HomeMy WebLinkAbout06-13-12 Planning & EDC Meeting AgendaMEETING NOTICE
City of Ithaca Planning & Economic Development Committee
Wednesday, June 13, 2012 – 7:00 p.m.
* Please Note Time Change *
Common Council Chambers, City Hall, 108 East Green Street
A. Agenda Review
B. Special Order of Business
C. Public Comment and Response from Committee Members (7:00 pm)
D. Announcements, Updates and Reports (7:10 pm)
1. Comprehensive Plan
2. Intermunicipal Planning Coordination
3. Emerson
4. Collegetown
5. Energy Action Plan
E. Action Items
1. Amendments to Landmarks Preservation Ordinance (7:20 pm)
***refer to materials in January 2012 committee packet***
a. Memo
b. Short Environmental Assessment Form (Parts I and II) - updated
c. Ordinance amending Chapter 73
d. Ordinance amending Chapter 228
F. Discussion Items (direction for development of possible future action items)
1. Changes to the Community Investment Incentive Program (7:30 pm)
***refer to materials in May 2012 committee packet***
2. Changes to Site Plan Review Ordinance (7:45 pm)
a. Concept Memo
b. Current Site Plan Review Ordinance
c. Proposed New Site Plan Review Ordinance (clean and changes tracked)
3. Changes to Exterior Property Maintenance Ticketing System (8:00 pm)
a. Proposed Ordinance amending Chapter 178 - Exterior Maintenance
b. Proposed Ordinance amending Chapter 258 - Rental Housing
4. Removing Minimum Off-Street Parking Requirements (8:15 pm)
a. Proposed Ordinance amending Chapter 325-20 - Off-Street Parking
5. Agenda Planning - potential upcoming items (8:35 pm)
a. Amending Industrial Districts to Allow Housing
b. Review of Nuisance Ordinances
G. Approval of Minutes (8:50 pm) – February and March 2012
H. Adjournment (8:55 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, June 12, 2012.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
To: Planning & Economic Development Committee
From: Lynn C. Truame, Historic Preservation Planner
Date: June 13, 2012
RE: Revised Proposal to Amend City of Ithaca Landmarks Preservation
Ordinance
The purpose of this memo is to provide information regarding the revised proposal to amend the
City of Ithaca Landmarks Preservation Ordinance. In October of 2011, proposed revisions to the
ordinance were circulated and reviewed by Tompkins County and the Planning & Development
Board. Some minor revisions were made based on input received from the Planning &
Development Board and the revised documents were then reviewed by the Planning & Economic
Development Committee in January 2012. Subsequent to that review, additional revisions to the
proposal were made based on input from Cornell University and the City Attorney’s Office, and
from staff in the State Historic Preservation Office. The revisions now being proposed represent
changes to the proposed ordinance made since it was last reviewed by this committee in January
2012. These revisions were reviewed by the Planning Board on May 22, 2012.
Prior revisions made to the existing ordinance, which have already been reviewed, were
summarized in the concept memo dated January 4, 2012. The proposed revisions now under
consideration are intended to align Ithaca’s ordinance with an upcoming revision to the New
York State Model Historic Preservation Ordinance, and to address some specific issues raised by
Cornell University, to which the City Attorney’s office has responded. The revised proposed
ordinance would repeal both the existing Chapter 73, Landmarks Preservation Commission, and
the existing Chapter 228, Landmarks Preservation, and replace them with a new Chapter 73,
Landmarks Preservation Commission, and a new Chapter 228, Landmarks Preservation, within
the City Municipal Code.
Substantive revisions to the proposed ordinance reviewed by this committee in January 2012
include the following:
…changes made for the purpose of clarification:
Clarification that, in addition to routine repair and maintenance or replacement in kind,
staff may approve any type of work that has been previously determined by the ILPC to
be appropriate for delegation to staff;
1
Item # E1a
2
Clarification that the ILPC recommends designation of historic resources to Common
Council, while Common Council designates such resources;
Clarification that a Finding of Economic Hardship may be issued at the same meeting as,
though subsequent to, denial of a Certificate of Appropriateness;
…changes made for the purpose of aligning Ithaca’s ordinance with the upcoming revised New
York State Model Ordinance:
A new statement that one of the purposes of the landmarks ordinance is to insure the
harmonious, orderly, and efficient growth and development of the City;
A new subsection that enumerates and elaborates on the principles and criteria used by
the Commission in evaluating applications for a Certificate of Appropriateness;
A new statement that any person in charge of a property who alters or demolishes it
without appropriate approvals may be required to restore the property to its appearance
prior to the violation;
A new statement that demolition of a local landmark is prohibited unless and until a
Finding of Economic Hardship has been made by the ILPC or the Building Department
has made an express finding that the structure presents an imminent threat to the public
health, safety, and welfare;
A new statement that enumerates, and distinguishes between, the criteria applicable to
for-profit owners and the criteria applicable to non-profit owners who are seeking to
demonstrate economic hardship sufficient to justify demolition of a designated historic
structure;
…changes made in response to specific issues raised by Cornell University, with the agreement
of the Office of the City Attorney:
A revision to the new Early Design Guidance process making it non-binding;
A reduction in the allowable time period for notifying the applicant, City Clerk, and
Building Commissioner of ILPC decisions from 30 days to 10 days;
A new requirement that subcommittees of the ILPC consist of no less than three current
members of the commission.
Staff will attend the Planning & Economic Development Committee meeting on Wednesday,
June 13, 2012, to answer any questions you may have. You may also contact me at 274-6555 or
ltruame@cityofithaca.org.
Item # E1a
Item #E1b
J:\GROUPS\Planning and Econ Dev Committee\2012 Planning and Economic Development Committee\06
June\E1b LeadAgencyRes_LandmarksOrd_6_13_2012.doc
06/08/12
Proposed Resolution
Planning & Economic Development Committee
June 13, 2012
An Ordinance to Amend the Municipal Code of the City of Ithaca to Repeal and Replace
Chapter 73, “Landmarks Preservation Commission” and Repeal and Replace Chapter 228,
“Landmarks Preservation” – Declaration of Lead Agency for 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 amendment of Chapter 73, “Landmarks Preservation Commission”
and the proposed repeal and replacement of Chapter 228, “Landmarks Preservation”, is an
“Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance,
which requires environmental review under CEQR; now, therefore, be it
RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself lead
agency for the environmental review of the repeal and replacement of Chapter 73, “Landmarks
Preservation Commission” and the repeal and replacement of Chapter 228, “Landmarks
Preservation”.
Item #E1c
Item #E1c
Item # E1d
Proposed Resolution
Planning Committee
June 13, 2012
An Ordinance to Amend the Municipal Code of the City of Ithaca to Repeal and
Replace Chapter 73, “Landmarks Preservation Commission” and Repeal and
Replace Chapter 228, “Landmarks Preservation” – Determination of
Environmental Significance
WHEREAS, the City of Ithaca is considering an amendment to the Municipal Code in
order to repeal and replace Chapter 73 “Landmarks Preservation Commission” and to
repeal and replace Chapter 228, “Landmarks Preservation,” and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (SEAF), dated May 1, 2012, and
WHEREAS, the proposed 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 Short Environmental
Assessment Form, dated May 1, 2012, 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.
Item # E1e
Item # E1f
ILPC Meeting – 5/8/12
Resolution – RA
RESOLUTION: Moved by S. Gibian, seconded by D. Kramer.
WHEREAS, Chapters 73 (“Landmarks Preservation Commission”) and 228 (“Landmarks
Preservation”) of the City Municipal code, collectively known as the Landmarks
Preservation Ordinance, were first enacted in 1975 and have since been
periodically amended, most recently in 1998, and
WHEREAS, substantial revisions to Chapter 228 and certain related changes to Chapter 73
were reviewed by this Commission in November 2011 and a resolution was
passed recommending their adoption by Common Council, and
WHEREAS, additional revisions to these chapters are now proposed, including the
following:
…changes made for the purpose of clarification:
• Clarification that, in addition to routine repair and maintenance or
replacement in kind, staff may approve any type of work that has been
previously determined by the ILPC to be appropriate for delegation to staff;
• Clarification that the ILPC recommends designation of historic
resources to Common Council, while Common Council designates such
resources;
• Clarification that a Finding of Economic Hardship may be issued at
the same meeting as, though subsequent to, denial of a Certificate of
Appropriateness; and
…changes made for the purpose of aligning Ithaca’s ordinance with the
upcoming revised New York State Model Ordinance:
• A new statement that one of the purposes of the landmarks ordinance
is to insure the harmonious, orderly, and efficient growth and development of
the City;
• A new subsection that enumerates and elaborates on the principles and
criteria used by the Commission in evaluating applications for a Certificate of
Appropriateness;
• A new statement that any person in charge of a property who alters or
demolishes it without appropriate approvals is required to restore the property
to its appearance prior to the violation;
ILPC Meeting – 5/8/12
Resolution – RA
• A new statement that demolition of a local landmark is prohibited
unless and until a Finding of Economic Hardship has been made by the ILPC
or the Building Department has made an express finding that the structure
presents an imminent threat to the public health, safety, and welfare;
• A new statement that enumerates, and distinguishes between, the
criteria applicable to for-profit owners and the criteria applicable to non-profit
owners who are seeking to demonstrate economic hardship sufficient to justify
demolition of a designated historic structure; and
…changes made in response to specific issues raised by Cornell University,
with the agreement of the Office of the City Attorney:
• A revision to the new Early Design Guidance process, making it non-
binding;
• A reduction in the allowable time period for notifying the applicant,
City Clerk, and Building Commissioner of ILPC decisions from 30 days to 10
days;
• A new requirement that subcommittees of the ILPC consist of no
fewer than three current members of the commission; and
WHEREAS, the ILPC has reviewed the proposed additional revisions to the ordinances and
finds that said revisions will better effectuate the goals of the Landmarks
Preservation Ordinance, now therefore be it
RESOLVED, that the ILPC supports the proposed additional revisions to Chapters 73 and 228
of the City Municipal Code, and be it further
RESOLVED, that the ILPC recommends the adoption of the proposed revised ordinance by
the Common Council.
RECORD OF VOTE: 6-0-0
Yes
S. Gibian
D. Kramer
E. Finegan
M. McGandy
C. O’Malley
S. Stein
No
Abstain
2
J:\GROUPS\Ithaca Landmarks Preservation Commission\Ordinance Revisions\Current
Versions\city improvements - regulated\most current\merged changes since 1.12\Chapter
73 v.1 4.24.12.DOC
1
Chapter 73, LANDMARKS PRESERVATION COMMISSION
§73-1 Establishment.
To effectuate the goals of Chapter 228, Landmarks Preservation, there is hereby
established in and for the City of Ithaca a Commission to be known as the "Ithaca
Landmarks Preservation Commission."
§73-2 Membership, Appointment, and Compensation.
A. Membership. The Commission shall consist of seven members.
B. Appointment. Members of the Commission shall be appointed by the Mayor with the
advice and consent of the Common Council. Three members shall be selected, each
of whom shall possess professional qualifications evidencing expertise in historic
preservation, architecture, city planning or building construction. The four remaining
members shall be selected to represent the community at large. In filling two of these
four at large seats, preference will be given to individuals who represent the
commercial interests of the community.
C. Terms. The original appointments of the members of the Commission shall be three
for one year, two for two years and two for three years from January following the
year of such appointment, or until their successor is named to serve out the unexpired
portion of their term of appointment, or until their successor is appointed to serve for
the term of three years.
D. Vacancies. Vacancies occurring in the Commission other than by expiration of term
of office shall be filled by appointment by the Mayor, but such appointment shall be
only for the unexpired portion of the term of the member replaced.
E. Reappointment. Members may serve for more than one term, and each member shall
serve until the appointment of a successor.
F. Method of selection to fill vacancies. Vacancies shall be filled by the Mayor
according to the original selection as aforesaid.
G. Compensation. Members shall serve without compensation.
H. Quorum. A majority of the Commission shall constitute a quorum for the transaction
of business.
§73-3 Organization.
A. Officers. The Landmarks Preservation Commission shall elect from its membership a
Chairperson and a Vice Chairperson whose terms of office shall be fixed by the
Commission. The Chairperson shall preside over the Commission and shall have the
right to vote. The Vice Chairperson shall, in cases of absence or disability of the
Chairperson, perform the duties of the Chairperson.
B. Secretary. The Director of Planning and Development or his/her designee shall serve
as the Secretary to the Commission. The Secretary shall keep a record of all
resolutions, proceedings and actions of the Landmarks Preservation Commission, and
shall have the authority to act as provided for in §228-6 C of the City Municipal
Code.
Deleted: ,
Item # E1f - 1
J:\GROUPS\Ithaca Landmarks Preservation Commission\Ordinance Revisions\Current
Versions\city improvements - regulated\most current\merged changes since 1.12\Chapter
73 v.1 4.24.12.DOC
2
§73-4 Powers and Duties.
The powers of the Commission shall include:
A. Adoption of criteria for the identification of significant historic, architectural, and
cultural landmarks and for the delineation of historic districts;
B. Conduct of surveys of significant historic, architectural, and cultural landmarks and
historic districts within the city;
C. Recommending designation by Common Council of identified structures or resources
as landmarks and historic districts;
D. Adoption of criteria for the evaluation of applications for a Certificate of
Appropriateness;
E. Approval or disapproval of proposals for exterior change resulting in applications for
a Certificate of Appropriateness pursuant to §228-4 and §228-5 of the City Municipal
Code;
F. Approval or disapproval of applications for a Finding of Economic Hardship pursuant
to §228-9 and §228-10 of the City Municipal Code;
G. Making recommendations to the City concerning the acquisition of preservation
easements or other interests in real property as necessary to carry out the purposes of
§228-2 of the City Municipal Code;
H. Increasing public awareness of the value of historic, cultural, and architectural
preservation by developing and participating in public education programs;
I. Making recommendations to the City concerning the utilization of state, federal, or
private funds to promote the preservation of landmarks and historic districts within
the city;
J. Recommending acquisition of a landmark structure by the City where its preservation
is essential to the purposes of §228-2 of the City Municipal Code and where private
preservation is not feasible;
K. Preparing a report or recommendation to other City boards and committees regarding
plans and proposals that could have an impact on designated individual landmarks
and/or historic districts;
L. Delegation of work to staff and professional consultants as necessary to carry out the
duties of the Commission, within the budget provided therefore by the City of Ithaca;.
§73-5 Promulgation of Rules; Meetings.
The Commission shall adopt rules for the transaction of its business, which shall provide
for the time and place of holding regular meetings. Regular meetings shall be held at least
once each month. The Commission’s rules shall provide for the calling of special
meetings by the Chairperson or by at least three members of the Commission. All regular
or special meetings of the Commission shall be open to the public, and any person shall
be entitled to appear and be heard on a matter before the Commission before it reaches its
decision.
§73-6 Records and Annual Report.
The Commission shall keep a record, which shall be open to the public view, of its
resolutions, proceedings and actions. The vote or failure to vote of each member shall be
Formatted: Indent: Left: 0 pt,
Hanging: 18 pt
Formatted: Indent: Left: 0 pt,
Hanging: 18 pt
Deleted: Designation
Deleted: façade
Deleted: Preparation of
Deleted: locally designated landmarks
Item # E1f - 1
J:\GROUPS\Ithaca Landmarks Preservation Commission\Ordinance Revisions\Current
Versions\city improvements - regulated\most current\merged changes since 1.12\Chapter
73 v.1 4.24.12.DOC
3
recorded. The concurring affirmative vote of a majority of those members present shall
constitute approval of plans before it for review or for the adoption of any resolution,
motion or other action of the Commission. The Commission shall submit an annual report
of its activities to the Mayor and to the Common Council and make such
recommendations to the Common Council as it deems necessary to carry out the purposes
of this chapter and Chapter 228, Landmarks Preservation.
§73-7 Committees.
The Landmarks Preservation Commission may, by rule, establish permanent or ad hoc
committees consisting of no less than three current members of the ILPC for assignments
delegated by the full Commission.
§73-8 Cooperation of City Departments.
As an aid toward cooperation in matters which concern the integrity of the designated
landmarks and historic districts, all City departments shall, upon request, furnish to the
Landmarks Preservation Commission, within a reasonable time, the available maps,
plans, reports and statistical or other information the Commission may require for its
work.
Item # E1f - 1
An Ordinance Amending the Municipal Code of the City Of Ithaca to
Amend Chapter 73, Entitled “Landmarks Preservation Commission”
WHEREAS, Chapter 73 of the Municipal Code of the City of Ithaca,
Landmarks Preservation Commission, was first enacted in 1975 and
was amended in 1984, and
WHEREAS, amendments to Chapter 73 have been proposed, the purpose
of which are to coordinate the content of Chapter 73 with the
content of Chapter 228, “Landmarks Preservation”, now therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, as follows:
ORDINANCE NO.
Section 1. Chapter 73, Landmarks Preservation Commission, of the
Municipal Code of the City of Ithaca is hereby amended, to read
as follows:
§73-1 Establishment.
To effectuate the goals of Chapter 228, Landmarks
Preservation, there is hereby established in and for
the City of Ithaca a Commission to be known as the
"Ithaca Landmarks Preservation Commission."
§73-2 Membership, Appointment, and Compensation.
A. Membership. The Commission shall consist of seven
members.
B. Appointment. Members of the Commission shall be
appointed by the Mayor with the advice and consent
of the Common Council. Three members shall be
selected, each of whom shall possess professional
qualifications evidencing expertise in historic
preservation, architecture, city planning or
building construction. The four remaining members
shall be selected to represent the community at
large. In filling two of these four at-large
seats, preference will be given to individuals who
represent the commercial interests of the
community.
C. Terms. The original appointments of the members of
the Commission shall be three for one year, two for
two years and two for three years from January
following the year of such appointment, or until
their successor is named to serve out the unexpired
portion of their term of appointment, or until
their successor is appointed to serve for the term
of three years.
D. Vacancies. Vacancies occurring in the Commission
other than by expiration of term of office shall be
filled by appointment by the Mayor, but such
appointment shall be only for the unexpired portion
of the term of the member replaced.
1
Item # E1f - 2
E. Reappointment. Members may serve for more than one
term, and each member shall serve until the
appointment of a successor.
F. Method of selection to fill vacancies. Vacancies
shall be filled by the Mayor according to the
original selection as aforesaid.
G. Compensation. Members shall serve without
compensation.
H. Quorum. A majority of the Commission shall
constitute a quorum for the transaction of
business.
§73-3 Organization.
A. Officers. The Landmarks Preservation Commission
shall elect from its membership a Chairperson and a
Vice Chairperson whose terms of office shall be
fixed by the Commission. The Chairperson shall
preside over the Commission and shall have the
right to vote. The Vice Chairperson shall, in cases
of absence or disability of the Chairperson,
perform the duties of the Chairperson.
B. Secretary. The Director of Planning and
Development or his/her designee shall serve as the
Secretary to the Commission. The Secretary shall
keep a record of all resolutions, proceedings, and
actions of the Landmarks Preservation Commission,
and shall have the authority to act as provided for
in §228-6C of the City Municipal Code.
§73-4 Powers and Duties.
The powers of the Commission shall include:
A. Adoption of criteria for the identification of
significant historic, architectural, and cultural
landmarks and for the delineation of historic
districts;
B. Conduct of surveys of significant historic,
architectural, and cultural landmarks and historic
districts within the city;
C. Recommending designation by Common Council of
identified structures or resources as landmarks and
historic districts;
D. Adoption of criteria for the evaluation of
applications for a Certificate of Appropriateness;
E. Approval or disapproval of proposals for exterior
change resulting in applications for a Certificate
of Appropriateness pursuant to §228-4 and §228-5 of
the City Municipal Code;
F. Approval or disapproval of applications for a
Finding of Economic Hardship pursuant to §228-9 and
§228-10 of the City Municipal Code;
G. Making recommendations to the City concerning the
acquisition of preservation easements or other
interests in real property as necessary to carry
out the purposes of §228-2 of the City Municipal
Code;
2
Item # E1f - 2
H. Increasing public awareness of the value of
historic, cultural, and architectural preservation
by developing and participating in public education
programs;
I. Making recommendations to the City concerning the
utilization of state, federal, or private funds to
promote the preservation of landmarks and historic
districts within the city;
J. Recommending acquisition of a landmark structure by
the City where its preservation is essential to the
purposes of §228-2 of the City Municipal Code and
where private preservation is not feasible;
K. Preparing a report or recommendation to other City
boards and committees regarding plans and proposals
that could have an impact on designated individual
landmarks and/or historic districts;
L. Delegation of work to staff and professional
consultants as necessary to carry out the duties of
the Commission, within the budget provided
therefore by the City of Ithaca.
§73-5 Promulgation of Rules; Meetings.
The Commission shall adopt rules for the transaction
of its business, which shall provide for the time and
place of holding regular meetings. Regular meetings
shall be held at least once each month. The
Commission’s rules shall provide for the calling of
special meetings by the Chairperson or by at least
three members of the Commission. All regular or
special meetings of the Commission shall be open to
the public, and any person shall be entitled to appear
and be heard on a matter before the Commission before
it reaches its decision.
§73-6 Records and Annual Report.
The Commission shall keep a record, which shall be
open to the public view, of its resolutions,
proceedings and actions. The vote or failure to vote
of each member shall be recorded. The concurring
affirmative vote of a majority of those members
present shall constitute approval of plans before it
for review or for the adoption of any resolution,
motion or other action of the Commission. The
Commission shall submit an annual report of its
activities to the Mayor and Common Council and make
such recommendations to the Common Council as it deems
necessary to carry out the purposes of this chapter
and Chapter 228, Landmarks Preservation.
§73-7 Committees.
The Landmarks Preservation Commission may, by rule,
establish permanent or ad hoc committees consisting of
3
Item # E1f - 2
4
no less than three current members of the ILPC for
assignments delegated by the full Commission.
§73-8 Cooperation of City Departments.
As an aid toward cooperation in matters which concern
the integrity of the designated landmarks and historic
districts, all City departments shall, upon request,
furnish to the Landmarks Preservation Commission,
within a reasonable time, the available maps, plans,
reports and statistical or other information the
Commission may require for its work.
Item # E1f - 2
C:\Documents and Settings\ltruame\Desktop\Chapter 228 6.13.12 Planning
Committee.DOC
1
Chapter 228, LANDMARKS PRESERVATION
GENERAL REFERENCES
Landmarks Preservation Commission—See Ch. 73.
Building construction—See Ch. 146.
Signs—See Ch. 272.
Zoning—See Ch. 325.
§ 228-1. Title.
This chapter shall be known and may be cited as the “City of Ithaca Landmarks
Preservation Ordinance.”
§ 228-2. Purpose.
The purpose of this chapter is to:
A. Promote the educational, cultural, economic and general welfare of the public through
the protection, enhancement and perpetuation of buildings, structures, landscape
features, archeological sites, and districts of historic and cultural significance.
B. Safeguard the city’s historic, aesthetic and cultural heritage as reflected in such
buildings, structures, landscape features, archeological sites, and districts.
C. Protect the value of historic properties and their owners’ investment in them, and
stabilize historic neighborhoods.
D. Foster civic pride in the legacy of beauty and achievements of the past.
E. Protect and enhance the city’s attractiveness to tourists and visitors and the support
and stimulus to the economy thereby provided.
F. Strengthen the economy of the city.
G. Promote the use of buildings, structures, landscape features, archeological sites, and
districts of historic and cultural significance as sites for the education, pleasure and
welfare of the people of the city.
H. Insure the harmonious, orderly, and efficient growth and development of the city.
§ 228-3. Designation of Individual Landmarks or Historic Districts.
A. As set forth in §73-4, the Ithaca Landmarks Preservation Commission is responsible
for recommending to Common Council the designation of identified structures or
resources as individual landmarks and historic districts within the city.
B. The Ithaca Landmarks Preservation Commission may recommend such designation
of an individual property as an individual landmark if it:
1. Possesses special character or historic or aesthetic interest or value as part of the
cultural, political, economic, or social history of the locality, region, state, or
nation; or
2. Is identified with historically significant person (s) or event(s); or
3. Embodies the distinguishing characteristics of an architectural style; or
4. Is the work of a designer whose work has significantly influenced an age; or
Deleted: landmarks
Deleted: by preserving
Deleted: landmarks
Deleted:
Deleted: of historical and cultural
significance
Deleted: attractions
Deleted: business
Deleted: landmarks
Deleted: the
Deleted: designate
Deleted: ¶
Item # E1g - 1
C:\Documents and Settings\ltruame\Desktop\Chapter 228 6.13.12 Planning
Committee.DOC
2
5. Represents an established and familiar visual feature of the community by virtue
of its unique location or singular physical characteristics.
C. The Ithaca Landmarks Preservation Commission may recommend such designation
of a group of properties as an historic district if the group:
1. Contains primarily properties which meet one or more of the criteria for
designation as an individual landmark; and
2. Constitutes a distinct section of the city by reason of possessing those qualities
that would satisfy such criteria.
D. Notice of a proposed designation shall be sent to the owner or owners of the property
or properties proposed for designation, describing the property proposed, or if in a
district, the proposed district boundary, and announcing a public hearing by the
Commission to consider the designation. Where the proposed designation involves
so many owners that the Commission deems individual notice to be infeasible, notice
may instead be published at least once in the City’s official newspaper at least 15
days prior to the date of the public hearing. Once the Commission has issued notice
of a proposed designation, no building permits or demolition permits shall be issued
by the Building Commissioner as long as the proposed designation is under active
consideration by the Commission and until the Commission has made its decision.
E. The Commission shall hold a public hearing prior to designation of any individual
landmark or historic district. Notice of the public hearing shall be published at least
once in the City’s official newspaper at least 15 days prior to the date of the public
hearing. The notice shall specify the time and place of the public hearing, a brief
description of the proposed designation, and the location where the proposal may be
reviewed prior the hearing. The Commission, property owners, and any interested
parties may present testimony or documentary evidence at the hearing which will
become part of a record regarding the historic, architectural, or cultural importance of
the proposed individual landmark or historic district. The record may also contain
staff reports, public comments, expert testimony, or other evidence offered outside of
the hearing.
F. Within seven days after it has recommended designation of an individual landmark or
historic district, the Commission shall file a copy of such recommended designation
with the Planning and Development Board and with the Common Council.
G. Within 60 days of the Commission recommending designation, the Planning and
Development Board shall file a report with Common Council with respect to the
relation of such proposed designation to the Comprehensive Plan, the zoning laws,
projected public improvements, and any plans for the renewal of the site or area
involved. The Council shall, within 90 days of said recommendation of designation,
approve, disapprove, or refer the proposed designation back to the Commission for
modification.
H. Any designation approved by the Council shall be in effect on and after the date of
approval by Council. The Commission shall forward notice of each property
designated as an individual landmark and the boundaries of each designated historic
district to the Building Commissioner and the City Clerk for recordation.
Deleted: neighborhood
Deleted: designate
Deleted: of
Deleted: is
Deleted: designation by
Deleted: ¶
Item # E1g - 1
C:\Documents and Settings\ltruame\Desktop\Chapter 228 6.13.12 Planning
Committee.DOC
3
§ 228-4. Certificate of Appropriateness for Alteration, Demolition, or New
Construction Affecting Individual Landmarks or Historic Districts.
As set forth in §73-4, the Ithaca Landmarks Preservation Commission is responsible for
the approval or disapproval of proposals for exterior changes to a designated historic
property. No person shall carry out any exterior alteration, restoration, reconstruction,
demolition, new construction, or moving of an individual landmark or property within an
historic district, nor shall any person make any change in the exterior appearance of such
property, its site, its light fixtures, signs, sidewalks, fences, steps, paving, or other
exterior elements, without first obtaining a Certificate of Appropriateness or Finding of
Economic Hardship from the Ithaca Landmarks Preservation Commission, or obtaining
approval by the Commission’s Secretary pursuant to §228-6 C. All changes to City-
owned property affecting an individual landmark or within an historic district shall be
subject to the provisions of this ordinance.
§228-5. Criteria for Approval of a Certificate of Appropriateness.
A. The Commission shall approve the issuance of a Certificate of Appropriateness only
if it determines that the proposed work will not have a substantial adverse effect on
the aesthetic, historical, or architectural significance and value of either the
individual landmark, or if the proposed work is within an historic district, of the
neighboring properties in such district.
B. In making this determination, the Commission will be guided by the Secretary of the
Interior’s Standards for Rehabilitation and by the following principles:
1. The historic features of an individual landmark shall be altered as little as
possible and any alterations made shall be compatible with the historic character
of the landmark.
2. The historic features of a property located within, and contributing to the
significance of, an historic district shall be altered as little as possible and any
alterations made shall be compatible with both the historic character of the
individual property and the character of the district as a whole.
3. New construction located within a historic district shall be compatible with the
historic character of the district within which it is located.
C. In applying the principle of compatibility set forth above, the Commission shall
consider the following factors:
1. the general design and character of the proposed alteration or new construction
relative to existing features of the property;
2. the scale and visual compatibility of the proposed alteration or new construction
in relation to the property itself, surrounding properties, and the neighborhood;
3. texture, materials, and color, and their relation to similar features of the property
and other properties in the neighborhood;
4. visual compatibility with surrounding properties, including the proportions of the
property’s façade; proportion and arrangement of windows, doors, and other
openings; roof shape; and rhythm of spacing of properties along the street,
including set-backs; and
5. the importance of historic, physical, and visual features to the significance of the
property.
Formatted: No underline
Formatted: Indent: Left: 0 pt,
Hanging: 22.5 pt
Formatted: No underline
Deleted:
Deleted: .
Deleted: ¶
Item # E1g - 1
C:\Documents and Settings\ltruame\Desktop\Chapter 228 6.13.12 Planning
Committee.DOC
4
D. In passing upon an application for a Certificate of Appropriateness, the Commission
shall not consider changes to interior spaces or to exterior paint colors.
§228-6. Certificate of Appropriateness Application Procedure.
A. Prior to the commencement of any work requiring a Certificate of Appropriateness,
the owner shall file an application for a building permit with the Building Department
and an application for such Certificate with the Commission. The application,
available on the City’s website and through the Department of Planning &
Development, shall contain:
1. Building permit application number, as assigned by the Building Department;
2. Name, mailing address, email address, and telephone number of the applicant;
3. Location and photographs of the property;
4. Elevation drawings of proposed changes, if available;
5. Perspective drawings, including relationship to adjacent properties, if available;
6. Samples of building materials to be used, including their proposed color;
7. Where the proposal includes signs or lettering, a scale drawing showing the type
of lettering to be used, all dimensions and colors, a description of materials to be
used, method of illumination, and a plan showing the sign’s location on the
property; and
8. Any other information that the Commission may deem necessary in order to
visualize the proposed work.
B. No building permit shall be issued for the proposed work until a Certificate of
Appropriateness has first been issued by the Commission. The Certificate of
Appropriateness required by this chapter shall be in addition to and not in lieu of any
building or other permit that may be required by any other ordinance of the City of
Ithaca.
C. The Commission may delegate to the Commission’s Secretary the authority to:
1. Determine whether proposed work constitutes ordinary maintenance and repair
for which a Certificate of Appropriateness is not required;
2. Approve work that is considered replacement-in-kind;
3. Approve work that is of any other type that has been previously determined by
the Commission to be appropriate for delegation to staff.
D. Upon application for a Certificate of Appropriateness, a public notice of the proposal
shall be posted on the property by the Owner or Owner’s representative for a
minimum of 10 days. This notice must remain in place until a decision to approve or
deny the Certificate of Appropriateness has been made. The notice shall specify the
proposed work, the time and place of the public hearing, and to whom and by when
any public comments are to be communicated. The notice must be placed at or near
the property line in the front yard so that it will be plainly visible from the street, and,
in cases where a property has frontage on more than one street, an additional sign
must be placed at or near the property line on any additional street frontage so that the
sign will be plainly visible from the street on which it has such additional frontage.
Deleted: <#>Determine whether
proposed work requires a Certificate of
Appropriateness;¶
Deleted: .
Deleted: ¶
Item # E1g - 1
C:\Documents and Settings\ltruame\Desktop\Chapter 228 6.13.12 Planning
Committee.DOC
5
E. The Commission shall hold a public hearing prior to rendering a decision on any
application for a Certificate of Appropriateness. Notice of the public hearing shall be
published at least once in the City’s official newspaper at least 5 days prior to the
public hearing. The notice shall specify the time and place of the public hearing, a
brief description of the proposal, and the location where the proposal may be
reviewed prior to the hearing. The property owner and any interested party may
present testimony or documentary evidence regarding the proposal at the hearing,
which will become a part of the record. The record may also contain staff reports,
public comments, and other evidence offered outside of the hearing.
F. The Commission shall approve, deny, or approve with conditions or modifications the
Certificate of Appropriateness within 45 days from the completion of the public
hearing, except as noted below. The failure of the Commission to act within 45 days
from the completion of the public hearing, unless an extension is mutually agreed
upon in writing by the applicant and the Commission, shall be deemed to constitute
approval.
1. In the event, however, that the Commission shall make a finding of fact that the
circumstances of a particular application require further time for additional study
and information than can be obtained within the aforesaid 45-day period, then the
Commission shall have a period of up to 90 days within which to act upon such
an application.
2. In the event, however, that environmental review of an application is required,
the Commission shall approve, deny, or approve with conditions or modifications
the Certificate of Appropriateness within 65 days from the completion of
environmental review. The failure of the Commission to act within 65 days from
the completion of the environmental review, unless an extension is mutually
agreed upon in writing by the applicant and the Commission, shall be deemed to
constitute approval.
G. All decisions of the Commission shall be in writing. A copy shall be sent to the
applicant by mail, and a copy filed with the Building Commissioner and City Clerk
for public inspection, within 10 days of the date of the decision. The Commission’s
decisions shall state the reasons for denying or modifying any application.
§228-7. Expiration of Approval; Extension of Approval
If the construction of a project approved for a Certificate of Appropriateness has not
commenced within twenty-four (24) months of the date of the approval, such approval
shall expire, unless an extension has been granted by the Landmarks Preservation
Commission following a written request by the applicant. An application for an extension
of Certificate of Appropriateness approval shall not be considered a new Certificate of
Appropriateness application.
§228-8. Early Design Guidance.
A. Large projects that could potentially have a significant impact on an individual
landmark or historic district are required to participate in the Early Design Guidance
Deleted: 30
Deleted: two years
Deleted: Ithaca
Deleted: a local landmark
Deleted: ¶
Item # E1g - 1
C:\Documents and Settings\ltruame\Desktop\Chapter 228 6.13.12 Planning
Committee.DOC
6
process. The purpose of this process is to provide input from the Commission on the
design of the project as it relates to criteria for the approval of a Certificate of
Appropriateness at a time when such input may readily be incorporated into the
design without adversely affecting design costs or the project schedule.
B. For the purposes of this chapter, large projects are defined as:
1. New construction in an historic district of any primary structure, or
2. New construction on the same tax parcel as an individual landmark, or in an
historic district, of any accessory structure with a gross square footage of 800
square feet or more, or
3. New additions that will increase the existing footprint of an individual landmark
or a structure located within an historic district by 50% or more, or
4. Any renovation or reconstruction (excluding projects that involve only the
replacement of roof coverings) that will affect 50% or more of the exterior
envelope of an individual landmark or a structure located within an historic
district.
C. Applicants subject to Early Design Guidance shall submit materials for review by the
Commission as soon as the design has reached a stage of development that would
allow the Commission to understand the basic proposal and its significant details.
D. Based on the limited information provided, the Commission will provide general
feedback and non-binding recommendations and comments that might help the
applicant further refine the project prior to submitting an application for a Certificate
of Appropriateness..
§228-9. Criteria for a Finding of Economic Hardship.
A. An applicant whose Certificate of Appropriateness for a proposed alteration has been
denied may apply for relief on the grounds of economic hardship. In order to prove
the existence of economic hardship related to a proposed alteration, the applicant
shall establish that the denial of a Certificate of Appropriateness will prevent the
owner from earning a reasonable return on investment, regardless of whether that
return represents the most profitable return possible. In the case of non-profit
ownership, the applicant shall establish that the denial of a Certificate of
Appropriateness will seriously interfere with, or prevent, the owner from carrying out
its chartered purpose.
B. Demolition of an individual landmark, or of a structure located within, and
contributing to the significance of, an historic district, shall be allowed only in cases
of economic hardship, unless the building department, upon due deliberation, has
made an express finding that the structure presents an imminent threat to the public
health, safety, and welfare. In order to prove the existence of economic hardship
sufficient to justify demolition, the applicant shall establish to the satisfaction of the
Commission that:
1. The denial of the Certificate of Appropriateness will prevent the owner from
earning a reasonable return on investment, regardless of whether that return
represents the most profitable return possible; and
Formatted: Indent: Left: 0 pt
Formatted: Bullets and Numbering
Deleted: a building
Deleted: 30
Deleted: a building’s
Deleted: prior to the completion of the
schematic design phase.
Deleted: T
Deleted: on the design of the project as
it relates to criteria for the approval of a
Certificate of Appropriatenessand will
Deleted: provide an itemized list ofof
Deleted: any specific concerns or areas
that will require further development of
design prior to rendering an opinion
Deleted: Upon receiving this list, the
applicant will have 60 days to respond in
writing, specifically stating how each
concern expressed by the Commission
has been, or will be, addressed in the
design.¶
The Commission will review this
response and any revised project
materials that are made available. If
concerns remain, or if new concerns have
arisen based on the revisions made, the
Commission will provide a second
itemized list stating, or restating, areas of
concern. The applicant is welcome to,
but is not required to, respond in writing
to this second list prior to submitting a
complete application for a Certificate of
Appropriateness.¶
The Commission is not limited to
considering issues and concerns that were
raised during the Early Design Guidance
process during the Certificate of
Appropriateness review; however, failure
to address to the satisfaction of the
Commission all concerns that were raised
during the Early Design Guidance
process will result in the denial of a
Certificate of Appropriateness.¶
Deleted: issued
Deleted: An applicant whose
Certificate of Appropriateness for a
proposed demolition has been denied may
apply for relief on the ground of
economic hardship.
Deleted: a
Deleted: ¶
Deleted: ¶
Item # E1g - 1
C:\Documents and Settings\ltruame\Desktop\Chapter 228 6.13.12 Planning
Committee.DOC
7
2. The property cannot be adapted for any other use, whether by the current owner
or by a purchaser, which would result in a reasonable return on investment; and
3. Diligent efforts to find a purchaser interested in acquiring the property and
preserving it have failed;
Or, in the case of non-profit ownership that:
1. The denial of the Certificate of Appropriateness will either physically or
financially prevent, or seriously interfere with, the non-profit owner carrying out
its chartered purpose; and
2. The property cannot be adapted for any other use that would result in the non-
profit owner being able to carry out its chartered purpose.
§228-10. Finding of Economic Hardship Application Procedure.
A. After the Landmarks Preservation Commission has denied a Certificate of
Appropriateness, an applicant may commence the economic hardship process.
Consideration of an application for a Finding of Economic Hardship may occur at the
same meeting as consideration of the application for a Certificate of Appropriateness.
No building permit or demolition permit shall be issued unless the Commission
determines that an economic hardship exists and issues a Finding of Economic
Hardship, except in cases where the building department, upon due deliberation, has
made an express finding that the structure presents an imminent threat to the public
health, safety, and welfare.
B. The Commission may hold a public hearing on the hardship application at which an
opportunity will be provided for proponents and opponents of the application to
present their views.
C. The applicant shall consult in good faith with the Commission, local preservation
groups, and interested parties in a diligent effort to seek an alternative that will result
in appropriate preservation of the property.
D. All decisions of the Commission shall be in writing and shall state the reasons for
granting or denying the requested Finding of Economic Hardship. A copy shall be
sent to the applicant by mail and a copy filed with the Building Commissioner and
City Clerk for public inspection within 10 days of the date of the decision.
E. If a Finding of Economic Hardship is issued, the Commission shall approve only such
work as is necessary to alleviate the hardship.
§228-11. Maintenance and Repair Required.
A. Nothing in this chapter shall be construed to prevent the ordinary maintenance and
repair of any exterior architectural feature of an individual landmark or property
within a historic district that does not involve a change in design, building materials,
or outward appearance; however, the Commission’s Secretary shall determine
whether proposed work constitutes ordinary maintenance and repair or requires a
Certificate of Appropriateness.
B. No owner or person with an interest in real property designated as an individual
landmark or included within an historic district shall permit the property to fall into a
serious state of disrepair. Maintenance shall be required, consistent with the
Formatted: Indent: Left: 18 pt
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Formatted: Outline numbered +
Level: 2 + Numbering Style: 1, 2, 3,
… + Start at: 1 + Alignment: Left +
Aligned at: 18 pt + Tab after: 39.6
pt + Indent at: 39.6 pt
Formatted: Indent: Left: 0 pt,
Hanging: 18 pt
Deleted: /or
Deleted: a
Deleted: or prevent
Deleted: from
Deleted: ; and¶
<#>The property cannot be adapted for
any other use, whether by the current
owner or by a purchaser, which would
result in a reasonable return on
investment; and¶
Diligent efforts to find a purchaser
interested in acquiring the property and
preserving it have failed.
Deleted: .
Deleted: 30
Deleted: ¶
Item # E1g - 1
C:\Documents and Settings\ltruame\Desktop\Chapter 228 6.13.12 Planning
Committee.DOC
8
provisions of the Property Maintenance Code of New York State and all other
applicable regulations.
§228-12. Enforcement and Violations
A. All work performed pursuant to a Certificate of Appropriateness issued under this
chapter shall conform to the requirements included therein. It shall be the duty of the
Building Commissioner to inspect periodically any such work to assure compliance.
In the event work is found that is not being performed in accordance with the
Certificate of Appropriateness, the Building Commissioner shall issue a stop work
order and all work shall immediately cease. No further work shall be undertaken on
the project as long as a stop work order is in effect.
B. Any owner or person in charge of a property who demolishes or alters a property in
the absence of a Certificate of Appropriateness, Finding of Economic Hardship, or
approval by the Secretary of the Commission pursuant to §228-6 C, may be required
to restore the property and its site to its appearance prior to the violation.
C. If, in the judgment of the Commission, a violation of §228-11 exists that will result in
a detrimental effect upon the life and character of a designated historic property or on
the character of a historic district as a whole, the Commission shall notify the
Building Commissioner. If, upon investigation, the Building Commissioner finds
non-compliance with the requirements of the Property Maintenance Code of New
York State or any other applicable regulation, the Building Commissioner shall order
such remedies as are necessary and consistent with this Chapter and shall provide
written notice thereof to the Secretary of the Commission.
D. Any violation of any provision of this chapter shall be deemed an offense and shall be
punishable as provided in Chapter 1 of the Municipal Code, General Provisions,
Article I, Penalties. Each day’s continued breach shall constitute a separate
additional violation. In addition, the City shall have such other remedies as are
provided by law to enforce the provisions of this chapter.
§228-13. Appeals.
Any person aggrieved by any decision by the Commission may apply to the Supreme
Court in the State of New York for review under Article 78 of the Civil Practice Law and
Rules within 60 days of publication of the decision.
Deleted: , §304, Exterior Structure,
Deleted: any
Deleted: , or upon notification of such
fact by the Commission,
Deleted: <#>If, in the judgment of the
Commission, a violation of §228-11
exists that will result in a detrimental
effect upon the life and character of a
designated historic property or on the
character of a historic district as a whole,
the Commission shall notify the Building
Commissioner. If, upon investigation, the
Building Commissioner finds non-
compliance with the requirements of the
Property Maintenance Code of New York
State, Section 304, Exterior Structure, or
any other applicable regulation, the
Building Commissioner shall order such
remedies as are necessary and consistent
with this Chapter and shall provide
written notice thereof to the Secretary of
the Commission.¶
Deleted: , Section 304, Exterior
Structure,
Deleted: ¶
Item # E1g - 1
An Ordinance Amending the Municipal Code of the City Of Ithaca to
Repeal and Replace Chapter 228, Entitled “Landmarks Preservation”
WHEREAS, Chapter 228 of the Municipal Code of the City of Ithaca,
Landmarks Preservation, was first enacted in 1975 and has since
been periodically amended, most recently in 1998, and
WHEREAS, substantial revisions to, and reorganization of, Chapter
228 have been proposed, the purpose of which are to better
effectuate the goals of the Landmarks Preservation Ordinance, to
improve efficiency in carrying out such goals, and to improve the
clarity of the Ordinance, and
WHEREAS, given the extent of the changes proposed it would be
impractical to accomplish such revisions by amendment, now
therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, as follows:
ORDINANCE NO.
Section 1. Chapter 228, Landmarks Preservation, of the Municipal
Code of the City of Ithaca is hereby repealed.
Section 2. A new chapter (Chapter 228), entitled “Landmarks
Preservation”, is hereby added to the Municipal Code of the City
of Ithaca, to read as follows:
§ 228-1. Title.
This chapter shall be known and may be cited as the
“City of Ithaca Landmarks Preservation Ordinance.”
§ 228-2. Purpose.
The purpose of this chapter is to:
A. Promote the educational, cultural, economic and
general welfare of the public through the
protection, enhancement and perpetuation of
buildings, structures, landscape features,
archeological sites, and districts of historic and
cultural significance.
B. Safeguard the city’s historic, aesthetic and
cultural heritage as reflected in such buildings,
structures, landscape features, archeological
sites, and districts.
C. Protect the value of historic properties and their
owners’ investment in them, and stabilize historic
neighborhoods.
D. Foster civic pride in the legacy of beauty and
achievements of the past.
E. Protect and enhance the city’s attractiveness to
tourists and visitors and the support and stimulus
to the economy thereby provided.
1
Item # E1g - 2
F. Strengthen the economy of the city.
G. Promote the use of buildings, structures, landscape
features, archeological sites, and districts of
historic and cultural significance as sites for the
education, pleasure and welfare of the people of
the city.
H. Insure the harmonious, orderly, and efficient
growth and development of the city.
§ 228-3. Designation of Individual Landmarks or Historic
Districts.
A. As set forth in §73-4, the Ithaca Landmarks
Preservation Commission is responsible for
recommending to Common Council the designation of
identified structures or resources as individual
landmarks and historic districts within the city.
B. The Ithaca Landmarks Preservation Commission may
recommend such designation of an individual
property as an individual landmark if it:
1. Possesses special character or historic or
aesthetic interest or value as part of the
cultural, political, economic, or social
history of the locality, region, state, or
nation; or
2. Is identified with historically significant
person (s) or event(s); or
3. Embodies the distinguishing characteristics of
an architectural style; or
4. Is the work of a designer whose work has
significantly influenced an age; or
5. Represents an established and familiar visual
feature of the community by virtue of its
unique location or singular physical
characteristics.
C. The Ithaca Landmarks Preservation Commission may
recommend such designation of a group of properties
as an historic district if the group:
1. Contains primarily properties which meet one
or more of the criteria for designation as an
individual landmark; and
2. Constitutes a distinct section of the city by
reason of possessing those qualities that
would satisfy such criteria.
D. Notice of a proposed designation shall be sent to
the owner or owners of the property or properties
proposed for designation, describing the property
proposed, or if in a district, the proposed
district boundary, and announcing a public hearing
by the Commission to consider the designation.
Where the proposed designation involves so many
owners that the Commission deems individual notice
to be infeasible, notice may instead be published
at least once in the City’s official newspaper at
least 15 days prior to the date of the public
hearing. Once the Commission has issued notice of
2
Item # E1g - 2
a proposed designation, no building permits or
demolition permits shall be issued by the Building
Commissioner as long as the proposed designation is
under active consideration by the Commission and
until the Commission has made its decision.
E. The Commission shall hold a public hearing prior to
designation of any individual landmark or historic
district. Notice of the public hearing shall be
published at least once in the City’s official
newspaper at least 15 days prior to the date of the
public hearing. The notice shall specify the time
and place of the public hearing, a brief
description of the proposed designation, and the
location where the proposal may be reviewed prior
the hearing. The Commission, property owners, and
any interested parties may present testimony or
documentary evidence at the hearing which will
become part of a record regarding the historic,
architectural, or cultural importance of the
proposed individual landmark or historic district.
The record may also contain staff reports, public
comments, expert testimony, or other evidence
offered outside of the hearing.
F. Within seven days after it has recommended
designation of an individual landmark or historic
district, the Commission shall file a copy of such
recommended designation with the Planning and
Development Board and with Common Council.
G. Within 60 days of the Commission recommending
designation, the Planning and Development Board
shall file a report with Common council with
respect to the relation of such proposed
designation to the Comprehensive Plan, the zoning
laws, projected public improvements, and any plans
for the renewal of the site of area involved. The
Council shall, within 90 days of said
recommendation of designation, approve, disapprove,
or refer the proposed designation back to the
Commission for modification.
H. Any designation approved by the Council shall be in
effect on and after the date of approval by
Council. The Commission shall forward notice of
each property designated as an individual landmark
and the boundaries of each designated historic
district to the Building Commissioner and the City
Clerk for recordation.
§ 228-4. Certificate of Appropriateness for Alteration,
Demolition, or New Construction Affecting Individual
Landmarks or Historic Districts.
As set forth in §73-4, the Ithaca Landmarks
Preservation Commission is responsible for the
approval or disapproval of proposals for exterior
changes to a designated historic property. No person
shall carry out any exterior alteration, restoration,
3
Item # E1g - 2
reconstruction, demolition, new construction, or
moving of an individual landmark or property within an
historic district, nor shall any person make any
change in the exterior appearance of such property,
its site, its light fixtures, signs, sidewalks,
fences, steps, paving, or other exterior elements,
without first obtaining a Certificate of
Appropriateness or Finding of Economic Hardship from
the Ithaca Landmarks Preservation Commission, or
obtaining approval by the Commission’s Secretary
pursuant to §228-6 C. All changes to City-owned
property affecting a, individual landmark or within an
historic district shall be subject to the provisions
of this ordinance.
§228-5. Criteria for Approval of a Certificate of
Appropriateness.
A. The Commission shall approve the issuance of a
Certificate of Appropriateness only if it
determines that the proposed work will not have a
substantial adverse effect on the aesthetic,
historical, or architectural significance and value
of either the individual landmark, or if the
proposed work is within an historic district, of
the neighboring properties in such district.
B. In making this determination, the Commission will
be guided by the Secretary of the Interior’s
Standards for Rehabilitation, and by the following
principles:
1. The historic features of an individual
landmark shall be altered as little as
possible and any alterations made shall be
compatible with the historic character of the
landmark.
2. The historic features of a property located
within, and contributing to the significance
of, an historic district shall be altered as
little as possible and any alterations made
shall be compatible with both the historic
character of the individual property and the
character of the district as a whole.
3. New construction located within an historic
district shall be compatible with the historic
character of the district within which it is
located.
C. In applying the principle of compatibility set
forth above, the Commission shall consider the
following factors:
1. the general design and character of the
proposed alteration or new construction
relative to existing features of the property;
2. the scale and visual compatibility of the
proposed alteration or new construction in
4
Item # E1g - 2
relation to the property itself, surrounding
properties, and the neighborhood;
3. texture, materials, and color, and their
relation to similar features of the property
and other properties in the neighborhood;
4. visual compatibility with surrounding
properties, including the proportions of the
property’s façade; proportions and arrangement
of windows, doors, and other openings; roof
shape; and rhythm of spacing of properties
along the street, including set-backs; and
5. the importance of historic, physical, and
visual features to the significance of the
property.
D. In passing upon an application for a Certificate of
Appropriateness, the Landmarks Preservation
Commission shall not consider changes to interior
spaces or to exterior paint colors.
§228-6. Certificate of Appropriateness Application
Procedure.
A. Prior to the commencement of any work requiring a
Certificate of Appropriateness, the owner shall
file an application for a building permit with the
Building Department and an application for such
Certificate with the Commission. The application,
available on the City’s website and through the
Department of Planning & Development, shall
contain:
1. Building permit application number, as
assigned by the Building Department
2. Name, mailing address, email address, and
telephone number of the applicant;
3. Location and photographs of the property;
4. Elevation drawings of proposed changes, if
available;
5. Perspective drawings, including relationship
to adjacent properties, if available;
6. Samples of building materials to be used,
including their proposed color;
7. Where the proposal includes signs or
lettering, a scale drawing showing the type of
lettering to be used, all dimensions and
colors, a description of materials to be used,
method of illumination, and a plan showing the
sign’s location on the property; and
8. Any other information that the Commission may
deem necessary in order to visualize the
proposed work.
B. No building permit shall be issued for the proposed
work until a Certificate of Appropriateness has
first been issued by the Commission. The
Certificate of Appropriateness required by this
chapter shall be in addition to and not in lieu of
5
Item # E1g - 2
any building or other permit that may be required
by any other ordinance of the City of Ithaca.
C. The Commission may delegate to the Commission’s
Secretary the authority to:
1. Determine whether proposed work constitutes
ordinary maintenance and repair for which a
Certificate of Appropriateness is not
required;
2. Approve work that is considered replacement-
in-kind;
3. Approve work that is of any other type that
has been previously determined by the
Commission to be appropriate for delegation to
staff.
D. Upon application for a Certificate of
Appropriateness, a public notice of the proposal
shall be posted by the owner or owner’s
representative on the property for a minimum of 10
days. This notice must remain in place until a
decision to approve or deny the Certificate of
Appropriateness has been made. The notice shall
specify the proposed work, the time and place of
the public hearing, and to whom and by when any
public comments are to be communicated. The notice
must be placed at or near the property line in the
front yard so that it will be plainly visible from
the street, and, in cases where a property has
frontage on more than one street, an additional
sign must be placed at or near the property line on
any additional street frontage so that the sign
will be plainly visible from the street on which it
has such additional frontage.
E. The Commission shall hold a public hearing prior to
rendering a decision on any application for a
Certificate of Appropriateness. Notice of the
public hearing shall be published at least once in
the City’s official newspaper at least 5 days prior
to the public hearing. The notice shall specify
the time and place of the public hearing, a brief
description of the proposal, and the location where
the proposal may be reviewed prior to the hearing.
The property owner and any interested party may
present testimony or documentary evidence regarding
the proposal at the hearing, which will become a
part of the record. The record may also contain
staff reports, public comments, and other evidence
offered outside of the hearing.
F. The Commission shall approve, deny, or approve with
conditions or modifications the Certificate of
Appropriateness within 45 days from the completion
of the public hearing, except as noted below. The
failure of the Commission to act within 45 days
from the completion of the public hearing, unless
an extension is mutually agreed upon in writing by
6
Item # E1g - 2
the applicant and the Commission, shall be deemed
to constitute approval.
1. In the event, however, that the Commission
shall make a finding of fact that the
circumstances of a particular application
require further time for additional study and
information than can be obtained within the
aforesaid 45-day period, then the Commission
shall have a period of up to 90 days within
which to act upon such an application.
2. In the event, however, that environmental
review of an application is required, the
Commission shall approve, deny, or approve
with conditions or modifications the
Certificate of Appropriateness within 65 days
from the completion of environmental review.
The failure of the Commission to act within 65
days from the completion of the environmental
review, unless an extension is mutually agreed
upon in writing by the applicant and the
Commission, shall be deemed to constitute
approval.
G. All decisions of the Commission shall be in
writing. A copy shall be sent to the applicant by
mail, and a copy filed with the Building
Commissioner and City Clerk for public inspection,
within 10 days of the date of the decision. The
Commission’s decisions shall state the reasons for
denying or modifying any application.
§228-7. Expiration of Approval; Extension of Approval
If the construction of a project approved for a
Certificate of Appropriateness has not commenced
within twenty-four (24) months of the date of the
approval, such approval shall expire, unless an
extension has been granted by the Landmarks
Preservation Commission following a written request by
the applicant. An application for an extension of
Certificate of Appropriateness approval shall not be
considered a new Certificate of Appropriateness
pplication. a
§228-8. Early Design Guidance.
A. Large projects that could potentially have a
significant impact on an individual landmark or
historic district are required to participate in
the Early Design Guidance process. The purpose of
this process is to provide input from the
Commission on the design of the project as it
relates to criteria for the approval of a
Certificate of Appropriateness at a time when such
input may readily be incorporated into the design
without adversely affecting design costs or the
project schedule.
7
Item # E1g - 2
B. For the purposes of this chapter, large projects
are defined as:
1. New construction in an historic district of
any primary structure, or
2. New construction on the same tax parcel as an
individual landmark, or in an historic
district, of any accessory structure with a
gross square footage of 800 square feet or
more, or
3. New additions that will increase the existing
footprint of an individual landmark or a
structure located within an historic district
by 50% or more, or
4. Any renovation or reconstruction (excluding
projects that involve only the replacement of
roof coverings) that will affect 50% or more
of the exterior envelope of an individual
landmarks or a structure located within an
historic district.
C. Applicants subject to Early Design Guidance shall
submit materials for review by the Commission as
soon as the design has reached a stage of
development that would allow the Commission to
understand the basic proposal and its significant
details.
D. Based on the limited information provided, the
Commission will provide general feedback and non-
binding recommendations and comments that might
help the applicant further refine the project prior
to submitting an application for a Certificate of
Appropriateness.
§228-9. Criteria for a Finding of Economic Hardship.
A. An applicant whose Certificate of Appropriateness
for a proposed alteration has been denied may apply
for relief on the ground of economic hardship. In
order to prove the existence of economic hardship
related to a proposed alteration, the applicant
shall establish that the denial of a Certificate of
Appropriateness will prevent the owner from earning
a reasonable return on investment, regardless of
whether that return represents the most profitable
return possible. In the case of non-profit
ownership, the applicant shall establish that the
denial of a Certificate of Appropriateness will
seriously interfere with, or prevent, the owner
from carrying out its chartered purpose.
B. Demolition of an individual landmark, or of a
structure located within, and contributing to the
significance of, an historic district, shall be
allowed only in cases of economic hardship, unless
the Building Department, upon due deliberation, has
made an express finding that the structure presents
an imminent threat to the public health, safety,
and welfare. In order to prove the existence of
8
Item # E1g - 2
economic hardship sufficient to justify demolition,
the applicant shall establish to the satisfaction
of the Commission that:
1. The denial of the Certificate of
Appropriateness will prevent the owner from
earning a reasonable return on investment,
regardless of whether that return represents
the most profitable return possible; and
2. The property cannot be adapted for any other
use, whether by the current owner or by a
purchaser, which would result in a reasonable
return on investment; and
3. Diligent efforts to find a purchaser
interested in acquiring the property and
preserving it have failed;
Or, in the case of non-profit ownership that:
1. The denial of the Certificate of
Appropriateness will either physically or
financially prevent, or seriously interfere
with, the non-profit owner carrying out its
chartered purpose; and
2. The property cannot be adapted for any other
use that would result in the non-profit owner
being able to carry out its chartered purpose.
§228-10. Finding of Economic Hardship Application Procedure.
A. After the Landmarks Preservation Commission has
denied a Certificate of Appropriateness, an
applicant may commence the economic hardship
process. Consideration of an application for a
Finding of Economic Hardship may occur at the same
meeting as consideration of an application for a
Certificate of Appropriateness. No building permit
or demolition permit shall be issued unless the
Commission determines that an economic hardship
exists and issues a Finding of Economic Hardship,
except in cases where the building Department, upon
due deliberation, has made an express finding that
the structure presents an imminent threat to the
public health, safety, and welfare.
B. The Commission may hold a public hearing on the
hardship application at which an opportunity will
be provided for proponents and opponents of the
application to present their views.
C. The applicant shall consult in good faith with the
Commission, local preservation groups, and
interested parties in a diligent effort to seek an
alternative that will result in appropriate
preservation of the property.
D. All decisions of the Commission shall be in writing
and shall state the reasons for granting or denying
the requested Finding of Economic Hardship. A copy
shall be sent to the applicant by mail and a copy
9
Item # E1g - 2
filed with the Building Commissioner and City Clerk
for public inspection within 10 days of the date of
the decision.
E. If a Finding of Economic Hardship is issued, the
Commission shall approve only such work as is
necessary to alleviate the hardship.
§228-11. Maintenance and Repair Required.
A. Nothing in this chapter shall be construed to
prevent the ordinary maintenance and repair of any
exterior architectural feature of an individual
landmark or property within a historic district
that does not involve a change in design, building
materials, color, or outward appearance; however,
the Commission’s Secretary shall determine whether
proposed work constitutes ordinary maintenance and
repair or requires a Certificate of
Appropriateness.
B. No owner or person with an interest in real
property designated as an individual landmark or
included within an historic district shall permit
the property to fall into a serious state of
disrepair. Maintenance shall be required,
consistent with the provisions of the Property
Maintenance Code of New York State and all other
applicable regulations.
§228-12. Enforcement and Violations
A. All work performed pursuant to a Certificate of
Appropriateness issued under this chapter shall
conform to the requirements included therein. It
shall be the duty of the Building Commissioner to
inspect periodically any such work to assure
compliance. In the event work is found that is not
being performed in accordance with the Certificate
of Appropriateness the Building Commissioner shall
issue a stop work order and all work shall
immediately cease. No further work shall be
undertaken on the project as long as a stop work
order is in effect.
B. Any owner or person in charge of a property who
demolishes or alters a property in the absence of a
Certificate of Appropriateness, a Finding of
Economic Hardship, or approval by the Secretary of
the Commission pursuant to §228-6C of the City
Municipal Code, may be required to restore the
property and its site to its appearance prior to
the violation.
C. If, in the judgment of the Commission, a violation
of §228-11 exists that will result in a detrimental
effect upon the life and character of a designated
historic property or on the character of a historic
district as a while, the Commission shall notify
the building Commissioner. If, upon investigation,
10
Item # E1g - 2
11
the Building Commissioner finds non-compliance with
the requirements of the Property Maintenance Code
of New York State, or any other applicable
regulation, the Building Commissioner shall order
such remedies as are necessary and consistent with
this Chapter and shall provide written notice
thereof to the Secretary of the Commission.
D. Any violation of any provision of this chapter
shall be deemed an offense and shall be punishable
as provided in Chapter 1 of the Municipal Code,
General Provisions, Article I, Penalties. Each
day’s continued breach shall constitute a separate
additional violation. In addition, the City shall
have such other remedies as are provided by law to
enforce the provision of this chapter.
§228-13. Appeals.
Any person aggrieved by any decision by the Commission
may apply to the Supreme Court in the State of New
York for review under Article 78 of the Civil Practice
Law and Rules within 60 days of publication of the
decision.
Item # E1g - 2
To: Planning and Economic Development Committee
From: Lisa Nicholas, AICP, Senior Planner
Date: June 6, 2012
Re: Proposal to Revise the Site Plan Review Ordinance
The Planning and Development Board has been working with staff to draft revisions to the Site Plan
Review Ordinance for the past eighteen months. The Board seeks to revise the ordinance to correct and
clarify language, resolve inconsistencies, and make substantive changes regarding applicability
thresholds, evaluation criteria, public notification requirements and the rate and payment of fees.
Please find attached for your reference, the current Site Plan Review Ordinance, the proposed revised
Site Plan Review Ordinance and the proposed revised Site Plan Review Ordinance with tracked changes.
The proposed substantive changes to the ordinance include the following:
Change in applicability thresholds:
• Single family and duplex homes would be subject to staff level review as projects of limited
scope. The purpose of the review is for neighborhood compatibility.
• Landscape and infrastructure improvement projects which have a large public use, prominent
visibility or potentially large environmental impact, would be subject to site plan review. This
includes trails, trailheads, bridge construction/reconstruction and streetscape improvements.
Other Fees and Permits:
• Removal of reference to Planning Board granting areas variances
• Addition of the procedure that the Planning Board assumes lead agency status for
environmental review for projects that require both Site Plan Review and a variance(s).
Public Notification Procedure: Addition of a requirement to notify adjacent property owners within 200
feet of the project and the date of the public hearing. This is consistent with the requirements for
Subdivision Approval
Evaluation Criteria:
• Addition of provision of sidewalks for all projects along public street (unless not feasible due to
site constraints)
• Addition of requirements for plant materials and use of structural soil
• Clarification of requirements for parking in residential zones
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
Item # F2a
"An Equal Opportunity Employer with a commitment to workforce diversification." 2
• Replacement of full text of bike parking guidelines ‐ with reference
Fees:
• Revision of fee structure (not yet finalized)
• Addition of fees for Modified Site Plan Review
• Addition of graduated payment of fees for projects that require both Site Plan Review and a
variance(s).
If the committee is in agreement with this proposal, then staff will circulate the draft ordinance 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 274‐6557
Item # F2a
Item # F2b
Item # F2b
Item # F2b
Item # F2b
Item # F2b
Item # F2b
Item # F2b
Item # F2b
Item # F2b
Item # F2b
Item # F2b
Item # F2b
Item # F2b
Proposed Revisied SPR Ordinance
6/6/2012 1 of 21
DRAFT-PROPOSED AMENDMENTS
Chapter 276, SITE PLAN REVIEW
[HISTORY: Adopted by the Common Council of the City of Ithaca 12-8-1999 by
Ord. No. 99-15. This ordinance also repealed former Ch. 276, Site Development
Plan Review, adopted 2-1-1989 by Ord. No. 89-1 (Ch. 39 of the 1975 Municipal
code), as amended. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental quality review -- See Ch. 176.
Flood damage prevention -- See Ch. 186.
Landmarks preservation -- See Ch. 228.
Stormwater Regulations –See Chapter 282.
Subdivision of land -- See Ch. 290.
Zoning -- See Ch. 325.
§ 276-1. Intent.
The intent of this chapter is to provide for the review of site plans for certain land
uses in the City of Ithaca for the purpose of:
A. Preserving and enhancing neighborhood character.
B. Achieving compatibility with adjacent development and uses.
C. Mitigating potentially negative impacts on traffic, parking, drainage, the
landscape and similar environmental concerns.
D. Improving the design, function, aesthetics and safety of development projects
and the overall visual and aesthetic quality of the city.
E. Promoting environmental sustainability in new development, redevelopment
and long term planning.
§ 276-2. Definitions.
A. Definitions of specific terms or words as used in this chapter shall conform to
the definitions of the same terms in the Zoning Ordinance, Chapter 325, §
325-3.
B. In addition to the definitions in Chapter 325, the following terms shall be used
in this chapter as they are defined in this section:
AFFECTED SITE AREA -- Any area (including new and modified gross floor
space) that is physically changed as a result of the proposed development.
Item # F2 c-1
Proposed Revisied SPR Ordinance
6/6/2012 2 of 21
Such changes do not have to be permanent or irreversible for the area to be
considered affected. For example, a construction staging area will be
considered an affected area if tree damage or significant soil compaction is
likely to result.
BOARD -- The Planning and Development Board, unless otherwise specified.
COMMISSIONER -- The Building Commissioner for the City of Ithaca, New
York.
DEVELOPMENT -- Any land use activity or project which requires a permit
from the Building Department and will result in changes to the physical
condition, appearance or type of use, or intensity of use, of property.
(1) Development projects include but are not limited to:
(a) New construction, reconstruction, modification or expansion of
existing structures or site improvements.
(b) Landfilling, excavation, grading, parking lot construction or any other
disturbances to the natural or existing topography or vegetation of the
site.
(c) Demolition of structures or site improvements.
(2) A project shall not be considered a development if it is one or a
combination of the following:
(a) Replacement in kind only; or
(b) Interior construction only; or
(c) Infrastructure maintenance only.
DIRECTOR -- The Director of Planning and Development for the City of
Ithaca, New York or his/her designee.
EXPANSION -- An enlargement of, or addition to, an existing structure or a
paved area, including driveways, parking areas and sidewalks.
MODIFICATION -- Rearrangement of site layout or an exterior alteration to an
existing structure (including any changes to a building facade, except
replacement in kind).
PERFORMANCE GUARANTY -- Any security that may be accepted by the
city as a guarantee that the improvements required as part of site plan
approval will be satisfactorily completed.
RECONSTRUCTION -- Construction of buildings or site plan improvements
following total demolition of a previous development.
Item # F2 c-1
Proposed Revisied SPR Ordinance
6/6/2012 3 of 21
REPLACEMENT IN KIND -- Replacement of materials (for maintenance
purposes) which does not have an effect on the appearance of the existing
building and site.
SITE IMPROVEMENT -- Features including but not limited to planting,
paving, retaining walls, drainage culverts and swales, fences and gates,
lighting, site furniture, fountains, pools, bridges, dams, decks, boardwalks,
pergolas, signs and any other accessory structures, devices or landscape
materials on the site.
SITE PLAN -- The development plan showingon which is shown the existing
and proposed conditions, including but not limited to topography, vegetation,
drainage, floodplains, marshes and waterways; open spaces, walkways,
means of ingress and egress, utility services, landscaping, structures and
signs, lighting and screening devices; submitted along with building plans,
elevations and building materials; and any other information that reasonably
may be reasonablyrequired in order that to allow an informed decision to can
be made by the Board or the Director.
STORM WATER POLLLUTION PREVENTION PLAN (SWPPP) –A plan to
identify and mitigate stormwater impacts as defined in Chapter 282.
§ 276-3. Applicability; exceptions.
A. General applicability.
(1) Site plan review (SPR) is intended to appliesy to all new construction and
and reconstruction of both residential and non residential development,
development (except that excluded by § 276-3C) that is within the
thresholds described below in § 276-3B, including . parking areas of three
or more spaces in residential zoning districts. When determining the
applicability of these thresholds, the scope and definition of the proposed
development shall include all previous development on the property
occurring within the past two years within 200 feet of the proposed
development which, when considered together, may have a substantial
aggregate effect on the surrounding properties. (See definitions of
"development" and "affected site area" in § 276-2B.)
(2)Site plan review (SPR) applies to construction of landscape and
infrastructure improvements which do not normally require a building
permit, but nervertheless have an extensive public use, prominent
visibility, or a potentially large environmental impact, such as construction
of trails, trailheads, development of, or improvements to existing parks,
construction or reconstruction of bridges and rebuilding of public or private
streets that involve streetscape improvements.
Item # F2 c-1
Proposed Revisied SPR Ordinance
6/6/2012 4 of 21
(2) Applicability thresholds. The following shall be subject to site plan review:
(a) New construction and reconstruction of both residential and non
residential development.
(b) New construction and reconstruction of nonresidential development.
B. Projects of limited scope.
(1) The Director shall have the authority to review and act on a development
proposal if the proposed project meets the description thresholds
described in § 276-3A but is below the thresholds described below. For
such projects of limited scope, reviewed by the Director, a public hearing
is not required. The Planning and Development Department shall be the
lead agency in the environmental review of such projects. There shall be
no requisite review of the environmental assessment forms (EAF) by the
Conservation Advisory Council (CAC) in these cases. See § 276-5CB for
situations when projects of limited scope will be referred to the Board for
a full review. The upper thresholds for projects of limited scope are:
(a) All new construction and reconstruction of single-lot residential
development of a single-family detached or semidetached dwelling or
a two-family dwelling.
(b) Modification and expansion of residential development involving 4,000
square feet (sf) or more, an upper threshold of 4,000 square feet (sf)
of total affected site area.
(c) New construction, reconstruction, modification or expansion of
nonresidential development in residential zones involving , an upper
threshold of 3,000 sf of total affected site area.
(d) Modification and expansion of nonresidential development in
nonresidential zones, an upper threshold of involving 10,000 sf of total
affected site area.
(e) Construction of landscape and infrastructure improvements as
described in § 276-3A(2).
(2) When an application is received for site plan review under the provisions
for projects of limited scope as noted above, the Director shall, within 10
working days of the date of the submission of the application, notify the
Council members in whose ward the project is to be located.
C. Exemptions.
Item # F2 c-1
Proposed Revisied SPR Ordinance
6/6/2012 5 of 21
(1) Existing uses and developments which in their present configuration and use are
legally authorized as of the date of this legislation shall not be subject to SPR.
(2) Single-lot development of a single family detached or semidetatched
dwelling or a two-family dwelling shall not be subject to SPR.
D. City and other government projects. For city and other government projects,
the threshold of applicability, the review procedure and the review criteria
shall be the same as for all SPR applicants unless the Common Council
decides that any particular government project shall be reviewed, on an
advisory basis only. However, even if a project is subject to advisory review
only, no construction shall begin until the Board or the Director has completed
the review, including the issuance of any findings and recommendations that
the Board or the Director determines to be appropriate. Projects subject to
advisory SPR only shall be presented to the Board for periodic review
beginning as early as possible, and in any case no later than when the
environmental review is started. The Board may or may not be the Llead
reviewing Aagency of the environmental review of projects subject to advisory
SPR only.
§ 276-4. Other permits and approvals.
An approved site plan shall be binding on all further permits and approvals
needed for the project. The Board or the Director's decision to approve a site
plan does not excuse an applicant from complying with all other permits and
approvals that may be needed, including but not limited to street and sidewalk
permits, utility permits and tree permits.
A. Permits from Building Department. For projects subject to SPR, a permit from
the Building Department shall be issued only after SPR approval has been
granted. When and application is for a permit for sitework only, the permit
may be issued based on preliminary or preliminary conditional SPR approval,
following adequate review of at least tue layout and grading components of
the site plan. In a case where a conditional SPR approval has been given,
no certificate of occupancy or completion shall be issued until final SPR
approval has been given and all conditions provisions of such final approval
have been met. See also § 276-9.
B. Use Variance. Any required use variance must be obtained from the Board of
Zoning Appeals before a site plan can be approved by the Planning Board
C. Area Variance. For Deveolpment project subjest to SPR, the Planning Board
shall have the sole authority to grant area variances in accordance with the
standards and regulation as described in the Zoning Ordinance.
B. Variances.
Item # F2 c-1
Proposed Revisied SPR Ordinance
6/6/2012 6 of 21
(1) Any required variance must be obtained from the Board of Zoning
Appeals before the Planning Board will issue a preliminary or final site
plan can be approval. ed by the Planning Board
(2) For projects that require both a variance and site plan approval, the
Planning Board will act as Lead Agency in the environemental review
for both actions. The BZA cannot grant a variance until the the
Planning Board has completed the environmental review.
.
C. Storm Water Pollution Prevention Plans (SWPPP). All Storm Water Pollution
Prevention Plans must be certified by the Stormwater Management Officer
(SMO) in accordance with §282 before final site plan approval is granted.
§ 276-5. Authorization to review site plans.
A. The Planning and Development Board is authorized to conduct SPR
according to the procedures described in § 276-6.
B. The Director is authorized to conduct SPR of projects of limited scope as
defined in § 276-3B.
C. In projects of limited scope the Board shall conduct SPR according to the
procedures described below in § 276-6, including the provisions marked by an
asterix: when the following conditions arise:
(1) There is public controversy concerning the proposed development, as
determined by the Board or the Director .
(2) The application is referred to the Board by the Director.
of Planning and Development.
(3) The applicant appeals to the Board after decision by the Director is made.
§ 276-6. Site plan review (SPR) procedures.
A. Process initiation.
(1) The Building Commissioner shall determine whether SPR is required
when an application for a building permit, a demolition permit, or a fill
permit is applied for filed. Such determinations may be appealed to the
Planning and Development Board within 30 days of the written notification
that SPR is required.
(2) Projects which do not require a biulding permit, as described in §276-3 A
(2) shall be submitted to the Planning Director for sketch plan. The
Item # F2 c-1
Proposed Revisied SPR Ordinance
6/6/2012 7 of 21
Director shall. in accordance with 276-5 C, determine if the project
requires review by the Board.
B. SPR procedures. [Note: Subsections marked by an asterisk (*) do not apply
to projects of limited scope, which require Director ofPlanning and
Development review only.]: The following procedures are required for both full
site plan review and projects of limited scope:
(1) Sketch plan conference . with planning staff, or when appropriate, with
the Board as a whole. This step may occur before the application for a
building permit if it can be reasonably assumed that SPR would be
required, in order to inform the applicant of the SPR process and to
explain the standards for approval, before substantial time and effort are
invested in the preparation of plans. The Director should determine at this
stage whether the proposal is a project of limited scope as defined in §
276-3B.
(2) (2) Submission of application materials.
(a) Applicant s mst submit a complete site plan review application,
including all applicable materials as described in the Site Plan
Review Check List, which may be obtained from the Department of
Planning and Development. Applications are to be stamped by a
licensed landscape architect. This requirement may be waived by
the reviewer (Director or Board).
(b)
Additional application procedures materials and submittal requirements
may be are to be developed required by the Board. Depending on the
scope and complexity of the project, applicant may be encouraged to
engage the services of one or more additional lisciened design
professionals ona other experts such as architects, landscape
architects, engineers, ecologists or surveyors the Board has the
discretion to require applicants to engage the services of licensed
design professionals and other experts such as architects, landscape
architects, engineers, ecologists or surveyors.
(c) For all new construction and reconstruction of single-lot residential
development of a single-family detached or semidetached or a
two-family dwelling, applicants must complete the Residential Infill
Neighborhood Compatibility Review Application, which may be
obtained from the Department of Planning and Development.
(3) Environmental review. An environmental review of the proposed
development shall be conducted prior to SPR approval in accordance
with § 176 of the City Code.
Item # F2 c-1
Proposed Revisied SPR Ordinance
6/6/2012 8 of 21
C. The following procedures are required for full Site Plan Review and not
required for projects of limited scope(4) Public notice. Upon application for SPR,
a public notice of the proposed development shall be posted at the project site for
a minimum of 10 days. This notice must remain in place at least until a decision
to approve or disapprove the SPR application is made. The notice shall specify
the type and size of the development project; the time and place of the public
hearing should the development project be subject to one; and to whom and by
when any public comments are to be communicated. The notice must be placed
at or near the property line in the front yard so that it will be plainly visible from
the street, and, in cases where a property has frontage on more than one street,
an additional sign must be placed at or near the property line on any additional
street frontage so that the sign will be plainly visible from the street on which it
has such additional frontage.
(5) Coordination and consultation. SPR projects requiring the review and
approval of the Board may also be reviewed by the Building Department, the
Engineering Office, the Fire Department, the City Forester and any other City
officials or non-city consultants deemed appropriate by the Director of Planning
and Development. Any comments from these reviewers shall be summarized and
forwarded to the Board to aid its decision on the proposal.
(6) Planning and Development Board meeting. Following timely receipt of a
complete application for site plan approval, the Board shall schedule
consideration of the application at its earliest possible scheduled meeting. The
Board may establish its procedures and requirements, within the framework
provided by this chapter, for conducting site plan review.
Item # F2 c-1
Proposed Revisied SPR Ordinance
6/6/2012 9 of 21
(7) Public hearing. Prior to rendering any decision on an SPR application, the
Board shall first hold a public hearing on the proposed development. This may
begin concurrently with any required public hearing for the purpose of
environmental review of the same project and may continue after any such
environmental review public hearing is closed. Public hearings are not required of
projects of limited scope as defined in § 276-3B, unless the project is referred to
the Board for SPR.
(4)(1) .Public notice
e.
(a) By mail. At least 20 days before the first meeting at which the
Planning and Development Board considers either a
determination of environmental significance or preliminary
site plan approval, the applicant shall notify the record owners
by mail of all properties within 200 feet of the project site.
Such notice shall be in the form approved by the Board,
briefly state essential facts about the proposal, include the
proposed site plan, and inform recipients of the date, time
and place of the meeting and the place where further
information about the proposal and the review process may
be obtained. Applicant shall provide the Board with
certification of compliance for notice procedures.
(b) By posting. At least 20 days before the first meeting at which
the Planning and Development Board considers either a
determination of environmental significance or preliminary
site plan approval, the applicant shall post a sign at the center
of each property line of the project site which fronts on a
public or private roadway or public right-of-way. Such signs
shall be continuously maintained and displayed facing the
roadway until final action has been taken by the Board to
approve or deny the site plan. The required signs shall be
obtained from the Department of Planning and Development,
and a nonrefundable fee shall be paid for each sign or
replacement obtained. At the time such signs are obtained,
the applicant or the applicant's representative shall indicate,
in writing, the date on which the signs are to be erected.
Item # F2 c-1
Proposed Revisied SPR Ordinance
6/6/2012 10 of 21
(c) By newspaper. The hearing on the preliminary site plan shall
be advertised in a newspaper of general circulation in the city
at least five days before the hearing.
(2) Coordination and consultation. SPR projects requiring the review
and approval of the Board may also be reviewed by the Building
Department, the Engineering Office, the Fire Department, the City
Forester and any other city officials or non-city consultants
deemed appropriate by the Planning Board or the Director. Any
comments from these reviewers shall be summarized and
forwarded to the Board to aid its decision on the proposal.
(3) Planning and Development Board meeting. Following timely
receipt of a complete application for site plan approval, the Board
shall schedule consideration of the application at its earliest
possible scheduled meeting. The Board may establish its
procedures and requirements, within the framework provided by
this chapter, for conducting site plan review.
(4) Public hearing. Prior to rendering any decision on a SPR
application, the Board shall first hold a public hearing on the
proposed development. This may begin concurrently with any
required public hearing for the purpose of environmental review of
the same project and may continue after any such environmental
review public hearing is closed. Public hearings are not required
for projects of limited scope as defined in § 276-3B, unless the
project is referred to the Board for SPR(8)
(5) Action on application for site plan approval.
(a) Within 645 days after completeion of environmental review
on a complete SPR application, of the submission of a complete
SPR application including completed environmental review, the
Board (or the Director if it is a project of limited scope as defined
in § 276-3B) shall render one of the following decisions:
[1] Preliminary approval only.
[2] Preliminary approval with conditions.
[3] Preliminary and final approval.
[4] Preliminary and final approval with conditions.
[5] Disapproval of the site plan.
Item # F2 c-1
Proposed Revisied SPR Ordinance
6/6/2012 11 of 21
(b) In the case where a Board's action is required and where
preliminary approval only is granted, final approval shall be
considered at the earliest scheduled Board meeting subsequent
to the applicant's submittal of an adequately revised site plan,
whereupon the Board shall render one of the following
decisions:
[1] Final approval.
[2] Final approval with conditions.
[3] Disapproval of the site plan.
(65) Communication of decision. The Building Commissioner and the
applicant shall be notified, in writing, of a site plan review decision
no later than 10 working days after the date of decision. When a
site plan is approved, a stamped copy of the approved site plan,
including any conditions of approval, shall accompany the
notification to the Building Commissioner.
(
DC. Changes to approved site plan. Proposed changes (whether before or
after construction) to approved site plans must be submitted to the
Commissioner for review to determine whether the effect of the proposed
changes warrants reconsideration of the project's approval status. The
Commissioner in consultation with the Director shall make one of the following
determinations:
(1) That the proposed changes do not affect the approval status of the site
plan.
(2) That the changes are significant and shall require a reopening of the
review.
(3) That the proposed changes are likely to have such an extensive or
significant effect on the project that a new SPR application is required.
ED. Extension of deadlines. All deadlines for decisions on an SPR application
may be extended upon mutual agreement by the Board and the applicant.
§ 276-7. Project review criteria.
A. General criteria:
(1) Avoidance or mitigation of any negative impacts. The following shall be
emphasized in particular:
Item # F2 c-1
Proposed Revisied SPR Ordinance
6/6/2012 12 of 21
(a) Erosion, sedimentation and siltation control in accordance with §282
of the City Code.
(b) Protection of significant natural features and areas, including but not
limited to trees, views, watercourses or bodies of water and land
forms, on or near the site. The protection of existing mature
vegetation, especially trees over eight to 12 inches DBH (diameter-
breast-height) may be required unless a justification for their removal
can be made by the applicant.
(c) Protection of, and compatibility with, other nearby features and areas
of importance to the community, including but not limited to parks,
landmarks, neighborhoods, commercial areas, and historic districts.
(2) Compliance with all other regulations applicable to the development.
These include, but are not limited to, the Zoning Ordinance, Sign
Ordinance, Subdivision Regulations, Storm Water Regulations Ordinance,
Landmarks Preservation Ordinance, Exterior Property Maintenance
Ordinance and Environmental Quality Review Ordinance of the City of
Ithaca,1EN and the State Environmental Quality Review Act.2EN
[Amended 6-13-2001 by Ord. No. 2001-8]
(3) Improvement of the visual quality of the site and its vicinity through:
(a) The presence of a perceivable form and order in the basic layout of
the major architectural and landscape elements.
(b) The proper and effective use of landscape architectural elements such
as plantings, land forms, water features, paving and lighting, including
the location and appearance of proposed signage. [Amended 3-5-
2003 by Ord. No. 2003-8]
(c) An appropriate arrangement, form, scale, proportion, color, pattern
and texture of buildings and other site improvements.
(d) An appropriate relationship between the proposed development and
the nearby streetscape, landscape, and the built environment.
(e) The integration of works of art on the site where appropriate and
possible. [Added 3-5-2003 by Ord. No. 2003-8]
(f) The appropriate arrangement of landscape and architectural elements
to preserve existing views both to, from and through the site.
(4) Adequate wastewater and sewage disposal facilities. Calculations of the
existing and estimated increased loads on the system may be required.
(5) Adequacy of fire lanes and fire and emergency access and the availability
of fire hydrants.
Item # F2 c-1
Proposed Revisied SPR Ordinance
6/6/2012 13 of 21
(6) Safe arrangement of vehicular access, circulation, intersections and traffic
controls. Analysis of the project's impact on parking and traffic may be
required, including sight lines at curb cuts..
(78) Handicap accessibility of buildings, pathways and parking in
accordance with ADA standards.
(8)(8) Safe and convenient pedestrian and bicycle access and circulation,
including provisions of sidewalks along public streets unless not feasible
due to site constraints, and provision of bicycle racks as stipulated in Sec.
276-7(C)(5).
(99) Open space for play areas and informal recreation in the case of a
residential development.
((100) Provisions for energy effiiciency, renewable energy, and green
design.
(111) Conformance to any endorsed or adopted urban design plan or
comprehensive plan relevant to the proposed site.
(122) For new construction of multiple dwellings, commercial buildings
and office buildings, adequate and appropriately located facilities for the
storage and collection of solid waste and recyclable materials shall be
required. Developers of new commercial and mixed-occupancy buildings
must design a waste management system that can support the needs of
any allowable use in the building, including those uses that could result in
maximum garbage generation. Screening of these facilities, as well as
other actions relating to the appearance of the facilities, may be required
in accordance with the Exterior Property Maintenance Ordinance, Chapter
178 of the City of Ithaca Municipal Code. [Amended 6-13-2001 by Ord.
No. 2001-8; 3-5-2003 by Ord. No. 2003-8]
(133) Shielding and reduction of noise from mechanical equipment and other
sources to the extent reasonably practicable.
(14) Screning or architectural integration of a building’s or structures’s exterior
mechnaical equipment.
(15) The scope and definition of the proposed development shall include all
previous development on the property occurring within the past two years
within 200 feet of the proposed development which, when considered
together, may have a substantial aggregate effect on the surrounding
Item # F2 c-1
Proposed Revisied SPR Ordinance
6/6/2012 14 of 21
properties. (See definitions of "development" and "affected site area" in §
276-2B.)
B. Criteria for plant materials and maintenance. All projects shall provide for
adequate types and arrangements of landscaping, both to enhance the site
and to complement the architectural components of the development and to
screen or buffer adjacent uses in public ways. Where possible and
reasonable, trees shall be planted in an 8’ tree lawn strip adjacent to the road.
The City Forester shall, when appropriate, be consulted regarding
specifications governing tree species, size, spacing and method and location
of planting. Appropriate guaranties for tree health may be required. Where
possible and reasonable, any trees greater than 8 inches in diameter at
breast height of desirable species and in good health and sound structure, as
determined by the City Forester, should be retained on the site and protected
during development per the requirements of § 306-7B of Chapter 306, Trees
and Shrubs.
(1) Deciduous trees shall have a caliper of at least 2 1/2 inches at the time of
planting. Size of evergreen trees and shrubs mayshall be allowed to vary
depending on location and type of plant material (species).
(2) only nursery-grown plant materials shall be acceptable. All trees, shrubs
and ground cover shall be planted according to the accepted standards of
the American Association of Nurserymen.
(2) All plant materials shall be installed to the following standards:
a. all planting beds to be excavated to a minimum depth of two feet,
b. tree pits in lawn to be excavated to depth of root ball plus 6” and
shall be 3X the width of the root ball,
c. all trees in lawn areas to receive 5’ diameter mulch rings
d. Only nursery-grown plant materials shall be acceptable. All trees,
shrubs and ground cover shall comply with applicable requirements
of ANSI Z60.1 “American Standard for Nursery Stock”,
e. no plants or trees shall be located beneath building overhangs,
f. Depending on site design and soil conditions, structural soil may be
required under sidewalks and in planting beds contiguos to paved
areas. The City Forester and/or the Director shall work with the
Item # F2 c-1
Proposed Revisied SPR Ordinance
6/6/2012 15 of 21
applicant to determine the need for structural soil and the extent of
its use.
(3) Dead, dying and/or seriously damaged plant materials of the approved site
plan shall be replaced, by the owner, within a reasonable time period
during the current (or immediate next) planting season. Any other
damaged or missing elements, including but not limited to fences,
bollards, signs, shrubs, street furniture, etc., of the approved plan must be
similarly replaced by the owner. This will assure that landscaping remains
in compliance with the final site plan as approved by the Planning and
Development Board.
(4) For projects on City property, the City Forester and the Shade Tree
Advisory Committee shall be consulted in plant species selection and
planting soil specification.
(54) Notwithstanding any provision in this chapter or any other City
ordinance or regulation to the contrary, an approved site plan may not be
modified without express written approval of the Board of Planning and
Development Board except as approved by the Building Commissioner
upon consultation with the Director as specified herein above.
C. Criteria for C. Criteria for aautomobile and bicycle parking areas. All
parking areas shall be designed in conformance with §325.20 of the City
Ordinance. The Board may make such additional reasonable stipulations as
it deems appropriate to carry out the intention of this chapter. (see
accompanying illustrations. Editor's Note: The illustrations[kj1] referred to are
on file in the City Planning and Development office)
(1) Parking areas in Residential Zoning Districts. In order to protect
the character of residential areas, plans for parking areas with the
capacity of or three or more cars within residential zoning districts
must conform to either the setback compliance method or, at the
discretion of the Planning Board, the landscaping compliance
method described respectively in § 325-20E(5)(a) and (b). Such
plans must also comply with all other general and specific
standards of § 325-20. 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 purposes of this subsection.
(2) Applicants are encouraged to design parking areas with pervious
paving when feasible.
D. Criteria for Bicycle parking facilities. Bicycle parking shall be required for all
uses requiring site plan review as per Sec. 276-3(A)(2) except as may be
deterimined by the Board or the Transportation Engineer
Item # F2 c-1
Proposed Revisied SPR Ordinance
6/6/2012 16 of 21
where applicable. The general criteria in Subsection A shall apply also to
automobile and bicycle parking area development. These are intended to
be minimum criteria. The Board may make such additional reasonable
stipulations as it deems appropriate to carry out the intention of this
chapter. The following criteria shall apply (see accompanying illustrations.
Editor's Note: The illustrations[kj2] referred to are on file in the City Planning
and Development office):
(1) There shall be screening with a minimum five-foot-wide planting area
or fences between a motor vehicle parking area and adjacent
properties and public ways. Where motor vehicle parking is shared
by more than one property or where commercial properties abut,
screening between adjacent properties is not required. In such cases
the Board may require landscaping as it deems appropriate.
(2) In motor vehicle parking areas a minimum of 12% of the interior
ground area (i.e., excluding any peripheral planting area) shall be
planting areas that include trees with a potential mature height of at
least 50 feet and a caliper of at least 2 1/2 inches at the time of
planting.
(3) Interior planting areas shall be a minimum of 80 square feet with no
dimensions being less than eight feet. The planter shall be curbed
and have a minimum three-foot-deep excavation.
(4) The City Forester and the Shade Tree Advisory Committee shall be
consulted in plant species selection, and planting soil specification.
This is only required if the project is on City property.
Item # F2 c-1
Proposed Revisied SPR Ordinance
6/6/2012 17 of 21
(5) Applicants are encouraged to design parking areas with pervious
paving when feasible.
(6) Bicycle parking facilities shall be required for all uses requiring site
plan review as listed in Sec. 276-3(A)(2).
(a) Statement of purpose. It is the intent of this section to provide
for the regulation and requirement of safe, secure, convenient,
and appropriate bicycle parking facilities. The Planning and
Development Board shall use the following guidelines in its
consideration of the number of bicycle parking spaces
required, the location of such spaces, and the type/design of
bicycle parking facilities.
(b) Definitions. The term ‘bicycle parking facility’ includes the
bicycle parking spaces, one or more bicycle racks, and, when
applicable, the access aisle(s) between groups of bicycle
racks. A ‘bicycle parking space’ refers to a location for which
the parking of one (1) bicycle is intended. A ‘bicycle rack’ is
the element of the bicycle parking facility that supports one or
more bicycles and to which one or more bicycles may be
locked.
(c) Number of bicycle parking spaces required. See the guidelines
detailed in the Ithaca Bicycle Plan. A summary of these
requirements is listed in the table in §325-XXX (Add section
on bicycle parking requirements) :
(d) Location of bicycle parking.
[1] Bicycle parking facilities should be located close to
building entrances, should be located at least as close
and convenient to building entrances as the nearest
motor vehicle parking space, and be clustered in small
lots of ten (10) spaces or less (Schools and educational
facilities, small lots of twenty (20) spaces or less).
Bicycle parking facilities to be in a public right of way
shall require approval by the Office of the City
Engineer.
[2] Bicycle parking facilities, not located within a building,
shall be located in highly visible and well-lighted areas
to minimize theft and vandalism.
[3] Bicycle parking facilities shall not intrude into pedestrian
or vehicular circulation paths.
[4] Bicycle parking facilities intended primarily for
residential uses should generally be located within
garages and other secure indoor areas.
Item # F2 c-1
Proposed Revisied SPR Ordinance
6/6/2012 18 of 21
[5] In all cases, bicycle parking facilities should be
protected from the elements whenever practical.
[6] A minimum clear area of 24 inches shall be between
bicycle racks and walls, other obstructions, and/or any
unpaved surface. Vertical clearance of 7 feet minimum
is required for all bicycle parking facilities. There must
be a convenient, paved access route between the
roadway network and the bicycle parking area (for
example, bicyclists should not be required to cross
lawns or carry bicycles up stairways to reach bicycle
parking facilities).
(e) Type/design of bicycle parking facilities.
[1] Bicycle parking facilities shall be designed in such a
way so as to accommodate a seven (7) foot long
bicycle and two (2) feet wide.
[2] Bicycle racks shall be securely anchored into concrete.
The entire footprint of the bicycle parking facility shall
be constructed of concrete (asphalt, brick, or other
durable surface may be acceptable at the discretion of
the Planning and Development Board). The footprint
shall be as level as practical.
[3] Bicycle racks shall be the standard inverted “U” rack
design, 36 inches high and with vertical elements 20 to
30 inches apart. When multiple inverted “U” racks are
grouped together, they shall be oriented parallel to one
another and should be spaced 30 inches on center
(exceptions for spacing as narrow as 24 inches on
center and as wide as 36 inches on center shall be
allowable in some instances at the discretion of the
Planning and Development Board). Though the
standard inverted “U” rack design is highly
recommended, other innovative and/or creative rack
designs may be allowed at the discretion of the
Planning and Development Board.
[4] Bicycle racks shall support the frame of each bicycle in
TWO or more places separated by 20 to 30 inches.
(Designs that support bicycles by one wheel or by one
part of the bicycle are NOT acceptable.)
[5] All rack designs shall permit the use of standard U-
locks.
Item # F2 c-1
Proposed Revisied SPR Ordinance
6/6/2012 19 of 21
[6] Possible variation from above standards under site
development plan review. The Planning and
Development Board may, at its discretion, allow
variations from the above standards.
(f) Variations and exemptions to bicycle parking requirements.
[1] Any property owner required to provide bicycle parking
may propose to establish a shared bicycle parking
facility with an adjacent property owner to meet the
combined requirements. Such a proposal requires
approval by the Board.
[2] The Board may permit fewer bicycle parking spaces
depending on specific circumstances.
§ 276-8. Fees. NOT REVISED
A. A. Application fees. The application fees shall be based on the total
construction, site work, construction and landscaping cost and shall be
charged in accordance with the following schedule. Fees shall be payable
to the City of Ithaca upon the submission of an application for SPR.
Type of Approval Project Cost Application Fee
Less and $10,000 $75
$10,000 to $50,000 $150
$50,000 to
$100,000
$2500 Full Site Plan Review
Over $100,000 $1.50 per $1,000
Less than $50,000 $150 *Modified Site Plan
Review $50,000 or more $250
Limited Site Plan Review Any Amount $50
*The Fee Scehdule for Modified Site Plan Review applies only to modifications to the
approved site plan that do not trigger reconsideration of the determination of
environmental significance. Modifications that require additional environmental review
shall follow the fee schedule for Full Site Plan Review .
Estimated Cost Application Fee
Less than $10,000 $50
$10,000 to $50,000 $100
$50,000 to $100,000 $200
More than $100,000 $1.50 per $1,000 of cost
Item # F2 c-1
Proposed Revisied SPR Ordinance
6/6/2012 20 of 21
B. Payment of Fees. For site plan review projects that require a use or area
variance from the BZA, 50% of the fee is due at the time of application
and 50% is due before the Planning Board grants preliminary approval.
For all other projects, the full fee is due at the time of application.
§ 276-9. Performance guaranty.
No certificate of occupancy or certificate of completion shall be issued until all
improvements required by site plan approval, are installed and including any
conditions placed on such approval, are fulfilledinstalled, or until a sufficient
guaranty, in the form of a performance bond, letter of credit or other security, is in
place. The Building Commissioner shall be responsible for the overall inspection
of site improvements.
§ 276-10. Expiration of approval; extension of approval. [Amended 12-12-
2001 by Ord. No. 2001-12]
If the construction of a development has not commenced within two years of the
date of the site plan approval, such approval shall expire, unless an extension
has been granted by the Board following a written request by the applicant. An
application for an extension of SPR approval shall not be considered a new SPR
application.
§ 276-11. Enforcement; inspections; penalties for offenses.
Development projects may be periodically inspected for conformance to the
approved site plan, including the maintenance of the viability of the planting
required as part of the site plan approval. If there is nonconformance, or if any
conditions of SPR approval are not fulfilled, no certificate of occupancy or
certificate of completion shall be issued. Where a development reverts to
nonconformance after the issuance of a certificate of occupancy or certificate of
completion, current owners of the development shall be notified, in writing, and
given the opportunity to correct the situation. If the Director determines that the
corrective measures are inadequate, the city shall implement any necessary
changes to the site to bring it into conformance, the cost of which shall be
charged to the property owner. In addition, a fine of $50/day may be imposed for
any violations of the provisions of this chapter or of any conditions imposed by a
permit issued pursuant to site plan approval. Development projects shall be
inspected at least once two years after the issuance of a certificate of occupancy
or certificate of completion.
§ 276-12. Appeals.
Item # F2 c-1
Proposed Revisied SPR Ordinance
6/6/2012 21 of 21
A. The determination (by the Building Commissioner) of whether a development
proposal is subject to SPR may be appealed to the Board within 30 days of
the written notification that SPR is required.
B. Any person aggrieved by any decision of the Director may appeal to the
Board.
C. Any person aggrieved by any decision of the Board, or any officer or agency
of the city, regarding SPR, may apply to the Supreme Court for review by a
proceeding under Article 78 of the Civil Practice Law and Rules.
§ 276-13. Severability.
If any section, paragraph or provision of this chapter shall be determined to be
invalid, such invalidity shall apply only to the section, paragraph or provision
adjudged invalid, and the rest of this chapter shall remain valid and effective.
§ 276-14. When effective; conflicts with urban design guidelines.
A. This chapter shall take effect immediately in accordance with publication of
a notice as provided in the Ithaca City Charter.
B. In the event of any conflict between the provisions of this chapter and any
urban design guidelines adopted for a specific geographical area, the provisions of
the urban design guidelines will prevail. To be Moved & Re-worded
Item # F2 c-1
Proposed Revisied SPR Ordinance
Revised by Planning Board on 5-22-12
6/6/2012 1 of 15
DRAFT-PROPOSED AMENDMENTS
Chapter 276, SITE PLAN REVIEW
[HISTORY: Adopted by the Common Council of the City of Ithaca 12-8-1999 by
Ord. No. 99-15. This ordinance also repealed former Ch. 276, Site Development
Plan Review, adopted 2-1-1989 by Ord. No. 89-1 (Ch. 39 of the 1975 Municipal
code), as amended. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental quality review -- See Ch. 176.
Flood damage prevention -- See Ch. 186.
Landmarks preservation -- See Ch. 228.
Stormwater Regulations –See Chapter 282.
Subdivision of land -- See Ch. 290.
Zoning -- See Ch. 325.
§ 276-1. Intent.
The intent of this chapter is to provide for the review of site plans for certain land
uses in the City of Ithaca for the purpose of:
A. Preserving and enhancing neighborhood character.
B. Achieving compatibility with adjacent development and uses.
C. Mitigating potentially negative impacts on traffic, parking, drainage, the
landscape and similar environmental concerns.
D. Improving the design, function, aesthetics and safety of development projects
and the overall visual and aesthetic quality of the city.
E. Promoting environmental sustainability in new development, redevelopment
and long term planning.
§ 276-2. Definitions.
A. Definitions of specific terms or words as used in this chapter shall conform to
the definitions of the same terms in the Zoning Ordinance, Chapter 325, §
325-3.
B. In addition to the definitions in Chapter 325, the following terms shall be used
in this chapter as they are defined in this section:
Item # F2 c-2
Proposed Revisied SPR Ordinance
Revised by Planning Board on 5-22-12
6/6/2012 2 of 15
AFFECTED SITE AREA -- Any area (including new and modified gross floor
space) that is physically changed as a result of the proposed development.
Such changes do not have to be permanent or irreversible for the area to be
considered affected. For example, a construction staging area will be
considered an affected area if tree damage or significant soil compaction is
likely to result.
BOARD -- The Planning and Development Board, unless otherwise specified.
COMMISSIONER -- The Building Commissioner for the City of Ithaca, New
York.
DEVELOPMENT -- Any land use activity or project which requires a permit
from the Building Department and will result in changes to the physical
condition, appearance or type of use, or intensity of use, of property.
(1) Development projects include but are not limited to:
(a) New construction, reconstruction, modification or expansion of
existing structures or site improvements.
(b) Landfilling, excavation, grading, parking lot construction or any other
disturbances to the natural or existing topography or vegetation of the
site.
(c) Demolition of structures or site improvements.
(2) A project shall not be considered a development if it is one or a
combination of the following:
(a) Replacement in kind only; or
(b) Interior construction only; or
(c) Infrastructure maintenance only.
DIRECTOR -- The Director of Planning and Development for the City of
Ithaca, New York or his/her designee.
EXPANSION -- An enlargement of, or addition to, an existing structure or a
paved area, including driveways, parking areas and sidewalks.
MODIFICATION -- Rearrangement of site layout or an exterior alteration to an
existing structure (including any changes to a building facade, except
replacement in kind).
PERFORMANCE GUARANTY -- Any security that may be accepted by the
city as a guarantee that the improvements required as part of site plan
approval will be satisfactorily completed.
Item # F2 c-2
Proposed Revisied SPR Ordinance
Revised by Planning Board on 5-22-12
6/6/2012 3 of 15
RECONSTRUCTION -- Construction of buildings or site plan improvements
following total demolition of a previous development.
REPLACEMENT IN KIND -- Replacement of materials (for maintenance
purposes) which does not have an effect on the appearance of the existing
building and site.
SITE IMPROVEMENT -- Features including but not limited to planting,
paving, retaining walls, drainage culverts and swales, fences and gates,
lighting, site furniture, fountains, pools, bridges, dams, decks, boardwalks,
pergolas, signs and any other accessory structures, devices or landscape
materials on the site.
SITE PLAN -- The development plan showing the existing and proposed
conditions, including but not limited to topography, vegetation, drainage,
floodplains, marshes and waterways; open spaces, walkways, means of
ingress and egress, utility services, landscaping, structures and signs, lighting
and screening devices; submitted along with building plans, elevations and
building materials; and any other information that may be reasonably required
to allow an informed decision to be made by the Board or the Director.
STORM WATER POLLLUTION PREVENTION PLAN (SWPPP) –A plan to
identify and mitigate stormwater impacts as defined in Chapter 282.
§ 276-3. Applicability; exceptions.
A. General applicability.
(1) Site plan review (SPR) applies to all new construction and reconstruction
of both residential and non residential development (except that excluded
by § 276-3C) ,including parking areas of three or more spaces in
residential zoning districts.
(3) Site plan review (SPR) applies to construction of landscape and
infrastructure improvements which do not normally require a building
permit, but nervertheless have an extensive public use, prominent
visibility, or a potentially large environmental impact, such as construction
of trails or trailheads, development of, or improvements to, existing parks;
construction or reconstruction of bridges; and rebuilding of public or
private streets that involve streetscape improvements.
B. Projects of limited scope.
(1) The Director shall have the authority to review and act on a development
proposal if the proposed project meets the description in § 276-3A but is
Item # F2 c-2
Proposed Revisied SPR Ordinance
Revised by Planning Board on 5-22-12
6/6/2012 4 of 15
below the thresholds described below. For such projects of limited scope,
reviewed by the Director, a public hearing is not required. The Planning
and Development Department shall be the lead agency in the
environmental review of such projects. There shall be no requisite review
of the environmental assessment forms (EAF) by the Conservation
Advisory Council (CAC) in these cases. See § 276-5C for situations when
projects of limited scope will be referred to the Board for a full review. The
upper thresholds for projects of limited scope are:
(a) All new construction and reconstruction of single-lot residential
development of a single-family detached or semidetached dwelling or
a two-family dwelling.
(b) Modification and expansion of residential development involving 4,000
square feet (sf) or more of total affected site area.
(c) New construction, reconstruction, modification or expansion of
nonresidential development in residential zones involving 3,000 sf of
total affected site area.
(d) Modification and expansion of nonresidential development in
nonresidential zones, involving 10,000 sf of total affected site area.
(e) Construction of landscape and infrastructure improvements as
described in § 276-3A(2).
(2) When an application is received for site plan review under the provisions
for projects of limited scope as noted above, the Director shall, within 10
working days of the date of the submission of the application, notify the
Council members in whose ward the project is to be located.
C. Exemption: Existing uses and developments which in their present
configuration and use are legally authorized as of the date of this legislation
shall not be subject to SPR.
D. City and other government projects. For city and other government projects,
the threshold of applicability, the review procedure and the review criteria
shall be the same as for all SPR applicants unless the Common Council
decides that any particular government project shall be reviewed on an
advisory basis only. However, even if a project is subject to advisory review
only, no construction shall begin until the Board or the Director has completed
the review, including the issuance of any findings and recommendations that
the Board or the Director determines to be appropriate. Projects subject to
advisory SPR only shall be presented to the Board for review beginning as
early as possible, and in any case no later than when the environmental
review is started. The Board may or may not be the Lead Agency of the
environmental review of projects subject to advisory SPR only.
Item # F2 c-2
Proposed Revisied SPR Ordinance
Revised by Planning Board on 5-22-12
6/6/2012 5 of 15
§ 276-4. Other permits and approvals.
An approved site plan shall be binding on all further permits and approvals
needed for the project. The Board or the Director's decision to approve a site
plan does not excuse an applicant from complying with all other permits and
approvals that may be needed, including but not limited to street and sidewalk
permits, utility permits and tree permits.
A. Permits from Building Department. For projects subject to SPR, a permit from
the Building Department shall be issued only after SPR approval has been
granted. In a case where a conditional SPR approval has been given, no
certificate of occupancy or completion shall be issued until final SPR approval
has been given and all conditions of such final approval have been met. See
also § 276-9.
B. Variances.
(1) Any required variance must be obtained from the Board of Zoning
Appeals before the Planning Board will issue preliminary or final site
plan approval.
(2) For projects that require both a variance and site plan approval, the
Planning Board will act as Lead Agency in the environmental review for
both actions. The BZA cannot grant a variance until the the Planning
Board has completed the environmental review.
C. Storm Water Pollution Prevention Plans (SWPPP). All Storm Water Pollution
Prevention Plans must be approved by the Stormwater Management Officer
(SMO) in accordance with §282 before final site plan approval is granted.
§ 276-5. Authorization to review site plans.
A. The Planning and Development Board is authorized to conduct SPR
according to the procedures described in § 276-6.
B. The Director is authorized to conduct SPR of projects of limited scope as
defined in § 276-3B.
C. In projects of limited scope the Board shall conduct SPR according to the
procedures described below in § 276-6, when the following conditions arise:
(1) There is public controversy concerning the proposed development, as
determined by the Board or the Director.
(2) The application is referred to the Board by the Director.
(3) The applicant appeals to the Board after decision by the Director is made.
§ 276-6. Site plan review (SPR) procedures.
Item # F2 c-2
Proposed Revisied SPR Ordinance
Revised by Planning Board on 5-22-12
6/6/2012 6 of 15
A. Process initiation.
(1) The Building Commissioner shall determine whether SPR is required
when an application for a building permit, a demolition permit, or a fill
permit is filed. Such determinations may be appealed to the Planning
and Development Board within 30 days of the written notification that
SPR is required.
(2) Projects which do not require a building permit, as described in §276-3A
(2) shall be submitted to the Planning Director for sketch plan. The
Director shall. in accordance with 276-5 C, determine if the project
requires review by the Board.
B. The following procedures are required for both full site plan review and
projects of limited scope:
(1) Sketch plan conference with planning staff, or when appropriate, with the
Board as a whole. This step may occur before the application for a
building permit if it can be reasonably assumed that SPR would be
required, in order to inform the applicant of the SPR process and to
explain the standards for approval, before substantial time and effort are
invested in the preparation of plans. The Director should determine at this
stage whether the proposal is a project of limited scope as defined in §
276-3B.
(2) Submission of application materials.
(a) Appicants must submit a complete site plan review application,
including all applicable materials as described in the Site Plan
Review Checklist, which may be obtained from the Department of
Plannign and Development.
(b) Additional application materials may be required by the Board.
Depending on the scope and complexity of the project, the Board has
the discretion to require applicants to engage the services of licensed
design professionals and other experts such as architects, landscape
architects, engineers, ecologists or surveyors.
(c) For all new construction and reconstruction of single-lot residential
development of a single-family detached or semidetached or a two-
family dwelling, applicants must complete the Residential Infill
Neighborhood Compatibility Review Application, which may be
obtained from the Department of Planning and Development
(3) Environmental review. An environmental review of the proposed
development shall be conducted prior to SPR approval in accordance
with § 176 of the City Code.
Item # F2 c-2
Proposed Revisied SPR Ordinance
Revised by Planning Board on 5-22-12
6/6/2012 7 of 15
C. The following procedures are required for full Site Plan Review and not
required for projects of limited scope:
(1) Public notice
(a) By mail. At least 20 days before the first meeting at which the
Planning and Development Board considers either a
determination of environmental significance or preliminary
site plan approval, the applicant shall notify the record owners
by mail of all properties within 200 feet of the project site.
Such notice shall be in the form approved by the Board,
briefly state essential facts about the proposal, include the
proposed site plan, and inform recipients of the date, time
and place of the meeting and the place where further
information about the proposal and the review process may
be obtained. Applicant shall provide the Board with
certification of compliance for notice procedures.
(b) By posting. At least 20 days before the first meeting at which
the Planning and Development Board considers either a
determination of environmental significance or preliminary
site plan approval, the applicant shall post a sign at the center
of each property line of the project site which fronts on a
public or private roadway or public right-of-way. Such signs
shall be continuously maintained and displayed facing the
roadway until final action has been taken by the Board to
approve or deny the site plan. The required signs shall be
obtained from the Department of Planning and Development,
and a nonrefundable fee shall be paid for each sign or
replacement obtained. At the time such signs are obtained,
the applicant or the applicant's representative shall indicate,
in writing, the date on which the signs are to be erected.
(c) By newspaper. The hearing on the preliminary site plan shall
be advertised in a newspaper of general circulation in the city
at least five days before the hearing.
(2) Coordination and consultation. SPR projects requiring the review
and approval of the Board may also be reviewed by the Building
Department, the Engineering Office, the Fire Department, the City
Forester and any other city officials or non-city consultants
deemed appropriate by the Planning Board or the Director. Any
comments from these reviewers shall be summarized and
forwarded to the Board to aid its decision on the proposal.
Item # F2 c-2
Proposed Revisied SPR Ordinance
Revised by Planning Board on 5-22-12
6/6/2012 8 of 15
(3) Planning and Development Board meeting. Following timely
receipt of a complete application for site plan approval, the Board
shall schedule consideration of the application at its earliest
possible scheduled meeting. The Board may establish its
procedures and requirements, within the framework provided by
this chapter, for conducting site plan review.
(4) Public hearing. Prior to rendering any decision on a SPR
application, the Board shall first hold a public hearing on the
proposed development. This may begin concurrently with any
required public hearing for the purpose of environmental review of
the same project and may continue after any such environmental
review public hearing is closed. Public hearings are not required
for projects of limited scope as defined in § 276-3B, unless the
project is referred to the Board for SPR
(5) Action on application for site plan approval.
(a) Within 65 days after completion of environmental review on a
complete SPR application, the Board (or the Director if it is a
project of limited scope as defined in § 276-3B) shall render one
of the following decisions:
[1] Preliminary approval only.
[2] Preliminary approval with conditions.
[3] Preliminary and final approval.
[4] Preliminary and final approval with conditions.
[5] Disapproval of the site plan.
(b) In the case where a Board's action is required and where
preliminary approval only is granted, final approval shall be
considered at the earliest scheduled Board meeting subsequent
to the applicant's submittal of an adequately revised site plan,
whereupon the Board shall render one of the following
decisions:
[1] Final approval.
[2] Final approval with conditions.
[3] Disapproval of the site plan.
(6) Communication of decision. The Building Commissioner and the
applicant shall be notified, in writing, of a site plan review decision
Item # F2 c-2
Proposed Revisied SPR Ordinance
Revised by Planning Board on 5-22-12
6/6/2012 9 of 15
no later than 10 working days after the date of decision. When a
site plan is approved, a stamped copy of the approved site plan,
including any conditions of approval, shall accompany the
notification to the Building Commissioner.
D. Changes to approved site plan. Proposed changes (whether before or after
construction) to approved site plans must be submitted to the Commissioner
for review to determine whether the effect of the proposed changes warrants
reconsideration of the project's approval status. The Commissioner in
consultation with the Director shall make one of the following determinations:
(1) That the proposed changes do not affect the approval status of the site
plan.
(2) That the changes are significant and shall require a reopening of the
review.
(3) That the proposed changes are likely to have such an extensive or
significant effect on the project that a new SPR application is required.
E. Extension of deadlines. All deadlines for decisions on an SPR application may
be extended upon mutual agreement by the Board and the applicant.
§ 276-7. Project review criteria.
A. General criteria:
(1) Avoidance or mitigation of any negative impacts. The following shall be
emphasized in particular:
(a) Erosion, sedimentation and siltation control in accordance with §282
of the City Code.
(b) Protection of significant natural features and areas, including but not
limited to trees, views, watercourses or bodies of water and land
forms, on or near the site. The protection of existing mature
vegetation, especially trees over eight inches DBH (diameter-breast-
height) may be required unless a justification for their removal can be
made by the applicant.
(c) Protection of, and compatibility with, other nearby features and areas
of importance to the community, including but not limited to parks,
landmarks, neighborhoods, commercial areas, and historic districts.
(2) Compliance with all other regulations applicable to the development.
These include, but are not limited to, the Zoning Ordinance, Sign
Ordinance, Subdivision Regulations, Storm Water Regulations Ordinance,
Item # F2 c-2
Proposed Revisied SPR Ordinance
Revised by Planning Board on 5-22-12
6/6/2012 10 of 15
Landmarks Preservation Ordinance, Exterior Property Maintenance
Ordinance and Environmental Quality Review Ordinance of the City of
Ithaca,1EN and the State Environmental Quality Review Act.2[Amended 6-
13-2001 by Ord. No. 2001-8]
(3) Improvement of the visual quality of the site and its vicinity through:
(a) The presence of a perceivable form and order in the basic layout of
the major architectural and landscape elements.
(b) The proper and effective use of landscape architectural elements such
as plantings, land forms, water features, paving and lighting, including
the location and appearance of proposed signage. [Amended 3-5-
2003 by Ord. No. 2003-8]
(c) An appropriate arrangement, form, scale, proportion, color, pattern
and texture of buildings and other site improvements.
(d) An appropriate relationship between the proposed development and
the nearby streetscape, landscape, and the built environment.
(e) The integration of works of art on the site where appropriate and
possible. [Added 3-5-2003 by Ord. No. 2003-8]
(f) The appropriate arrangement of landscape and architectural elements
to preserve existing views both to, from and through the site.
(4) Adequate wastewater and sewage disposal facilities. Calculations of the
existing and estimated increased loads on the system may be required.
(5) Adequacy of fire lanes and fire and emergency access and the availability
of fire hydrants.
(6) Safe arrangement of vehicular access, circulation, intersections and traffic
controls. Analysis of the project's impact on parking and traffic may be
required, including sight lines at curb cuts.
(7) Handicap accessibility of buildings, pathways and parking in accordance
with ADA standards.
(8) Safe and convenient pedestrian and bicycle access and circulation,
including provision of sidewalks along public streets, unless applicant
demonstrates that a sidewalk is not feasible due to site constraints.
(9) Open space for play areas and informal recreation in the case of a
residential development.
Item # F2 c-2
Proposed Revisied SPR Ordinance
Revised by Planning Board on 5-22-12
6/6/2012 11 of 15
(10)Provisions for energy efficiency, renewable energy, and green design as
determined by the Board
(11)Conformance to any endorsed or adopted urban design plan or
comprehensive plan relevant to the proposed site.
(12)For new construction of multiple dwellings, commercial buildings and
office buildings, adequate and appropriately located facilities for the
storage and collection of solid waste and recyclable materials shall be
required. Developers of new commercial and mixed-occupancy buildings
must design a waste management system that can support the needs of
any allowable use in the building, including those uses that could result in
maximum garbage generation. Screening of these facilities, as well as
other actions relating to the appearance of the facilities, may be required
in accordance with the Exterior Property Maintenance Ordinance, Chapter
178 of the City of Ithaca Municipal Code. [Amended 6-13-2001 by Ord.
No. 2001-8; 3-5-2003 by Ord. No. 2003-8]
(13) Shielding or reduction of noise from mechanical equipment and other
sources to the extent reasonably practicable.
(14) Screening or architectural integration of a building’s or structure’s exterior
mechanical equipment.
(15) The scope and definition of the proposed development shall include all
previous development on the property occurring within the past two years
within 200 feet of the proposed development which, when considered
together, may have a substantial aggregate effect on the surrounding
properties. (See definitions of "development" and "affected site area" in §
276-2B.)
B. Criteria for plant materials and maintenance. All projects shall provide for
adequate types and arrangements of landscaping, both to enhance the site
and to complement the architectural components of the development and to
screen or buffer adjacent uses in public ways. Use of invasive species should
be avoided. Where possible and reasonable, trees shall be planted in an 8’
tree lawn adjacent to the road. The City Forester shall, when appropriate, be
consulted regarding specifications governing tree species, size, spacing and
method and location of planting. Appropriate guaranties for tree health may
be required. Where possible and reasonable, any trees greater than 8 inches
in diameter at breast height of desirable species and in good health and
sound structure, as determined by the City Forester, should be retained on
the site and protected during development per the requirements of § 306-7B
of Chapter 306, Trees and Shrubs.
Item # F2 c-2
Proposed Revisied SPR Ordinance
Revised by Planning Board on 5-22-12
6/6/2012 12 of 15
(1) Deciduous trees shall have a caliper of at least 2 1/2 inches at the time of
planting. Size of evergreen trees and shrubs may vary depending on
location and species.
(2) All plant materials shall be installed to the following standards:
(a.) All planting beds to be excavated to a minimum depth of two
feet.
(b.) Tree pits in lawn to be excavated to depth of root ball plus
6” and shall be 3X the width of the root ball.
(c.) All trees in lawn areas to receive 5’ diameter mulch rings.
(d.) Only nursery-grown plant materials shall be acceptable. All
trees, shrubs and ground cover shall comply with applicable
requirements of ANSI Z60.1 “American Standard for Nursery
Stock”.
(e.) No plants or trees shall be located beneath building
overhangs.
(f.) Depending on site design and soil conditions, structural soil may
be required under sidewalks and in planting beds contiguous to
paved areas. The City Forester and/or the Director shall work with
the applicant to determine the need for structural soil and the extent
of its use.
(3) Dead, dying and/or seriously damaged plant materials of the approved site
plan shall be replaced, by the owner, within a reasonable time period
during the current (or immediate next) planting season. Any other
damaged or missing elements, including but not limited to fences,
bollards, signs, shrubs, street furniture, etc., of the approved plan must be
similarly replaced by the owner. This will assure that landscaping remains
in compliance with the final site plan as approved by the Planning and
Development Board.
(4) For projects on City property, the City Forester and the Shade Tree
Advisory Committee shall be consulted in plant species selection and
planting soil specification.
(5) Notwithstanding any provision in this chapter or any other City ordinance
or regulation to the contrary, an approved site plan may not be modified
without express written approval of the Planning and Development Board
except as approved by the Building Commissioner upon consultation with
the Director as specified herein above.
Item # F2 c-2
Proposed Revisied SPR Ordinance
Revised by Planning Board on 5-22-12
6/6/2012 13 of 15
C. Criteria for automobile parking areas. All parking areas shall be designed in
conformance with §325.20 of the City Ordinance. The Board may make such
additional reasonable stipulations as it deems appropriate to carry out the
intention of this chapter. (
(1) Parking areas in Residential Zoning Districts. 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, at the
discretion of the Planning Board, the landscaping compliance
method described respectively in § 325-20E(5)(a) and (b). Such
plans must also comply with all other general and specific
standards of § 325-20. 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 purposes of this subsection.
(2) Applicants are encouraged to design parking areas with pervious
paving when feasible.
D. Criteria for Bicycle parking facilities. Bicycle parking shall be required for all
uses requiring site plan review as per Sec. 276-3(A)(2) except as may be
deterimined by the Board or the Transportation Engineer. Covered bicycle
parking is strongly recommended.
Item # F2 c-2
Proposed Revisied SPR Ordinance
Revised by Planning Board on 5-22-12
6/6/2012 14 of 15
§ 276-8. Fees.
A. Application fees. The application fees shall be based on the total
construction, site work, and landscaping cost and shall be charged in
accordance with the following schedule.
Type of Approval Project Cost Application Fee
Less and $10,000 $75
$10,000 to $50,000 $150
$50,000 to
$100,000
$250 Full Site Plan Review
Over $100,000 $1.50 per $1,000
Less than $50,000 $150 *Modified Site Plan
Review $50,000 or more $250
Limited Site Plan Review Any Amount $50
*The Fee Scehdule for Modified Site Plan Review applies only to modifications to the approved site plan
that do not trigger reconsideration of the determination of environmental significance. Modifications
that require additional environmental review shall follow the fee schedule for Full Site Plan Review .
B. Payment of Fees. For site plan review projects that require a use or area
variance from the BZA, 50% of the fee is due at the time of application
and 50% is due after the Planning Board completes environmental review
. For all other projects, the full fee is due at the time of application.
§ 276-9. Performance guaranty.
No certificate of occupancy or certificate of completion shall be issued until all
improvements required by site plan approval are installed, and including any
conditions placed on such approval are fulfilled, or until a sufficient guaranty, in
the form of a performance bond, letter of credit or other security, is in place. The
Building Commissioner shall be responsible for the overall inspection of site
improvements.
§ 276-10. Expiration of approval; extension of approval. [Amended 12-12-
2001 by Ord. No. 2001-12]
If the construction of a development has not commenced within two years of the
date of the site plan approval, such approval shall expire, unless an extension
has been granted by the Board following a written request by the applicant. An
application for an extension of SPR approval shall not be considered a new SPR
application.
Fee
Schedule
Not Final
Item # F2 c-2
Proposed Revisied SPR Ordinance
Revised by Planning Board on 5-22-12
6/6/2012 15 of 15
§ 276-11. Enforcement; inspections; penalties for offenses.
Development projects may be periodically inspected for conformance to the
approved site plan, including the maintenance of the viability of the planting
required as part of the site plan approval. If there is nonconformance, or if any
conditions of SPR approval are not fulfilled, no certificate of occupancy or
certificate of completion shall be issued. Where a development reverts to
nonconformance after the issuance of a certificate of occupancy or certificate of
completion, current owners of the development shall be notified, in writing, and
given the opportunity to correct the situation. If the Director determines that the
corrective measures are inadequate, the city shall implement any necessary
changes to the site to bring it into conformance, the cost of which shall be
charged to the property owner. In addition, a fine of $50/day may be imposed for
any violations of the provisions of this chapter or of any conditions imposed by a
permit issued pursuant to site plan approval. Development projects shall be
inspected at least once two years after the issuance of a certificate of occupancy
or certificate of completion.
§ 276-12. Appeals.
A. The determination (by the Building Commissioner) of whether a development
proposal is subject to SPR may be appealed to the Board within 30 days of
the written notification that SPR is required.
B. Any person aggrieved by any decision of the Director may appeal to the
Board.
C. Any person aggrieved by any decision of the Board, or any officer or agency
of the city, regarding SPR, may apply to the Supreme Court for review by a
proceeding under Article 78 of the Civil Practice Law and Rules.
§ 276-13. Severability.
If any section, paragraph or provision of this chapter shall be determined to be
invalid, such invalidity shall apply only to the section, paragraph or provision
adjudged invalid, and the rest of this chapter shall remain valid and effective.
Item # F2 c-2
Item # F3a
178-10 Enforcement.
[Amended 12-7-2005 by Ord. No. 05-21]
A.
Civil penalties.
(1)
Any property owner and/or agent who violates any provision of this chapter or of § 325-29.3, except those
provisions specified in Subsection A (2) below, shall be liable for a civil penalty of $50 $25 for the first
violation at a property within a twelve-six-month period, $200 $50 for a second violation at the same
property within a twelve-six-month period, and $300 $200 for a third violation at the same property
within a six-month period, and $300 for a fourth or subsequent violation at the same property within a
twelve-six-month period.
(2)
Any property owner and/or agent who violates any provision of § 178-3E, G, I or J, or any of the
provisions in § 178-3F regarding grass, weeds, brush, plantings, or obstruction of views, shall be liable for
a civil penalty of $40 for the first violation at a property within a twelve-month period, $60 for a second
violation at the same property within a twelve-month period, and $100 for a third or subsequent violation
at the same property within a twelve month period.
(3)
Each violation of this chapter or of § 325-29.3, and each day during which a violation continues, shall be
deemed to be a separate violation.
(4)
The City Attorney or his or her designee may commence an action or special proceeding against the
violator in a court of competent jurisdiction to collect these penalties, together with costs, disbursements
and recoverable attorneys' fees, and/or to compel compliance with or restrain by injunction any such
violation.
(5)
When the City Attorney obtains a judgment in an action or proceeding under this section either against
the property owner or agent, or both, in addition to the appropriate methods for enforcement of judgments
established in the Civil Practice Law and Rules, such judgment for penalties may constitute a lien, be a
lien on the subject property and on the rents therefrom, or may be collected in the manner of any other
civil judgment.
(6)
In the event a defendant property owner does not answer a ticket within six months of the court
date specified on the summons, the court having jurisdiction shall enter default plea of guilty on
behalf of the defendant property owner and render a default civil judgment of the fine specified in
this section. Upon motion by the defendant property owner with good cause for the default
shown and a meritorious defense asserted, the court shall vacate the default plea of guilty.
Item # F3a
Mailing the summons to an address other than the one specified in the building department file
shall also be grounds to vacate the default plea of guilty.
§ 258-6
A.
Within 30 days after the termination of tenancy or the surrender of the premises, whichever
occurs later, the landlord shall return to the tenant the full security deposit deposited with the
landlord by the tenant or, if there is actual cause for retaining the security deposit or any portion
of it, the landlord shall provide to the tenant a written statement specifying the reasons for such
retention, including a good-faith estimate of the cost for each item of damage. The written
statement specifying the reasons for the retention of any portion of the security deposit shall be
accompanied by a full payment of the difference between the security deposit and the amount
retained. Nothing contained in this section shall preclude the landlord from retaining all or a
portion of the security deposit to cover the costs of storing and/or disposing of unclaimed
property, for nonpayment of rent and for nonpayment of utility charges which the tenant was
required to pay directly to the landlord.
B.
Nothing in this section shall be construed to imply other than it is the landlord's responsibility to
return the tenant's security deposit or balance as soon as reasonably possible. If a rental
agreement renders a tenant responsible to reimburse or apply from a security deposit
(collectively, a “reimbursement provision”) any amounts due upon tickets issued pursuant to
chapter 178 of this code for the property or residential unit being rented, it shall be the landlord’s
responsibility to give the tenant notice of that ticket in timely fashion as a condition to enforce
that reimbursement provision, and in order to help the tenant correct and prevent the condition
for which the ticket was issued. Notice shall not be deemed timely if provided to the tenant more
than three weeks from the date the ticket is sent from the court to the landlord. Failure to provide
such timely notice shall serve as the landlord’s waiver of the reimbursement provision as to any
ticket for which notice was not timely given and as to any immediately subsequent ticket based
upon the same type of violation that is issued prior to the tenant's receipt of the notice required by
this paragraph.
C. Nothing in the first paragraph of this section shall be construed to imply other than it is the
landlord's responsibility to return the tenant's security deposit or balance as soon as reasonably
possible.
Draft 6/6/2012
Page 1 of 7
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 325-20, entitled “Off-Street Parking,”
is hereby amended as follows:
D. General requirements.
(3) Maximum number of off street parking spaces permitted in R1 and R2
certain districts and number required for all other districts.
(a) Notwithstanding anything contained herein to the contrary, tThere
are no requirements as to the minimum number of off-street
parking spaces in any 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.
(b)(c) Maximum number of parking spaces in R-1, or R-2, or R-3
districts. For each building or use (including parking) on a
property within an R-1, or R-2, or R-3 zoning district, which
building or use is newly established, 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.
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.
Item # F4a
Draft 6/6/2012
Page 2 of 7
NOTES:
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.
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.
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
Item # F4a
Draft 6/6/2012
Page 3 of 7
NOTES:
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
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
(d) Parking in the Collegetown Parking Overlay Zone.
Item # F4a
Draft 6/6/2012
Page 4 of 7
[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.
(c) Maximum number of parking spaces in B-1, B-2, B-4, B-5, I-1, SW-
1, SW-2, SW-3, WF-1, and WF-2 districts. In the B-1, B-2, B-4, B-
5, I-1, SW-1, SW-2, SW-3, WF-1, and WF-2 districts, the maximum
number of off-street parking spaces permitted shall be one per
500 square feet of net assignable floor area, or one per two
employees on maximum shift, whichever is larger.
(d)(e) Enclosed parking spaces that meet the minimum parking space
size requirements shall not be counted toward meeting the
required number of as parking spaces for the requirements of this
section.
(e) Additional parking spaces allowed by special permit. WHAT
CRITERIA ARE APPROPRIATE?
(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
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
Item # F4a
Draft 6/6/2012
Page 5 of 7
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)(g).
(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 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
Item # F4a
Draft 6/6/2012
Page 6 of 7
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.
(4)(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 maximum 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 have a maximum dimension
of 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 have a maximum dimension of eight feet
six inches by 20 feet.
Item # F4a
Draft 6/6/2012
Page 7 of 7
[3] Angle parking. For angle parking, a standard parking space
shall have a minimum area of 255 square feetmaximum area of 265
square feet, the length of which shall be measured, at the same
angle of parking, from the center of the outermost edge of the
parking space to the center line of the driveway aisle giving
access to the parking space. The edge of the parking space
pavement may be up to two feet inside the outermost line of the
parking space where unobstructed vehicle overhang is available.
(c) Possible variation from above standards under site plan review.
The Planning and Development Board may, at its discretion, allow
parking space sizes that vary from the above standards in those
instances where Chapter 276, Site Plan Review, applies.
(d) Parking for people with disabilities. For parking for people with
disabilities, the combined width of parking and access aisle
shall be in compliance with the New York State Uniform Fire
Prevention and Building Code. Signage as required by the New York
State Uniform Fire Prevention and Building Code shall be provided
for all accessible parking spaces and associated access aisles.
Accessible parking spaces (each with their required access aisle
area) shall be counted as parking spaces for purposes of this
section, however, the Planning and Development Board OR STAFF
may, at its discretion, in those instances where Chapter 276,
Site Plan Review, applies, require changes to avoid accessible
spaces and access aisles being improperly used as standard
parking spaces.
Section 2. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of notices as
provided in the Ithaca City Charter.
Item # F4a