[Amended 4-1-1981 by Ord.
No. 81-2; 9-5-1984 by Ord. No. 84-15; 7-10-1985 by Ord. No. 85-6; 11-6-1985 by Ord. No. 85-11; 11-6-1985 by Ord. No. 85-14; 2-4-1987 by Ord. No. 87-2; 5-6-1987 by Ord. No. 87-13; 7-8-1987 by Ord. No. 87-16; 11-14-1989 by Ord. No. 89-16; 1-8-1990 by Ord. No. 90-2; 8-5-1992 by Ord. No. 92-9; 11-4-1992 by Ord. No. 92-15; 11-4-1992 by Ord. No. 92-16; 1-14-1993 by Ord. No. 93-2; 10-6-1993 by Ord. No. 93-19; 9-6-1995 by Ord. No. 95-10; 1-8-1997 by Ord. No. 97-1; 5-7-1997 by Ord. No. 97-6; 7-1-1998 by Ord. No. 98-11; 12-2-1998 by Ord. No. 98-30; 12-6-2000 by Ord. No. 2000-12; 12-3-2003 by Ord. No. 2003-20; 5-4-2011 by Ord. No. 2011-08; 7-6-2011 by Ord. No.
2011-11; 10-5-2011 by Ord. No. 2011-13; 12-7-2011 by Ord. No. 2011-16; 6-6-2012 by Ord. No. 2012-03; 6-5-2013 by Ord. No. 2013-15;[1] 6-6-2018 by Ord. No.
2018-06; 7-3-2019 by Ord. No. 2019-15]
[1]
Editor’s Note: This ordinance provided an effective
date of 1-1-2014.
A.
Intent. The intent of this section is to set forth regulations and
conditions which shall apply to certain land uses and activities which
are incongruous or sufficiently unique in terms of their nature, location
and effect on the surrounding environment and the quality of the community
to warrant special evaluation of each individual case.
B.
Applicability.
(1)
The uses listed under the district regulations in § 325-8, District regulations, which require a special permit from the Planning and Development Board, are as follows:
(a)
Accessory apartments in all R-1, R-2, CR-1, and CR-2 Districts.
(b)
Cemeteries in all districts.
(c)
Public utility facilities in all districts.
(d)
Schools and related uses in all residential districts.
(e)
Nursery schools or child day-care centers in R-2, CR-2 and R-U
Districts.
(f)
Neighborhood retail or service commercial facilities in R-2,
R-3, CR-2, CR-3, and CR-4 Districts.
(g)
Hospitals or sanatoriums in R-3, CR-3, and CR-4 Districts.
(h)
Any use other than public recreation, classrooms, or living
accommodations in P-1 Districts that are located within 200 feet of
adjoining residential districts.
[1]
In such P-1 Districts, living accommodations within 200 feet
of an adjoining residential district shall conform to the use and
area regulation applying to the strictest adjoining residential district.
(i)
Home occupations in all residential districts, unless the home
occupation meets all of the following criteria:
[1]
The occupation does not carry a stock of merchandise or store
materials for resale or use in the occupation, except for a reasonable
quantity of office supplies incidental to a small office;
[2]
The occupation does not create traffic or need for parking beyond
that which is incidental to the residential use of the property. Factors
that are not to be considered incidental to residential use are regularly
scheduled events such as deliveries, client or customer visits, or
similar events;
[3]
The occupation requires or performs no exterior alterations and maintains no exterior display visible from outside the residence (including vehicles with signage parked outside of the buildings) except a nameplate as permitted by Chapter 272, Signs, of the City Municipal Code; and
[4]
The occupation does not create any noise, vibration, smoke,
dust, or objectionable effects not customarily incidental and accessory
to the residential use of the property.
(j)
Towers or structures for the transmission or receipt of radio
or other electronic communications signals (except those subject to
Article VA of this chapter), unless:
[1]
The towers or structures are antennas or satellite dishes with
a maximum diameter of six feet or less;
[2]
Such antennas or satellite dishes are not in a front yard;
[3]
The maximum height (top to bottom) of such antenna or satellite
dish, including attached mounting supports, is 10 feet or less; and
[4]
Such antennas or satellite dishes, if they are to be located
where they would ordinarily be visible from a public way adjoining
the property, are subject to the following conditions:
(k)
Telecommunications facilities and services.
(l)
Towers or structures intended for the generation of electricity
for the premises on which such tower is located in all districts.
(m)
Neighborhood gardens in all districts.
[Amended 2-7-2020 by Ord.
No. 2020-01]
(n)
Group or adult day-care facilities in R-2 and CR-2 Districts.
(o)
Redemption centers in B-2 Districts.
(p)
Bed-and-breakfast homes and bed-and-breakfast inns in all districts.
(q)
Neighborhood parking in any district where such parking is permitted.
C.
Special permit procedures.
(1)
Submission of application materials. Applicants must submit a complete
special permit application, including all applicable materials as
described in the application checklist. The Planning and Development
Board may require additional application materials, depending on the
scope and complexity of the project.
(2)
Public notice.
(a)
By mail. The applicant shall notify the owners of record of
all properties within 200 feet of the property boundary of the project
site at least 20 days before the Planning and Development Board meeting.
Such notice shall be in the form approved by the Board, briefly state
essential facts about the proposed special permit, and inform recipients
of the date, time, and place of the meeting and the place where further
information about the proposal and review process may be obtained.
The applicant shall provide the Board with certification of compliance
with notice procedures.
(b)
By posting. The applicant shall post a sign at the center of
each property line of the project site which front on a public or
private roadway or a public right-of-way at least 20 days before the
Planning and Development Board meeting. Such signs shall be continuously
maintained and displayed facing the roadway until final action has
been taken by the Board to approve or deny the special permit. The
required signs shall be obtained from the Division of Planning and
Development, and a nonrefundable fee shall be paid for each sign or
replacement obtained. At the time such signs are obtained, the applicant
or the applicant's representative shall indicate, in writing, the
date on which the signs are to be erected.
(c)
By newspaper. The hearing on the special permit application
shall be advertised in a newspaper of general circulation in the City
at least five days before the hearing.
(3)
Planning and Development Board meeting. Following timely receipt
of a complete application for a special permit, the Board shall schedule
consideration of the application at its earliest possible scheduled
meeting. The Board may establish its procedures and requirements,
within the framework provided by this chapter, for the review of special
permits.
(4)
Public hearing. Prior to rendering any decision on a special permit
application, the Board shall first hold a public hearing on the proposed
use. This may begin concurrently with any required public hearing
for the purpose of environmental review and/or site plan review of
the same project and may continue after any such environmental review
or site plan review public hearings are closed.
(6)
Communication of decisions. The Director of Planning and Development
and the applicant shall be notified, in writing, of the decision on
a special permit application no later than 10 working days after the
date of the decision.
D.
Permit review criteria.
(1)
General criteria.
(a)
A special permit shall be granted for a proposed use or activity
if it meets the following criteria:
[1]
The location and size of the use, the size of the site in relation
to it, and the location of the site with respect to the existing or
future streets giving access to it shall be such that the use will
be in harmony with the existing or intended character of the neighborhood
and will not discourage the appropriate development of adjacent land
and buildings or impair the enjoyment or value thereof.
[2]
Operations in connection with the use shall not be more objectionable
to nearby property by reason of noise, fumes, increased vehicular
traffic or parking demand, vibration, or flashing lights than would
be the operations of any use permitted without a special permit.
[3]
The granting of a special permit may be conditioned on the effect
the use would have on traffic, congestion, environment, property values,
municipal services, character of the surrounding neighborhood, or
the general plan for the development of the community.
(b)
The Planning and Development Board shall deny a special permit
where it finds that a proposed use would have a significant negative
impact on traffic, congestion, environment, property values, municipal
services, character of the surrounding neighborhood, or the general
plan for the development of the community, including considerations
of occupant load, night operation, and the use of chemical, biological,
or radioactive agents expected in connection with the proposed activity.
(c)
The applicant may be required by the Board to submit plans for
the site and parking facilities and to disclose other features of
the applicant's proposed use so as to afford the Board an opportunity
to weigh the proposed use in relation to neighboring land uses and
to cushion any adverse effects by imposing conditions designed to
mitigate them. If the Board finds that the adverse effects cannot
be sufficiently mitigated, then the Board shall deny the special permit.
F.
Expiration and renewals.
(1)
Special permits do not expire, with the following exceptions:
(a)
An accessory apartment special permit shall be issued for a
three-year period.
[1]
The renewal of accessory apartment special permits for additional
three-year periods shall be granted by the Director of Planning and
Development or their designee following the issuance of a certificate
of compliance for the entire property, verifying that the conditions
originally set forth have not changed in any way. To prevent expiration
of the special permit, the certificate of compliance must be obtained
within the three-year period.
(b)
A home occupation special permit shall be issued for a three-year
period.
[1]
The renewal of home occupation special permits for additional
three-year periods shall be granted by the Director of Planning and
Development or their designee following the issuance of a certificate
of compliance for the entire property, verifying that the conditions
originally set forth have not changed in any way. To prevent expiration
of the special permit, the certificate of compliance must be obtained
within the three-year period.
(c)
A bed-and-breakfast home or inn special permit in all residential
districts shall be issued for a five-year period.
[1]
All requirements pertaining to the application for and granting of a first-time special permit for a bed-and-breakfast home or inn shall also apply to the application for and granting of a renewed special permit, including the application and notification procedures set forth in § 325-9C and the expiration of such renewed special permit after five years.
(2)
It is the responsibility of permit holders to renew their special
permits prior to expiration.
G.
Appeals. Any person aggrieved by any decision of the Board, or any
officer or agency of the City, regarding the issuance of a special
permit, may apply to the Supreme Court for review by a proceeding
under Article 78 of the Civil Practice Law and Rules.
H.
Revocation. The Director of Planning and Development or their designee
shall revoke any special permit issued hereunder should the applicant
or the applicant's tenant violate any provision of this chapter or
any condition imposed upon the issuance of the special permit by the
Planning and Development Board.
A.
Intent. The intent of this section is to set forth additional requirements and conditions which shall apply to certain uses allowed by special permit under § 325-8, District regulations, of the City Municipal Code.
B.
Applicability. All uses allowed by special permit shall be subject to the criteria set forth in § 325-9, Special permits. In addition, accessory apartments, bed-and-breakfast homes, bed-and-breakfast inns, neighborhood gardens, and schools and related uses shall be subject to additional conditions as set forth in § 325-10C.
[Amended 2-7-2020 by Ord.
No. 2020-01]
C.
Additional conditions.
(1)
Accessory apartments. This section authorizes, upon issuance of a
special permit, the installation of accessory apartments in owner-occupied
homes.
(a)
Intent. The purposes and intents of permitting accessory apartments
are:
[1]
To provide homeowners, especially those of low and moderate
income, with a means of obtaining through rental income, companionship,
security and services and thereby to enable them to stay more comfortably
in homes and neighborhoods they might otherwise be forced to leave.
[2]
To add inexpensive rental units to the housing stock to meet
the needs of smaller households, both young and old.
[3]
To make housing units available to low- and moderate-income
households who might otherwise have difficulty finding homes within
the City.
[4]
To develop housing units in family neighborhoods that are appropriate
for households at a variety of stages in the lifecycle, thereby lessening
fluctuations in neighborhood demand for services.
[5]
To preserve and allow more efficient use of the City's existing
stock of dwellings while ensuring healthy and safe living environments.
[6]
To protect stability, property values and the residential character
of a neighborhood by ensuring that accessory apartments are installed
only in owner-occupied houses and under such additional conditions
as may be appropriate to further the purposes of this chapter.
(b)
Conditions. The following specific conditions shall be applicable
to all special permits for accessory apartments.
[1]
The owner(s) of the lot upon which the accessory apartment is
located shall occupy and maintain at least one of the dwelling units
on the premises as a legal full-time residence, except for temporary
absences not to exceed 18 months cumulatively in any five-year period.
Longer absences will result in revocation of the special permit unless
approved by the Planning and Development Board.
[2]
The main dwelling unit and the accessory apartment unit each
may be occupied by an individual or a family plus not more than one
unrelated occupant. Minor dependent children in the care of a parent
or relative shall be excluded in determining the number of unrelated
occupants in a dwelling unit.
[3]
Accessory apartments may be located only on one-family properties
in any district in which residential use is permitted. An accessory
apartment may be located either 1) in the principal structure or 2)
in an existing accessory building or 3) in a new structure, provided
that all such structures meet all the requirements of the City of
Ithaca Building Code.
[4]
There shall be no more than one accessory apartment per lot.
[5]
The floor area of an accessory apartment within a principal
dwelling building shall not exceed 33 1/3% of the total habitable
floor area of the building in which it is located. If the Planning
and Development Board determines that a greater floor space is necessary
because the configuration of the building makes meeting these requirements
impractical, then the Board may waive the maximum.
[6]
Each accessory apartment shall be limited to a maximum of two
bedrooms.
[7]
Area requirements.
[a]
A special permit for an accessory apartment shall
be granted by the Planning and Development Board in spite of existing
legal area deficiencies, except where the Board determines that there
would be a negative effect on surrounding properties.
[b]
Notwithstanding any other requirements of this
section, a minimum side and rear yard setback of five feet shall be
required, except that, where light, air and open space requirements
of the City Building and Housing Code can be met, the five-foot setback
may be waived in existing principal structures.
[c]
New structures housing accessory apartments shall
meet all applicable codes, including the area requirements of this
chapter.
[d]
Temporary relief of area requirements for purposes
of a special permit shall terminate with the special permit and shall
not be viewed as a variance.
[8]
If an accessory apartment is located in the main building, the
entry to the building and its design shall be such that the appearance
of the building shall remain as a single-family residence. New or
additional front entrances or windows are discouraged, but in any
event must be in keeping with the architectural style of the rest
of the structure. Exterior stairways may only be constructed in the
rear, except where an alternate location would be less publicly visible.
[9]
One additional off-street parking space is required for an accessory
apartment.
[10]
Within 30 days of approval of an accessory apartment special permit, the owner(s) must record at the Tompkins County Clerk's office a declaration of covenants on the subject property, with crossreferencing to the original deed, and provide proof of such recording and cross-referencing to the Department of Planning, Building and Development, which may then issue a building permit. The declaration shall state that the right to use the property as a two-family dwelling ceases if the property is not occupied by the owner of this real property for his or her legal full-time residence as required by § 325-10C(1) of the City of Ithaca Municipal Code. The declaration shall go on to state that the special permit granted by the Planning and Development Board expires unless renewed every three years as required by § 325-9F(1)(a) of the City of Ithaca Municipal Code. The Director of Planning and Development or their designee shall note the existence of an accessory apartment on the record of the property.
[11]
Unapproved accessory apartments. Owners of unapproved
accessory apartments in existence as of the effective date of this
section shall have 90 days from the date of enactment to apply for
an accessory apartment temporary permit and to meet the requirements
of this section. Any such property owner who is not in the process
of completing or who has not completed these requirements within the
required 90 days shall be found in violation if the apartment is occupied.
(2)
Bed-and-breakfast homes and bed-and-breakfast inns in all districts.
The following specific conditions shall be applicable to all special
permits for bed-and-breakfast homes and bed-and-breakfast inns and
must be adhered to during the period that the bed-and-breakfast use
is in operation:
(a)
The bed-and-breakfast home or inn must obtain a certificate
of compliance.
(b)
A bed-and-breakfast home must be owner-occupied and owner-managed, as defined in § 325-3. A bed-and-breakfast inn must be owner-managed.
(c)
Bed-and-breakfast homes or inns in residential zones must be
compatible with the surrounding residential neighborhood.
(d)
No alterations to the exterior of the house for the purpose
of establishing or expanding bed-and-breakfast operations shall be
permitted except for routine maintenance, alterations not requiring
a building permit, restoration, or requirements related to safety
or handicapped accessibility. There shall be no exterior indication
of a business, except the one permitted sign as indicated below, and
required parking. Drawings illustrating any proposed exterior modifications
must be submitted with the special permit application.
(e)
No cooking facilities are permitted in the individual guest
rooms.
(f)
In-house food service shall only be provided to guests, owner-occupants,
owner-managers, and staff.
(g)
In R-2 Districts, no bed-and-breakfast home may be located on
a lot closer than 500 feet to any other lot containing a bed- and-breakfast
home, with only one such establishment permitted per block face.
(3)
Neighborhood gardens. The following specific conditions shall be
applicable to all special permits for neighborhood gardens:
[Amended 2-7-2020 by Ord.
No. 2020-01]
(a)
At least one responsible adult, who shall be a participant in
the gardening, a representative of the sponsoring organization, or
the owner of the subject property, shall administer or coordinate
the operation and act as a contact person for the duration of the
gardening activity.
(b)
The area to be used will be operated in a responsible manner
at all times so as not to present a nuisance to or interfere with
the use or enjoyment of neighboring private or public property.
(c)
Unused portions of the site shall be maintained in a neat and
orderly manner at all times.
(d)
Gardening activity on individual plots must be confined to the
hours of 7:00 a.m. to 10:00 p.m., except that power machinery shall
not be operated before 8:00 a.m. or after 8:00 p.m.
(e)
Power or motorized machinery used in preparing and maintaining
individual plots shall be no larger than that normally used in connection
with home gardening (e.g., a typical walk-behind rototiller).
(f)
Farm tractors or other heavy machinery shall not be employed
on the site except for initial site development and for annual spring
preparation and fall cleanup, if necessary. In those instances, it
shall be operated only between 8:00 a.m. and 6:00 p.m. weekdays.
(g)
Mulch, compost, or organic fertilizer employed in the gardening
is confined to the site in a neat and orderly manner, and no fresh
manure shall be used or composted.
(h)
All organic refuse and trash from the gardening operations shall
be promptly and properly disposed of on at least a weekly basis and,
pending disposition, it shall be stored neatly in such a way that
it does not produce offensive odors or attract dogs, raccoons, or
vermin.
(i)
Noxious fertilizers or noxious chemicals employed in the gardening
are used only with the knowledge and consent of all gardeners using
the site, all adjoining property owners, and, in the event that adjoining
properties are rental residential properties, with the knowledge and
consent of the head of each tenant household.
(j)
No flammable liquids shall be stored on the site.
(k)
Noise and odors produced in connection with the gardening activity
shall be no greater than those normally associated with home gardening.
(l)
The entire site will be cleaned and left with a neat appearance
at the end of each gardening season or within 30 days of revocation
or expiration of a permit, whichever occurs first.
(m)
The Planning and Development Board may prescribe any conditions
that it deems necessary or desirable, including, but not limited to,
additional off-street parking spaces, so that the character of the
neighborhood shall be preserved and public safety and welfare secured.
(n)
Approved special permits for neighborhood gardens shall be reviewed
by the Director of Planning and Development or designee at least annually
for compliance with the above-noted conditions and other conditions
specific to each permit's approval. If, following such review or investigation
of any complaint, the Director of Planning and Development or designee
determines that a substantial violation exists, notice of such violation
shall be mailed to the designated contact person, requiring that such
violation be corrected within 15 days. If satisfactory correction
is not made, the special permit may be revoked by the Director of
Planning and Development or designee.
(o)
In consideration of the fact that such gardens may be of an interim nature, may occupy only a portion of a parcel and may be located on property unsuited for other uses permitted under this chapter, the district regulations specified for permitted uses under § 325-8 of this chapter shall be superseded, where applicable, by the following regulations for neighborhood gardens:
[1]
Minimum lot size: none.
[2]
Width in feet at the street line: none required; however, sites
lacking street frontage shall be accessible to vehicles and pedestrians
via a right-of-way of at least eight feet in width.
[3]
Permitted structures: No structures for human habitation or
occupancy shall be permitted except for a weather shelter for gardeners,
which may have a maximum floor area of 64 square feet. A light accessory
structure for storage of gardening equipment and materials for plant
propagation, with a maximum floor area of 64 square feet, may be erected
separately or attached to the weather shelter. If necessary, a well-housing
structure for the production of water for garden use may be erected
with permission of the owner of the site.
[4]
Parking and loading space: At least one off-street space on
or immediately adjacent to the site shall be provided for the use
of the gardeners for each 15 individual garden plots on the site or
portion thereof.
(4)
Schools and related uses. The following specific conditions shall
be applicable to all special permits for schools and related uses
in all residential districts:
(a)
If the proposed use is the expansion of an existing educational
use, the applicant must show a need to expand into the residential
area rather than into a less-restrictive area. No special permit shall
be granted by the Planning and Development Board unless the applicant
can demonstrate that there is no reasonable alternative to location
or expansion on the site proposed.
(b)
The location and size of the use, the size of the site in relation
to it, the operations in connection with the use and the parking and
traffic related to the operations shall not be such as to create a
significant hazard to the safety or general welfare of the surrounding
area.
(c)
The proposed use or operation shall not produce or present substantial
danger of excessive noise, noxious odors, noxious or harmful discharge,
fire or explosion, radiation, chemical or toxic release or other conditions
injurious to the health or general welfare of occupants of nearby
properties.
(d)
The size and use of the facility or the concentration with similar
facilities in the neighborhood shall not be so substantially out of
proportion to the character of the neighborhood as to jeopardize the
continued use of the neighborhood for residential purposes.
