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HomeMy WebLinkAbout03-19-2003 Planning & Economic Dev. Committee Meeting Agenda MEETING NOTICE City of Ithaca Planning & Economic Development Committee Wednesday,March 19,2003 Common Council Chambers City Hall-- 108 East Green Street 7:30 p.m. Agenda A. Agenda Review B. Public Comment and Response C. Reports - Committee Members, Chair, Mayor, Planning Director D. Issues 1. Authorization to Submit FY2003 Community Development Block Grant(CDBG) Application -Resolution (materials enclosed) 15 minutes 2. Sign Ordinance-Public Hearing-Resolution(materials enclosed) 30 minutes 3. Planning Staff High Priorities - Resolution(materials enclosed) 20 minutes 4. Possible Motion to Enter into Executive Session - To discuss possible property acquisition F. Adjournment Questions about the agenda should be directed to Paulette Manos,Chairperson(273-4170)or to 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. Please note that the order of agenda items 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, March 18, 2003. Proposed Resolution " Planning &Economic Development Committee March 19, 2003 FY 2003 Small Cities Community Development Block Grant Application WHEREAS, on January 6, 2003 the Governor's Office for Small Cities announced the availability of funding for the Housing, Public Facilities, MicroEnterprise Single Purpose and Comprehensive FY 2003 Annual Round of the New York State administered Small Cities Community Development Block Grant (CDBG) Program, and WHEREAS, the application authorizes the City of Ithaca to apply for a grant of up to$650,000 through the "comprehensive"category or$400,000 through the"single purpose"category, and WHEREAS, a"comprehensive" application is intended to address a substantial portion of the community development needs of a defined area through two or more coordinated activities in the areas of housing, public facilities, economic development and public services, and WHEREAS, each activity within the CDBG grant application must meet one of the national objectives for (1) benefit to low-and moderate-income persons, (2)elimination of slums or blighting conditions, or(3) meeting community needs having a particular urgency, and WHEREAS, the City recognizes the need to support efforts to promote neighborhood revitalization through provision of quality, affordable housing, creation of employment opportunities, improvement of public facilities and increased public services that principally benefit Ithaca's low-and moderate-income population and the elimination of blighting conditions, and WHEREAS, the CDBG grant application is due on April 11, 2003, and WHEREAS, the Ithaca Urban Renewal Agency(IURA)solicited funding proposals on November 20, 2002 from citizens, for-profit and not-for-profit organizations and received ten proposals, and WHEREAS, in compliance with the Citizen Participation Plan, the IURA convened two Community Input meetings on December 2, 2002 and December 10, 2002, and held a public hearing on February 6, 2003 to gain public input on the formulation of the application, and WHEREAS, the IURA evaluated the proposals submitted and considered alternative activities in the context of community development needs and the grant rating criteria at meetings held on February 6th, February 13th, and February 27th, and WHEREAS, at their February 27, 2003 meeting, the IURA recommended that the Common Council approve the following Small Cities CDBG application, now, therefore, be it RESOLVED, that the Common Council hereby authorizes the IURA to submit the a FY 2003 Small Cities CDBG application containing the following activities: • CDBG Budget Northside Triangle Neighborhood Comprehensive $340,000 Drop-In Children's Center Expansion(28 childcare slots) $205,000 INHS In-Fill New Housing Construction (6 new housing units) $25,000 Conley Park Improvements $80,000 Administration $650,000 TOTAL and be it,further RESOLVED,that should the IURA determine that any of the above activities encounter feasibility issues that would hinder their timely completion or adversely affect their impact scoring,the Common Council authorizes the IURA to make adjustments in the application to resolve feasibility and rating concerns, and be it further, RESOLVED, that the Common Council authorizes the IURA to administer and implement all CDBG activities in accordance with applicable regulations, including, but not limited to, Title 24, Section 570 of the Code of Federal Regulations, and be it further, RESOLVED, that the Mayor, upon the advise of the City Attorney and the Executive Director of the IURA, is hereby authorized to execute any and all documents for the submission of this application, acceptance of funding and implementation of the program, and be further, RESOLVED,that the Urban Renewal Plan shall be amended to include the community development needs and proposed activities contained in the FY 2003 Small Cities CDBG application. q:lplanninglcommunity developmenflcdbg 20031cdbg cc resolution 3.19.03.doc ■ _ . i 1 I •2 1 11 1 I I o • DPW-ZONE P-1 A •S: MITIICTS 132--9" ''"4•••'.. i i Il FORAM riM11e1O,W000 IIW',!': !!:,, l !,,111111111 I,- (OA/TO RI'UAW , 64'-0" 1.': : :I M.I_ .. 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''. ,. .44, ----I-- - I , 11 ,,,,---,,7“- —Arloi Ew •• • I "'"r"'''''"r ".f?..' -'*: PROPOSED Mr!'" r i " EXISITIN9 I I , I I ' - -- --- , EXPANSION : 1 . 1 ......... . . STRUCT RE I NEW ' '••••-••;-. -••••••'...../ DROP-IN • • '‹ . _ _ i ..■■■■■■■ :9-.... ■....=. - '-'"' "- Nii., l '0 4:'AY:';'•4' %1'!,t,,, I -. _ ; I TODDL;roil ) „..- ' M.77 ,•,.,:. * 0 0 Li_ . . ').,,,,,:-1;,:;y1 ri:,-z,41 3., l . ..i I TODO TR,551 50 FT FRESCII0Ol OR RIO SO FT NEW 1111121411 ‘5-1 1::::S °Cr H , 10•5:50 FT TA 'i 1-'11, : - IR•SS 50 II(A FRO>4 II ostoR) rid , Fl r, rl Fl F, rl F ." 4'Z' DROP-IN , Lu 0 ,,,t_ , ‘..... z 2 co . Fr. Fnn r: 1 .-.:1 r r-1 r-i '-,' r,.." rl rl r•• I TODDLER c ‘: ITOr.O.TR,F51 SO IT VIEW ... 1 (1) - 6 0 (....) CI OFFICE 1 i 1 I o C . i . , , ' ■ . . 11.) >160 SF 1 • 1 1 0 , .. NEW 13112 Snil.WOC SIND 00009 nor(Nrw I ..E1 cs? DROP IN CHILDREN'S CENTER-ZONE P-1 (...) 10CATON ASPINI T DIC LOT PRESCHOOL I 1.10 NEW I Cr, z - PROGRAM PLAYGROUND s". i —::-. 1-INFANT CLASSROOM 506 SF ZONING a- 11 .• P.1 MAXIMUM PERCENT OF LOT COVERAGE BY BLDG IS 35% 0,0 l6 ' (EXCHANGE WIT))EXISTING TODDLER ROOM) 1-0 c EXISTING LOT IS 14.1146 SF EXISTING FOOT PRINT 4,357 SF po ...-2 , • 1.0ROP-IN 10001 FR C1 CLASSROOM 551SF NEW ADDITION Eis 3.600 SF WILL REQUIRE AN AREA VARIANCE 1-PRESCI1001./10001.E9 551 SF . AND AN OCCUPANCY VARIANCE FOR A DAY CARE FACILITY 1.DIRECTOR'S OFFICE 160 SF ILICJINIERC167.1.11NAL 131.1.11.DING CODE 2000) mules w000 -- ' 1-1 ARGE MOTORE ROOM 640SF 133 S OCCUPANCY:GROUP 1.2(INSTITUTIONAL)CHILD CARE FACILITY(308 3.1) 1100010104*41 ---7--- E. • 1-1.18RARY/STAF/KI I 200 SF CONSTRUCTION CLASSIFICATION:TYPE V(SECTION 602 2 L TABLE 601 .AVitti:04V:i 'l ''''•:''':.:•..: 1.JANITOR 60 SF ALLOWABLE HEIGHTS AND AREAS:GROUP I-2 9.500SF(SECTION 503. .`,..•,,,, :Vi'..: ge:,5:• •(,:".•.••'::',.:','', •.• - l•STORAGE MILL.WORK SECTION 403 3) ''%.f.0y-,t,444ii ;,4„:.:::,:-:::,:,:,.'_, 2.604 NET AREA-1 X27194-VB5-1.3.600 MAIN EXIT CORRIDOR WIDTHS-60" .1r.• ,'t•W,'.4.5l.t.:',,k.l•'•:- .9E-:',.:'.,,.:.:!•,,:•.:••:•:•':( 6 .• SECONDARY CORRIDOR WIDTHS-44* • FUTURE : AREA OF CONSTRUCTION 3,600 SE tiftlEF,REMAINING-''---,:' CHECKED BY •- FULLY SPRING FRED PLAYGROUND EXISTING CORNER LOT IS S.5130 SF IN AREA ,,Al .'••'•,•,,l•e...:. .,..•:, •1.1 Ti _ ' i4Otit'..•:',;;:t1,'IEV: _ ENVY ______ ASS(MEN T OF I NGI AND LOT IS 155.61)0 1111. _ 1015111)0 wool) eg D35TING WOOD FRAmt:GARAGE !,:4r2mekl01JsE, s_ •V I\V '''' 5.10.I_ , . DIC LOT , ,,,r4txi.,50.2.015T SiRiET l \ NI ' r ',/,, . Y.Al IT 4.47, :- r,f'1:-':t.F ''i0:;?;'''..C::.. / . I ' 1/.. /,, AS NOTED 2/4/03 .- , . 4.35,SO FT. ..., 2.: i 02 639 .. .. ... RESIDENCE-ZONE R-2b 18 1B Ft_ •II[ .11(epresents new Len..1111C11011 133 S 25' 'QRRER 10-1 / o- - 9.536F / 1./ -------.--. _...‹.___.--- to •Roprestells lot boundary lineS •'-..\. V'''Jk i±r---- -''-:- . - Proposed ______... I iRepreS0,11.5 removal of concrete paving and placing _ 7. ..-,... ..:,.____-5----,-- / :,., PLAN , 'new DOT ashalted area fur rubbish removals . - /, ''\7----<'---4-7— FrepreSentS existing structure MATURE SYCAMORE , Represents proposed additional deeded land i ,,, k \ I \', _,...--/ • .. .- c 01 rl i Recommended CDBG Scenario 27-Feb-03 Drop-In Children's Center Expansion of Child Care Center Uses & Sources Table (in $1,000s) USES SOURCES IURA Equity Bank CDBG (CD-RLF) Totals Activity Land Acquisition $35 Demolition $0 Construction $450 A/E fees $48 Playground $15 FF & E $10 $558 Totals $35 $163 $340 $20 $558 - 28 new infant & toddler slots, including 10 infant slots - 75% of clientele is very low- and low-income - 6.75 FTE jobs - site control secured - Demonstrated fund raising ability Notes: 1. Construction cost estimate includes Davis-Bacon prevailing wages and contingency. 2. Future enhancements to playground ($29K)and FF&E ($35K) uses to be raised by capital campaign. Ithaca Neighborhood Housing Services 2003 Small Cities CDBG Development Budget 220 First 707 Hancock 105.Fourth Totals Street Street Street Number of Units 2 2 2 6 Bedrooms 3,1 3,1 2,2 11 Sources of Funds Small Cities CDBG 70,000 70,000 65,000 205,000 Ithaca NHS Revolving Loan Fund 105,000 105,000 29,000 239,000 Ithaca NHS Rental Development Fund 70,000 70,000 Neighborhood Reinvestment Corp. 16,000 16,000 175,000 175,000 180,000 530,000 'Uses of Funds. Site Acquisition 12,200 0 10,600 22,800 Professional Fees _ Survey 450 450 450 1,350 Appraisal 350 350 350 1,050 Legal 600 600 350 1,550 Title and recording 350 350 0 700 Architecture and engineering 4,500 4,500 8,000 17,000 Program delivery 9,500 9,500 9,500 28,500 Interim Development Costs Builder's Risk Insurance 425 425 425 1,275 Property tax 1,250 1;250 1,750 4,250 Water and Sewer 140 140 140 420 Gas and electric 650 650 650 1,950 Property maintenance 180 180 180 540 Debt service 900 900 900 2,700 General Construction Permits and fees 510 510 525 1,545 Demolition 10.500 10,500 Site work/utilities 1,500 1.500 1,500 4,500 General construction 133,295 134.995 134,180 402,470 Contingency 6,200 6.200 6,500 18,900 Appliance/fixtures 2,000 2,000 4,000 8,000 Totals 175,000 175,000 180,000 530,000 Cost Per Unit: $88,333 4/2/03 f CD7 Draft Resolution: Adoption of the Revised City of Ithaca Sign Ordinance WHEREAS, the intent of the City of Ithaca Sign Ordinance is to establish the guidelines for size, content, and setback requirements for which signs may be placed on private property within the City limits, WHEREAS, the guidelines of the ordinance are intended to address the needs of the growing community,while maintaining the desirable look and feel of the area, and WHEREAS, the City of Ithaca Common Council recognizes that the ordinance has not been revised in some time and many of the newer zones are not included in the language, and WHEREAS, staff from both the Planning and Building Departments reviewed the existing City Sign Ordinance over the course of several months and drafted the proposed ordinance, which includes all of the new City zones, as well as addressing concerns that were raised from the county Planning Department and the Planning and Economic Development Committee, and WHEREAS, staff also proposed minor text changes to the City Site Plan Review Ordinance, and WHEREAS, the draft ordinances were 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 required public hearing has been held for the adoption of the Plan on March 19, 2003, and WHEREAS, the City of Ithaca Common Council, as lead agency in this matter, has on March 19, 2003, determined that the proposed action will not have a significant effect on the environment, and that further environmental review is unnecessary, and, now be it RESOLVED, That the City of Ithaca Common Council hereby adopts the revised City of Ithaca Sign Ordinance dated March 10, 2003 and accepts the minor text changes to the City Site Plan Review Ordinance. Q:IPLANNINGISTAFF\KatelWorks in Progress\Documents\Resolution Sign Ordinance Adoption Revised.doc • DRAFT Chapter 272Chapter 325, Article IX SIGNS revised 2/26/03, 03/10/03 § 272 1325-45. Purpose and intent. The purpose of this chapter is to promote and protect the-public health, welfare and safety by regulating existing and proposed outdoor advertising, outdoor advertising signs and outdoor signs of all types. It is intended to improve communications within the community, to protect property values, to create a more attractive economic and business climate, to enhance and protect the physical appearance of the community, to preserve the scenic and natural beauty of designated areas and to provide a more enjoyable and pleasing community. It is further intended hereby to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, to reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, to provide more open space and to curb the deterioration of natural beauty and community environment. § 272 2325-46. Title. This chapter shall hereafter be known and cited as the "Sign Ordinance of the City of Ithaca." § 272 3325-47. Definitions. As used in this chapter, unless otherwise expressly stated, the following terms shall have the meanings indicated: AWNING–An overhead structure attached to a building wall and that consists of fabric or other material covering a frame extending at least twelve inches (12") from the face of a building. BANNER SIGN A temporary sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind A. ADVERTISEMENT BANNER—Any banner intended to act as signage to advertise a specific business or the sale of a specific product. B. DECORATIVE BANNER—Cloth banners designed for long-term use that are not intended to act as signage to advertise a specific business or the sale of a specific product. Decorative banners may, however contain sponsor tags, if they are part of a formally approved program by the Public Art Commission. BILLBOARD -- Any freestanding sign that advertises business conducted, services provided or products sold on properties other than the property on which the sign is erected. Sign Ordinance 325-new tracked 3-10-03 Page 1 03/13/033113/20033/1112003 BUILDING SIGN [Added 8-3-1977 by Ord. No. 77-8] -- Any sign erected on any part of a building or structure or on a sign structure attached to a building. For the purposes of this chapter, a freestanding sign or sign structure, any part of which is less than five (5) feet away from a building or structure on the same premises, shall be considered a building sign. Building signs are further defined as follows: A. AWNING SIGN–A sign that is painted, printed, or stenciled onto the surface of an awning. B. CANOPY SIGN–A sign that is painted, printed, or stenciled onto the surface of a canopy C. FASCIA SIGN--A sign erected or painted on the horizontal fascia or eave trim of a roof, including signs in the filled-in portion of any roof gable. Such signs shall not extend beyond any edge of the surface on which they are mounted. D. PERMITTED ROOF SIGN -- A sign erected on the roof of a building or structure in such a manner that, when viewed from any public right-of-way giving access to the premises, no part of the sign or its supporting structure projects above the roof ridge, beyond its hips or edges nor below the eave line nor more than 18 eighteen inches (18")beyond the plane of the wall below. Roof signs are permitted provided they do not extend four(4) feet beyond the height of the lowest portion of the roof. E. WALL SIGN -- A sign fastened, painted or otherwise erected on the wall of a building so that the wall becomes the sign's supporting structure and wholly or partially forms its background. F. WINDOW SIGN -- A permanent sign affixed to a window surface or in front of or behind a window in such a manner that the window acts as its frame or background. CANOPY—A canopy is a roof-like structure that shelters a drive lane use such as, but not restricted to, a gasoline pump island. A canopy is open on two or more sides and may_be supported by either columns or by being attached to the building to which it is accessory. DIRECTIONAL SIGN -- A small ground-mounted sign, the purpose of which is to direct traffic safely into and out of the premises. Any directional signs that are affixed to an exterior wall of the building will be considered building signs and will be calculated as part of the total allowable building signage. See Section 272 6(A)4 325-50. [Added 8-3-1977 by Ord. No. 77-8] FREESTANDING SIGN [Amended 8-3-1977 by Ord. No. 77-8] -- Any sign or sign structure not attached to the exterior of a building or other structure and no part of which extends closer than five (5) feet to such building or other structure on the same premises. Freestanding signs or sign structures, any part of which is closer than five (5) feet to a building or other structure on the Q:\PLANNING\STAFF\Kate\Sign Ordinance 325-new tracked 3-10-03.doc Page 2 of 184 same premises, shall be classified as building signs. Freestanding signs are further defined as follows: A. POLE SIGN -- A sign or signs mounted on a freestanding sign structure consisting of one or more poles, columns or piers, none of which supporting members shall exceed 18eighteen inches (18") in any horizontal dimension between two (2) feet and eight(8) feet above grade level. B. MONUMENT SIGN -- A sign or signs mounted, painted on or fastened to a freestanding wall, pier or other sign structure, of which any horizontal dimension of a structural member exceeds 1-8-eighteen inches (18") between two (2) feet and eight (8) feet above grade level. FRONT OR FACE OF A BUILDING -- The outer surface of a building, including the outer and inner surface of windows thereon, visible from any private or public street or highway. HISTORIC SIGN -- An existing exterior sign erected prior to 1950 which may or may not refer to an occupant, business, service or product currently or previously existing or offered on the premises on which the sign is located or within the city. Historic signs shall not be limited to sites designated as local landmarks. Historic signs are distinguished by one or more of the following characteristics: design; decorative character; age; historic relationship to persons, places, activities or products of the city; or their representation of early advertising techniques or sign technology, including the use of materials, techniques and devices no longer in common use for signage, such as but not limited to Carrara glass, painting directly on building surfaces and exposed neon tubing. The term shall include reproductions of original signs as provided further in § 272 16 325-60 below. [Added 7-11-1979 by Ord. No. 79-7] ILLUMINATED SIGN -- Any sign illuminated by electricity, gas or other artificial light, including but not limited to reflective or phosphorescent light originating from outside the body of the sign or from within or behind it. INFORMATIONAL SIGN -- A ground-mounted sign whose purpose is to inform the public of safety hazards, of property use regulations or of the location of specific activities on the premises. Any informational signs that are affixed to an exterior wall of the building will be considered building signs and will be calculated as part of the total allowable building signage. [Added 8-3- 1977 by Ord. No. 77-8] LIGHTING DEVICE -- Any light, string of lights or group of lights located or arranged so as to cast illumination on a sign face from the exterior or to illuminate a sign from its reverse side. MURAL -- A picture, design or decorative treatment painted on or otherwise affixed to and covering a large portion of a wall surface, and shall includinge sculpture and sculptural treatments of solid elements for the purpose of this definition. Murals may be erected on any wall of a structure. Signage and advertising may be erected in conjunction with murals. Murals erected in conjunction with signage shall not be considered signs for the purpose of this chapter Q:\PLANNING\STAFF\Kate\Sign Ordinance 325-new tracked 3-10-03.doc Page 3 of 184 if such murals are clearly separate from the signage and the content and design of the mural does not overtly represent specific goods, services or activities offered for sale. Generalized depictions of types of goods; commonly used symbols other than trademarks, brand names and logos; and scenes which do not specifically illustrate commercial activity may be allowed in murals. Graphic, pictorial or representational material which is clearly subordinate to signage, which is contained within a sign or which forms a design element integral to a sign shall be considered to be signage rather than a mural and shall be counted as part of the signage for the premises on which it is located. [Added 9-1-1982 by Ord. No. 82-7] PORTABLE SIGN or MOBILE SIGN -- [Amended 8-3-1977 by Ord. No. 77-8] Any sign or sign structure, other than a window sign, that is not permanently affixed to a building, structure or the ground, but not including advertising on motor vehicles. PROJECTING SIGN-- Any sign that projects from the exterior of any building. SHOPPING PLAZA —Any group of two or more stores which share a common vehicular entrance or entranceways and common off-street parking. SIGN [Amended 9-1-1982 by Ord. No. 82-7] -- Any material, symbol, emblem, structure or device, or part thereof, composed of lettered or pictorial matter or upon which lettered or pictorial matter is placed when used or located out of doors or outside or on the exterior of any building, including exterior and interior window surfaces, for display of an advertisement, announcement, notice, directional matter or name, and includes sign frames, billboards, signboards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projecting signs or grounds signs, and shall also include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or business when the same is placed in view of the general public. A. The term "sign" includes signs related and unrelated to a business or profession or to a commodity or service sold or offered upon the premises where such sign is located. This section shall not be construed to include interior window signs which are not permanently affixed to the interior of a window or interior of a structure and which are not self-illuminated. The term shall not include murals, as defined elsewhere in this section, except as further provided below. B. For the purposes of this chapter, the term "sign" does not include signs erected and maintained pursuant to and in discharge of any governmental function or required by any law, ordinance or governmental regulation, nor does it include flags, emblems or symbols of a nation, governmental body or school, nor memorial tablets or historical markers, nor does it include posters or signs of a temporary nature erected or placed for a period of not more than 30 days as provided in § 272 7, nor does it include murals, as defined above. Q:IPLANNING\STAFF\Kate\Sign Ordinance 325-new tracked 3-10-03.doc Page 4 of 1848 SIGN AREA -- The surface area of a sign that is within view of a public right-of-way, visible from any one point of view. For measurement purposes, the sign surface area shall be calculated as follows: A. For rectangular wall signs: that area of the smallest rectangle that can be placed over the entire sign, including its lettering, pictorial matter or devices, frame and decorative moldings along its edges and background, if of a different color than the predominant color surrounding the sign. [Amended 8-3-1977 by Ord. No. 77-8] B. For irregular wall signs: that area defined by the edges of the sign, including all lettering, pictorial matter or devices, frame and decorative moldings and background, if of a different color than the predominant color surrounding the sign. [Amended 8- 3-1977 by Ord. No. 77-8] C. For letters,pictorial matter or devices not attached to frames or freestanding: that area defined by the smallest rectangle or rectangles that can be placed over any series of letters pictorial matter or devices which can be considered as a unit. In the event that both uppercase and lowercase letters are used, the area shall be defined by the smallest rectangles that can be placed over the series of lowercase letters plus the area of the smallest rectangles that can be placed over the individual uppercase letters. In the event that a letter or letters or other pictorial matter is placed as a separate unit on background boards, the sign area shall be calculated as the sum of the areas of the background boards. In the case of a flat or two-sided freestanding sign, the sign area is considered to be the entire surface area of one face of the sign. [Amended 8-3-1977 by Ord. No. 77-8] D. For freestanding double-faced signs: the area of one entire side of the sign calculated as above. E. For multiple-sided signs: the maximum area visible from any one point of view. F. For signs on other than flat surfaces: the maximum actual surface area visible from any one point of view. SIGN STRUCTURE -- Any structural framework or base intended to support a sign or signs, but not including the sign, sign frame or background. Sign structures whose separate nature and purpose as support for signage is apparent shall not be counted as part of the sign area permitted by this chapter, but any sign structure or portion thereof which, by shape, material, color or other means, serves as a sign box, frame or background or which serves to identify the premises, its proprietors or owners or the products, services or activities provided on the premises shall be considered a sign as defined above. [Added 8-3-1977 by Ord. No. 77-8] TEMPORARY SIGN — Any sign constructed of cloth, paper, canvas, plastic or light fabric, wallboard or other light, impermanent material with or without frames intended to be displayed for a limited period of time only. . [Added 8-3-1977 by Ord. No. 77-8] Q:IPLANNINGISTAFF\Kate\Sign Ordinance 325-new tracked 3-10-03.doc Page 5 of 184 TO ERECT -- To build, construct, alter, display, relocate, attach, hang, place, suspend, affix or maintain any sign, and shall also include the painting of exterior wall signs. § 272 4325-48. General regulations. [Amended 8-3-1977 by Ord. No. 77-8] The prohibitions contained in this section shall apply to all signs and all use districts, regardless of designation, of the City of Ithaca, unless otherwise provided herein: A. Projecting signs. No sign shall be erected or maintained in which any portion of the sign or its supporting structure projects a horizontal distance of more than 18 eighteen inches (18") from the surface to which the sign or sign structure is attached, except as provided in § 272 15 325-60 below. [Amended 7-11-1979 by Ord. No. 79-7] B. Overhead signs. No sign shall be supported or attached, wholly or in part, over or above any wall, building or structure, except as otherwise provided in § 272 5B(4) 325-50Bfor canopy, marquee or awning signs, which may not project beyond any edge of the building or structure to which the awning, canopy or marquee is attached, and except as otherwise provided for ground signs and sign structures and for permitted roof signs. C. Portable, mobile and temporary signs. No portable or mobile sign shall hereafter be permitted on any premises in the City of Ithaca. Temporary signs shall be permitted as provided in § 272 7. D.Banners, pennants, etc. No sign or part thereof shall contain er consist of banners, posters, devices. Said devices, as well as strings of lights, shall not be used for the purposes of advertising or attracting attention, except as hereinafter provided in § 272 8. Such devices shall be totally prohibited in, SW 1, SW 2, SW 3, WEDZ la, B 5 Zones as provided in § 272 15. F-D. Setback Location Limitation: At ground level, no part of any sign shall be located any closer than ten (10) feet from the back of the curb, nor shall any part of any sign overhang the property line into the public right-of-way or into the adjacent property. or color it may interfere with, obstruct the view of or be confused with any authorized traffic sign or signal device; or which makes use of the words "stop", "go", "caution", "look", "danger", or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic. Q:IPLANNING\STAFF\Kate\Sign Ordinance 325-new tracked 3-10-03.doc Page 6 of 184 ICE. Pedestrian Hazard: All signs or other advertising structures, which are erected at any point where pedestrians might be endangered, shall have a smooth surface and no nails, tacks or wires shall be permitted to protrude there from. F. Lighting Restrictions: Illuminated signs shall be erected in such a manner as not to interfere with traffic or pose other health or safety hazards. JG. Wind Pressure and Dead Load Requirements: All signs shall be designed and constructed to withstand wind pressure to receive loads as required by the Building Code. KH. Site Plan: Whenever a site plan is required to be filed, the site plan shall show the proposed location of any signs to be erected on the property and shall define the size and height of the signs with dimensions and elevation views as well as the street and driveway visibility-. Li. Wall Sign Setback Bonus: Wall signs that are setback from the public street right-of-way over one hundred and fifty feet (150') can increase the maximum primary wall signage size by twenty-five percent (25%), and increase it an additional twenty-five percent (25%) for every additional one hundred feet (100') of setback; up to a maximum of two hundred percent (200%) of the allowed sign area (i.e. twenty percent (20%) of the primary wall area) at four hundred and fifty feet (450'). 1. Over 150' setback, 125% of allowed sign area, or a maximum of 12.5% of primary wall area, 2. Over 250' setback, 150% of allowed sign area, or a maximum of 15% of primary wall area, 3. Over 350' setback, 175% of allowed sign area, or a maximum of 17.5% of primary wall area, 4. Over 450' setback, 200% of allowed sign area, or a maximum of 20% of primary wall area* *Under no circumstances shall the primary wall signage exceed four hundred (4002 square feet regardless of wall size or increased setbacks, nor shall any one wall sign exceed a total of two hundred and fifty (2502 square feet. § 272 5325-49. Prohibited signs. A. The following signs shall be prohibited in all zones of the city: 1. Any sign which violates any provision of law or code of the State of New York or of the United States; 2. Any sign which obstructs a door, fire escape or building opening intended for light, air or access to a building; Q:\PLANNING\STAFF\Kate\Sign Ordinance 325-new tracked 3-10-03.doc Page 7 of 1844 3. Any sign of which all or any part is in motion by any means, including fluttering, rotating or other moving signs set in motion by movement of the atmosphere; 4. Any sign displaying flashing or intermittent lights or lights changing degrees of intensity, except a sign indicating time or temperature, with changes alternating on not more than five-second cycles when such time or temperature sign does not constitute a public safety or traffic hazard in the judgment of the City building commissioner; provided, however, that no such sign shall be permitted in any historic district; 5. Any sign that obscures a sign displayed by public authority for the purpose of giving traffic instructions or direction or other public information; 6. Any sign that uses the words "stop," "danger," "slow," "4' caution," "warning," "yield," "go," or otherwise presents or implies the need or requirement of stopping or caution or the existence of danger, or which is likely to be confused with any sign displayed by public authority or any sign that imitates or resembles an official traffic sign or signal, except for private, on-premise directional signs. 7. Any sign or illumination that causes any direct glare into or upon any building other than the building to which the sign may be related, or any sign whose level of intensity exceeds the average ambient levels in the immediate area; 8. All displays which are not shielded to prevent any light to be directed at oncoming traffic in such brilliance as to impair the vision of any driver. No device shall be illuminated in such manner as to interfere with or obscure an official traffic sign or signal. 9. Any billboards or portable or mobile signs. §272-6325-50. Signs permitted in all districts. A. [Amended 8-3-1977 by Ord. No. 77-8] Permit not required. The following signs are permitted in any use district without a permit, as noted: 1. Signs temporarily advertising the sale, lease or rental of the premises upon which the sign is located, which signs shall not exceed fifteen (156) square feet in area, except in residential districts, where said signs shall not exceed five (5) square feet. In all zones, all such signs must be removed upon sale or lease of the premises. 2. Any temporary political posters, which signs shall not exceed sixteen (16) square feet in area, except in residential districts, where said signs shall not exceed five (5) square feet . 3. Nameplates,not self-illuminated, denoting the names and/or address of the occupants of the premises,not exceeding one hundred forty-four(144) square inches per occupant. 4. Signs denoting the architects, engineers and/or contractors placed on premises where construction, repair or renovation is in progress, not exceeding one (1) sign per premises and not exceeding 8.0 five (5) square feet in area fifteen 4-5) in residential zones and Q:\PLANNING\STAFF\Kate\Sign Ordinance 325-new tracked 3-10-03.doc Page 8 of 1848 fifteen (15) square feet in area in all other zones; square feet in area; provided, however, that such signs shall be removed immediately upon completion of the project. 5. Directional entrance/exit signs on premises, each not exceeding six (6) square feet in area, nor three (3) feet in height from grade, and no part of such signs or supporting structures may extend closer than eighteen 18 inches(18") to any public-right-of-way. One (1) each "in" and "out" signs are permitted per curb cut serving premises in B-5, SW-1, SW-2, and SW-3 Districts, and the "in" sign may bear one word or symbol identifying the business (such as "Smith's" or "Gulf') occupying the premises in lieu of"in," "enter," etc., which identifier may not cover more than twenty five percent (25%) of the total area of the directional sign. 6. Signs or bulletin boards customarily incident to places of worship, libraries, museums, social clubs or societies, which signs or bulletin board shall not exceed twenty five (25) square feet in area and shall be located on the premises of such institutions. 7. Murals. [Added 9-1-1982 by Ord. No. 82-7] (a) Where any part of a mural will be visible from a public way, a description and a drawing of the proposed mural shall be submitted to the Building Commissioner for a determination as to whether such mural, or any part thereof, would constitute signage within the meaning of the definitions of"mural" and "sign" in § 272 3 325-47 above. The description submitted shall fully explain the proposal in terms of size, location on the property, graphic/pictorial content and relationship to any signage existing or proposed for the property to aid the Building Commissioner in making his/her determination. (b) Upon receipt of a proposal for a mural for any property subject to the provisions of Chapter 325, Zoning, § 325-42, Design review, or Article VIII, Courthouse Special Use Zone, or Chapter 228, Landmarks Preservation, of this Code or facing such property, the Building Commissioner shall notify the Design Review Board, the Public Art Commission and/or the Landmarks Commission, as applicable, for their information and any appropriate action and shall so inform the applicant. (c) Upon determination by the Building Commissioner that a proposed mural does not constitute signage, murals not subject to further review as indicated above may be erected without permit or fee. Murals or any part thereof which are determined to be signage shall be subject to the provisions of this chapter for signs. B. Permit required. The following signs are permitted in any use district but require a permit as provided herein: 1. Any sign in a residential district advertising the name of a building or a commercial enterprise, including real estate developments or subdivisions, permitted in a district zoned residential by any zoning regulation shall not exceed five (5) square feet in area and shall advertise only the name of the building, owner, trade names, products sold and/or the business or activity conducted on the premises where such sign is located, provided that no more than one sign shall be allowed for each such residential, business Q:IPLANNING\STAFF\Kate\Sign Ordinance 325-new tracked 3-10-03.doc Page 9 of 1848 • or commercial activity conducted on the premises, and it shall in all respects conform to the provisions of this chapter respecting signs permitted for establishments in business districts. 2. For aAny commercial building in any zone except the SW-1, SW-2, SW-3, WEDZ-la, B- 5, or the I-1 zone may have a total sign area not to exceed one and one half(1.5) square feet of signage to every one (1) linear foot of building frontage. Within the total allowable signage each place of business may have no more than one (1) freestanding sign or structure erected for the purpose of advertising a business, products and/or services, with a maximum height of twenty-two (22) feet above-from ground level to the top of said sign, including framework. No individual sign may exceed a maximum square footage of fifty (50) square feet. Additional signage may be granted by special permit for businesses greater than 10,000 square feet that are located in any CBD zone, :/ basis of the building size and height, business size and total percent of signage existing on process. In lieu of one (1) freestanding sign a business is allowed two (2) wall signs. Such wall signs shall not exceed a total of fifty(50) Square feet. 3. Signs on the front or sides or affixed to the top edge or bottom surface of a marquee, canopy, awning or sunscreen shall be counted as part of the total area and number of signs permitted the premises under this chapter and shall be subject to computation of area and payment of fees as covered in this chapter. Such signs shall not project more than eighteen inches (18") from the surface to which they are attached nor extend beyond any edge of such surface, except that signs affixed to the top edge of a marquee or similar structure shall not project beyond the front of the side face above which it is mounted; and except further that such marquee signs may be more than eighteen inches (18") tall, provided that they do not project visually above the top of the building facade or roof ridge when viewed from the public right-of-way. Signs affixed to the underside of a marquee or similar structure shall maintain a clearance of at least seven (7) feet above grade or sidewalk level and shall not project more than four (4) feet from the building. [Added 8-3-1977 by Ord. No. 77-8] 4. Encroachments. Signs may be mounted on structures or portions of structures which form encroachments, provided that if such signs form an additional encroachment, they shall be subject to the provisions of Chapter 170, Encroachments, of this Code in addition to the payment of required sign permit fees. [Added 8-3-1977 by Ord. No. 77-8] 5. Historic signs, as provided further under § 272 15 328-60 below. [Added 7-11-1979 by Ord. No. 79-7] § 272 7325-51. Signs permitted in the SW-1, SW-2, SW-3,WEDZ-la,B-5zones. A. In districts zoned SW-1, SW-2, SW-3, WEDZ-la, B-5, or I-1 by the Zoning Ordinance of the City of Ithaca, New York,EN-no signs shall be erected or maintained, except as follows: Q:\PLANNING\STAFF\Kate\Sign Ordinance 325-new tracked 3-10-03.doc Page 10 of 181-ig 1. Permitted signs. (a) Freestanding businesses may have one freestanding sign not to exceed one half(.5) a square foot to every one (1) linear foot of the building frontage occupied by the business and not to exceed seventy-five (75) square feet in area, a width of twelve (12) feet, and not to exceed a maximum height of twenty-two (22) feet, including the framework. In addition the freestanding business may have one Building Sign not to exceed one and one half(1.5) square feet of sign to every one (1) linear foot of building frontage or of building frontage occupied by each business conducted on the premises, the total of both signs not to exceed a total area of two-hundred and fifty(250) square feet. (b) Shopping Plazas may have one (1) Freestanding Sign Structure located on the property at each major entrance, (as determined by the Planning and Development Board) to the Shopping Plaza at a location to be approved by the Planning and Development Board as a part of the site plan review process, in accordance with Section 276-7(3)b of the City Code. No freestanding sign structure shall exceed a maximum height of thirty (30) feet and maximum sign area width of twelve (12) feet. Each individual business within a shopping plaza may have a maximum sign area on the freestanding structure of one half(.5) a square foot of sign to every one c1) linear foot of the building frontage occupied by that business. In addition each business within a shopping plaza may have Building Signs that do not exceed one and one half (1.5) square feet of sign to every one (1) linear foot of building frontage occupied by the business and a not to exceed total area of two-hundred and fifty(250) square feet. See section 272 8 325-48 for setback bonus information. 2. Exception. in all districts except residential, Wwhere a structure or building has frontage on more than one street, public highway or waterway, one sign attached, painted on or applied to the front or face of said structure or building shall be permitted facing each street, public highway or waterway frontage, within the overall allowance for number of signs and total sign area for the Zoning District and use type as specified in this chapter, which maximums shall apply to the premises as a whole. [Amended 8-3-1977 by Ord. No. 77-8] § 272 832.5-52. Temporary signs. [Amended 8-3-1977 by Ord. No. 77-8] A. Permit required. No person or sponsoring organization which is commercial or otherwise profit-making shall place or cause to be placed any sign of a temporary nature without first obtaining a permit as hereinafter provided. Permit fees are waived for all legal not for profit organizations.,however they arc still subject to the permit time restrictions. B. Exemptions. Temporary signs advertising an event for less than ten (10) days are exempt from the permit requirement, provided that the sign be removed immediately following the event. Decorative cloth banners designed for long-term use, reviewed by the Public Art Commission and as approved by the Building Department are exempt from the permit time period. However, should the banner become damaged or severely worn, it must be removed immediately. Q:IPLANNING\STAFF\Kate\Sign Ordinance 325-new tracked 3-10-03.doc Page 11 of 184-8 C. Time periods. Signs of a temporary nature, such as banners, promotional devices and other signs of a similar nature, may be erected with a permit for a period not exceeding sixty (60) days, provided that the consent of the property owner or occupant is obtained and that such signs are not attached to fences, trees, utility poles or the like and that such signs are not placed in such a position as may obstruct or impair vision or traffic or in any manner create a nuisance, hazard or disturbance to the health and welfare of the general public. All such signs must identify the name and address of the sponsoring person or organization and the name of a person responsible for their removal at the expiration of the sixty(60)30 day period. Such permits may be renewed no more than once for an additional 48thirty (30)-_day period. A temporary sign will not be re-permitted again for more than two (2) consecutive time periods, regardless of whether or not it remains in the same location. D. Exception for B-5, SW-1, SW-2, and SW-3 Zones. In B-5, SW-1, SW-2, and SW-3 Zones, no temporary signs shall be placed anywhere on a premises except in a window, and in no case shall the total combined area of permanent and temporary signs in a window exceed fifteen percent (15%)of a window's area. § 273-19325-53. Setbacks. [Amended 8-3-1977 by Ord. No. 77-8] A. In all zones except B-5, SW-1, SW-2, and SW-3, no freestanding sign or sign structure shall be erected or maintained in such a manner as to project over or above any street, public highway or waterway, nor shall any such freestanding sign be erected or maintained in such a manner as to project within eighteen 18 inches (18") of a public or private right-of-way or the inner edge of a public highway, sidewalk or waterway. Said signs or sign structures shall be set back at least ten (10) feet from any public highway or street right-of-way. Side yard and rear yard setbacks shall be no less than those required for structures or buildings in the Zoning Ordinance of the City of Ithaca, New York, and for the zoning district in which the property is located. B. In B-5, SW-1, SW-2, and SW-3 Zones, freestanding signs or sign structures must be set back at least ten (10) feet from any public right-of-way. No part of a freestanding sign shall project closer than live (5) feet to any public right-of-way or to any property line nor closer than eighteen inches (18") to any private right-of-way or to the edge of any access to the premises. Side and rear yard setbacks shall be no less than those required for buildings and structures in the B-5 Zone. No part of a freestanding sign shall project closer than five feet to any public right of way or to any property line nor closer than 18 inches to any private right of way or to the edge of any access to the premises. C. Ground signs in. B-5 Zones shall be set back not less than fifteen (15) feet from any public right-of-way or from the edge of any access drive to the premises. § 272-18325-54. Permit required. Except as otherwise herein provided, no person shall erect any sign, as defined herein, without first obtaining a permit therefore from the Building Commissioner. Q:\PLANNING\STAFF\Kate\Sign Ordinance 325-new tracked 3-10-03.doc Page 12 of 184 § 272 11325-5.5. Application for permit. A. Application for the permit shall be made to the Building Commissioner, in writing, in duplicate, upon forms prescribed and provided by the Building Commissioner, and shall contain the following information: 1. The name, address and telephone number of both the applicant and the owner of the property on which the sign is to be located. 2. The location of the building, structure or land to which or upon which the sign is to be attached or erected. 3. A detailed drawing or blueprints showing a description of the construction details of the sign and showing the lettering and/or pictorial matter composing the sign; the position of lighting or other extraneous devices; and a location plan showing the position of the sign on any building or land and its position in relation to nearby buildings or structures and to any private or public street or highway. 4. Written consent of the owner of the building, structure or land to which or on which the sign is to be erected in the event that the applicant is not the owner thereof. 5. A copy of any required or necessary electrical permit issued for said sign or a copy of the application for such permit 6. Such additional information as the Building Commissioner may reasonably require in order to carry out the intent of this chapter. § 272 12325-56. Permit fees. A. [Amended 2-4-1998 by Ord. No. 98-6] The following fees shall be paid to the City of Ithaca,New York, upon filing of an application for a sign permit: Sign Area (square feet) Fee Per Sign 0 to 50 $50 51 to 100 $100 101 to 150 $150 151 to 200 $200 201 to 250 $250 251 to 300 $300 301 to 350 $350 351-400 $400 For€each additional square foot of signage allowed by variance, the cost shall be- $400+ $10 per each additional square foot. Q:IPLANNINGISTAFF\Kate\Sign Ordinance 325-new tracked 3-10-03.doc Page 13 of 18 B. For the purpose of establishing the fee, the calculated square-foot area of the sign shall be rounded to the nearest whole square foot. § 272 13325-57. Issuance, expiration and renewal of permit. A. Building Commissioner to investigate and issue permit. It shall be the duty of the Building Commissioner, upon the filing of an application for a permit to erect a sign, to examine such plans, specifications and other data submitted to him/her with the application and, if necessary, the building or premises upon which it is proposed to erect the sign or other advertising structure. If it shall appear that the proposed sign is in compliance with all the requirements of this chapter and other laws and ordinances of the City of Ithaca, New York, the Building Commissioner shall then, within fifteen (15)days, issue a permit for the erection of the proposed sign. B. Expiration and renewal. If the sign authorized under any such permit has not been fully erected within six (6) months from the date of the issuance of such permit, the permit shall become null and void, but may be renewed within 10 days from the expiration thereof for . t permit fee, whichever is greater . §2-72-14325-58. Conformance required; maintenance; revocation of permit. A. Erection. No sign, whether new or existing, shall hereafter be erected or altered except in conformity with the provisions of this chapter. Alterations shall include any modification to a sign other than minor corrections to information, ie. changes in phone numbers. B. Maintenance. However, nNotwithstanding any provisions contained herein, the sign must be kept clean, in neat order and repair and free from all hazards, such as, but not limited to, faulty wiring and loose fastenings, and must be maintained at all times in such safe condition so as not to be detrimental to the public health or safety. C. Revocation for failure to correct violation. In the event of a violation of any of the foregoing provisions, the Building Commissioner shall give written notice, specifying the violation, to the named owner of the sign and the named owner of the land upon which the sign is erected, sent to the addresses as stated in the application for the sign permit, to conform or remove such sign. The sign shall thereupon be conformed by the owner of the sign and the owner of the land within sixty (60) days from the date of said notice. In the event that such sign shall not be so conformed within sixty (60) days, the Building Commissioner shall thereupon revoke the permit, and such sign shall be removed by the named owner of the sign or the named owner of the land within thirty(30)days after receipt of notice of permit revocation. D. Removal of Signs. Property Owners are responsible for removing signs of businesses that have closed and must remove signs within sixty(60)days of the tenant vacating the premises. Q:IPLANNINGISTAFF\KatelSign Ordinance 325-new tracked 3-10-03.doc Page 14 of 18 § 272 15325-59. Unsafe or dangerous signs. If the Building Commissioner shall find that any sign regulated by this chapter is unsafe or insecure or is a menace to the public, he/she shall give written notice to the named owner of the sign and the named owner of the land upon which the sign is erected, who shall remove or repair said sign within fourteen (14) days from the date of said notice. If said sign is not removed or repaired, the Building Commissioner shall revoke the permit issued for such sign, as herein provided, and may remove or repair said sign and shall assess all costs and expenses incurred in said removal or repair against the land or building on which such sign was located. The Building Commissioner may cause any sign, which is a source of immediate peril to person or property or any temporary sign not removed at the expiration of thirty (30) days to be removed summarily and without notice. §N246325-60. Historic signs. [Added 7-11-1979 by Ord. No. 79-7] Historic signs in any zoning district shall be exempt from the requirements to conform, and from other requirements of this chapter, provided that an approved historic sign permit is obtained in accordance with the following: A. Procedure. 1. Requests for retention of signs which are felt to be historic may be made to the Building Commissioner by the owner of the property on which such sign is located, by the owner's agent or by any other party with the owner's consent and shall be made in writing. A suffix "H" after the permit number. Each such request shall be accompanied by a statement outlining the reason for the request, including written or pictorial information documenting the sign's history, original and current purpose, colors and other relevant details which may be helpful in evaluating the request. 2. Requests may he made at any time and are not limited by the deadline imposed by § 272 3:Upon receipt of a completed request form and supporting documentation, the Building Commissioner shall refer the ... applicant to the Landmarks Commission for a determination as to whether the sign is historic. If the Landmarks Commission does not inform the Building Commissioner of its determination within 30 days of receipt of the referral, the request shall be treated as a regular sign permit application in accordance with this chapter. 3. Upon receipt of a determination from the Landmarks Commission, the Building commissioner shall determine whether the sign is related directly to uses currently existing on the premises and, if so, shall proceed as if it were a regular sign permit application, subject to the following Q:IPLANNINGISTAFF\Kate\Sign Ordinance 325-new tracked 3-10-03.doc Page 15 of 184 • (a) Signs determined by the Landmarks Commission to be historic shall be permitted in addition to conforming signage currently existing on the premises but shall be counted in computing the amount of signage permitted on the premises in the event that additional signs are applied for. Nonconforming, nonhistoric signage on the premises shall be treated as provided in § 272 15 325-59 and shall not preclude approval of historic signs. (b) Consistent with considerations of safety, such signs shall be permitted to retain their original size, shape, location, method of attachment, illumination, projection from building surface and other characteristics. Modifications thereto for any purpose shall respect the character and appearance of the original sign, and the reasons for such modification shall be clearly explained in the application. (c) If such sign would be in any respect nonconforming to the provisions of this chapter, it shall be referred to the Board of Zoning Appeals for approval. 5-.4. Historic signs which are clearly unrelated to existing uses of the premises and which conform in all other respects to the requirements of this chapter may be approved without referral to the Board of Zoning Appeals, and shall not be counted against the signage permitted on the premises so long as they remain functionally unrelated to existing uses thereon. Historic signs forming an integral part of the original design or ornament of a building shall not be required to be removed, conformed or obliterated in order to comply with the terms of this chapter but shall be reviewed as provided by this subsection. B. Signs on landmark sites. Signs on sites designated as local landmarks shall be referred to the Landmarks Commission for a determination and a certificate of appropriateness before approval action by the Building Commissioner or Board of Zoning Appeals. Signs on sites designated as having state or national historic significance but not locally designated shall be referred to the Landmarks Commission for determination as to whether they are historic and shall be governed by applicable regulations. C. Maintenance, repair, alteration and restoration. 1. Approved historic signs shall be maintained in accordance with the provisions of this chapter and other applicable regulations. Approval of an historic sign permit shall bear with it the responsibility of the owner of the sign to maintain and rehabilitate the sign to a state as close to the original condition and appearance as feasible, including the restoration of exposed neon-type illuminating systems to operation. Replacement of original visible components with substitutes to retain the original appearance shall be permitted, provided that such replacements accurately reproduce the size, shape, color and finish of the original. 2. Alterations or repairs to historic signs shall be accomplished using materials which match original materials as closely as possible and which, in any case, are compatible with the original. Historic signs which are severely damaged or deteriorated or which are for other good reason impractical to rehabilitate or repair in their existing condition, including signs remaining basically intact in their original location which have been partly obscured Q:IPLANNINGISTAFF\Kate\Sign Ordinance 325-new tracked 3-10-03.doc Page 16 of 1846 by overpainting or weathering or which have been covered by subsequent building remodeling, may be reproduced in a format as closely matching the original as possible and may be relocated or erected in a position near the original location, consistent with the other provisions of this chapter and with consideration of aesthetics. Alterations, reproductions or relocations of historic signs shall be referred to the Landmarks Commission for approval or a certificate of appropriateness.; 3. In the event that a historic sign is not rehabilitated or maintained in accordance with the terms of this subsection within one year of the issuance of a historic sign permit, the Building Commissioner shall be authorized to require its maintenance, repair or removal as provided in §§ 272 13 and 272 14325-58 and 325-59. § 272 17325-61. Duty and authority of Planning and Development Board. The Planning and Development Board shall advise the Building Commissioner with reference to desirable and effective use of signs for the purpose of enhancing and maintaining the natural beauty and cultural and aesthetic standards of the community. The Planning and Development Board may advertise, prepare, print and distribute pamphlets and other media which, in its judgment, will further these purposes. § 272 18325-62. Variances, review and appeal. [Amended 2-4-1998 by Ord. No. 98-6] Any person aggrieved by any decision of the Building commissioner relative to the provisions of this chapter may appeal such decision to the Board of Zoning Appeals, as provided in Chapter 325, Zoning, of this Code and shall comply with all procedural requirements prescribed by said Zoning Board of Appeals, including payment of a fee of one hundred dollars ($100)to defray the cost of the required legal notice and written notice to all property owners within two hundred (200) feet of the boundaries of the proposed sign location. However, when any variance, review or appeal relative to the provisions of this chapter is requested, the Zoning Board of Appeals shall not take action until a report is received from the Planning and Development Board. If, however, no report is received within forty-five (45) days after referral, then approval by the Planning and Development Board shall be presumed, and the Zoning Board of Appeals shall proceed accordingly. In making any determination or decision with respect to any proposed sign, any city officer or any board having jurisdiction shall be guided by the general purpose of this chapter, as stated in § 272 1 325-45 hereof, and shall also consider the following: A. Size of sign: the purpose for which the sign is erected and the distance from which the sign is intended to be or can possibly be read and the character of adjacent streets. In all cases, the smallest sign that will suit the purpose shall be the guide, taking into account the legitimate commercial or other interests which are intended to be promoted by the sign and the speed limits and traffic conditions on adjacent streets. B. Number of letters: the number of letters on the proposed sign. A sign with only a few letters need not be as large as one with many letters to be seen from the same distance. Q:IPLANNINGISTAFF\Kate\Sign Ordinance 325-new tracked 3-10-03.doc Page 17 of 184g C. Other signs: other signs in the vicinity of the proposed sign. D. The character of the neighborhood: the proposed use shall not be detrimental to the general amenity or neighborhood character so as to cause a devaluation of neighboring property or material inconvenience to neighboring inhabitants or material interference with the use and enjoyment by the inhabitants of the neighboring property. E. Public interest: the protection of the public interest and the desirability of maintaining open spaces, views and vistas insofar as possible. Any person aggrieved by any decision of the Zoning Board of Appeals may have the decision reviewed by a Special Term of the Supreme Court in the manner provided by Article 78 of the Civil Practice Law and Rules. § 272 19325-63. Penalties for offenses. [Amended 8-5-1992 by L.L. No. 3-1992] Failure to comply with any of the provisions of this chapter shall be deemed an offense and shall be punishable as provided in Chapter 1, General Provisions, Art. I, Penalties, of this Code, in addition to penalties for violation of any other regulation or ordinance of the City of Ithaca. Each day such violation continues shall constitute a separate violation. § 27248325-64. Applicability and construal of provisions. This chapter is applicable within the City of Ithaca and shall be construed as an exercise of the powers of such municipality to regulate, control and restrict the use of buildings, structures and land for outdoor advertising purposes, displays, signs and other advertising media in order to promote the health, safety, morals and general welfare of the of the municipality and its inhabitants and of peace and good order, for the benefit of trade and all matters related thereto. Q:IPLANNINGISTAFFIKate\Sign Ordinance 325-new tracked 3-10-03.doc Page 18 of 1848 - i WHEREAS, the Department of Planning & Development's proposed 2003 High Priorities Work Program has been reviewed by the Planning and Economic Development Committee of Council and the Planning & Development Board,therefore, be it RESOLVED, that the Common Council designates the following as the Department's priority projects for 2003: q:\planning\wrkpgm\resolution for 2003 work program by cc.doc DRAFT DATED March 13, 2003 2003 Priority Projects -- Department of Planning and Development ECONOMIC DEVELOPMENT: • Provide assistance to major downtown development projects, including Cayuga Green, the Ciminelli-Cornell office building, Hilton Hotel, Gateway Project and State Theatre. • Continue downtown business retention and recruitment program. • Complete planning for an additional parking structure or structures in CBD. Continue planning for additional parking in Collegetown. • Complete land exchange on Inlet Island in preparation for private development. In cooperation with the private sector, continue implementation of Inlet Island Plan. • Continue planning for additional waterfront development in cooperation with Tompkins County and others. • Continue review major South West development projects as submitted. Continue planning for development of former South West Park area. Continue design for Taughannock Boulevard extension. Complete Meadow Street intersection improvements. • Complete Spencer Street reconstruction project. • Continue planning and design for construction of Cherry Street extension. NEIGHBORHOODS AND QUALITY OF LIFE: • In cooperation with Ithaca Neighborhood Housing Services (INHS), continue implementation of$2 million Neighborhood Housing Initiative. • Complete Greater Southside Neighborhood-based Planning Initiative. Continue neighborhood planning initiative. • Construct first phase traffic calming projects. Continue planning and design for citywide program. • Continue planning for citywide trail system connecting residential neighborhoods and commercial areas to open space, natural areas and regional trail system. • Complete construction of Phase I sections of the Cayuga Waterfront Trail, including Inlet Island Promenade, east side of Inlet Island along the Cayuga Inlet, (Carrubia Property), and Bistro Q. Continue search for outside funding for completion of Promenade. \\cityhall\vol2\planning\wrkpgm\high priorities 2003.doc � R • Begin design and right of way acquisition for Phase II (Cass Park to Farmers' Market) construction of the Cayuga Waterfront trail in accordance with completed trail master plan. Continue to seek funding for Phase III and IIIb, Farmer's Market to Stewart Park and Stewart Park to the Visitor's • Complete work with County on Local Waterfront Revitalization Program (LWRP). Begin work on developing implementation strategies. • Continue work on acquisition of critical parcels in Six Mile Creek gorge. • Complete Historic Preservation Guidelines. • Continue planning for pedestrian linkages across Route 13 at various locations, including Dey Street, Third Streets and south of Six Mile Creek. Seek funding for implementation. • Begin implementation of Bicycle Plan. • Continue planning for dredging of city waterways. Find upland spoil deposition site. INFORMATION ACQUISITION AND MANAGEMENT: • Complete citywide GIS needs assessment and development plan. • Begin implementation of GIS program, including data and application development based on GIS needs assessment. • Update digital planimetric map with 2002 aerial photography. • Complete periodically required improvements to "ithacamaps" web based GIS application, particularly data updates and additions. REGULATIONS AND MAJOR PERMITS: • Continue review of major Cornell projects. • Amend local CEQR to conform with State SEQRA law. • Continue work on designation of additional Historic Districts. • Complete revisions to Landmarks Preservation Ordinance. \\cityhall\vol2\planning\wrkpgm\high priorities 2003.doc