[Adopted 1-4-2011 by L.L. No. 2-2011; amended 12-12-2022 by L.L. No.
18-2022]
The Limited Historic Commercial (LHC) Overlay District promotes
the preservation, protection, and enhancement of significant historic
structures in the Town of Ithaca by enabling more flexibility of the
allowed uses of historically significant structures, and their associated
property, than what the underlying zone would normally allow. In providing
more reuse options, the intent of the Limited Historic Commercial
Overlay District is to help make preservation efforts more financially
feasible.
A.
The LHC Overlay District works by being superimposed on an underlying
base zoning district. The Overlay District identifies requirements
that apply in addition to (or instead of) those in the base zone.
Regulations for the Overlay District apply if overlay and base zone
regulations conflict.
B.
The Town Board may create a Limited Historic Commercial Overlay District upon application for a specific proposal, following the rezoning procedures in Article XXII, Procedures for Creation of New Zones. Such rezoning to create an Overlay District will be considered only for:
(1)
Buildings or structures that are listed on the New York State
and/or National Registers of Historic Places; or
(2)
Buildings or structures that have been determined to be eligible
for listing on said Registers of Historic Places; or
(3)
Buildings or structures that have been identified as potentially
significant in the Town of Ithaca Historic Resources Survey (Final
Report for the Intensive Level Survey, September 2005, as it may be
revised or updated from time to time).
C.
An application for an LHC Overlay District must include the following
elements:
(1)
A narrative description and justification for the request, to
include the following:
(a)
Historical significance of the property.
(b)
Description of proposed limited commercial use(s) and feasibility
of using the building and site for the proposed use.
(c)
Compatibility with neighboring and nearby properties and uses.
(d)
How the proposal will help promote and facilitate the preservation
and enhancement of the historical property.
(2)
Conditions assessment performed by a design professional (an
architect, certified building inspector, or civil/structural/architectural
engineer) preferably having historic preservation experience, to evaluate
and document the exterior of the building(s) and site conditions relative
to historical and structural integrity. It is the owner's responsibility
to hire and pay for the design professional. Exterior and site character
defining features to be assessed include, but are not limited to,
the following:
(a)
Cladding materials, including trim, architectural details, and
attachments.
(b)
Windows and doors, including panes and trim.
(c)
Roof, including gutters and chimney.
(d)
Decks, porches, and/or balconies.
(e)
Grounds specific to elements that are relevant to the historic
integrity, such as fences.
(3)
Preservation plan.
(a)
An approved preservation plan commits the property owner to
goals and actions intended to ensure that benefits derived from the
Limited Historic Commercial Overlay District rezoning continue to
facilitate the preservation and protection of the property's historical
and structural integrity. The preservation plan must be approved by
the Town Board and its implementation must be a condition of any Overlay
District approval. The preservation plan is composed of the following
components:
[1]
A plan for addressing and remedying any deficiencies
identified in the property site assessment, along with a timetable
for completing the repairs, restoration, and/or stabilization that
the assessment deemed necessary.
[2]
A plan for addressing long-term maintenance and
upkeep of the property, and any changes or additions to buildings
and other historical resources, to ensure the historical and structural
integrity of the grounds and building(s).
[3]
Landowner consent to enter the grounds for annual
or biennial exterior inspections. This consent provides the right
for the Town official to enter the property following notification
(written or verbal) to a property owner of the inspection.
(b)
Proposed modifications to the preservation plan may be approved
by the Director of Code Enforcement, except the following modifications
must be approved by the Town Board:
[1]
Modification for proposed alterations (including,
for example, materials and architectural elements to be utilized)
which, in the judgment of the Director of Code Enforcement or designee,
may adversely change the historic character and/or appearance of the
building and/or site.
[2]
A request to extend any milestone in the preservation
plan timetable by more than three years.
[3]
Modifications which, in the judgment of the Director
of Code Enforcement, warrant Town Board approval due, for example,
to the unique nature, size, or significance of the modification.
D.
Overlay District enactment and compliance with preservation plan.
After the Overlay District is created, it stays in effect as long
as the preservation plan conditions are met.
(1)
Compliance confirmation letters:
(a)
Compliance confirmation letter will be submitted to the property
owner(s) following an inspection confirming satisfactory implementation
of the plan components addressing deficiencies identified in the initial
site assessment.
[1]
Codes Department staff will conduct annual progress
inspections while deficiencies are being addressed and will have authority
to enter grounds for exterior inspection.
(b)
Thereafter, compliance confirmation letters will be submitted
to the property owner every two years following a biennial property
inspection for properties determined to be satisfactorily implementing
their preservation plans.
E.
Automatic Overlay District dissolution.
(1)
The Overlay District is automatically dissolved if:
(a)
The historic buildings or structures are demolished, or the
historic buildings or structures are destroyed in whole or part by
any means so that the destruction exceeds 50% of the assessed values
of the buildings or structures in effect before the destruction, or
(b)
The historic buildings or structures in the zone lose any historic
designation or eligibility for listing, if applicable.
Permitted principal uses, and related performance standards
and special requirements in the base zone, apply in an LHC Overlay
District. The uses in the following table are also allowed. These
provisions consider each of these principal uses as if it stands alone,
even if that use is functionally integrated with other defined uses.
Example: if a private club serves food or drinks onsite, these provisions
consider the club and food/drink service (restaurant/bar) as separate
uses, each subject to conditions for that use.
|
Use
|
Conditions
|
|---|---|
|
(all uses below)
|
• Special permit: Special permit review and
approval (Planning Board) are required for any of these uses (except
conversion of a non-residential building to a residential use) in
C, AG, LR, LDR, MDR, HDR, and MR base zones.
• Site plan review: Site plan review and approval (Planning Board) are required when provisions in Article XXIII require them.
• Size/floor area: If the base zone also allows
one of the uses in this table, maximum floor area in the base zone
requirements applies. Otherwise, maximum floor area is limited to
the gross floor area of the principal building at the time of Overlay
District creation. Uses that may expand beyond this area (subject
to site plan review and approval) are noted.
• Off-site impacts: Externalities (noise,
vibration, odor, glare) from normal activity must not be detectible
past the property line in C, AG, LR, LDR, MDR, HDR, and MR base zones.
This does not apply to normal outdoor activities (examples: people
arriving and leaving, playing outdoors, maintenance and groundskeeping).
All other related performance standards for the use in the Town Code
also apply.
|
|
1) Residential principal uses
| |
|
Dwelling unit
Separate living quarters for living, sleeping, cooking, eating,
bathing, and sanitation by a family.
|
• This use does not need a special permit.
• A principal building may have 1 principal dwelling unit
per 600'2gross floor area that meets the
definition of "habitable space" in the International Residential Code).
This does not apply to buildings that
 are new, or  do not meet the criteria
in 270-142.3B. |
|
Live-work dwelling unit
Principal dwelling unit, with connected purpose-built space
on the ground floor for an allowed nonresidential use
|
• Area: < 500'2 GFA for a nonresidential use, on the 1st story, with a public entrance
separate from living areas.
• Occupancy: The dwelling unit must be the proprietor's
principal residence.
• Time: Business hours > 8:00 a.m.
to < 8:00 p.m.
• Use: A nonresidential use in a live-work unit may only
be one of the uses below as defined elsewhere in this section.
• Day care center
• Personal service
• Professional office
|
|
2) Lodging principal uses
| |
|
Inn
Facility with guest rooms for overnight stays by paying guests.
An inn has an owner or manager that lives onsite and is available
to respond onsite within 60 minutes in the event of temporary absences.
|
• Guest room occupancy may only be on a daily or longer
basis.
• Number of guest rooms may be 1 for every > 500'2 of habitable floor area (in the
building, rounded down).
|
|
Short-term rental uses
See 270-5 and 270-219.7 for definition and base requirements.
|
• Provisions in 270-219.7 that do not apply in the LHC
Overlay District include D(2), E(2)(b), E(2)(e) and Subsection F.
• A principal building may have 1 dwelling unit used for
short term rental use. For example, in the case of two principal buildings,
each may have one dwelling unit used for short-term rental use.
• A unit may be used for unhosted short term rental uses
year-round with no maximum time limit for occupancy, subject to special
permit review and approval.
|
|
3) Commercial principal uses
| |
|
Day care center
Any of these services to unrelated children or adults in a protective
setting.
• Child day care (18 NYCRR Subpart 418-1), small day care
(18 NYCRR Subpart 418-2), school aged child care (18 NYCRR Part 414).
• Adult day health care (10 NYCRR Part 425), social adult
day care (9 NYCRR § 6654.20).
| |
|
Mixed residential/commercial
Residential and commercial uses sharing the same building or
lot.
|
• A residential use must meet the definition and conditions
of a dwelling unit as a principal use. (See table category 1: Residential
principal uses).
• A commercial use is limited to professional office uses
in this table category (3: Commercial principal uses).
• Maximum employees for commercial uses is 1 per 400'2 of gross leasable area, rounded down.
• Business hours for a commercial use may only be > 7:00 a.m. to < 9:00 p.m.
|
|
Personal service
Providing an intangible product or service to the public or
customers onsite.
|
• Does not include
repair or modification
of tangible products, or services related
to building or mechanical trades, unless the base zone allows these
(1 and 2). |
|
Professional office
Business, administrative or professional offices and facilities;
medical, dental, and health and wellness practices not involving any
overnight occupancy; municipal or other governmental offices.
| |
|
Retail use
Onsite sale or rental of a physical product to the public.
|
• Limited to arts/crafts/design studios or galleries. Other
types of retail uses are not allowed, unless the base zone allows
it.
|
|
Restaurant/cafe/bar
Preparing or serving meals or drinks to customers onsite or
delivery offsite.
|
• Allowed only on a lot that fronts a major or minor arterial
road (Tompkins County Highway Functional Classification). Drive-throughs
are prohibited.
|
|
Retreat/event venue
Use of land and designated structures for gatherings or events
(examples: wedding, private party, fundraiser event, training event,
conference reception).
|
• Allowed only on a lot that fronts a collector road, or
major or minor arterial road (Tompkins County Highway Functional Classification).
|
|
4) Civic principal uses
| |
|
Community workshop
Facility for people to learn, experiment, invent, or make things
using shared tools and resources, in a collaborative setting. (Examples:
makerspace, hackerspace, community kitchen.)
| |
|
Cultural facility
Facility for display, performance, or enjoyment of heritage,
history, arts, or sciences. (Examples: museum, non-commercial gallery,
library, visitor center, indoor arts performance venue by a public
or private entity.)
|
• May expand beyond the gross floor area of the principal
building at the time of LHC Overlay District creation, subject to
site plan review and approval.
|
|
Place of assembly
Facility used for public/resident assembly for worship, meeting,
government, or community purposes. (Examples: religious or secular
congregation, community center, common house, amenity center.) This
includes typical ancillary uses. (Examples: meeting room, kitchen,
exercise room, laundry room, workshop, day care center, offices.)
|
• May expand beyond the gross floor area of the principal
building at the time of LHC Overlay District creation, subject to
site plan review and approval.
|
|
Private club/lodge
Facility of a private club or organization, mostly open only
to club members and their guests. (Examples: service or lodge based
organization, social club, veterans' club, labor union.)
| |
|
School: primary/secondary
NYS recognized school for primary or secondary (K-12) education.
|
• May expand beyond the gross floor area of the principal
building at the time of LHC Overlay District creation, subject to
site plan review and approval.
|
Base zone permitted accessory uses, and related performance
standards and special requirements in the base zone, apply in an LHC
Overlay District.
A.
Minimum and maximum setback and height requirements in the base zone
apply on lots in an LHC Overlay District.
B.
A structure with historic designation but legal nonconforming setback
or height may be renovated, expanded, moved, or used more intensively,
if nonconforming aspects are not made worse. Example: a building with
a nonconforming ten-foot front setback may be expanded, but the addition
cannot be closer to the front lot line than any other part of the
building.
In addition to the additional special requirements in § 270-122, the following special requirements also apply in a Limited Historic Commercial Overlay District:
A.
Building conversions, alterations, additions, reconstructions, repairs, signs, and other site elements shall be compatible with the historic and architectural character of the buildings or structures that have been designated or identified as having historic significance as outlined in § 270-142.3. This requirement shall apply to the exteriors of buildings, structures and site elements, not to their interiors.
A.
Inspection by Code Enforcement Officer; report to the Town Board.
When in the opinion of the Code Enforcement Officer, a property having
a Limited Historic Commercial Overlay District designation is deemed
as not in compliance with the preservation plan because:
(1)
The preservation plan is not being implemented and repairs are
being neglected and deterioration of the property is visibly occurring,
or
(2)
The preservation plan is not being implemented because exterior
building alterations, additions, reconstructions, or repairs jeopardize
the historical significance and designation of the structure, the
Code Enforcement Officer shall report in writing to the Town Board
the officer's findings and recommendations.
B.
The Town Board will consider the report and, if it finds from the
report that there are grounds to believe that the preservation plan
is not being followed the Town Board, by resolution, shall order dissolution
of the Limited Historic Commercial Overlay District, at which time
the property will revert to its underlying zoning designation. The
Town Board shall further order that a notice of the order and of the
related upcoming public hearing shall be served on the owner or some
one of the owner's executors, legal representatives, or any other
person having a vested or contingent interest in the property, either
personally or by registered mail addressed to the last known address,
if any, of the owner or some one of the owner's executors, legal representatives,
agents, lessees or other person having a vested or contingent interest
in same, as shown by the records of the receiver of taxes and/or in
the office of the County Clerk or County Register.
C.
Contents of notice. Said notice shall contain the following information:
(1)
A description of the premises.
(2)
A statement describing how the preservation plan is not being
followed.
(3)
The Town Board's order requiring compliance with the preservation
plan pursuant to a specified timetable.
(4)
A statement that a hearing will be held before the Town Board
at a time and place specified in the notice, at which hearing the
owner and such persons having an interest in the property or structure
may contest the order, and that in the event such owner or persons
having an interest shall fail to contest successfully such order or
fail or refuse to comply with same or with any amended order that
the Town Board may issue after the hearing, the Town Board will dissolve
the Limited Historical Commercial Overlay District, and the property
will revert to its underlying zoning designation.
D.
Hearing. At the time and date specified in the notice to repair or
restore the property the Town Board shall conduct the public hearing.
It may adjourn from time to time until the hearing is completed and
until all interested parties that make reasonable attempts to participate
are heard. At the conclusion of the hearing, the Town Board shall
determine to revoke the order; or continue or amend said order and
direct the owner and other persons to complete the work within a specified
time which shall be reasonable as to the time needed to perform the
work.
