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HomeMy WebLinkAbout05-21-2003 Planning & Economic Dev. Committee Meeting Agenda MEETING NOTICE City of Ithaca Planning& Economic Development Committee Wednesday, May 21,2003 Common Council Chambers City Hall-- 108 East Green Street 6:30 p.m. Agenda A. Agenda Review B. Public Comment and Response C. Reports - Committee Members, Chair, Mayor, Planning Director D. Issues 1. New York State Parks Grant Application (materials enclosed) 20 minutes 2. Sign Ordinance - Resolution (materials enclosed) 1 hour 3. Commons Redesign - Discussion 20 minutes 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, May 20, 2003. On January 11, 2006, while in the process of pulling the information from the Department files to be archived, I discovered that there was never any minutes prepared for May 21, 2003 meeting of the Planning & Economic Development Committee of Common Council. Rosemarie Tucker Executive Assistant -off iT..Ha"" CITY OF ITHACA / ;v `r. ^"i ' .4s 108 East Green Street 3rd Floor Ithaca,New York 14850-569 DEPARTMENT OF PLANNING AND DEVELOPMENT A!\T�0__` H.MATTHYS VAN CORT,DIRECTOR OF PLANNING AND DEVELOPMENT ' DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING&DEVELOPMENT Telephone: Planning & Development -607-274-6550 Community Development/IURA- 607-274-6559 Email: planning @cityofithaca.org Email: iura @cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Planning& Economic Development Committee From: Tim Logue,Neighborhood & Economic Development Planner Date: May 15, 2003 Re: 2003 Environmental Protection Fund and Land and Water Conservation Fund grant opportunities The New York State Office of Parks, Recreation, and Historic Preservation has announced grant opportunities under the above-mentioned programs (the former is a state fund, the latter a federal source). Similar types of projects may be submitted for both programs, with some restrictions, focusing on enhancing recreational opportunities in urban areas where the residential population is of low income and enhancing"quality communities"through the revitalization of downtown business districts and main streets. After considering the funding priorities and rating criteria for the programs, the Department of Planning & Development is recommending two grant submissions, and Golf course improvements and greening - development of irrigation system using effluent. The first is the Winter Village Trail. This trail would connect the Six Mile Creek walk, planned as part of the Cayuga Green project, through the Gateway development of Mack Travis, up into the Six Mile Creek Gorge, ending at the Mulholland Wildflower Preserve entrance on Giles Street. This trail would provide excellent recreational opportunities minutes away from the Commons and would be easily accessible to all downtown residents, especially those in our lower income neighborhoods. The second is acquisition of priority properties in the upper parts of the Six Mile Creek gorge (there is a separate application just for acquisition projects). The protection of these parcels from development would not only preserve important views within the gorge, it would also serve to protect the City's drinking watershed. A considerable amount of work has already taken place to target certain critical parcels in the gorge's natural area; these parcels would be prioritized in the grant submission. Both the EPF and the LWCF are 50%matching,reimbursement grant programs. However, neither of these applications would entail additional outlays of City monies. The Winter Village trail project would be matched by the City's investment in the Cayuga Green Creekwalk. The acquisition project would be matched by an existing reserve fund established by the City for just such a purpose. I will be attending a workshop on these grant funds on Monday, May 19th and will be able to give you more details at your meeting. Common Council will need to approve the applications and an environmental review before the due date of June 20th "An Equal Opportunity Employer with a commitment to workforce diversification." Lea q.*!1114"‘‘,,,, CITY OF ITHACA 108 East Green Street 3rd Floor Ithaca,New York 14850-5690 jlffTTl,; l TTT ,.00- DEPARTMENT OF PLANNING AND DEVELOPMENT H.MATTHYS VAN CORT,DIRECTOR OF PLANNING AND DEVELOPMENT DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT JOANN CORNISH, DEPUTY DIRECTOR OF PLANNING&DEVELOPMENT Telephone: Planning & Development -607-274-6550 Community Development/IURA- 607-274-6559 Email: planning @cityofithaca.org Email: iura @cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 MEMO TO: Members, Planning and Economic Development Committee FROM: Kate Mance, Environmental/Landscape Planner DATE: May 13, 2003 RE: Revisions to Sign Ordinance I have enclosed the latest revisions to the Sign Ordinance for your review prior to the May 21st meeting of the Planning Committee. The enclosed version has all previous changes accepted. The new tracking reflects changes recommended by Susan Blumenthal and Jane Marcham. These changes have been reviewed by staff as well. Please note that section 325-50A(1) contains three alternatives: the original language, and two new options. These options were outlined to facilitate discussion in next week's meeting. Please do not hesitate to contact me if you need more information. Cc: JoAnn Cornish Phyllis Radke Norma Schwab Thys VanCort Common Council Doug McDonald An Equal Opportunity Employer with a commitment to workforce diversification." Lea DRAFT --Chapter 325,Article IX SIGNS revised 03/25/03, 05/12/03 § 325-45. 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. § 325-46. Title. This chapter shall hereafter be known and cited as the "Sign Ordinance of the City of Ithaca." § 325-47. 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—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 or not-for-profit sponsored community event or service. 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. 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. Q:IPLANNINGISTAFF1Katelsign ordinance15-12-03 new revisions.doc Page 1 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 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 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 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 eighteen 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 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, Q:IPLANNINGISTAFFIKatelsign ordinance15-12-03 new revisions.doc Page 2 of 174 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 § 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 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, including 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 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, Q:IPLANNINGISTAFFIKatelsign ordinance15-12-03 new revisions.doc Page 3 of 171-7 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. 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 murals, as defined above. 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. [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] Q:IPLANNINGISTAFF\Kate\sign ordinance15-12-03 new revisions.doc Page 4 of 174 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] 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. § 325-48. 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. Types of Signs. 1. 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 eighteen inches (18") from the surface to which the sign or sign structure is attached, except as provided in § 325-60 below. [Amended 7-11-1979 by Ord. No. 79-7] 2. 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 below for 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. 3. Canopy, awning, and marquee signs. 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.(See Chapter 170, Encroachments) 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] B. 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] C. 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. D. 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. Q:IPLANNINGISTAFF1Katelsign ordinance15-12-03 new revisions.doc Page 5 of 171-7 E. 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. § 325-49. 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; 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," "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. § 325-50. Signs permitted in all districts. A. Permit not required. The following signs are permitted in any use district without a permit, as noted: [Amended 8-3-1977 by Ord. No. 77-8] 1. Signs temporarily advertising the sale, lease or rental of the premises upon which the sign is located, which signs shall not exceed fifteen (15) 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 within 30 days of sale or lease of the premises. Alternative 1: Q:IPLANNINGISTAFF\Katelsign ordinance15-12-03 new revisions.doc Page 6 of 174 f 1. Signs advertising the sale, lease or rental of the premises upon which the sign is located. Each property shall be limited to one (1) such sign, except with regard to parking, as follows: (a) Signs temporarily advertising the premises for sale in SW-2, SW-3, WEDZ-la and I-1 zones shall not exceed fifteen (15) square feet; in all other areas, said signs shall not exceed five (5) square feet. In all zones, such signs shall be unlimited in duration except that they must be removed within thirty(30) days of sale of the premises. (b) Signs advertising the premises for rent shall not exceed five (5) square feet in size except in residential districts, where said signs shall not exceed one (1) square foot and be attached only to the front face of a building. The top edge of the sign shall not exceed the height of the top of the front door. (c) Signs advertising rental of premises for parking of vehicles shall not exceed two (2) square feet in size in all districts and are unlimited in duration. Each property may display one (1) such parking rental sign visible from a public way, which can be in addition to a sale or rental sign on the same premises. In residential zones, freestanding signs advertising rental of premises for parking of vehicles shall not be permitted in front yards. (d) Informational signs in residential zones shall be subject to the following regulations: Each property shall be limited to one (1) such sign. Informational signs shall not exceed two (2) square feet in area and shall not have letters exceeding two (2) inches in height. Informational signs are not permitted in front yards or attached to the front face of a building or any appurtenance attached thereto. If placed on any portion of the face of a building, the top edge of informational signs shall not exceed five (5) feet from ground level. Alternative 2: 1. Signs temporarily advertising the premises for sale in SW-2, SW-3, WEDZ-la and I-1 zones shall not exceed fifteen (15) square feet; in all other areas, said signs shall not exceed five (5) square feet. In all zones, such signs shall be unlimited in duration except that they must be removed within thirty(30) days of sale of the premises. 2. No signs advertising the premises for rent are allowed in any residential district. 2. Any temporary political posters, which signs shall not exceed fifteen (15) 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 five (5) square feet in area in residential zones and fifteen (15) square feet in area in all other zones; provided, however, that such signs shall be removed immediately upon completion of the project. Q:IPLANNING\STAFF\Kate\sign ordinance15-12-03 new revisions.doc Page 7 of 174-7 E. 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. § 325-49. 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; 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," "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. § 325-50. Signs permitted in all districts. A. Permit not required. The following signs are permitted in any use district without a permit, as noted: [Amended 8-3-1977 by Ord. No. 77-8] 1. Signs temporarily advertising the sale, lease or rental of the premises upon which the sign is located, which signs shall not exceed fifteen (15) 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 within 30 days of sale or lease of the premises. Alternative 1: Q:IPLANNINGISTAFF\Kate\sign ordinance15-12-03 new revisions.doc Page 6 of 17 1. Signs advertising the sale, lease or rental of the premises upon which the sign is located. Each property shall be limited to one(1) such sign, except with regard to parking, as follows: (a) Signs temporarily advertising the premises for sale in SW-2, SW-3, WEDZ-la and I-1 zones shall not exceed fifteen(15) square feet; in all other areas, said signs shall not exceed five (5) square feet. In all zones, such signs shall be unlimited in duration except that they must be removed within thirty(30) days of sale of the premises. (b) Signs advertising the premises for rent shall not exceed five (5) square feet in size except in residential districts,where said signs shall not exceed one(1) square foot and be attached only to the front face of a building. The top edge of the sign shall not exceed the height of the top of the front door. (c) Signs advertising rental of premises for parking of vehicles shall not exceed two (2) square feet in size in all districts and are unlimited in duration. Each property may display one (1) such parking rental sign visible from a public way,which can be in addition to a sale or rental sign on the same premises. In residential zones, freestanding signs advertising rental of premises for parking of vehicles shall not be permitted in front yards. (d) Informational signs in residential zones shall be subject to the following regulations: Each property shall be limited to one (1) such sign. Informational signs shall not exceed two (2) square feet in area and shall not have letters exceeding two (2) inches in height. Informational signs are not permitted in front yards or attached to the front face of a building or any appurtenance attached thereto. If placed on any portion of the face of a building, the top edge of informational signs shall not exceed five (5) feet from ground level. Alternative 2: 1. Signs temporarily advertising the premises for sale in SW-2, SW-3, WEDZ-la and. I-1 zones shall not exceed fifteen(15) square feet; in all other areas, said signs shall not exceed five (5) square feet. In all zones, such signs shall be unlimited in duration except that they must be removed within thirty(30) days of sale of the premises. 2. No signs advertising the premises for rent are allowed in any residential district. 2. Any temporary political posters, which signs shall not exceed fifteen (15) 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 five (5) square feet in area in residential zones and fifteen (15) square feet in area in all other zones; provided, however, that such signs shall be removed immediately upon completion of the project. Q:IPLANNINGISTAFF\Kate\sign ordinance15-12-03 new revisions.doc Page 7 of 17 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 to any public right-of-way. One 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 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 § 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 require a permit as provided herein: 1. Residential Zones. For properties with up to fifty(50) feet of building frontage, Any sign 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 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. For properties with more than 50 feet of building frontage, such signs shall not exceed twelve (12) square feet. Q:\PLANNING\STAFF\Kate\sign ordinance15-12-03 new revisions.doc Page 8 of 171-7 i 2. Commercial Zones. For any 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, including framework. No individual sign may exceed a maximum square footage of fifty (50) square feet. 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 each. (a) Exception. In all districts except residential, where 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] (b) Any sign advertising the name of a residential building, including real estate developments or subdivisions, permitted in a district zoned commercial shall not exceed twelve (12) square feet in area and shall advertise only the name of the building, provided that no more than one sign shall be allowed for each such residential 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. In cases where signs advertising residential uses are located on buildings which combine commercial and residential uses in the same structure, such signs shall be included within the overall allowance for total sign area for the Zoning District as specified in this chapter, which maximums shall apply to the premises as a whole. 3. Temporary signs, as provided further under § 325-52 below. 4. Historic signs, as provided further under § 325-60 below. [Added 7-11-1979 by Ord. No. 79-7] § 325-51. 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-1a, B-5, or I-1 by the Zoning Ordinance of the City of Ithaca,New York, no signs shall be erected or maintained, except as follows: 1. 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 building signs not to exceed one and one half (1.5) square feet of sign area 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 freestanding and building signs not to exceed a total area of two-hundred and fifty (250) square feet. See below for setback bonus information. Q:IPLANNINGISTAFF\Kate\sign ordinance15-12-03 new revisions.doc Page 9 of 174 2. Shopping Plazas may have one (1) freestanding sign structure located on the property at each major entrance to the Shopping Plaza at a location 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 (1) 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 not to exceed total area of two-hundred and fifty(250) square feet. See below for setback bonus information. (a) 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 25%, and increase it an additional 25% for every additional one hundred feet (100') of setback; up to a maximum of 200% of the allowed sign area at four hundred and fifty feet (450'). The setback shall be measured from the center point of the building frontage perpendicular to the center line of the public right of way. Over 150' linear feet setback, 125% of allowed sign area, or a maximum of 312.50 square feet, whichever is less, Over 250' linear feet setback, 150% of allowed sign area, or a maximum of 375 square feet, whichever is less, Over 350' linear feet setback, 175% of allowed sign area, or a maximum of 437.50 square feet,whichever is less, Over 450' linear feet setback, 200% of allowed sign area, or a maximum of 500 square feet, whichever is less* *Under no circumstances shall the primary wall signage exceed five hundred (500) square feet regardless of wall size or increased setbacks, nor shall any one wall sign exceed a total of two hundred fifty (250)square feet. (b) Filling Stations. Filling Stations located within a Shopping Plaza may have two (2) wall signs or two (2) canopy signs or a combination of one (1)wall sign and one (1) canopy sign. No individual sign may exceed fifty (50) square feet, with the total signage not to exceed 100 square feet. In addition, filling stations may have a maximum of two (2)price signs not to exceed fifteen (15) square feet each. (c) Directional Signs. One directional sign may be erected per interior access road intersection within a shopping plaza. Each sign may not exceed fifteen (15) square feet in area. 3. Exception. Where a structure or building has frontage on more than one public or private street, 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, highway or waterway Q:IPLANNINGISTAFF\Kate\sign ordinance15-12-03 new revisions.doc Page 10 of 171-7 frontage, as provided in section 325-50 B2(a) above. [Amended 8-3-1977 by Ord. No. 77-8] § 325-52. 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. 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. Signs temporarily advertising the sale, lease or rental of the premises upon which the sign is located, temporary political posters, and signs denoting the architects, engineers and/or contractors placed on premises where construction, repair or renovation is in progress are also exempt from the permit requirement, as provided in § 325-50 above. 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. C. Time periods. Signs of a temporary nature_, . - . :• -.-- , : : •- : •: . :- • - . •: - -- cigns 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 sign permitss 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) day period. Such permits may be renewed no more than once a year for an additional thirty (30) day period. A temporary sign will not be re-permitted 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. § 325-53. 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 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. Q:\PLANNING\STAFF\Kate\sign ordinance\5-12-03 new revisions.doc Page 11 of 174-7 B. In 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 five (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. C. In B-5 Zones, pole signs must be set back at least ten (10) feet from any public right-of-way. 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. No part of any freestanding sign shall project closer than five (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. § 325-54. Permit required. Except as otherwise herein provided, no person shall erect any sign, as defined herein, without first obtaining a permit from the Building Commissioner. § 325-55. 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. § 325-56. 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 Q:IPLANNING\STAFF\Kate\sign ordinance15-12-03 new revisions.doc Page 12 of 174 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 $400 401-450 $450 451-500 $500 For each additional square foot of signage allowed by variance, the cost shall be $500 + $10 per each additional square foot. 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. § 325-57. 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. § 325-58. 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. Notwithstanding 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 Q:IPLANNINGISTAFF\Kate\sign ordinance15-12-03 new revisions.doc Page 13 of 174 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. § 325-59. 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. § 325-60. 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. 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. 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. 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: (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 § 325-59 and shall not preclude approval of historic signs. Q:IPLANNINGISTAFF\Kate\sign ordinance15-12-03 new revisions.doc Page 14 of 174 (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. 3. 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 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 Q:IPLANNINGISTAFF\Kate\sign ordinance15-12-03 new revisions.doc Page 15 of 174 i Building Commissioner shall be authorized to require its maintenance, repair or removal as provided in §§ 325-58 and 325-59. § 325-61. 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. § 325-62. 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 Board of Zoning 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 Board of Zoning 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 Board of Zoning 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 § 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 shall be taken into consideration. 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. A sign with only a few letters need not be as large as one with many letters to be seen from the same distance. C. Other signs. The context of existing signs in the vicinity of the proposed sign shall be taken into consideration. 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 shall be considered insofar as possible. Any person aggrieved by any decision of the Board of Zoning 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. § 325-63. Penalties for offenses. [Amended 8-5-1992 by L.L. No. 3-1992] Q:IPLANNINGISTAFF\Kate\sign ordinance15-12-03 new revisions.doc Page 16 of 171-7 i 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. § 325-64. 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. § 325-65. Effective Date. This ordinance shall take affect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Q:IPLANNING\STAFF\Kate\sign ordinance15-12-03 new revisions.doc Page 17 of 174-7 CODE OF THE CITY OF ITHACA,NEW YORK, v8 Updated 9-25-2002 PART II GENERAL LEGISLATION Chapter 276, SITE PLAN REVIEW § 276-7. Project review criteria. § 276-7. Project review criteria. A General criteria: (1) Avoidance or mitigation of any negative environmental impacts identified in the environmental review. The following shall be emphasized in particular: (a) Erosion, sedimentation and siltation control. (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 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, Landmarks Preservation Ordinance, Exterior Property Maintenance Ordinance and Environmental Quality Review Ordinance of the City of Ithaca, EN and the State Environmental Quality Review Act.EN [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 landscape elements. (b) The proper and effective use of landscape architectural elements such as plantings, land forms, water features, paving, lighting, including the location and appearance of proposed signage.ete. 1(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 and landscape. (4) Adequate stormwater management. Calculations of the existing and estimated increased loads on the system may be required. (5) Adequate wastewater and sewage disposal facilities. Calculations of the existing and estimated increased loads on the system may be required. (6) Adequacy of fire lanes and fire and emergency access and the availability of fire hydrants. (7) Safe arrangement of vehicular access, circulation, intersections and traffic controls. Analysis of the project's impact on parking and traffic may be required. (8) Safe and convenient pedestrian and bicycle access and circulation, and provision of bicycle racks when appropriate. (9) Handicap accessibility of buildings, pathways and parking. (10)Open space for play areas and informal recreation in the case of a residential development. . > 1 • (11)Conformance to any 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. [Amended 6-13-2001 by Ord. No. 2001-8] (13)Shielding of noise from mechanical equipment and other sources to the extent reasonably practicable. 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 a 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 10 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 21/2 inches at the time of planting. Size of evergreen trees and shrubs shall 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. (3) Dead, dying and/or seriously damaged plant materials 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) 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 except as approved by the Building Commissioner upon consultation with the Director of Planning and Development as specified herein above. C Criteria for parking areas where applicable. The general criteria in Subsection A shall apply also to 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 illustration EN): (1) There shall be screening with a minimum five-foot-wide planting area or fences between a parking area and adjacent properties and public ways, except where there is parking that is shared by more than one property or where commercial properties abut. In such cases the Board may require landscaping as it deems appropriate. (2) In 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 21/2 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. • } City of Ithaca Long Environmental Assessment Form Project Information by Applicant Notice: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete parts 2 and 3. Name and Location of Project: Revision to the City Sign Ordinance and the Site Plan Review Ordinance _ _ Name and Address of Applicant: City of Ithaca Street: 108 East Green Street City/Town/Village: Ithaca State: N.Y. ZIP:14850 Business Phone: 607-274-6550 Name and Address of Owner Name: (If Different): Street: City/Town/Village: Stater ZIP: Business Phone: Type of Project: Revision to City Ordinance and the City Site Plan Review Ordinance Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION (Physical setting of overall project, both developed and undeveloped areas.) 1. Character of the land: Generally uniform slope Generally uneven and rolling or irregular X '2. Present Land Use: !Urban X Industrial X Commercial X Public X Forest X __ Residential X Other:_ ___ 3. Total area of project Citywide area I Approximate Area (Units in ques tion 3 t o this Presently After Completion section) la. Meadow or Brushland N/A N/A b. Wooded N/A N/A lc. Agricultural - , N/A . N/A id. Wetland(as per Articles 24 of ECL) N/A N/A e. Water Surface Area .• -- 'N/A N/A• f. Public N/A N/A Water Sprface Aiea - N/A h. Unvegetated (rock, earth or fill) L N/A N/A 41:A. Atit'41; 1j. Other(indicate type) 'I N/A !I N/A 4a What iS predominant soil type(s) on -;•7: ''''` prOjeCt site? e g HdB, silty loam, etc 4b. Percentage well drained: Moderately: well drained: Poorly drained: 5a.Are there bedrock outcroppings on - N/A project site? 5b. What is depth of bedrock? (feet) N/A Sc. What is depth to the water table? (feet) N/A 16}. Approximate percentage of proposed 0-10%: % 10-15%: % 15% or greater: !project site with slopes: % N/A 17. Do hunting or fishing opportunities N/A !presently exist in the project area? 8. Does project site contain any species of N/A 'plant or animal life that is identified as Identify each species threatened or endangered? 9. Are there any unique or unusual land N/A forms on the project site? (i.e., cliffs, other Describe: geological formations? 10. Is project within or contiguous to a site designated a unique natural area or critical Describe: N/A environmental area by a local or state agency? I 11. Is the project site presently used by the N/A community or neighborhood as an open space or recreation area? 12. Does the present site offer or include N/A scenic views known to be important to the community? 13. Is project contiguous to,or does it N/A contain a building or site listed on or if Yes,Explain: eligible for the National or State Register of Historic Places? Or designated a local landmark or in a N/A local landmark district? 14. Streams within or contiguous to project `a. Names of stream or name of river to which area: it is tributary: N/A 15 Lake s,ponk:C d sw,wet landa reas within or 1 a x Namrt e> NIA "'k i ... 3•x•3 g�ar Y=w"k e'�Sx.� }„r` ayflr_x Yx `; _'� contiguous to project ...ti «✓ .._.......r=!✓........_...r .-.._ ....._... - ,•3..i'. +Y..'t-.2J - a«..a.�......L.....r.....-.._..'ZL•.rt. 16. What is the dominant land use and Citywide—All zones zoning classification within a 1/4-mile radius of the project? (e.g. single family residential,R-la or R-lb) and the scale of development (e.g. 2 story) 17.Has the site been used for land disposal .N/A of solid or hazardous wastes? if Yes,Describe: B. PROJECT DESCRIPTION 11. Physical dimensions and scale of project (fill in dimensions as appropriate) N/A 1. a. Total contiguous area owned by project sponsor in acres: or square feet: N/A 1. b. Project acreage developed: Acres initially: Acres ultimately: N/A 11. c. Project acreage to remain undeveloped: N/A 1. d. Length of project in miles: (if appropriate) or feet: N/A 1. e. If project is an expansion or demolition of existing building or use, indicate percent of change proposed: !building square footage: developed acreage: N/A 1. f. Number of off-street parking spaces existing: proposed: N/A 1. g. Maximum vehicular trips generated per day: and per hour: (upon completion of project). N/A 1. h. If residential: Number and type of housing units (not structures): One Family Two Family Multiple Family Condominium Initial N/A N/A N/A N/A Ultimate N/A N/A N/A N/A If non-residential, Orientation: Commercial X Industrial Neighborhood City Regional --Estimated Employment 1. i. Total height of tallest proposed structure: feet. 2. Specify what type of natural material (i.e. rock, earth, etc.) and how much will be removed from the site: or added to the site . 3. Specify what type or vegetation (trees, shrubs, ground cover) and how much will be removed from the site: acres, what type? 4. Will any mature trees or other locally-important vegetation be removed by this project? N/A 5. Are there any plans for re-vegetation to replace that removed during construction? N/A 6. If single phase project:Anticipated period of construction months, (including demolition) N/A 7. If multi-phased project N/A 7. a. Total number of phases anticipated N/A 7. b. Anticipated date of commencement phase one month year, (including demolition) N/A 7. c. Approximate completion date of final phase month year. N/A 7. d. Is phase one financially dependent on subsequent phases? N/A 8. Will blasting occur during construction? N/A if yes, explain N/A 19. Number ofjobs generated: during construction after project is completed ". N/A 10. Number ofjobs eliminated by this project: N/A Explain: N/A 11. Will project require relocation of any projects or facilities? yes X No; if yes, explain 12. a. Is surface or sub-surface liquid waste disposal involved? yes X No 12. b. If yes, indicate type of waste (sewage, industrial, etc) 12. c. If surface disposal,where specifically will effluent be discharged? 13. Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased by proposal? yes X No 14. a. Will project or any portion of project occur wholly or partially within or contiguous to the 100 year flood plain? 2 14. b. Does project or any portion of project occur wholly or partially within or contiguous to: Cavuaa Inlet Fall Creek. Cascadilla Creek. CavuQa Lake. Six Mile Creek. Silver Creek? N/A 14. c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as described in Article 24 or the ECL? Yes X No 14. d. If yes for a, b, or c, explain: 15. a. Does project involve disposal or solid waste? N/A ,15.b. If yes, will an existing solid waste disposal facility be used? N/A 15. c. If yes, give name and location: N/A 15. d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? N/A if yes, explain: N/A 15. e.Will any solid waste be disposed of on site? N/A ; if yes, explain N/A 16. Will project use herbicides or pesticides? N/A ; if yes, specify N/A 17. Will project affect a building or site listed on or eligible for the National or State. Register of Historic Places? Or designated a local landmark or in a landmark district? N/A if yes, explain N/A 18. Will project produce odors? N/A; if yes, describe N/A 19. Will project product operating noise exceed the local ambient noise level during construction?N/A;After construction?N/A;. 120. Will project result in an increase of energy use? N/A; if yes, indicate type(s) N/A 21. Total anticipated water usage per day gals/day. Source of water. N/A 22. Zoning: 22. a. What is dominant zoning classification of site? . 122. b. Current specific zoning classification of site? . 122. c. Is proposed use consistent with present zoning? 122. d. If no, indicate desired zoning . 23. Approvals: 123. a. Is any Federal permit required? No Specify N/A 23. b. Does project involve State or Federal funding or financing? No If Yes, Specify N/A 23. c. Local and Regional approvals: (Yes- Approval Submittal Approval Date Council Yes Adoption BZA No P&D Board No -- P&D Board No Landmarks No BPW No Fire Department No Police No Department IURA No Building No Commissioner City of Ithaca Long Environmental Assessment Form ENVIRONMENTAL ASSESSMENT - PART 2 IMPACT ON LAND 1. Will there be an effect as a result of a physical Small to Potential Can Impact ;change to project site? Moderate Large be Reduced by Project !Yes No X Impact Impact Change? Any construction on slopes of 15% or greater, (15 foot I I ;rise per 100 foot of length), or where the general slope in the project exceeds 10%. Construction on land where the depth to the water table is less than 3 feet. Construction of parking facility/area for 50 or more vehicles. • Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more than 1 year or involve more than one phase or stage. Evacuation for mining purposes that would remove jmore than 1,000 tons of natural material (i.e. rock or (soil)per year. Construction of any new sanitary landfill. • I Clearcutting or removal of vegetation other than !agricultural crops from more than one-half acre. Construction in a designated floodway. Permanent removal of topsoil from more than one-half 'acre. Other impacts: 2. Will there be an effect on any unique land forms ' Can Impact - Small to Potential" • found on the site?,(i.e. cliffs,gorges, geological • . be Reduced formations,'etc.) Moderate : Large 1 '.by Project Yes ;NoX Impact Impact Change? Specific land forms: 3. Will there be an effect on any site designated as a . unique natural area or a critical environmental area by a local or state agency? Yes No X IMPACT ON WATER 14. Will project affect any water body designated as Can Impact be protected? (Under article 15 or 24 of the Environmental Small to Potential Reduced by Conservation Law,E.C.L.) Moderate Large Project Yes No Impact Impact Change. !Dredging more than 100 cubic yards of material from channel of a protected stream. I ' 1 Construction in a designated freshwater wetland. Other impacts: 5. Will project affect any non-protected existing or Small to Potential Can Impact be new body of water? Moderate Large Reduced by Yes No X Impact Impact Project Change? A 10% increase or decrease in the surface area of any body of water or more than a 10,000 sq. ft. of surface area. Construction, alteration, or conversion of a body of water that exceeds 10,000 sq. ft. of surface area. Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, Cayuga Lake or the Cayuga Inlet? 'Other impacts: I I 6. Will project affect surface or groundwater Small to Potential Can Impact be 'quality? Moderate Large Reduced by .Yes No X Impact Impact Project Change? ;Project will require a discharge permit. 'Project requires use of a source of water that does inot have approval to serve proposed project. Construction or operation causing any contamination of a public water supply system. Project will adversely affect groundwater. !Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Project requiring a facility that would use water in excess of 20,000 gallons per day or 500 gallons per (minute. Project will likely cause siltation or other discharge into an existing body of water to the extent that ! j there will be an obvious visual contrast to natural conditions. Other impacts: DRAINAGE 7. Will project alter drainage flow, drainage Small to Potential Can Impact be patterns or surface water runoff? Moderate Large Reduced by yes X no Impact I Impact Project Change? Project would impede flood water flows. Project is likely to cause substantial erosion. Project is incompatible with existing drainage patterns. Other impacts: IMPACT ON AIR Small to Potential Can Impact 8. Will project affect air quality? be Reduced yes X no Moderate Large by Project Impact Impact Change? Project will induce 500 or more vehicle trips in any 8 hour period per day. Project will result in the incineration of more !than 2.5 tons of refuse per 24 hour day. !Project emission rate of all contaminants will exceed 5 lbs per hour or a heat source !producing more than 10 million BTUs per (hour. Other impacts: IMPACTS ON PLANTS AND ANIMALS 9. Will project affect any threatened or Small to Potential Can Impact endangered species? Moderate Large be Reduced Yes No X Impact Impact by Project Change? Reduction of any species listed on the New York or Federal list, using the site, found over, on, or near site. Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year other than for agricultural purposes. Other impacts: IMPACTS ON PLANTS AND ANIMALS 10. Will project substantially affect non- Small to Potential Can Impact be threatened or non-endangered species? Moderate Large Reduced by Yes No X Impact Impact Project Change? Project would substantially interfere with any resident or migratory fish or wildlife species. Project requires the removal or more than 1/2 acre of mature woods or other locally important vegetation. Other impacts: IMPACT ON VISUAL RESOURCE 11. Will the project affect views, vistas or the visual character of the neighborhood or Small to Potential Can Impact be community? Moderate Large Reduced by Yes No X Impact Impact Project Change? An incompatible visual effect caused by the introduction of new materials, colors, and/or forms in contrast to the surrounding landscape. A project easily visible, not easily screened, that is obviously different from others around it. Project will result in the elimination or major screening of scenic views known to be important to the area. Other impacts: IMPACT ON HISTORIC RESOURCES 12. Will project impact any site or structure Small to Potential Can Impact be of historic,prehistoric or paleontological Moderate Large Reduced by importance? Impact Impact Project Change? Yes No X Project occurring wholly or partially within or contiguous to any facility or site listed on or eligible for the National or State Register of Historic Places. Any impact to an archaeological site or fossil bed located within the project site. Project occurring wholly or partially within or contiguous to any site designated as a local landmark or in a landmark district. Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will the project affect the tquantity or Small to Potential Can Impact be tquality of existing or future open spaces or recreational opportunities? Moderate Large Reduced by Yes No X Impact Impact Project Change? The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts: IMPACT ON TRANSPORTATION 14. Will there be an effect to existing Small to Potential Can Impact be transportation systems? Moderate Large Reduced by Project Yes No X Impact Impact Change? - Alteration of present patterns of movement of people and/or goods. Project will result in traffic problems. Project will result in [dual wheel] truck traffic (three axle or more) of more than 10 vehicles per eight-hour period per day. Other impacts: IMPACT ON ENERGY 15. Will project affect the community's Small to Potential Can Impact be sources of fuel or energy supply? Moderate Reduced by Project Yes No X Impact Large Impact Change? Project causing greater than 5% increase in any form of energy used in municipality. Project requiring the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences. Other impacts: (IMPACT ON QUALITY OF DAILY LIFE 16. Will there be objectionable odors, noise, glare, vibration or electrical Small to Can Impact be disturbance during construction of or Moderate Potential Large Reduced by Project after completion of this project? Impact Impact Change? Yes No X Blasting within 1,500 feet of a hospital, school, or other sensitive facility? Odors will occur routinely(more than one hour per day) Project will produce operating noise exceeding the local ambient noise levels for noise outside of structure. Project will remove natural barriers that would act as a noise screen. Other impacts: IMPACT ON HEALTH AND HAZARDS 17. Will project affect public health Small to Can Impact be and safety? Moderate Potential Large Reduced by Project Yes No X Impact Impact Change? Project will cause a risk of explosion orrelease of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there will be a chronic low level discharge or emission. Project will result in the handling or disposal or hazardous wastes (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc., including wastes that are solid, semi- solid, liquid or contain gases.) Storage facilities for 50,000 or more gallons of any liquid fuel. Use of any chemical for de-icing, soil stabilization or the control of vegetation, insects or animal life on the premises of any residential, commercial or industrial property in excess of 30,000 square feet. Other impacts: IMPACT GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will project affect the character Small to Potential Can Impact be Reduced of the existing community? Moderate Large by Project Change? Yes No X Impact Impact The population of the City in which the project is located is likely to glow by more than 5% of resident human population. The municipal budgets for capital expenditures or operating services will increase by more than 5%per year as a result of this project. The project will replace or eliminate existing facilities, structures, or areas of historic importance to the community. Development will induce an influx of a particular age group with special needs. Project will set an important X precedent for future projects. Project will relocate 15 or more employees in one or more businesses. Other impacts: Establishes the sign ordinance for future projects 19. Is there public controversy Small to potential Can Impact be concerning the project? Moderate Reduced by Project Yes No X Impact Large Impact Change? Either government or citizens of adjacent communities have expressed opposition or Yes X no rejected the project or have not been contacted. Objections to the project from Yes X no within the community. If any action in part 2 is identified as a potential large impact, or if you cannot determine the magnitude of impact, proceed to part 3. Determination Upon review of the information recorded on this EAF (Parts 1, 2, and 3) and considering both the magnitude and importance of each impact, it is reasonable determined that: A. The project will result in no major impacts PREPARE A NEGATIVE and, therefore, is one which may not cause DECLARATION X • significant damage to the environment. B. Although the project could have a significant effect on the environment, there will not be a PREPARE A NEGATIVE significant effect in this case because the DECLARATION 'mitigation measures described in PART 3 have been included as part of the proposed project. C. The project will result in one or more major PREPARE A POSITIVE ;impacts that cannot be reduced and may cause DECLARATION, PROCEED WITH significant damage to the environment. EIS Date: 12/3/2002 Signature of Responsible Official in Lead Agency Print or Type name of Responsible Signature of Preparer (if different from Official in lead Agency: Alan J. Cohen responsible officer) Title/Position: Economic Development Planner Lead Agency's Name: City of Ithaca Tompkins County F I L E C°P Y DEPARTMENT OF PLANNIN RECEIVED 121 East Court Street f° f Ithaca,New York 14850 Edward C.Marx,AICP D 1 tr 4-5560 Commissioner of Planning N. x. l (StOPM May 8, 2003 Ms. Kathryn Mance, Environmental/Landscape Planner City of Ithaca 108 East Green Street Ithaca,NY 14850 Re: Review Pursuant to §239 -1 and-m of the New York State General Municipal Law Action: Revisions to City of Ithaca Sign Ordinance Dear Ms. Mance: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239-1 and-m of the New York State General Municipal Law. The Department has reviewed the proposal,as submitted, and has determined that it has no negative inter-community, or county-wide impacts. The department is pleased to see our previous comments incorporated in the ordinance.The revised version has resulted in a more comprehensive and understandable document. We have no additional comments to offer at this time. Please inform us of your decision so that we can make it a part of the record. Sincerely, e 21_ Edward C. Marx,AICP Commissioner of Planning 05/14/03 Draft Resolution: Declaration of Lead Agency for the Adoption of the Revised Sign ordinance 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 adoption of the revisions to the City Sign Ordinance is a "Type I" Action pursuant to CEQR which requires review under the City's Environmental Quality Review Ordinance; now, therefore,be it RESOLVED, that Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed adoption of the revised City Sign Ordinance. q:lplanninglstafflkatelsign ordinancelresolution-lead agency sign ord..doc 05/14/03 05/12/03 Draft Resolution: Revisions to the City Sign Ordinance-Determination of Environmental Significance WHEREAS,the City of Ithaca is proposing to adopt a revised City Sign Ordinance, and WHEREAS, appropriate environmental review has been conducted including the preparation of the Long Environmental Assessment Forms (LEAF), and WHEREAS, the revised City Sign Ordinance has been reviewed by the Tompkins County Planning Department Pursuant to §239-1—m of the New York State General Municipal Law, which requires 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 a Type I Action under the City Environmental Quality Review Act(CEQR Sec.176-12B), and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, reviewed the LEAF prepared by planning staff and has determined that adoption of the revised City Sign Ordinance will not have a significant effect on the environment; now, therefore,be it RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own, the finding and conclusions more fully set forth on the Long Environmental Assessment Form, and be it further RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, that this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk's Office, and forward the same to any other parties as required by law. Q:IPLANNINGISTAFFIKatelsign ordinancelResolution-Negdec sign ord.doc 05/14/03 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, 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 June 4, 2003, and WHEREAS, the City of Ithaca Common Council, as lead agency in this matter, has on June 4, 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 May 12, 2003 and accepts the minor text changes to the City Site Plan Review Ordinance. Q:IPLANNINGISTAFF\Katelsign ordinancelResolution-Adoption sign ord.doc