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City of Ithaca, NY
Tompkins County
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[HISTORY: Adopted by the Common Council of the City of Ithaca as Ch. 33 of the 1975 Municipal Code; amended in its entirety 5-6-2009 by Ord. No. 2009-05. Subsequent amendments noted where applicable.]
A. 
The purpose of this chapter is to establish a uniform City policy for treatment of requests to encroach upon or use City-owned land, structures or air space in an ongoing manner.
B. 
This chapter is not intended to address transitory use of City-owned real property (if such type of use is normally intended and otherwise lawful), such as for public parking or loading and unloading. Nor is it intended to address certain uses of a temporary nature (as that term is defined herein), including circuses, carnivals, parades, concerts, special events (per se) or similar uses, or temporary street openings or sidewalk repairs, or the placement of public art or newsracks upon City land (all of which are addressed by other provisions of this Code). Nor is it intended to provide sole regulation of certain other uses, such as outdoor dining or mobile vending. (See § 170-6 of this chapter for reference to other provisions of this Code applicable to the regulation of such temporary or certain other uses.)
As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
AWNING
An object extending from the facade of a building which may be rolled up or retracted.
AWNING, STANDARD
A nonstructural addition to the facade of any building which is covered in fabric or other flexible membrane, where the fabric or membrane is supported by a rigid frame of tubing or other noncombustible material and which is capable of being rolled up or retracted to within one foot of the face of the structure to which it is attached. Such standard awning must not be capable of projecting from the face of the structure upon which it is mounted more than four feet from the face of the structure and be no taller than four feet. The standard awning must be mounted on the face of the structure to provide for an unobstructed clearance below the rigid frame of the standard awning of at least seven feet above the sidewalk below. A nonrigid valance may hang no greater than one foot below the rigid frame.
CANOPY
An object extending from the facade of a building that has a rigid framework and cannot be rolled up or retracted.
CANOPY, STANDARD
A nonstructural addition to the facade of any building which is covered in fabric or other flexible membrane, where the fabric or membrane is supported by a rigid frame of tubing or other noncombustible material and which is constructed so that it cannot be retracted. To qualify as a standard canopy, a canopy may not project more than four feet from the face of the structure upon which it is mounted, may be no taller than four feet and must be mounted on the face of the structure to provide for an unobstructed clearance below the rigid frame of the standard canopy of at least eight feet above the sidewalk below. A nonrigid valance may hang no greater than one foot below the rigid frame.
ENCROACHMENT
An encroachment upon City land occurs when an ongoing, nontransitory use, structure or improvement, associated with or exclusively or primarily for the benefit of an adjacent or proximate landowner or another person or entity other than the City, is established, erected or maintained upon City property, whether on, beneath or above the surface of the ground. For the purpose of this chapter, encroachment includes but is not limited to buildings, fences, steps, walls, parking areas, signs, awnings, canopies, cellar entrances, coal holes, service openings, marquees, sidewalk elevators or hoist way openings or sidewalk vaults, docks, mobile vending carts, and maintenance of tables for outdoor dining within the public right-of-way, and shall also include such driveways as, in the opinion of the Superintendent of Public Works, are so constructed or used as to create a permanent or continuously recurring obstruction to the normal use of any public street or sidewalk or other land in the ownership of the City of Ithaca. Notwithstanding the foregoing, a temporary, freestanding, portable sign used to advertise a business on primary or secondary Ithaca Commons (which is regulated pursuant to Chapter 157 of this Code) shall not be construed to be an encroachment for the purpose of this chapter.
ENCROACHMENT, MINOR
An encroachment that affects no more than 40 square feet of area of City-owned land, and is not a mobile vending cart. If an encroachment involves a fence or wall, or a freestanding structure (such as a sign) that is located wholly or partially on City land, the area of encroachment shall be defined as all that area in City ownership between the outer face of the fence, wall or structure (for its full length) and the nearest property line of the encroaching owner (or, if the person or entity responsible for the encroachment is not an adjacent property owner, the nearest boundary of the City property encroached upon).
LEASE
A written contract between the City and another person or entity allowing the use of City-owned real property and establishing the conditions therefor. The lessee may or may not be the owner of real property adjacent to the land intended to be leased.
LICENSE
Written proof of permission to use City-owned real property for a temporary period of time, either for a term not to exceed one year (absent renewal) or subject to non-arbitrary revocation at will by the City upon less than a year’s notice, and in either event subject to revocation by the City if such property is subsequently required for public purposes. Permission to encroach upon adjacent City-owned property is granted pursuant to a revocable license.
[Amended 3-4-2015 by Ord. No. 2015-03]
MOBILE VENDING
The use of City property for maintaining in a temporarily stationary condition a portable vehicle, cart, table or other such device, from which items for purchase by members of the public are dispensed.
OUTDOOR DINING
The use of City property for the outdoor placement of tables and seats intended for the service and consumption of food or beverages by members of the public, for which a fee is charged.
PERMIT
Written proof of permission to use City-owned real property for a short period of time in no case exceeding one year (and typically for shorter duration).
PUBLIC STREET
Includes the entire publicly-owned right-of-way for a street and any public sidewalks and curb lawns associated with the street.
TEMPORARY
Typically more than transitory, but, unless otherwise specified herein, not exceeding five days in duration, and not recurring more than four times in a year. (Notwithstanding the provisions of this chapter, a temporary use may be subject to additional regulation pursuant to other provisions of the Code.)
TRANSITORY
Of fleeting or very limited duration and impact, typically not exceeding approximately one or two hours and often of shorter duration.
No person (who is not acting on behalf of the City of Ithaca or other authorized governmental agency), whether or not as adjacent owner or tenant, or agent for the same, shall create, erect or maintain or knowingly permit the creation, erection or maintenance of any encroachment or use that is not excepted by § 170-1, above, in, upon, over or beneath any public sidewalk, street or other real property owned by the City of Ithaca, without first obtaining and keeping in effect the appropriate, written easement, lease, license or permit therefor, from the appropriate City official, agency or board.
The following types of authorization shall be used in the implementation of this chapter:
A. 
Permit (typically for seasonal or other short-term use; revocable) for:
(1) 
Outdoor dining;
(2) 
Mobile vending; or
(3) 
Temporary, exclusive (or semi-exclusive) use of City parkland or natural area (e.g., pavilion reservation, filming, scientific project).
B. 
License (for up to one year, and/or revocable upon less than a year's notice; subject to other conditions) for:
(1) 
Encroachment (by adjacent owner), including merchandise display;
(2) 
Use by a nonadjacent party;
(3) 
A sign; or
(4) 
Concessionary use of public parkland.
C. 
Lease (where applicant is not an adjacent property owner, or applicant seeks a term of use or occupancy that exceeds one year; limited, by state law, to three years for parkland).
D. 
Easement, may be temporary (e.g., for adjacent construction) or permanent (for a pipeline or access), and subject to conditions; runs with the benefited land.
A. 
The authority to grant approval for a permit for a use located on the Primary or Secondary Ithaca Commons (for outdoor dining, mobile vending, events, exhibits, freestanding signs and temporary planters) is and shall be vested in the Board of Public Works or its designee, subject to the provisions of Chapter 157, Commons, of this Code.
[Amended 7-5-2017 by Ord. No. 2017-15]
B. 
The authority to grant approval for a permit for outdoor dining or for a mobile vending cart or vehicle at a location other than the primary or secondary Ithaca Commons is and shall be vested in the Superintendent of Public Works or his/her designee (for example, the City Clerk).
C. 
The authority to convey a permanent easement across or involving City land is and shall be vested in the Common Council, and no such easement shall be issued without the Council's approval.
D. 
The authority to grant approval for a lease for use of City property is and shall be vested in the Common Council, except that the Board of Public Works is hereby authorized to enter into nonrenewable leases for a term not to exceed one year, of non-park property not currently used or needed for other City purposes, consistent with the provisions of § 20, Subdivision 2-a, of the General City Law of New York State.
E. 
The authority to grant approval for temporary and exclusive (or semi-exclusive) use of City parkland or a City natural area shall be vested in the Superintendent of Public Works (or his/her designee).
F. 
The authority to grant approval for a license for any other use of or encroachment upon City real property (except for an encroachment upon parkland, or as otherwise specified herein) or for a temporary easement (not exceeding one year) is and shall be vested in the Board of Public Works. No such license or temporary easement shall be issued without a determination that the property is not currently used or needed for other City purposes, and a majority vote to approve or authorize the same, by the Board of Public Works.
G. 
The authority to grant approval of any easement across or license to encroach upon or make nontransitory use of parkland shall be vested solely in the Common Council.
H. 
The granting of any permit, license, lease or easement hereunder shall be solely at the discretion of the authorized officer, agency or board of the City of Ithaca, as set forth above. Nothing herein shall be construed to require the granting of such permit, license, lease or easement, nor shall any person be presumed to be entitled to such permit, license or lease, for any reason. The granting of any particular permit, license, lease or easement shall not be deemed to create a precedent binding upon any other application.
I. 
The authority to grant approval for a license exceeding one-year or renewal of an existing license for any telecommunication use of City property or right of way as described in the telecommunications articles of City Code, namely Article II of Chapter 152 and Article VA of Chapter 325, shall be vested with Common Council. Prior to review by the Department of Public Works and Board of Zoning Appeals as described in Chapter 152 and Chapter 325, each applicant proposing to use City property for telecommunication uses must have in place a fully executed standard license agreement governing the terms and conditions of use of City property and incorporating an annual use fee for the use of City property as set by Common Council. Each license granted under this subsection shall be revocable in the event of a change in federal or state regulations or statutes governing telecommunications.
[Added 10-6-2021 by Ord. No. 2021-07]
A. 
The leases, licenses and permits provided for by this chapter shall be in addition to any permit required by Chapter 146, Building Code Enforcement, or other provisions of this Municipal Code or applicable laws, rules or regulations of the City of Ithaca or State of New York, and shall not release any person from any duty or liability imposed by the State Uniform Fire Prevention and Building Code or any other applicable provision of this Municipal Code or others laws, rules or regulations of the City of Ithaca or State of New York.
B. 
Requests for encroachments associated with City tax parcels 70.-5-1 and 70.-2-22, and encroachments that project beyond the line established by the pedestals that project from the building at tax parcel 70.-4-5.1, running easterly along the face of the building at tax parcel 70.-4-5.1 and continuing past tax parcel 70.-4-4 to the intersection of South Aurora Street, shall be reviewed by the Fire Chief prior to granting.
C. 
The placement of public art upon City-owned property is regulated by Chapter 8, Article III, Community Life Commission, of this Code, rather than by this chapter.
[Amended 7-5-2017 by Ord. No. 2017-15]
D. 
Requests for permits for parades, certain types of assemblages, and special events (that are not more than temporary, as that term is defined herein) are addressed in Chapter 132, Assemblies and Parades of this Code, rather than in this chapter.
E. 
Requests for permits for circuses or carnivals are addressed in Chapter 155, Circuses and Carnivals, of this Code, rather than in this chapter.
F. 
Requests for outdoor dining, mobile vending and certain other uses on the Ithaca Commons are also subject to the regulations set forth in Chapter 157, Commons, of this Code.
G. 
Requests for licenses for peddling and soliciting are addressed in Chapter 232, Licensing of Businesses and Occupations, Article V, of this Code, rather than in this chapter.
H. 
The placement of newsracks upon City sidewalks is regulated by Chapter 237, Newsracks, of this Code, rather than in this chapter.
I. 
Requests for permits for temporary street openings, sidewalk and driveway repair, and use of a street or sidewalk during construction or demolition, are addressed in Chapter 342, Streets and Sidewalks, of this Code, rather than in this chapter.
A. 
Any person seeking or requiring an easement, lease, license or permit for the use of City real property for outdoor dining at a location other than on the primary or secondary Ithaca Commons, mobile vending at a location other than on the primary or secondary Ithaca Commons, merchandise display adjacent to that person's business, at a location other than the primary or secondary Ithaca Commons, temporary, exclusive (or semi-exclusive) use of City parkland or natural area, concessionary use of City parkland, or any other use of City real property (including land, structure or air space) that is not excepted from regulation herein by § 170-1 of this chapter, shall complete and submit to the Superintendent of Public Works a written application in the form provided by the Department of Public Works, together with any required documentation and application fee. If an applicant fails to provide a required application fee, the applicant shall be notified that the application will not be processed until the fee is received.
B. 
Any person seeking or requiring a permit for outdoor dining on the primary or secondary Ithaca Commons, or mobile vending on the primary or secondary Ithaca Commons, or merchandise display adjacent to that person's business, on the primary or secondary Ithaca Commons, shall complete and submit to the City Clerk a written application in the form provided by that department, together with any required attachments and application fee. If an applicant fails to provide a required application, documentation or fee, the applicant shall be notified that the application will not be processed until the fee is received.
C. 
The Superintendent or City Clerk may require the applicant to provide a copy of a survey or other appropriate drawing showing an existing or proposed encroachment, or requested use.
D. 
The Superintendent shall determine whether an application is properly treated as a request for a temporary easement, permanent easement, lease or license, and whether it involves the use of public parkland.
E. 
The Superintendent shall determine whether the requested encroachment or use interferes with any public works functions or needs, and whether any conditions should be attached to any granting of an easement, license or lease.
F. 
With regard to any application for a license related to the properties listed in § 170-6B above (or other such properties so identified by the Fire Chief), the Superintendent shall provide a copy of the same to the Fire Chief, for review and recommendation.
G. 
The Superintendent and the City Clerk shall provide a copy of any easement, lease, license or permit application, together with any attachments, the Department Head's determination regarding interference with public works functions, and any recommended conditions, to the City Attorney, for review.
H. 
The City Attorney shall determine whether there are any legal issues involved with the application.
I. 
An application may be denied by staff on the basis of a public works, public safety, environmental or legal concern, or if the proposed use would not be in the public interest. In that case, the applicant shall be notified in writing of the denial and the reasons therefor, and of the right to resubmit a modified application or to appeal the denial. (See § 170-7L, below.)
J. 
If an application for a license or temporary easement is not denied by staff, the City Attorney shall prepare a proposed resolution to grant the license, including a description of any conditions to be associated with the license, for consideration by the Board of Public Works, and the Superintendent shall cause the resolution to be placed on the agenda of the next meeting of the Board at which time allows for such consideration.
K. 
If an application for a permanent easement or a lease is not denied by staff, the City Attorney shall submit the application to the City Manager, together with any staff recommendations, for consideration by Common Council.
[Amended 11-3-2021 by Ord. No. 2021-09]
L. 
An appeal of a staff denial of an application for a lease, license, easement or permit shall be in writing, must include copies of the application (and any attachments) and the denial notice, and the grounds for the appeal, and shall be submitted to the City Manager within 15 days of the applicant's receipt of such denial. If the City Manager grants the appeal, the application shall be remitted to the Board of Public Works or the Common Council, as appropriate per this chapter, for consideration. In any case, as noted above, whether to grant such application shall be in the sole discretion of the City.
[Amended 11-3-2021 by Ord. No. 2021-09]
In no case shall any encroaching structure or thing or permitted use be erected or maintained within 24 inches of the curbline or of any portion of a public street or right-of-way that is used for vehicular travel. The Superintendent of Public Works shall have the power and authority to effect the immediate removal of any encroachment or use which projects closer than 24 inches to such traveled way, such removal to be accomplished by the most expeditious means, at the Superintendent's discretion; and in the instance when such removal is made by or on behalf of the City, the permittee or owner benefited by such encroachment shall be liable for full reimbursement of the City's cost of removal of the same, together with the cost of restoration of the site to a safe and appropriate condition and an administrative surcharge of 25%.
A. 
A license for encroachment or permit for other use of City land shall be in the form of a legally binding agreement signed by the City and by the owner of the encroaching property or other user or permittee. Such license or permit shall specify the name, address and contact information of the person to whom the license or permit has been issued, the location of the premises and the encroachment(s) or use(s) permitted. Each license shall cover only the encroachment(s) associated with one adjacent lot.
B. 
The City, through the City Manager or Superintendent, specifically reserves the right to revoke any permit or license if conditions warrant. Each license is revocable by the City in the event of an emergency, or upon no more than three months' notice (or such other period as is specified in the license or permit) to the licensee or permittee or upon failure of the licensee or permittee to comply with any term in the license or permit. Sufficient reasons to revoke a license or permit include but are not limited to insufficient maintenance by the licensee or permittee such that the encroachment or permitted use is rendered unsafe; or changes in the use of streets or sidewalks such that the encroachment or use has been rendered a public nuisance. The Superintendent shall notice the owner of the encroachment or permittee of the decision to revoke the license or permit and shall fix a reasonable time for removal of the encroachment or use, by the licensee or permittee, that is appropriate to the reason for the removal. Any person aggrieved by a decision of the Superintendent may file an appeal with the Board of Public Works, within 15 days of the receipt of the removal notice. The revocation notice shall include notification to the encroachment owner of the right to appeal and the time limitation for commencing an appeal.
[Amended 11-3-2021 by Ord. No. 2021-09]
C. 
A licensee or permittee may terminate a license or permit upon prior written notice to the Superintendent of at least 30 days. Such termination shall not relieve the licensee or permittee from any continuing obligations specified in the license or permit (such as restoration of the occupied site). Any prorated refund of the use fee for time not used due to the termination shall be contingent upon satisfaction of all conditions of the license.
D. 
Terms that shall be incorporated into any license or permit shall also include but are not necessarily limited to the following:
(1) 
The licensee or permittee shall be required to keep in place at all times personal injury liability insurance coverage, in the sum of at least $1,000,000 (or other appropriate amount as required by the City), upon the owner's property and the encroachment or use, at the owner's sole cost, and shall ensure that the City is named therein as an additional insured. The owner shall provide proof of such insurance coverage at the time of issuance of the license, and of the continuation of such coverage, on an annual basis, as required by the license or permit.
(2) 
The licensee or permittee shall be required to indemnify and hold harmless the City from any loss, injury, damage or claim arising out of the use of the encroachment or the City property encroached upon or due to the negligence or fault of the owner in connection with the encroachment or permitted use, including any costs or reasonable attorney's fees incurred by the City in its defense against such claims.
(3) 
The licensee or permittee shall be required to maintain the encroachment or permitted use in good, sound, serviceable condition, such that it poses no safety hazard to users of adjacent public areas and is consistent with the requirements of § 170-8 herein, and to repair any encroaching or permitted structure or thing, as directed by the City, or to remove it, within the time stipulated. The owner shall be required to agree that in the event of the owner's failure to repair as directed or remove, the City may repair or remove the encroaching structure or thing and to invoice the owner for the cost, plus an administrative surcharge of 25%.
(4) 
Every licensee shall be responsible for restoring the site used pursuant to the license or permit to its prior condition, upon the conclusion of said use or upon termination of the license or permit, which first occurs. Any damage to the site or any trash, litter or debris remaining on the site following said use shall be presumed to have been caused by the licensee or permittee, and, if the licensee or permittee fails to rebut said presumption or to repair the site or remove the materials, within five days of notice to do so, a charge may be levied upon the licensee or permittee, by the City, for the cost to remove the materials, plus an administrative surcharge of 25%.
(5) 
A license for encroachment shall be transferable to a new owner of the adjacent property served by the encroachment. A permit is not transferable without the City's consent.
A. 
Application and renewal fees. A schedule of application and (where relevant) renewal fees for the easements, licenses and permits described in and regulated by this chapter shall be established and modified from time to time by the Board of Public Works, by resolution, except that the application fee for a sign permit shall be established pursuant to Chapter 272 of this Code. Such application fees shall be nonrefundable. A renewal fee shall be required only if the expenditure of additional, nonegligible City staff time or resources is required in connection with the renewal. Until such schedule is initially established by the Board of Public Works, the application and renewal fees for the uses regulated herein, that were in place immediately prior to the amendment of this chapter (and of Chapters 232 and 285) on May 6, 2009, shall remain in effect.
B. 
Annual use fee for a license or permit; incorporation of cost of any property taxes assessed as a result of such use; procedure for appeal of appraised value. Commencing January 1, 2010, and except as otherwise provided for herein, the annual use fee for a license or permit to use City land, unless waived, shall be based upon the fair rental value of the encroached-upon land or the type of land to be occupied pursuant to the permit, as such value is determined by the City or its approved agent, through an appraisal process conducted at least once every five years (which process shall be subject to approval of the Board of Public Works), and shall include the cost of such appraisal (which the City may, in its discretion, apportion over a period of years or a number of similar properties), and the City's cost of administering the license or permit. The City may apply the same rate (per square foot) for all properties of a similar type (e.g., any outdoor dining or mobile vending cart on the primary Ithaca Commons, or on a particular block). In the event that reappraisal does not occur in a timely manner, the fair rental value shall be presumed to remain the same as determined, by the City, for the fifth year since the previous appraisal process, until modified by a new appraisal. The use fee for a permit for outdoor dining, mobile vending or merchandise display shall be prorated, based on the portion of the year for which the permit is granted. The annual use fee shall be due upon the initial issuance of a license or permit, and by or upon the anniversary date, in the event of a renewal. In the event that the tax-exempt status of the premises to be licensed is affected as a result of the licensed use, any property taxes assessed against the City for the premises shall be incorporated into the annual fee for the license year following the reclassification of the premises for tax purposes. Any license or permit holder shall be entitled to dispute and appeal the fair rental value as determined by the aforementioned appraisal process, by describing in writing and in detail the grounds for such dispute, which appeal shall be considered and determined by the Board of Public Works within 45 days of its submission to the Superintendent of Public Works. Until January 1, 2010, all annual or other fees for the uses of City property regulated herein, that were in place immediately prior to the amendment of this chapter (and or Chapters 232 and 285 of this Code) on May 6, 2009, shall remain in effect.
C. 
Waiver or other prorating of annual use fee. The annual use fee:
(1) 
Shall be waived for a minor or temporary encroachment;
(2) 
May be waived or modified, in the sole discretion of the Board of Public Works, in certain cases, including but not necessarily limited to those where the City is not inconvenienced or constrained by the existence of the encroachment, where the encroachment has existed for a substantial period of time without objection by the City, and/or where the value of the encroached-upon land to the City appears to negligible;
(3) 
May be prorated (at the discretion of the involved Department Head) where the licensee or permittee, on notice to the City, terminates the use prior to the expiration date of the license or permit.
D. 
At the discretion of the City, the annual use fee schedule may be adjusted for each year (or portion of a year) that the license or permit is renewed, by an amount up to the amount of the increase in the consumer price index since the establishment or previous change in the fee (whichever is more recent). Such adjustments may be made for up to four years without a new or updated appraisal. If the City does not notify a licensee or permittee, in writing, of an adjusted fee, by February 1 of any year, the fee for the previous year shall apply.
E. 
All licenses and renewals thereof (not including permits) shall expire on the first day of April in each year following their date of issuance or renewal, it being the intention that such licenses and renewals thereof shall be valid for a period not to exceed one year.
F. 
If a licensee does not notify the City, in writing, by March 1 of a subsequent year of the licensee's intention not to renew the license, and the City does not notify the licensee by March 1 of a subsequent year of its intention not to renew the license, the license shall be deemed to be renewed for the subsequent year, and the annual use fee for such renewal period, unless and until the license is duly terminated by the licensee, shall thereby become due and payable. In the case of permits for outdoor dining or mobile vending, there shall be no automatic renewal of such permit; such permit shall be deemed to be expired unless a new application therefor has been submitted and approved.
G. 
In the event that the annual use fee for a renewed license remains unpaid for more than one month after the renewal date, the City Chamberlain shall notify the licensee and (if different) the adjacent, encroaching property owner of the delinquency. Any annual use fee for a license that remains unpaid at the next lien date for City taxes, notwithstanding such notice, shall thereupon become a lien against the adjacent real property of the licensee (or, as the case may be, of the licensee's landlord), and may be collected as provided by law.
[Amended 11-3-2021 by Ord. No. 2021-09]
Where the use of City land requires a lease or permanent easement (pursuant to this chapter), such lease or easement shall be in the form of a legally binding agreement signed by the City Manager and the tenant or easement beneficiary, and shall be drafted and/or reviewed by the City Attorney prior to execution. The terms of such leases and easements shall be particular to the situation, for reasonable and proper consideration, and, unless otherwise specified herein (or by Common Council), subject to the approval of Common Council. 
A. 
Permit required for use of sidewalk or street. No person shall place, suspend or cause to be placed or suspended any goods, wares or merchandise in any public sidewalk or street in front of or alongside of his/her/its place of business, except upon written application for and approval of a permit (subject to the conditions specified in Subsection C, below) by the following:
(1) 
For property that is part of the Ithaca Commons: the Board of Public Works, pursuant to Chapter 157 of this Code;
[Amended 7-5-2017 by Ord. No. 2017-15]
(2) 
For other property:
(a) 
For temporary use (not to exceed four days in any six-month period): the Superintendent of Public Works or his/her designee;
(b) 
For nontemporary use: the Board of Public Works.
B. 
Factors to be considered. In considering whether to grant such approval, the Board of Public Works or the Superintendent may, in their discretion, consult with other appropriate City officials and boards, and shall consider the following factors:
[Amended 7-5-2017 by Ord. No. 2017-15]
(1) 
Whether the proposed display will be set up in a manner that maintains sufficient space for unencumbered pedestrian passage along the sidewalk ;
(2) 
Whether there will be adequate supervision of the display by the business;
(3) 
Whether all appropriate safety concerns are addressed;
(4) 
Whether the display will be removed from the public street or sidewalk at the close of the hours of operation of the business.
C. 
Conditions.
(1) 
No permit shall be issued for a period in excess of one year.
(2) 
Any permit may include such additional conditions which the issuing official or body may deem necessary or appropriate.
(3) 
All permits shall be subject to the fees set forth in § 170-10, above.
A. 
The provisions of this section shall be enforced by the Director of Planning and Development or designee and, as applicable, the Fire Department.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
B. 
Any person who seeks to construct, install or maintain an awning, canopy, sign, marquee or other building projection such that it constitutes an encroachment upon City property, shall require a license, as described herein. Any such awning, canopy, sign, marquee or other building projection for which an application for construction, installation or substantial replacement is received, after the effective date of the amendment of this chapter that was enacted on May 6, 2009, shall also require a building permit from the Department of Planning, Building and Development and shall be subject to the provisions of this section. The Director of Planning and Development or designee may require the submission of drawings or other materials prior to ruling on the request for such a building permit.
[Amended 6-5-2013 by Ord. No. 2013-15[2]]
[2]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
C. 
Awnings. No person shall place or maintain any awning over any sidewalk unless the same shall be supported by metal rods and a frame. Every part of such awning and the supports therefor shall be at least seven feet above the sidewalk except for a nonrigid valance hanging no more than one foot below the rigid frame. Following the granting of a license for encroachment, the installation of a standard awning shall not require the review of any other City agency other than the Director of Planning and Development or designee, except for installations normally within the purview of the Ithaca Landmarks Preservation Commission or which are associated with properties described in § 170-6B, above.
[Amended 6-5-2013 by Ord. No. 2013-15[3]]
[3]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
D. 
Signs; signs on awnings or marquees.
(1) 
Generally. No person shall place or maintain over or above any street in front of or alongside of his/her building or lot any sign which shall project over or above said street more than 18 inches from the building face, as provided in Chapter 272, Signs.
(2) 
Signs on awnings or marquees. Signs giving the name of a business or establishment occupying the premises to which an awning or marquee is attached may be placed on the front and sides of such awning or marquee. The symbols constituting such signs shall be painted, sewn, welded, bolted or otherwise securely attached to such awning or marquee and may be movable as in the case of movie marquees. The area required for such signs shall be considered to be a part of the total sign area which may be allowed the premises on which it is located, as set out in Chapter 272. Such signs shall not project more than 18 inches from the surface of the awning or marquee on which they are mounted, nor shall they in any instance project beyond the limits set forth in § 170-8, above.
(3) 
Fees for signs on awnings or marquees. Signs added to or erected on awnings, marquees or other projections from any building shall be subject to the regular permit fees for signs so set forth in Chapter 272. Where any such sign projects from the surface of any such marquee, awning or other projection which, in itself, constitutes an encroachment as defined herein, each such projecting sign shall be considered to be an additional encroachment and shall be subject to any applicable annual use fee as provided for in § 170-10, above.
E. 
Marquees, canopies and other building projections; location and installation specifications.
(1) 
Marquees or canopies with a structural metal framework may be placed over the entrances and fronts of stores, theaters and hotels and may extend to within 18 inches of the curb only on streets where the sidewalk occupies the entire space from the building line to the curb. The top, front and sides of such structures may incorporate wire glass, shatterproof glass or other safe transparent or translucent material intended to admit light to the sidewalk below or to allow illumination of any sign attached to or behind the front or sides of the marquee. The lowest edge of any marquee, canopy, sunscreen or other projection shall not be less than 9.5 feet above the sidewalk, provided that the lowest edge of any portion of any marquee or canopy that is located within four feet of the building shall not be less than eight feet above the sidewalk. Such structures must be securely fastened to the building, supported as to outward projection by means of the rods or chains securely fastened both to the structure of the marquee or canopy and to the structure of the building above it. Ornamental iron or steel brackets may also be included in the design of such marquees and may extend down on the wall of the building to a point not less than eight feet above the sidewalk at the wall of the building. Electric lights may be used in the illumination of marquees.
(2) 
The installation of a standard canopy shall not require the review of any City agency other than the Director of Planning and Development or designee, except for installations normally within the purview of the Ithaca Landmarks Preservation Commission or which are associated with the properties described in § 170-6B, above.
[Amended 6-5-2013 by Ord. No. 2013-15[4]]
[4]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
F. 
Conditions prerequisite to installation and operation of awnings, canopies, marquees or other building projections. A condition of any permit granted by the Building Commissioner for an awning, canopy, marquee, or other projection shall be that, upon removal of the encroachment, any damage caused by its installation shall be repaired to restore the building's historic facade to its original and/or its historic condition.
G. 
Disapproval of design by the Director of Planning and Development or designee; appeal. Should the Director of Planning and Development or designee disapprove the design of a proposed awning, canopy, marquee or other building projection, for any reason, he/she shall notify the applicant by the most expedient means, stating the reasons for such disapproval. In the event that no agreement on an acceptable design is reached between the applicant and the Director of Planning and Development or designee, the applicant shall have the right to appeal the decision of the Director of Planning and Development or designee to the Planning and Development Board, unless the property in question has been designated an historic landmark or is within an historic district, in which event the appeal shall be to the Ithaca Landmarks Preservation Commission. In issuing its determination, the Planning and Development Board or the Ithaca Landmarks Preservation Commission, as the case may be, may solicit the opinions of the Superintendent of Public Works, the Police Chief or the Fire Chief.
[Amended 6-5-2013 by Ord. No. 2013-15[5]]
[5]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
Any person who violates any provisions of this chapter shall be punished as provided in Chapter 1, General Provisions, Article I, Penalties, of this Code.