
C. Non-conforming uses. Notwithstanding anything to the contrary
contained in this section or in the District Regulations Chart, the
amount of off-street parking permitted on a property containing a
non-conforming use shall not exceed the amount of parking
determined to have existed on said property at the time it became a
non-conforming use, and shall not be extended onto or relocated to
a different part of the lot or parcel in question, unless a use
variance is granted for such additional parking.
(3) Subsection “D” (previously “C”) is hereby amended as follows:
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
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Item # E1c
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Page 3 of 17
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.
(c) Site plan review. The creation or expansion of off-street
parking areas is also subject to site plan review, unless such
development falls below the applicability thresholds set forth in
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.)
(d) Neighborhood parking area. Notwithstanding anything to the
contrary contained in this chapter, and in addition to any other
generally applicable requirements, the creation or expansion of a
neighborhood parking area (as defined in 325-3, under “PARKING
AREA”) in an R-3 or R-U district shall require a special permit.
(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.
(f) City tree removal. There shall be no removal of any tree located
on City property unless 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
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Item # E1c
Revised: 2/27/12
Page 4 of 17
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)[1] 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. Stormwater runoff
shall not be designed to flow across any public 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 nonresidential zoning
districts see also Section G.
(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
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Item # E1c
Revised: 2/27/12
Page 5 of 17
interfere with sight lines necessary for pedestrian and driver
safety.
[a] Maximum driveway grades. Driveways to areas containing
parking spaces for three 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. Where permitted, one-way driveway aisles shall
have a minimum width of 10 feet and a maximum width of 12 feet,
and Two-way driveway aisles shall have a minimum width of 20
feet 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 earliest 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) Number of off-street parking spaces required (and in R1 and R2
districts the number of off street parking spaces permitted)
(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: WEDZ-1a, CBD-
60, CBD-85, CBD-100, CBD-120, B-1b, and B-2c.
(b) Parking spaces required for specific uses. Off-street parking
spaces shall be provided and maintained in 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, which building or use is newly
established,
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zoning districts,
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zoning districts, one-way
driveway aisles shall have a
minimum
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the R1 and R2 districts.
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Item # E1c
Revised: 2/27/12
Page 6 of 17
erected or enlarged after the effective date of this section
(_March 6, 1996), 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.
Use1 Spaces Required2
Adult day-care home
or group adult day-
care facility
1 for client use, plus 1 per 2
supervisory staff or employees
not residing on the premises
Dormitory 1 per 4 persons housed
Dwelling unit
1 per 3 bedrooms or sleeping
rooms, plus 1 per 2 additional
bedrooms or sleeping rooms,
plus 1 per additional bedroom
or sleeping 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
Bar, tavern or
restaurant
1 per 50 square feet of net
floor area of the assembly
space
Bed-and-breakfast
home or bed-and-
breakfast inn 1 per guest room1,3
Bowling alley 2 per bowling lane
Church, funeral home
or mortuary 1 per 10 seating spaces
Fitness center or
health club
1 per 5 persons allowed as
determined by the maximum
occupancy load
Home occupation
requiring special
permit 1 space3
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Item # E1c
Revised: 2/27/12
Page 7 of 17
Use1 Spaces Required2
Hospital or nursing
or convalescent home 1 per 5 patient beds
Hotel or motel 1 per guest room
Medical or dental
office
1 per 250 square feet of net
assignable floor area
Nursery school, child
day-care center or
private elementary or
secondary school
1 per 2 employees plus 1 per 15
pupils enrolled
Office or bank
1 per 250 square feet of net
assignable floor area
Retail store or
neighborhood
commercial facility
1 per 500 square feet of net
assignable floor area
Wholesale or industry
1 per 2 employees on maximum
work shift
Boat launch 8 per ramp4
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:
1 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.
Item # E1c
Revised: 2/27/12
Page 8 of 17
NOTES:
3 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.
(d) Parking in the Collegetown Parking Overlay Zone.
[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 entitled "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 counted toward meeting the required number
of parking spaces.
(f) Counting of end-to-end parking spaces. When determining the
number of off-street parking 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
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¶
Deleted: Footnote 17:
Editor's Note: A copy of the
District Regulations Chart
is on file in the City
offices.¶
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Deleted: e
Item # E1c
Revised: 2/27/12
Page 9 of 17
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 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 variation 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 § 325-
20C(3)(f).
(b) Use district. 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) Pedestrianway required. A pedestrianway, which in this case may
be private or public, must 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
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Item # E1c
Revised: 2/27/12
Page 10 of 17
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, pedestrianways 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-term lease or comparable
document that is approved by the Building Commissioner.
(5) Parking space, driveway, and driveway aisle size requirements.
(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 pedestrianways, 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 feet, the length of
Item # E1c
Revised: 2/27/12
Page 11 of 17
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.
(4) Subsection “E” (formerly “D”) is amended to read as follows:
E. Parking in front yards.
(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.
(3) In all residential districts, parking in the front yard of lots
which have a width at the street line of more than 50 feet shall be
restricted to an area not greater than 25% of the total area of the
front 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, (A copy of the District Regulations Chart is on file in the
City offices)for the zoning district in which the parking area is
to 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.
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Item # E1c
Revised: 2/27/12
Page 12 of 17
(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
section. 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.)
(5) Subsection “F” (formerly “E”) is hereby amended to read as
follows:
F. Requirements for new or enlarged parking areas with the capacity for
three or more parking spaces on lots within residential zoning
districts.
(1) Required permits. A new or enlarged parking area with the
capacity for three or more parking spaces, on a lot within a
residential zoning district, requires site plan approval (see Chapter
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 parking
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Deleted: s
Item # E1c
Revised: 2/27/12
Page 13 of 17
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 form 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 least eight feet 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 parking areas with the capacity of
three or more cars within residential zoning districts must conform
to either the setback compliance method or the landscaping
compliance method described respectively in 325-20E(5)(a) and (b)
below. Before applying for a variance from this requirement, an
applicant must show that neither method is feasible. Such plans
must also comply with all other general and specific standards of
325-20 and with the 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.
(a) Setback compliance method. Parking areas using the setback
compliance method shall conform to the following standards
[1] Setbacks. The parking area shall not be located within
the required minimum 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 up to 12 feet in width that
provides access for vehicles.
[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 turnaround
and vehicle maneuvering areas associated with parking,
shall not cover more than 50% of any remaining side or
rear yard, as such percentage is calculated after
excluding the required minimum side or rear yard
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Deleted: five
Deleted: Compliance Methods
Deleted: a
Deleted: distance of five
feet from any side or rear
interior lot line.
Deleted: the
Item # E1c
Revised: 2/27/12
Page 13 of 17
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 form 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 least eight feet 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 parking areas with the capacity of
three or more cars within residential zoning districts must conform
to either the setback compliance method or the landscaping
compliance method described respectively in 325-20E(5)(a) and (b)
below. Before applying for a variance from this requirement, an
applicant must show that neither method is feasible. Such plans
must also comply with all other general and specific standards of
325-20 and with the 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.
(a) Setback compliance method. Parking areas using the setback
compliance method shall conform to the following standards
[1] Setbacks. The parking area shall not be located within
the required minimum 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 up to 12 feet in width that
provides access for vehicles.
[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 turnaround
and vehicle maneuvering areas associated with parking,
shall not cover more than 50% of any remaining side or
rear yard, as such percentage is calculated after
excluding the required minimum side or rear yard
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Deleted: five
Deleted: Compliance Methods
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Deleted: distance of five
feet from any side or rear
interior lot line.
Deleted: the
Item # E1c
Revised: 2/27/12
Page 14 of 17
setback areas specified for the applicable zoning
district by the District Regulations Chart. For the
purposes of this calculation, the area of a side or
rear yard shall not include the building area of any
accessory structure located in the yard.
(b) Landscaping compliance method.
[1] A plan for a parking area using the landscaping
compliance method shall be submitted to the Planning
and Development Board for reviewThe required building
permit shall not be issued until a plan approved by the
Board or the Board's designee (and a Certificate of
Appropriateness where applicable-see below) is 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 Chart), 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
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New
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New
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135 pt, Numbered + Level: 3 +
Numbering Style: i, ii, iii, … + Start
at: 1 + Alignment: Right + Aligned
at: 115.8 pt + Tab after: 0 pt +
Indent at: 124.8 pt
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Numbered + Level: 3 + Numbering
Style: i, ii, iii, … + Start at: 1 +
Alignment: Right + Aligned at: 115.8
pt + Tab after: 0 pt + Indent at:
124.8 pt
Deleted: , unless the
proposed site is under the
jurisdiction of the Ithaca
Landmarks Preservation
Commission, in which case
the plan shall be submitted
instead to the Commission
for review. The Board may
designate a member of the
Department of Planning and
Development to approve such
a parking area on its
behalf.
Deleted: either
Deleted: ,
Deleted: or the Commission,
as appropriate in each case,
Deleted: The reviewing body
Deleted: or that lacks the
required five-foot setback
from the property lines
Deleted: reviewing body
Item # E1c
Revised: 2/27/12
Page 14 of 17
setback areas specified for the applicable zoning
district by the District Regulations Chart. For the
purposes of this calculation, the area of a side or
rear yard shall not include the building area of any
accessory structure located in the yard.
(b) Landscaping compliance method.
[1] A plan for a parking area using the landscaping
compliance method shall be submitted to the Planning
and Development Board for reviewThe required building
permit shall not be issued until a plan approved by the
Board or the Board's designee (and a Certificate of
Appropriateness where applicable-see below) is 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 Chart), 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
Formatted: Font: (Default) Courier
New
Formatted: Font: (Default) Courier
New
Formatted: litem3, Indent: Left:
135 pt, Numbered + Level: 3 +
Numbering Style: i, ii, iii, … + Start
at: 1 + Alignment: Right + Aligned
at: 115.8 pt + Tab after: 0 pt +
Indent at: 124.8 pt
Formatted: Indent: Left: 135 pt,
Numbered + Level: 3 + Numbering
Style: i, ii, iii, … + Start at: 1 +
Alignment: Right + Aligned at: 115.8
pt + Tab after: 0 pt + Indent at:
124.8 pt
Deleted: , unless the
proposed site is under the
jurisdiction of the Ithaca
Landmarks Preservation
Commission, in which case
the plan shall be submitted
instead to the Commission
for review. The Board may
designate a member of the
Department of Planning and
Development to approve such
a parking area on its
behalf.
Deleted: either
Deleted: ,
Deleted: or the Commission,
as appropriate in each case,
Deleted: The reviewing body
Deleted: or that lacks the
required five-foot setback
from the property lines
Deleted: reviewing body
Item # E1c
Revised: 2/27/12
Page 15 of 17
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 limited 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.
(4) Drainage. Surface or runoff water must be collected and
transmitted or piped to the nearest storm 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 stormwater 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.
(5) Maintenance. The landscaping or other elements used to comply with
§ 325-20E shall be maintained, replaced or pruned as required to
Deleted: or the Ithaca
Landmarks Commission as
appropriate.
Deleted: ¶
Deleted: 3
Deleted: 4
Item # E1c
Revised: 2/27/12
Page 16 of 17
fulfill this section's standards, including provision of the
required screening and compatibility with the surrounding
residential neighborhood.
Section 6. Chapter 325, Section 325-30,entitled “Conditions of Lawful
Continuation” is hereby amended to read as follows:
C. Legal nonconforming uses of any building or land shall
adhere to the conditions of this article, even though such
uses may not conform to other provisions of this chapter.
The lawful use of any building or land legally existing at
the time of enactment of this chapter may be continued only
subject to the provisions of this article.
Section 7. Chapter325, Section 325-31, entitled “Construction or use
approved prior to adoption of or amendment to chapter,” is hereby
deleted in entirety.
Section 8. Chapter 325, Section 325-32, entitled “Repair, changes in
use, extension or enlargement of nonconforming uses or structures” is
hereby amended to read as follows:
C. Extension or enlargement of nonconforming uses or structures.
(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 or structures not already legally devoted to such use or to
other land not already legally devoted to such use, except by means of
a use variance granted by the Board of Appeals.
(2) A nonconforming structure which is used as permitted in the
district in which it is located, but does not comply with the minimum
lot size requirement and/or parking requirements applicable in the
district, may not be extended or enlarged except by means of an area
variance granted by the Board of Appeals; however, a nonconforming
structure may be enlarged without the necessity of obtaining such a
variance, provided that:
(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 parking requirements of the district in which
it is located.
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underline
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Formatted: Underline
Deleted: ¶
Deleted: although
Deleted: Nothing herein
contained shall require any
change in ¶
plans, construction or
designated use of a building
for which a building permit
has been heretofore issued
and which entire building
shall be completed according
to such plans as filed
within two years from the
effective date of this
chapter or any amendments
hereto.
Deleted: to other structures
Deleted: other portions of
structures not
Item # E1c
Revised: 2/27/12
Page 17 of 17
(3) A nonconforming structure which is used as permitted 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.
Section 9. Chapter 325, Section 325-33, entitled “Discontinuation of
Use,” is hereby amended to read as follows:
Nonoperation 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 after such litigation is ended or such repairs are deemed
complete, provided such resumption occurs within the remainder of
the afore-mentioned 12-month period.
Section 10. Chapter 325, Section 325-34, entitled “Restoration after
Damage”, is hereby amended to read as follows:
A nonconforming structure which is entirely devoted to
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.
Deleted: ¶
Deleted: within 12 successive
calendar months from the
time
Deleted: building
Deleted: ¶
Item # E1c
Revised: 2/27/12
Page 17 of 17
(3) A nonconforming structure which is used as permitted 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.
Section 9. Chapter 325, Section 325-33, entitled “Discontinuation of
Use,” is hereby amended to read as follows:
Nonoperation 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 after such litigation is ended or such repairs are deemed
complete, provided such resumption occurs within the remainder of
the afore-mentioned 12-month period.
Section 10. Chapter 325, Section 325-34, entitled “Restoration after
Damage”, is hereby amended to read as follows:
A nonconforming structure which is entirely devoted to
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.
Deleted: ¶
Deleted: within 12 successive
calendar months from the
time
Deleted: building
Deleted: ¶
Item # E1c
Revised: 2/27/12
Page 14 of 17
setback areas specified for the applicable zoning
district by the District Regulations Chart. For the
purposes of this calculation, the area of a side or
rear yard shall not include the building area of any
accessory structure located in the yard.
(b) Landscaping compliance method.
[1] A plan for a parking area using the landscaping
compliance method shall be submitted to the Planning
and Development Board for reviewThe required building
permit shall not be issued until a plan approved by the
Board or the Board's designee (and a Certificate of
Appropriateness where applicable-see below) is 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 Chart), 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
Formatted: Font: (Default) Courier
New
Formatted: Font: (Default) Courier
New
Formatted: litem3, Indent: Left:
135 pt, Numbered + Level: 3 +
Numbering Style: i, ii, iii, … + Start
at: 1 + Alignment: Right + Aligned
at: 115.8 pt + Tab after: 0 pt +
Indent at: 124.8 pt
Formatted: Indent: Left: 135 pt,
Numbered + Level: 3 + Numbering
Style: i, ii, iii, … + Start at: 1 +
Alignment: Right + Aligned at: 115.8
pt + Tab after: 0 pt + Indent at:
124.8 pt
Deleted: , unless the
proposed site is under the
jurisdiction of the Ithaca
Landmarks Preservation
Commission, in which case
the plan shall be submitted
instead to the Commission
for review. The Board may
designate a member of the
Department of Planning and
Development to approve such
a parking area on its
behalf.
Deleted: either
Deleted: ,
Deleted: or the Commission,
as appropriate in each case,
Deleted: The reviewing body
Deleted: or that lacks the
required five-foot setback
from the property lines
Deleted: reviewing body
Item # E1c
Revised: 2/27/12
Page 15 of 17
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 limited 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.
(4) Drainage. Surface or runoff water must be collected and
transmitted or piped to the nearest storm 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 stormwater 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.
(5) Maintenance. The landscaping or other elements used to comply with
§ 325-20E shall be maintained, replaced or pruned as required to
Deleted: or the Ithaca
Landmarks Commission as
appropriate.
Deleted: ¶
Deleted: 3
Deleted: 4
Item # E1c
Revised: 2/27/12
Page 16 of 17
fulfill this section's standards, including provision of the
required screening and compatibility with the surrounding
residential neighborhood.
Section 6. Chapter 325, Section 325-30,entitled “Conditions of Lawful
Continuation” is hereby amended to read as follows:
C. Legal nonconforming uses of any building or land shall
adhere to the conditions of this article, even though such
uses may not conform to other provisions of this chapter.
The lawful use of any building or land legally existing at
the time of enactment of this chapter may be continued only
subject to the provisions of this article.
Section 7. Chapter325, Section 325-31, entitled “Construction or use
approved prior to adoption of or amendment to chapter,” is hereby
deleted in entirety.
Section 8. Chapter 325, Section 325-32, entitled “Repair, changes in
use, extension or enlargement of nonconforming uses or structures” is
hereby amended to read as follows:
C. Extension or enlargement of nonconforming uses or structures.
(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 or structures not already legally devoted to such use or to
other land not already legally devoted to such use, except by means of
a use variance granted by the Board of Appeals.
(2) A nonconforming structure which is used as permitted in the
district in which it is located, but does not comply with the minimum
lot size requirement and/or parking requirements applicable in the
district, may not be extended or enlarged except by means of an area
variance granted by the Board of Appeals; however, a nonconforming
structure may be enlarged without the necessity of obtaining such a
variance, provided that:
(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 parking requirements of the district in which
it is located.
Formatted: No underline
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underline
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underline
Formatted: Underline
Formatted: Underline
Formatted: Underline
Formatted: Underline
Formatted: Underline
Formatted: Underline
Formatted: Underline
Deleted: ¶
Deleted: although
Deleted: Nothing herein
contained shall require any
change in ¶
plans, construction or
designated use of a building
for which a building permit
has been heretofore issued
and which entire building
shall be completed according
to such plans as filed
within two years from the
effective date of this
chapter or any amendments
hereto.
Deleted: to other structures
Deleted: other portions of
structures not
Item # E1c
Revised: 2/27/12
Page 17 of 17
(3) A nonconforming structure which is used as permitted 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.
Section 9. Chapter 325, Section 325-33, entitled “Discontinuation of
Use,” is hereby amended to read as follows:
Nonoperation 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 after such litigation is ended or such repairs are deemed
complete, provided such resumption occurs within the remainder of
the afore-mentioned 12-month period.
Section 10. Chapter 325, Section 325-34, entitled “Restoration after
Damage”, is hereby amended to read as follows:
A nonconforming structure which is entirely devoted to
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.
Deleted: ¶
Deleted: within 12 successive
calendar months from the
time
Deleted: building
Deleted: ¶
Item # E1c
Revised: 2/27/12
Page 17 of 17
(3) A nonconforming structure which is used as permitted 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.
Section 9. Chapter 325, Section 325-33, entitled “Discontinuation of
Use,” is hereby amended to read as follows:
Nonoperation 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 after such litigation is ended or such repairs are deemed
complete, provided such resumption occurs within the remainder of
the afore-mentioned 12-month period.
Section 10. Chapter 325, Section 325-34, entitled “Restoration after
Damage”, is hereby amended to read as follows:
A nonconforming structure which is entirely devoted to
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.
Deleted: ¶
Deleted: within 12 successive
calendar months from the
time
Deleted: building
Deleted: ¶
Item # E1c