City of Ithaca, NY
Tompkins County
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Table of Contents
Table of Contents
The provisions of this chapter shall be subject to the exceptions, prohibitions, requirements and/or limitations as hereinafter provided.
A. 
Removal of topsoil; grading.
(1) 
No person shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto, which shall make such premises subject to erosion or flooding or which shall leave such premises without topsoil adequate for the establishment of vegetation typical to the area. Removal of topsoil in excess of the foregoing requirement shall be subject to approval and issuance of a permit therefor by the Director of Planning and Development or designee.
[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.
(2) 
No lot grading or tree removal in connection with the construction of a building shall be undertaken until a building permit for such construction shall have been obtained. No natural watercourse or drainageway shall be altered by filling, excavating, tree removal or in any other manner without first obtaining the written approval of the City Engineer.
B. 
Mobile homes. Mobile homes and mobile home parks shall be in conformity with Article II of Chapter 210, Housing Standards, of this Code.
C. 
Unsightly or unsanitary storage. No manure, rubbish, salvage materials or miscellaneous refuse may be stored in the open within any district where the same may be construed by proper authority to be a menace to the public health or safety or may be held to have a detrimental influence upon adjacent properties or upon the neighborhood at large.
D. 
Garage sales. No household, garage, porch or yard items for sale may be stored in the open or continually displayed within any district where the same may be construed by proper authority to be a menace to the public health or safety or may be held to have a detrimental influence upon adjacent properties or upon the neighborhood at large. Household, garage, porch or yard sales shall not be held on a property for more than seven days (including weekends) in a calendar month, nor shall such sales be held on a property during the weekend for more than two consecutive weekends or for more than two weekends in any month. For the purposes of this subsection, "weekend" shall mean Saturday and/or Sunday. This prohibition should not be construed to ban household, garage, porch or yard sales themselves as long as they do not exceed the frequencies listed in this subsection.
[Added 3-6-1985 by Ord. No. 85-3; amended 6-13-2001 by Ord. No. 2001-8]
E. 
Junkyards and salvage yards. Any area used for the storage of rags, scrap paper, scrap metal or junk (including automobiles, automobile parts or salvaged or used building materials) shall be completely enclosed by a substantial and solid fence with openings only for ingress and egress. Such fence shall be at least eight feet high and no nearer than 25 feet to any public highway right-of-way line. There shall be no storage outside the fence. Any such junkyard or salvage yard existing at the time of enactment of this chapter shall comply with these requirements within six calendar months of the date of enactment of this chapter.
F. 
Gasoline service stations. The Director of Planning and Development or designee shall refer all applications for permits to construct or alter gasoline service stations to the Fire Chief, the Chief of Police and the City Traffic Engineer for analysis of fire, traffic and other possible hazards. The Director of Planning and Development or designee shall review their comments on the proposed new or altered facility and may require modification of the site plan to lessen potential fire, traffic and other hazards.
[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.
A. 
Exceptions.
[Amended 4-1-1981 by Ord. No. 81-2]
(1) 
The height limitations of this chapter shall not apply to:
(a) 
Church spires, belfries or towers, cupolas, mechanical penthouses, stairtowers and domes not intended for human occupancy.
(b) 
Chimneys, ventilators, skylights, water tanks, bulkheads and similar features and necessary mechanical equipment mounted above roof level, including devices for solar power.
(c) 
Towers or structures, including satellite dishes, for the transmission or receipt of radio or other electronic signals for the noncommercial use and enjoyment of occupants of the premises, including television, ham radio, citizens' band, MARS and similar operations in connection with hobbies and home entertainment.
[Amended 9-7-1988 by Ord. No. 88-7]
(d) 
Towers or structures for the transmission or receipt of electronic communications signals in connection with any commercial or business enterprise under conditions which meet with any supplementary safety regulations thereto, except, further, that such towers or structures shall require special permits for accessory uses as provided in § 325-9 above except for those towers or structures subject to Article V-A of this chapter entitled "Telecommunications Facilities and Services" which shall not be required to obtain a special permit.
[Amended 12-3-2003 by Ord. No. 2003-20]
(e) 
Towers or structures intended for use in the generation of electricity for the premises on which such tower is located, except, further, that such structures shall require special permits as provided in § 325-9.
(2) 
In no case shall the horizontal surface area covered or occupied by such feature exceed 20% of the total ground floor area of the building or 30% of the area of the roof plane on which it is located, whichever is less. If erected as a structure separate from a building existing on the premises, such structure shall conform to the area regulations of this chapter (§ 325-8 above) as to coverage (combined with other structures), lot size and yard dimensions, which shall be computed from the nearest point of any structural or supporting member, pole or guy wire to lot lines. In all cases, the surface area occupied by such feature shall be computed as the total area encompassed by a line enclosing the feature and any structural or supporting members on a horizontal plane at the point of attachment to the main building or to the ground.
B. 
Ornamental and architectural features. The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament extending above such height five feet or less.
C. 
Height and open space. In any district, any main building may be erected to a height in excess of that specified for the district, provided that:
[Amended 9-6-1989 by Ord. No. 89-13]
(1) 
Each required front, side and rear yard is increased one foot on the ground for each one foot of such additional height.
(2) 
In all districts, the number of stories permitted may not be exceeded.
(3) 
In each district, the number of additional feet may not exceed 10% of the maximum building height allowed in that district.
(4) 
The provisions of § 325-16C, Subsections (1), (2) and (3) shall not apply in the U-1 Zone.
[Added 6-3-1998 by Ord. No. 98-9]
D. 
Notwithstanding anything to the contrary contained herein, in any U-1 District:
[Added 6-3-1998 by Ord. No. 98-9]
(1) 
No building shall be erected in any of the areas designated "Gorge Protection Area A (no-build area)" on the map entitled "City of Ithaca U-1 Zone."
(2) 
No building shall be erected that is greater than 50 feet in height in any of the areas designated "Gorge Protection Area B (fifty-foot-height area)" on the map entitled "City of Ithaca U-1 Zone" dated 5-20-1998, a copy of which map is on file in the Ithaca City Clerk's office.
(3) 
No building shall be erected that is greater than 75 feet in height in any of the areas designated "Gorge Protection Area C (seventy-five-foot-height area)" on the map entitled "City of Ithaca U-1 Zone."
(4) 
The restrictions contained in this subsection shall not apply to buildings less than 15 feet in height which are intended, designed and maintained as amenities to adjacent trails such as gazebos, rest rooms, etc.
(5) 
The restrictions contained in this subsection shall not apply to existing buildings within the designated areas. Such existing buildings may be maintained and repaired, provided that their height and footprint are not enlarged so as to make the buildings noncompliant with the restrictions of this subsection.
E. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection E, regarding height regulations in the WF-1 and WF-2 Districts, was repealed 10-3-2018 by Ord. No. 2018-10.
F. 
Notwithstanding anything to the contrary contained herein, in the WEDZ-1 District:
[Added 3-1-2000 by Ord. No. 2000-2]
(1) 
No building shall be erected that is less than two stories or greater than five stories in any of the areas designated "WEDZ-1a" on the map entitled "Proposed West End Development Zoning District (WEDZ-1) Existing Conditions" dated November 1998, a copy of which is on file in the Ithaca City Clerk's office.
(2) 
No building shall be erected that is greater than two stories in any of the areas designated "WEDZ-1b" on the map entitled "Proposed West End Development Zone (WEDZ-1) Existing Conditions" dated November 1998, a copy of which is on file in the Ithaca City Clerk's office.
(3) 
The restrictions contained in this section shall not apply to buildings less than 15 feet (maximum) in height, such as gazebos and rest rooms, which are intended, designed and maintained as amenities for adjacent trails.
(4) 
The restrictions contained in this section shall not apply to existing buildings within the designated areas. Such existing buildings may be maintained and repaired, provided that their height and footprint are not altered so as to make the buildings noncompliant with the restrictions of this subsection.
G. 
Notwithstanding anything to the contrary contained herein, in the CBD-60, CBD-85, CBD-100, CBD-120, CBD-140, B-1a, B-1b, B-2c, and B-2d Zoning Districts, no primary use building shall be erected that is less than two stories in any of these zones. When an addition or series of additions to a primary use building existing as of the date of this subsection is constructed, that part of the addition or additions in excess of 50% of the building area of the existing building shall also not be less than two stories. Any additions to buildings constructed after the date of this subsection shall be a minimum of two stories.
[Added 8-3-2005 by Ord. No. 2005-18]
A. 
Reduced lot area. No lot shall be so reduced in area that any required yard will be smaller than that prescribed in the regulations for the district in which said lot is located.
B. 
Visibility at intersections. On a corner lot in any residential district, no fence, wall, grading, hedge or other structure or planting more than two feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line adjoining said street right-of-way lines at points which are 20 feet distant from the point of intersection, measured along said street right-of-way. (See illustration below.)
C. 
Obstructions dangerous to traffic. In all districts, no fence, wall, grading, hedge, sign, assembly or other structure or planting shall be erected, altered, done, placed or maintained which will or may obscure the view and therefore cause danger to traffic on a public street.
D. 
Fences. No fence or wall other than a building may be built to a height that will interfere with the light, air or view of any neighboring property, except as required for screening of parking and storage areas.
A. 
Porches and structures. All porches, attached or freestanding decks, balconies projecting more than two feet from a building or structure, ramps, and/or landings shall be considered a part of the building in both the determination of required yards and lot coverage.
[Amended 10-1-2014 by Ord. No. 2014-12]
B. 
Projecting architectural features. The space in any required yard shall be open and unobstructed except for ordinary projections of windowsills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than two feet into any required yard.
C. 
[1]Notwithstanding anything herein contained to the contrary, in the U-1 Zone, for any building which is constructed after the effective date of this subsection, if any part of said building is within 100 feet of a residential zone, said building shall be set back from any adjacent public road which separates the U-1 Zone from a residential zone, a distance equal to at least the required front yard setback established for buildings in such adjacent residential zone.
[Added 6-3-1998 by Ord. No. 98-9]
[1]
Editor's Note: Former Subsection C, Reduction in rear yards, amended 4-1-1981 by Ord. No. 81-2 and 3-26-2004 by Ord. No. 2004-3, was repealed 8-4-2010 by Ord. No. 2010-03, which also provided for the redesignation of former Subsection D as Subsection C.
A. 
[1]Side yard and rear yard transition. Where a lot in a business or industrial district abuts a lot in a residential district, there shall be provided along such abutting lines a yard equal in width or depth to that required in the residential district. (See illustration below.)
[1]
Editor’s Note: Former Subsection A, Lots in two districts where neither district is a CBD district, as amended, was repealed 5-7-2014 by Ord. No. 2014-03. This ordinance also redesignated former Subsections B through E as Subsections A through D, respectively.
B. 
Front yard transition. Where frontage is partly in a residential and partly in a business or industrial district, the front yard depth in the business or industrial district shall be equal to 1/2 the required front yard depth of the residential district for a distance of at least 50 feet into the business or industrial district. (See illustration below.)
C. 
Corner lot transition. On corner lots in residential districts; buildings must be erected so that yards facing public streets shall conform to the minimum front yard requirements of said residential district. Such lots shall be deemed to have two adjoining front yards. (See illustration below.)
D. 
Notwithstanding the above, the transition regulations as provided for in this section shall not apply in the B-2d District.
[Added 4-1-1992 by Ord. No. 92-5]
E. 
Development in R-3 Districts which abut R-1 Districts. The development of any permitted use in the R-3a or R-3b Zoning District, except a one-family or two-family dwelling, shall be subject to the following special conditions if the land on which the development occurs directly abuts land in either the R-1a or R-1b Zoning District:
[Added 7-3-2019 by Ord. No. 2019-12]
(1) 
Minimum lot size (area in square feet): The required area in square feet needed to satisfy the minimum lot size requirement shall be 150% of the requirement shown on the District Regulations Chart for the R-3a or R-3b District.
(2) 
Maximum building height: The maximum building height requirement shall be the same as the requirement for the abutting R-1a or R-1b District.
(3) 
Maximum percent of lot coverage by buildings: The maximum percent of lot coverage by buildings shall be 75% of the requirement shown on the District Regulations Chart for the R-3a or R-3b District.
(4) 
Yard dimensions, side or rear yards: The minimum required side or rear yard requirement shall be 150% of the requirement shown on the District Regulations Chart for the R-3a or R-3b District if the side or rear yard abuts land in the R-1a or R-1b District.
[Amended 2-4-1987 by Ord. No. 87-6; 8-13-1987 by Ord. No. 87-13; 4-6-1988 by Ord. No. 88-4; 7-11-1990 by Ord. No. 90-5; 9-5-1990 by Ord. No. 90-10; 1-2-1991 by Ord. No. 91-4; 8-5-1992 by L.L. No. 3-1992; 9-6-1995 by Ord. No. 95-10; 3-6-1996 by Ord. No. 96-3; 6-5-1996 by Ord. No. 96-9; 2-4-1998 by Ord. No. 98-5; 5-5-1999 by Ord. No. 99-5; 3-1-2000 by Ord. No. 2000-2; 8-2-2000 by Ord. No. 2000-7; 10-4-2000 by Ord. No. 2000-9; 12-3-2003 by Ord. No. 2003-21; 3-26-2004 by Ord. No. 2004-3; 1-10-2007 by Ord. No. 2007-2; 11-5-2008 by Ord. No. 2008-5]
A. 
Purpose and intent. The intent of this section is to regulate uniformly the development and maintenance of off-street parking for both public and private uses. The following regulations are designed to provide adequate parking and safe vehicle movements while minimizing any detrimental effects to adjacent properties, to surrounding neighborhoods and to the environment.
B. 
Applicability. Except as specified in § 325-8, the District Regulations Chart, which is available in the City Clerk's office, § 325-20 shall, after the effective date, govern the creation, alteration or expansion of all off-street parking areas. Section 325-20 shall also govern the maintenance of all off-street parking areas.
C. 
Nonconforming uses. Notwithstanding anything to the contrary contained in this section or in the District Regulations Chart, the amount of off-street parking permitted on a property containing a nonconforming use shall not exceed the amount of parking determined to have existed on said property at the time it became a nonconforming use, and shall not be extended onto or relocated to a different part of the lot or parcel in question or elsewhere, unless a use variance is granted for such additional parking.
[Added 6-6-2012 by Ord. No. 2012-03[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsections C through I as Subsections D through J, respectively.
D. 
General requirements.
[Amended 2-4-2009 by Ord. No. 2009-03; 5-4-2011 by Ord. No. 2011-05; 7-6-2011 by Ord. No. 2011-10; 10-5-2011 by Ord. No. 2011-13; 6-6-2012 by Ord. No. 2012-03]
(1) 
Required submissions and approvals.
(a) 
Site plans and building permit. In all zoning districts, no parking area or driveway may be constructed, added to, altered, or resurfaced (except for routine repairs in kind or other minor alterations of an existing parking area, other than resurfacing, that do not change the parking area or driveway’s size, capacity, configuration, or drainage characteristics) until a building permit therefor has been issued by the Director of Planning and Development or designee. All such building permits shall be in accordance with this chapter’s requirements. Prior to obtaining a building permit, the applicant must submit two dimensioned plans, drawn to scale, one indicating the existing conditions, and one that indicates the proposed conditions, including the locations of all of the green areas, parking areas, associated maneuvering areas and driveways, any required screening, direction of ground slope, and drainage provisions, and includes a calculation in square feet of the area of paving and the area of the yard in which paving already exists or is proposed to be constructed.
[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.
(b) 
Certificate of appropriateness. Any proposed parking development in areas under the jurisdiction of the Ithaca Landmarks Preservation Commission must obtain a certificate of appropriateness from the Commission before a building permit can be issued.
(c) 
Site plan review. The creation or expansion of off-street parking areas is also subject to site plan review, unless such development falls below the applicability thresholds set forth in Chapter 276 of this Code. (See Chapter 276 for the applicability of site plan review which, if required, must be completed before a building permit can be issued.)
(d) 
Neighborhood parking area. Notwithstanding anything to the contrary contained in this chapter, and in addition to any other generally applicable requirements, the creation or expansion of a neighborhood parking area (as defined in § 325-3, under "parking area") in an R-3 or R-U district shall require a special permit.
(e) 
Street permits. No curb cut, driveway entrance and/or drain pipe in the street right-of-way shall be built or installed unless a street permit has first been obtained from the City Engineer.
(f) 
City tree removal. There shall be no removal of any tree located on City property unless approval has first been granted by the City Forester.
(2) 
General standards for all off-street parking areas, driveways and curb cuts.
(a) 
Parking. All off-street parking must occur in approved parking spaces, parking areas or parking lots meeting the general standards for all off-street parking areas in § 325-20D(2). Parking is specifically not permitted on lawns, sidewalks, or other spaces not developed as a parking space.
(b) 
Clear boundaries. All parking areas, including associated driveways and vehicle maneuvering areas, shall have clearly defined boundaries. A "clearly defined boundary" shall mean, at a minimum, the existence of a distinct edge to the material used to pave the parking area, such that the yard area where parking is permitted is clearly distinguished from the yard area where parking is not permitted. Where approved parking areas are contiguous with sidewalks or other paved areas, there shall be a minimum four-inch-high curb or other equivalent continuous permanent barrier separating the parking area from other paving, except as required to allow for accessibility.
(c) 
Physical character of parking spaces. Each parking space shall be even-surfaced and internally unobstructed by structures, walls, landscape elements or other obstructing features, except that low curbs or wheel stops may be located within or adjoining a space if they do not impede vehicular access to or egress from the parking space. The surface of the parking area and that portion of the access driveway which is not included in Subsection D(2)(e)[1] below shall conform to standards and specifications available at the office of the City Engineer and shall at a minimum be a maintainable surface which will support the sustained loads. Acceptable surface materials include crushed stone, brick, concrete, asphalt, permeable pavement, or similar materials.
(d) 
Drainage. All newly constructed or enlarged parking areas, including associated driveways and vehicle maneuvering areas, shall have adequate provisions to prevent surface or runoff water from draining to or across adjoining properties, sidewalks or streets during, at a minimum, a two-year storm event, and shall comply with the provisions of Chapter 282, Stormwater Management and Erosion and Sediment Control. In the event of inconsistency, the provisions of Chapter 282 shall prevail. Stormwater runoff shall not be designed to flow across any public sidewalk as a primary method of delivering the runoff to a stormwater facility. All drainage systems in existing parking areas shall be maintained in good working order. For more detailed requirements for parking areas with the capacity for three or more parking spaces on lots within residential zoning districts, see also Subsection F, and for parking areas on lots in nonresidential zoning districts, see also Subsection G.
(e) 
Access requirements. All parking spaces shall have access to the street by way of a driveway.
[1] 
The portion of access driveways extending from the street to the sidewalk, or to the property line if no sidewalk exists, must be hard-surfaced with concrete, brick, asphalt or other approved material, as required by the City Engineer.
[2] 
Driveways must be at least eight feet wide in residential zoning districts and at least 10 feet wide in nonresidential zoning districts, and must have clear visibility to the street. Any required screening must be so designed that it shall not interfere with sight lines necessary for pedestrian and driver safety.
[a] 
Maximum driveway grades. Driveways to areas containing parking spaces for three or more vehicles shall be graded to form a street entry with a maximum grade of 8% for a distance of 25 feet from the curbline.
[b] 
Adjacent driveways and combined curb cuts. Driveways on adjacent lots may be side by side or may be combined.
[3] 
Driveway aisles. Where permitted, one-way driveway aisles shall have a minimum width of 10 feet and a maximum width of 12 feet. Two-way driveway aisles shall have a minimum width of 20 feet and a maximum width of 24 feet.
(f) 
Required maintenance. So long as they remain in use as such, all parking areas and associated driveways and vehicle maneuvering areas as well as any required screening, plantings and drainage systems must be maintained to preserve their intended function and to prevent nuisances or hazards to people, surrounding properties and public ways. Any planting required by the provisions of this section (such as planting for the purpose of screening or shading) that dies or, in the opinion of the City Forester, becomes too unhealthy to serve its intended function shall be replaced at the earliest occurring suitable planting season by healthy planting that satisfies the provisions of this section.
(g) 
No refuse or litter. All parking areas, including associated driveways, vehicle maneuvering areas and interior or peripheral planting areas, must be kept free of refuse or litter.
(3) 
Maximum number of off-street parking spaces required.
[Amended 5-1-2013 by Ord. No. 2013-02]
(a) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(3)(a), regarding off-street parking requirements in certain districts, was repealed 10-3-2018 by Ord. No. 2018-10.
(b) 
Parking spaces required for specific uses. Off-street parking spaces shall be provided and maintained in accordance with § 325-20D(2) by the property owner for each use or building which is newly established, erected or enlarged after the effective date of this section (March 6, 1996), as specified in the chart below.
Use1
Spaces Required2
Adult day-care home or group adult day-care facility
1 for client use, plus 1 per 2 supervisory staff or employees not residing on the premises
Dormitory
1 per 4 persons housed
Dwelling unit
1 per 3 bedrooms or sleeping rooms, plus 1 per 2 additional bedrooms or sleeping rooms, plus 1 per additional bedroom or sleeping room in excess of 5 such rooms
Fraternity, sorority or group house
1 per 2 persons housed
Rooming or boarding house
1 per 3 sleeping rooms
Auditorium or theater
1 per 5 seats
Bar, tavern or restaurant
1 per 50 square feet of net floor area of the assembly space
Bed-and-breakfast home or bed-and-breakfast inn
1 per guest room1,3
Bowling alley
2 per bowling lane
Church, funeral home or mortuary
1 per 10 seating spaces
Fitness center or health club
1 per 5 persons allowed as determined by the maximum occupancy load
Home occupation requiring special permit
1 space3
Hospital or nursing or convalescent home
1 per 5 patient beds
Hotel or motel
1 per guest room
Medical or dental office
1 per 250 square feet of net assignable floor area
Nursery school, child day-care center or private elementary or secondary school
1 per 2 employees plus 1 per 15 pupils enrolled
Office or bank
1 per 250 square feet of net assignable floor area
Retail store or neighborhood commercial facility
1 per 500 square feet of net assignable floor area
Wholesale or industry
1 per 2 employees on maximum work shift
Boat launch
8 per ramp4
Boat storage or repair
1 per 2 employees on maximum shift
Boatel
1 per 2 sleeping rooms
Marina
1 per 4 berths
Yacht club
1 per 4 member families
Human service agencies and centers
1 per 250 square feet of floor area
NOTES:
1
In the case of mixed use of a building or property, the space requirements shall be computed for each use, and the total requirements for all uses shall be provided in accordance with this section.
2
See also the District Regulations Chart[4] for districts in which off-street parking is not required.
3
Unless the Zoning Board of Appeals, upon consideration of all relevant factors, including but not limited to the easy availability of on-street parking or the expectation that a lesser parking requirement will meet the parking needs of the use, determines during consideration of the special permit that a lesser off-street parking requirement is appropriate and will not have a negative impact on the surrounding neighborhood.
4
Boat-launching ramps shall maintain 75% of their parking spaces at a size of 10 feet by 40 feet to accommodate boat trailers. Consult the New York State Parks and Recreation Department on space requirements for maneuvering.
[4]
Editor's Note: A copy of the District Regulations Chart is on file in the City Clerk's office.
(c) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection D(3)(d), Parking in the Collegetown Parking Overlay Zone, which immediately followed this subsection, was repealed 4-1-2015 by Ord. No. 2015-05. This ordinance also provided for the redesignation of former Subsection D(3)(e) through (g) as D(3)(d) through (f), respectively.
(d) 
Enclosed parking spaces that meet the minimum parking space size requirements shall be counted toward meeting the required number of parking spaces.
(e) 
Counting of end-to-end parking spaces. When determining the number of off-street parking spaces provided to fulfill the number of off-street parking spaces required for a use, no more than one pair of end-to-end parking spaces shall be counted, unless all spaces have adequate maneuvering space or direct street access. This is not to prevent the use of a parking area for more than a single pair of end-to-end parking spaces if conditions warrant.
(f) 
Shared parking. In a case where two or more establishments on the same lot, or on lots meeting the distance requirements found in § 325-20D(4)(d) of this section, have substantially different operating times, the Director of Planning and Development or designee (or, in the case of a project subject to site development plan review, the Planning and Development Board) may approve the joint use of parking spaces, provided that the Director of Planning and Development or designee or the Board or their designee finds that the intent of the requirements of § 325-20 is fulfilled by reason of variation in the probable time of maximum use by patrons and employees among such establishments.
[Amended 6-5-2013 by Ord. No. 2013-15[6]]
[6]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
(4) 
Location requirements; off-street parking areas. All required parking spaces provided pursuant to this section shall be on the same lot as the building, use or activity that they serve, or may be located off site on another lot or parcel other than the lot or parcel on which the use is located or conducted, provided that such off-site parking meets the distance and use district limitations as established below, is not located in an R-1 or R-2 zoning district, and receives a special permit pursuant to Article III.
(a) 
The lot or parcel containing the off-site parking area must be connected to and accessible by vehicular traffic from a public street. Off-site parking cannot also be counted toward compliance with the parking requirement for any other use except for those uses for which the Director of Planning and Development or designee has determined that shared parking is appropriate, as provided for in § 325-20D(3)(g).
[Amended 6-5-2013 by Ord. No. 2013-15[7]]
[7]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
(b) 
Use district. An off-site parking area must be located on a lot or parcel located in the zoning district in which the use which requires the off-street parking is also a permitted use as a matter of right. Any off-site parking which is required for compliance with the parking requirement for a use which is permitted by use variance from the district regulations must also obtain a use variance for the off-site parking area; in these instances the notice requirements of this chapter shall apply to all lots involved. The notice requirements of this chapter shall apply to all lots if a use variance is required.
(c) 
Pedestrianway required. A pedestrianway, which in this case may be private or public, must connect the lots or parcels of both the use and the off-site parking area. The pedestrianway must meet the standards of a public sidewalk or as otherwise approved by the Board of Public Works.
(d) 
Distance from use. The distance from the lot or parcel containing the off-site parking area and the lot or parcel containing the use which requires the off-site parking shall be measured from parcel to parcel following and along the pedestrianway that connects the off-site parking area to the use. Except where no public sidewalk exists or where no crosswalks or corner-curb aprons exist within 125 feet of the lot or parcel which requires the off-site parking, pedestrianways that cross a public street shall be measured in a way that only crosses such streets at crosswalks or corner-curb aprons. The maximum distances of the pedestrianway shall vary by use and shall be no longer than as follows:
[1] 
For mercantile uses, off-site parking lots or parcels must be within 250 feet of the lot or parcel on which the use is conducted.
[2] 
For all other uses, off-site parking lots or parcels must be within 500 feet of the lot or parcel on which the use is conducted.
(e) 
All land which is used to provide off-site parking must be restricted to that use only, for as long as the building is occupied by the use which requires off-street parking or until substitute parking, approved by the Director of Planning and Development or designee, is provided. Evidence of such off-site parking shall be provided in the form of a recorded covenant, long- term lease or comparable document that is approved by the Director of Planning and Development or designee.
[Amended 6-5-2013 by Ord. No. 2013-15[8]]
[8]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
(5) 
Parking space, driveway, and driveway aisle size requirements.
(a) 
Parking space size requirements for parking areas with 10 or fewer parking spaces. For such parking areas, a parking space shall have a minimum dimension of eight feet by 18 feet, exclusive of pedestrianways, maneuvering space and driveways appurtenant thereto and giving access thereto. The edge of the parking space pavement may be up to two feet inside the outermost line of the parking space where unobstructed vehicle overhang is available. All parking spaces shall have adequate access.
(b) 
Parking space size requirements for parking areas with 11 or more parking spaces.
[1] 
Perpendicular parking. For parking perpendicular to the driveway aisle, parking spaces shall be eight feet six inches by 18 feet. The edge of the parking space pavement may be up to two feet inside the outermost line of the parking space where unobstructed vehicle overhang is available.
[2] 
Parallel parking. For parking parallel to the driveway aisle, parking spaces shall be eight feet six inches by 20 feet.
[3] 
Angle parking. For angle parking, a standard parking space shall have a minimum area of 255 square feet, the length of which shall be measured, at the same angle of parking, from the center of the outermost edge of the parking space to the center line of the driveway aisle giving access to the parking space. The edge of the parking space pavement may be up to two feet inside the outermost line of the parking space where unobstructed vehicle overhang is available.
(c) 
Possible variation from above standards under site plan review. The Planning and Development Board may, at its discretion, allow parking space sizes that vary from the above standards in those instances where Chapter 276, Site Plan Review, applies.
(d) 
Parking for people with disabilities. For parking for people with disabilities, the combined width of parking and access aisle shall be in compliance with the New York State Uniform Fire Prevention and Building Code. Signage as required by the New York State Uniform Fire Prevention and Building Code shall be provided for all accessible parking spaces and associated access aisles.
E. 
Parking in front yards.
[Amended 6-6-2012 by Ord. No. 2012-03]
(1) 
In all residential districts, all front yard parking within 15 feet of the front property line is restricted to a motor vehicle orientation that is within 10° of perpendicular to the street.
(2) 
In all residential districts, parking in the front yard of lots which have a width at the street line of 50 feet or less shall be restricted to parking within a driveway that is perpendicular to the street or that is within 10° of perpendicular to the street. Such driveway shall not be more than 12 feet wide for the portion that passes through the front yard.
(3) 
In all residential districts, parking in the front yard of lots which have a width at the street line of more than 50 feet shall be restricted to an area not greater than 25% of the total area of the front yard, including turnaround and other vehicle maneuvering areas and driveways leading to garages and parking areas. The setback for any such parking area must meet the minimum front yard setback dimensions specified in § 325-8, District Regulations Chart,[9] for the zoning district in which the parking area is to be constructed.
[9]
Editor's Note: A copy of the District Regulations Chart is on file in the City Clerk's office.
(4) 
In all residential districts, on corner lots with more than one front yard as defined in this Code, front yard parking according to the above provisions shall only be permitted on one of the front yards.
(5) 
In all residential districts, where a parking area will use a front yard, the use of the front yard for parking and associated maneuvering space shall not exceed the amounts permitted by this section nor the amounts permitted by any other applicable provisions of this Code, including § 325-20D(3)(c). Any permitted front yard parking area shall have a clearly defined boundary as required by § 325-20D(2)(b), and the remainder of the front yard shall be landscaped as a green area in keeping with the surrounding neighborhood.
(6) 
In all districts, when a parking area is established on a lot that does not contain a building, an area equivalent to the front yard that would be required if a building did stand on the site shall be kept free of parking (except for an access drive to the parking area). The area equivalent to the front yard that would be required if a building did stand on the site shall be landscaped in keeping with the surrounding neighborhood and shall be separated and protected from the parking area by a suitable fence or safe barrier. (See the more detailed screening requirements described below for parking areas within residential zoning districts.)
F. 
Requirements for new or enlarged parking areas with the capacity for three or more parking spaces on lots within residential zoning districts but only insofar as otherwise permitted in any given district.
[Amended 6-6-2012 by Ord. No. 2012-03]
(1) 
Required permits. A new or enlarged parking area, with the capacity for three or more parking spaces, on a lot within a residential zoning district requires site plan approval (see Chapter 276) and a building permit. Plans submitted must include a site plan drawn to scale with all existing and proposed green areas, parking areas, associated maneuvering areas and driveways clearly indicated and dimensioned, must indicate required screening, ground slope and drainage provisions and must include a calculation in square feet of the area of paving and the area of the yards in which paving already exists or is proposed to be constructed. No building permit shall be issued unless the requirements of § 325-20D(1) are met.
(2) 
Screening. The entire parking area, except entrances and exits, shall be screened from public ways and adjacent properties. Screening devices shall be at least four feet high, except where they are within 10 feet of the entrance or exit, or within 20 feet of a property lot corner at a street intersection. Screening may consist of hedge planting, walls, fences, trellises or a compatible combination of these elements. Screening is not required where the parking area is screened from the view of adjoining properties by buildings or other accessory structures, or sufficiently dense vegetation located on the same parcel as the parking area. Similarly, screening is not required where buildings or accessory structures without windows or other openings facing the parking area or other such screening devices exist on neighboring parcels and effectively screen the parking area. However, upon removal of said building, accessory structure or other such screening device by the adjoining property owner, the required screening shall be installed within one year.
(a) 
Planting for the purpose of screening. Planting for the purpose of screening shall form a year-round dense screen at least four feet high within two years of the initial planting. Planting areas shall be curbed or otherwise protected from vehicle damage on the parking area sides, be at least eight feet wide and have a minimum three-foot-deep excavation prior to planting.
(b) 
Fences and walls for the purpose of screening. Fences for the purpose of screening must be sufficiently opaque, whether alone or in combination with planting or other design elements, to function as an effective visual barrier. Walls for the purpose of screening must be compatible in scale, texture and color with surrounding structures.
(3) 
Maximum parking area coverage. In order to protect the character of residential areas, plans for parking areas with the capacity of three or more cars within residential zoning districts that permit three or more cars must conform to either the setback compliance method or the landscaping compliance method described respectively in § 325-20F(3)(a) and (b) below. Before applying for a variance from this requirement, an applicant must show that neither method is feasible. Such plans must also comply with all other general and specific standards of § 325-20 and with the District Regulations Chart.[10] Where turnarounds or other maneuvering spaces not required for access to parking spaces are provided that meet minimum size for a parking space, they shall be counted as a parking space for the purpose of this Subsection F(3).
[Amended 6-6-2012 by Ord. No. 2012-03[11]]
(a) 
Setback compliance method. Parking areas using the setback compliance method shall conform to the following standards:
[1] 
Setbacks. The parking area shall not be located within the required minimum side or rear yard setback areas established for the applicable zoning district by the District Regulations Chart. These setbacks shall not apply to any driveway up to 12 feet in width that provides access for vehicles.
[2] 
Maximum yard coverage. The parking area, excluding any driveway up to 12 feet in width that provides vehicle access to a street, but including all other turnaround and vehicle maneuvering areas associated with parking, shall not cover more than 50% of any remaining side or rear yard, as such percentage is calculated after excluding the required minimum side or rear yard setback areas specified for the applicable zoning district by the District Regulations Chart. For the purposes of this calculation, the area of a side or rear yard shall not include the building area of any building or accessory structure located in the yard.
(b) 
Landscaping compliance method.
[1] 
A plan for a parking area using the landscaping compliance method shall be submitted to the Planning and Development Board for review. The required building permit shall not be issued until a plan approved by the Board or the Board's designee (and a certificate of appropriateness is on file with the Building Department where applicable; see below) is on file in the Building Department.
[2] 
The Planning and Development Board may, at its discretion, approve a parking area that covers more than 50% of any side or rear yard (as calculated after excluding the minimum setback areas specified for the applicable zoning district, per the District Regulations Chart), if the Board finds that mitigating factors such as, but not limited to, the following exist:
[a] 
Natural land forms or tall vegetation provide significant shielding of views toward the parking area from the street and/or adjacent properties.
[b] 
The configuration of the parking area protects and preserves existing healthy and mature vegetation, especially trees over eight-inch DBH (diameter at breast height).
[c] 
One or more curbed and landscaped planting areas are provided within the parking area. Any such interior planting area shall be a minimum of 80 square feet with no dimension being less than eight feet.
[d] 
The parking area will be substantially shaded by existing woodland or canopy trees, or the parking area plans call for the planting of trees of a species that, at maturity, will provide canopy shading. Trees currently or prospectively providing such shade may be located around the periphery of the parking area or in interior planting areas. Any such interior planting area accommodating such canopy trees shall be a minimum of 80 square feet with no dimension being less than eight feet. Such interior planting areas shall be curbed and have a minimum three-foot-deep excavation prior to planting.
[3] 
All property owners using the landscaping compliance method must notify surrounding property owners by placing a notice at the project site in a form prescribed by the Planning and Development Board.
[4] 
The Board shall be under no obligation to approve a parking area using the landscaping compliance method; any such approval is discretionary.
[5] 
In the event that the proposed parking area is under the jurisdiction of the Ithaca Landmarks Preservation Commission, the proposed plan shall also be submitted to the Commission for its review. The role of the Commission shall be limited to ruling on the appropriateness of the plan in relation to any adverse impact on the aesthetic, historical or architectural significance or value of the landmark or site in question. A building permit shall not be issued for a plan that has not received a certificate of appropriateness by the Commission, where such a certificate is required.
[10]
Editor's Note: A copy of the District Regulations Chart is on file in the City Clerk's office.
[11]
Editor's Note: This ordinance also provided for the redesignation of this subsection, which was formerly Subsection F(5), as Subsection F(3), and for the redesignation of former Subsection F(3) and (4) as Subsection F(4) and (5).
(4) 
Drainage. Surface or runoff water must be collected and transmitted or piped to the nearest storm sewer or, if a storm sewer is not available, then through underground piping to the street gutter, or provisions shall be made for stormwater retention or recharge. Stormwater drainage systems, including their connections to public stormwater facilities, shall be in accordance with this Code and with the provisions of Chapter 282, Stormwater Management and Erosion and Sediment Control, and shall be subject to approval by the City Engineer. The applicant must provide runoff calculations for the parking area for a two-year storm event and must calculate the appropriate pipe sizes and additional collection devices necessary to carry the water to the public stormwater system. When conditions warrant, the City Engineer may require installation of a sump in the last structure in a parking area runoff collection system prior to the delivery of stormwater to a public stormwater facility. Installation, maintenance and repair of any pipe delivering stormwater to a public stormwater facility shall be the responsibility of the property owner. Such installation, maintenance and repair within a public right-of-way shall only be performed with the written permission of the City Engineer.
(5) 
Maintenance. The landscaping or other elements used to comply with § 325-20F shall be maintained, replaced or pruned as required to fulfill this section's standards, including provision of the required screening and compatibility with the surrounding residential neighborhood.
G. 
Parking areas on lots in nonresidential zoning districts. Plans complying with the requirements of this section shall be submitted for any employee, customer and/or public parking area on a lot in a nonresidential zoning district, or for a residential parking area with the capacity for three or more cars on a lot in a nonresidential zoning district, for the required building permit. Plans submitted must include a site plan drawn to scale with all existing and proposed parking areas, associated maneuvering areas and driveways clearly indicated and dimensioned, and must indicate required screening, ground slope and drainage provisions. The plans shall conform to the following regulations and standards, in addition to all other applicable portions of § 325-20:
(1) 
Access. The portion of access drives extending from the street to the sidewalk, or to the property line, if no sidewalk exists, must be hard-surfaced with concrete, brick, asphalt or other approved material as required by the City Engineer. Drives must be at least 10 feet wide and have clear visibility to the street. Edges of access drives shall be readily visible, and divisions between lanes on multilane access drives shall be marked.
(2) 
Drainage. Surface or runoff water must be collected and transmitted or piped to the nearest storm sewer or, if a storm sewer is not available, then through underground piping to the street gutter, or provisions shall be made for stormwater retention or recharge. Stormwater drainage systems, including their connections to public stormwater facilities, shall be in accordance with this Code and with the provisions of Chapter 282, Stormwater Management and Erosion and Sediment Control, and shall be subject to approval by the City Engineer. The applicant must provide runoff calculations for the parking area for a two-year storm event and must calculate the appropriate pipe sizes and additional collection devices necessary to carry the water to the public stormwater system. When conditions warrant, the City Engineer may require installation of a sump in the last structure in a parking area runoff collection system prior to the delivery of stormwater to a public stormwater facility. Installation, maintenance and repair of any pipe delivering stormwater to a public stormwater facility shall be the responsibility of the property owner. Such installation, maintenance and repair within a public right-of-way shall only be performed with the written permission of the City Engineer.
(3) 
Parking areas on nonresidential zoning district lots when such lots are contiguous to residential zoning district lots. A parking area on a nonresidential zoning district lot when such lot is contiguous to a residential zoning district lot shall be screened from the residential zoning district lot by a solid fence or wall at least six feet high, except within 10 feet of the parking area's entrance or exit. Such fence or wall shall be protected by wheel stops that prevent cars from damaging the fence or wall. Such screening is not required where the parking area is screened from the view of the adjoining residential property by a building or other accessory structure located on the same parcel as the parking area. Similarly, such screening is not required where a building or accessory structure without windows or other openings facing the parking area or other such screening device exist on adjoining residential parcels and effectively screen the parking area. However, upon removal of said building, accessory structure or other such screening device by the adjoining property owner, the required screening shall be installed within one year.
H. 
Parking in WEDZ-1 District. Notwithstanding anything contained herein to the contrary, where off-street parking abuts the sidewalk in the WEDZ-1a or WEDZ-1b District, the two areas must be separated by a low wall, with or without plantings, or a planted hedge. The setback of the wall or hedge must meet the fifteen-foot minimum, twenty-foot maximum setback requirement for new buildings. The area of the setback shall include a minimum eight-foot-wide tree lawn, a minimum five-foot-wide sidewalk and an additional two-foot distance between the sidewalk and the wall or hedge. Where a fifteen-foot setback is not feasible, the Planning and Development Board may approve a minimum eleven-foot-wide sidewalk between the curb and the building facade. If parking and sidewalk are separated by a low wall, the wall must be no less than three feet and no greater than four feet high. A hedge planting may be substituted if the planting area is at least four feet wide. The hedge shall be no less than three feet and no greater than four feet high.
[Amended 2-4-2009 by Ord. No. 2009-03]
I. 
Parking in the Southwest Area. Parking areas are not permitted in the first 100 feet measured from the nearest curb of a public street, unless the minimum setback requirements for the Southwest Area Zoning District have been met in accordance with § 325-29.2B(1) through (3).
J. 
Parking for the U-1 Zoning District.
(1) 
For the purpose of this section, "main campus" shall be defined as the area outlined on the map entitled "Main Campus Parking Inventory, Cornell University Planning Office, March 2006," or on any updated map as provided for in § 325-20I(7) below, a copy of which map is on file in the Ithaca City Clerk's office.
(2) 
Notwithstanding anything contained herein to the contrary, the overall required parking spaces for the U-1 Zoning District shall be the difference between the basic required number of parking spaces and the number of credited spaces for participation in the Cornell University Transportation Demand Management (TDM) Program.
(a) 
The basic required number of parking spaces shall be calculated using the following ratios derived from the Travers Associates' Ithaca/Cornell Parking Study of February 1998:
[1] 
One parking space for each seven undergraduate students; and
[2] 
One parking space for each two graduate students; and
[3] 
Three parking spaces for each four employees; and
[4] 
One additional parking space for each 25 undergraduate students, graduate students and employees combined.
(b) 
The number of credited parking spaces for participation in the TDM Program shall be calculated using the same ratios derived from the Travers Associates' Study of February 1998, to wit:
[1] 
One credited parking space for each seven participating undergraduate students; and
[2] 
One credited parking space for each two participating graduate students; and
[3] 
Three credited parking spaces for each four participating employees; and
[4] 
One additional credited parking space for each 25 participating undergraduate students, graduate students and employees combined.
(3) 
Only full-time undergraduate and graduate students, full-time employees and the full-time equivalents of each who are assigned to or have their primary place of study or work on the main campus shall be included in the above calculations. For the purpose of this section, "full-time undergraduate and graduate students" are defined as students enrolled in 12 credits or more per semester; "full-time employees" are defined as employees who are employed at least 35 hours per week; and "full-time equivalents" are defined as the number of part-time students or employees whose combined credit enrollment equals 12 credits per semester or whose combined hours of employment totals 35 hours per week.
(4) 
It is the purpose of the requirement in Subsection I(2)(a)[4] and (b)[4] above to account for parking required for visitors, vehicles with handicapped permits, service vehicles, off-street loading, occasional parkers, and other miscellaneous parking demands.
(5) 
Parking spaces need not be specifically designated or used as set forth in Subsection I(2) above so long as the total number of spaces is available.
(6) 
Parking spaces required above may be provided at any place or places located on the main campus or any other locations within Tompkins County which are owned, rented or otherwise utilized for parking purposes by the institution or its affiliated institutions, without regard to municipal boundary. To be so counted, any parking spaces located outside the main campus must be utilized for parking by persons who are going to the main campus and must be connected by bus service to, or be within a reasonable walking distance of, the main campus. Any spaces located outside the main campus shall not be considered to satisfy the parking requirements established herein if they are being counted to satisfy the parking requirements of any other section of this chapter, or the parking requirements of any zoning ordinance of any other municipality, for uses other than those located on the main campus.
(7) 
Parking spaces on the main campus shall be identified on the map, “Main Campus Parking Inventory, Cornell University Planning Office, March 2006.” The map shall provide the names of prominent buildings and roads for the sake of geographical reference, and shall provide inventory control numbers for parking areas along with the number of parking spaces in each of the control areas. The Main Campus Parking Inventory map shall be updated every five years following its original date in 2006 and shall be submitted to the Department of Planning, Building and Economic Development by April 15 of the year that an update is required.
[Amended 6-5-2013 by Ord. No. 2013-15[12]]
[12]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
(8) 
The parking areas identified on the Main Campus Parking Inventory map shall also be listed on a parking inventory spreadsheet, which shall give the inventory control number and the number of spaces in each control area and shall also provide the total number of parking spaces on the main campus. The spreadsheet shall be updated every year and shall be submitted to the Department of Planning, Building and Economic Development by April 15 of each year. Accompanying the spreadsheet shall be a summary of the parking changes that occurred in the preceding year.
[Amended 6-5-2013 by Ord. No. 2013-15[13]]
[13]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
(9) 
If the parking spaces in any given control area are not delineated by striping, then the total number of spaces shall be determined by using the parking space requirements outlined under § 325-20C(5) of the City of Ithaca Parking Ordinance.
[Amended 2-4-2009 by Ord. No. 2009-03]
(10) 
Every year, by no later than April 15, Cornell University shall submit to the Department of Planning, Building and Economic Development a parking report that shall include:
[Amended 6-5-2013 by Ord. No. 2013-15[14]]
(a) 
The annual parking inventory spreadsheet and summary;
(b) 
A count of full-time undergraduate and graduate students, full-time employees and the full-time equivalents of each who are enrolled or working at Cornell; and
(c) 
A count of full-time undergraduate and graduate students, full-time employees and the full-time equivalents of each who are enrolled or working at Cornell and who are enrolled in the TDM Program.
[14]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
(11) 
Whenever 25 or more parking spaces on the main campus have been permanently deleted after the last report to the Department of Planning, Building and Economic Development, Cornell shall provide the Department of Planning, Building and Economic Development with a report stating where the spaces were removed as well as provide a statement indicating the total number of parking spaces remaining on the main campus.
[Amended 6-5-2013 by Ord. No. 2013-15[15]]
[15]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
(12) 
Upon receipt of this parking report, the Director of Planning and Development or designee shall make a determination of compliance with regard to the requirements of this Subsection J, and shall submit the University’s report and her/his determination to the City of Ithaca Planning and Development Board for discussion and comment. Copies of the report and the determination of the Director of Planning and Development or designee shall also be provided to the Director of Planning, Town of Ithaca, and the Zoning Officer, Village of Cayuga Heights, for their information.
[Amended 6-5-2013 by Ord. No. 2013-15[16]]
[16]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
A. 
Size requirements. An off-street loading space shall have a minimum of 450 square feet plus necessary additional space for entrance, exit and aisle space.
B. 
Space requirements. The following off-street loading space requirements shall apply to all business and industrial land uses and multiple dwelling structures having more than 25 units, except for properties located in any CBD district:
[Amended 6-5-2013 by Ord. No. 2013-06]
(1) 
One space shall be made available for each use having 3,000 to 10,000 feet of floor space, plus one additional space for each additional 15,000 square feet or major fraction thereof of floor space in a single occupancy over and above 10,000 square feet. In no case shall more than four spaces be required for any use of a single occupancy.
C. 
There shall be no off-street loading requirement for any properties located in any CBD zoning district.
[Added 6-5-2013 by Ord. No. 2013-06]
A. 
Lot size and frontage. Motels shall maintain a minimum lot size of 20,000 square feet and a minimum frontage of 100 feet on a public right-of-way.
B. 
Parking. One car space per sleeping unit shall be provided.
C. 
Paving. Driveways and parking areas must be paved with hard-surface material and properly drained so as to control surface runoff water.
D. 
Driveway width. A minimum width of 22 feet for a driveway shall be provided for two-way traffic movement or two driveways of 12 feet minimum width each shall be provided for one-way traffic into and out from the guest parking area.
E. 
Curb cuts. No more than two curb cuts on a major arterial street or highway shall be permitted.
F. 
Landscaping. All rear and side yards must be planted to a minimum of two feet in width with dense shrubbery or a combination of a decorative fence and shrubbery.
G. 
Illumination. Driveways must be adequately lighted so as to provide safe access and egress. Lighting shall be placed so as to produce no glare to passing motorists or adjacent property.
H. 
Uses. Motels constructed must be limited to guest accommodation and management offices and uses accessory thereto.
A. 
All uses shall conform to the current New York State Board of Health requirements and to the standards listed below:
[Amended 2-4-1998 by Ord. No. 98-1]
(1) 
Noise. Noise levels at any point along the lot line of any land use shall not exceed intensities considered acceptable by the American Standards Association. Sound or noise levels deemed by the ASA standards injurious or detrimental to adjacent land uses must be confined to the emitting land use.[1]
[1]
Editor's Note: See Ch. 240, Noise.
(2) 
Smoke. No smoke shall be emitted in violation of any provisions of this Code.
(3) 
Odor. No odor shall be emitted in violation of any provisions of this Code.
(4) 
Ash, dust and dirt. No amount of soot, cinders, dust or dirt shall be emitted in violation of any provisions of this Code.
(5) 
Glare and heat. No direct or reflected glare or heat from any source shall be detectable beyond the lot lines of any land use.
(6) 
Pollution. No connection with any public sewer or appurtenance shall be made or maintained in such a manner that there may be conveyed or created any hot, suffocating, corrosive, flammable, poisonous or explosive liquid, gas, vapor, substance or material of any kind. No wastes conveyed to or allowed to flow in and through the sewer or appurtenance shall contain materials which contain or create deposits obstructing the flow in the sewer.
(7) 
Vibration. No use shall be operated so that ground vibration is perceptible without instruments at any point along the lot lines of such uses.[2]
[2]
Editor's Note: Former Subsection B, regarding yard and exterior property maintenance, added 5-1-1985 by Ord. No. 85-5, as amended, which Subsection B immediately followed this subsection, was repealed 6-13-2001 by Ord. No. 2001-8. This ordinance also repealed former Subsection C, regarding maintenance of the area between the sidewalk and the curb, added 2-4-1998 by Ord. No. 98-1. See now Ch. 178, Exterior Property Maintenance.
A. 
Intent. The intent of this section is to permit a broad range of uses in certain Industrial Districts by establishing standards of performance to protect residential districts from adverse effects of industrial activities and to promote a safe and healthy environment in and near the Industrial District.
B. 
General restrictions. All uses in districts where reference is made to this section shall conform to performance standards herein and shall be constructed, maintained and operated so as not to be injurious or offensive to occupants of adjacent properties or to those passing by on a public way by reason of the emission of noise, vibration, smoke, dust or other particulate matter, toxic or noxious waste materials, odors, fire and explosive hazards or glare.
(1) 
All production or processing of materials or substances shall be enclosed by a fence or other safe barriers for the public safety and visual screening.
(2) 
All storage shall be effectively screened from the view of pedestrian passersby on any public way adjacent to the premises containing such storage.
(3) 
Storage of waste products must be completely enclosed within a building or storage shed.
(4) 
Outside display of finished or semifinished products must be effectively screened from the view of pedestrian passersby on any public way adjacent to the premises on which such products are displayed.
C. 
Noise. Sound levels shall be measured with a sound-level meter and associated octave-band filter, and they shall not exceed standards prescribed by the American Standards Association at any point along the sound-producer's lot line. Objectionable noises due to intermittance, beat frequency or shrillness shall be muffled so as not to become a nuisance to adjacent uses.
D. 
Vibration. No use or associated activity shall be operated so that ground vibration is perceptible without instruments at any point along the lot lines of such use.
E. 
Smoke. No smoke shall be emitted in violation of this Code. Industries shall be required to monitor their own emissions when the County Health Department finds it necessary for environmental health reasons to check an industry's smoke, particulate or heat pollution levels.
F. 
Dust, dirt, odor and fumes. No amount of dust, dirt, soot, cinders, odors or fumes shall be emitted in violation of this Code. Every use shall be so operated as to prevent the emission into the air of dust or other solid matter, odors or fumes in amounts which exceed the maximum standards of the New York State Board of Health. No objectionable, noxious, toxic or corrosive fumes or gases shall be emitted. A noxious or objectionable odor concentrate shall be deemed to be present at the point at which it can be perceived by smell or otherwise affects the breathing process.
G. 
Fire and safety. All uses must conform to Building Code[1] standards and shall operate so as to minimize the danger of fire or explosion by conforming to the requirements of the National Fire Code.
[1]
Editor's Note: See Ch. 146, Building Construction.
H. 
Glare and heat. Glare or heat resulting from the day-to-day operation of the industry or from exterior signs, building materials or other objects situated on the lot shall not be detectable beyond the lot line of that land use.
I. 
Industrial sewage and waste. Every use shall be so operated as to prevent the discharge into any public sewer, stream, river, lake or the ground of waste or other matter in amounts which will exceed the maximum standards of the Tompkins County Health Department and the New York State Department of Environmental Conservation. No connection with any public sewer or appurtenance shall be made or maintained in such a manner that there may be conveyed or created any hot, suffocating, corrosive, flammable, poisonous or explosive liquid, gas, vapor or substance or material of any kind. No wastes conveyed to or allowed to flow in or through the sewer or appurtenance shall contain materials which contain or create deposits obstructing the flow in the sewer.
J. 
Enforcement. The Director of Zoning Administration shall be responsible for alerting the appropriate agency or department of a need for performance measurement when he/she becomes aware of a possible infraction of the special performance standards. Enforcement of this section shall be under the jurisdiction of the Director of Zoning Administration and shall comply with Article VII of this chapter.
[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.
K. 
Penalties for violation. Any person who violates any provision of this section shall be guilty of an offense. Each week's continued violation will constitute a separate offense. Each offense shall be punishable by a fine not exceeding $1,000.
L. 
Civil proceedings. In addition to other remedies, the Director of Planning and Development or designee may institute appropriate action or proceedings to prevent any unlawful conduct or emissions prohibited by this section or to compel compliance with the provisions of this section.
[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.
Accessory structures, including private garages, storage sheds, toolhouses, garden houses, playhouses or similar structures, shall be exempt from side yard requirements contained in the District Regulations Chart in § 325-8[1] and shall be governed by the requirements below:
A. 
Accessory structures wholly or partially above grade. Accessory structures which are wholly or partially above finished grade are permitted in any side or rear yard but not in a required front yard, except as permitted under the further provisions of this section. Corner lots shall be considered to have two front yards.
B. 
Accessory structures below grade. Any accessory structure may be placed anywhere on a building lot if it is entirely below the finished grade or entirely below the first-floor level, provided that it does not obstruct light and air from adjacent property, subject to the further provisions of this section.
C. 
Frame accessory buildings. Frame accessory buildings may not be placed less than three feet from any side lot line or rear lot line in all districts, except in R-1 Districts, where accessory buildings may not be placed less than six feet from any side lot line nor less than three feet from any rear lot line, subject to further provisions of this section.
D. 
Garage or carport. Erection of a detached garage or carport for the accommodation of private passenger vehicles across a common lot line by mutual agreement between adjoining property owners shall be permitted.
[1]
Editor's Note: The District Regulations Chart is located at the end of this chapter.
[Amended 3-26-2004 by Ord. No. 2004-3; 10-3-2018 by Ord. No. 2018-10]
No new structure shall be located nearer than 20 feet to an inlet wall or to the bank of an inlet channel or stream, measured at an average water level, except for those structures directly connected with marine or public or commercial recreation activities. (See illustration below.) Properties located within the Cherry Street District, the Market District, the Newman District, and the West End/Waterfront District are exempt from this requirement.
[1]
Editor’s Note: Former § 325-27, Temporary moratorium, added 10-3-2007 by Ord. No. 2007-8, as amended, was removed as its provisions expired 18 months after its effective date.
[1]
Editor's Note: Former § 325-28, Marine Commercial District, was repealed 10-3-2018 by Ord. No. 2018-10.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
Officially designated landmarks or landmark districts of the City shall be governed by the provisions of Chapter 228, Landmarks Preservation, of this Code with respect to changes in appearance. The Director of Planning and Development or designee shall be responsible for informing applicants of building, grading, excavation or demolition permits affecting any landmark structure, monument, site or district of the existence of such provisions. The Director of Planning and Development or designee shall further refer such application, together with all necessary drawings and written material necessary for a full description of the work proposed, to the City Landmarks Preservation Commission for review and report prior to issuing any such permit. Upon receipt from the Commission of a certificate of appropriateness concerning the proposed work, the Director of Planning and Development or his/her designee may issue such permit and may require any changes to the proposed work which the Commission recommends.
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
[Added 10-4-2000 by Ord. No. 2000-10]
A. 
Findings. Based upon a comprehensive study of the adverse secondary impacts of adult use establishments as documented in accordance with the ruling of the U.S. Supreme Court in the matter of the City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), and commissioned by the Department of Planning and Development of the City of Ithaca, the City of Ithaca finds that:
(1) 
There are adverse secondary impacts associated with the establishment and operation of adult-oriented businesses within a community;
(2) 
Among these adverse secondary impacts are a deterioration in the local quality of life, an adverse effect upon local property values, an adverse effect upon local economic viability, an imposition, whether intentional or unintentional, of exposure to adult-oriented expression undesired by neighbors, pedestrians and passersby, an increase in traffic, noise, litter and nuisance, criminal and illicit sexual behavior, a threat to the health and safety of children and young adults and an undermining of the established sense of community;
(3) 
These adverse secondary impacts of the establishment and operation of adult-oriented businesses are a threat to the general health, safety and economic viability of the community;
(4) 
The unregulated establishment and operation of adult-oriented businesses would lead to the widespread imposition of adverse secondary impacts upon the residents, businesses, economic viability, property values, and quality of life of the City and would therefore be detrimental to the general health, safety and economic viability of the community;
(5) 
The United States Constitution, and the Constitution and laws of the State of New York grant to the City of Ithaca the powers, especially police powers, to enact reasonable legislation and measures to regulate the location and operation of adult-oriented businesses, hereinafter defined, in order to protect the general health, safety and economic viability of the community.
B. 
Statement of intent.
(1) 
It is the express intent of the City of Ithaca in adopting this section to:
(a) 
Ameliorate, mitigate, reduce or prevent the widespread and unregulated imposition of the adverse secondary impacts of adult-oriented businesses upon the residents, businesses, economic viability, property values, quality of life and general health, safety and welfare of the community;
(b) 
Protect the right of free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses.
(2) 
It is not the intent of the City of Ithaca in adopting this section to:
(a) 
Deny any person the right of free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses; or
(b) 
Impose upon any person any additional limitations or restrictions upon the right of free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses, beyond those granted to the City under the United States Constitution, the New York State Constitution and the laws of the State of New York regarding the time, place and manner of that free expression. These constitutionally protected rights are understood to include the right to sell, distribute and exhibit the legal goods and services offered by adult-oriented businesses; or
(c) 
Impose upon any person any additional limitations or restrictions upon the right to obtain, view or partake of any communications guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses, beyond those granted to the City under the U.S. Constitution, the New York State Constitution and the laws of the State of New York regarding the time, place and manner of that free expression; or
(d) 
Estimate, decide, determine, resolve, consider, conclude, judge or qualify in any manner or fashion the quality or value of the content, nature, message, form, format, appearance, substance or presentation of the free expression guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses.
(3) 
Aware that, according to numerous decisions by both federal courts and courts of the State of New York, the regulation of the location of adult businesses must be based upon a finding of the adverse secondary impact of these businesses upon the community and must be directed solely toward the mitigation of these impacts, not be directed toward any form of speech or expression, be no broader than necessary and must provide alternative locations within the City for adult use businesses, the City of Ithaca hereby adopts this amendment to its City Zoning Law.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT ENTERTAINMENT BUSINESSES
Includes adult book stores, adult video stores, adult motion-picture theaters, adult mini-motion-picture theaters, adult cabarets, and adult drive-in theaters, which shall be defined as follows:
(1) 
An establishment having a substantial or significant portion of its stock-in-trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below.
(2) 
An establishment having as a substantial or significant portion of its stock-in-trade video films, videocassettes or other films for sale or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below.
(3) 
A building with a capacity of 50 persons or more used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.
(4) 
An enclosed building with a capacity of less than 50 used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.
(5) 
An establishment which features live go-go dancers, exotic dancers, strippers, male or female, male or female impersonators or similar entertainers whose performances are characterized by partial or full nudity.
(6) 
A drive-in theater utilized for the presentation of materials distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below for the observation of patrons therein.
ADULT PHYSICAL CONTACT ESTABLISHMENT
Any establishment which offers or purports to offer massage or other physical contact to patrons. Medical offices, offices of persons licensed or authorized under the Education Law to practice massage therapy, offices of persons licensed or otherwise authorized by the Education Law as physical therapists or physical therapist assistants and electrolysis, karate, judo and dance studios are not to be considered adult physical contact establishments under this section.
[Amended 1-4-2017 by Ord. No. 2017-02]
ADULT USE BUSINESS
Any business which:
(1) 
Is the use of land, structure or location for an adult entertainment business or as an adult physical contact establishment as herein defined; or
(2) 
Is any use of land, structure or location which, by the provisions of the Penal Law, is required to restrict the access thereto by minors; or
(3) 
Is an establishment, location, building or structure which features topless dancers, nude dancers or strippers, male or female; or
(4) 
Is a location, building or structure used for presenting, lending or selling motion-picture films, videocassettes, cable television or any other such visual media, or used for presenting, lending or selling books, magazines, publications, photographs or any other written materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below.
(1) 
Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; or
(2) 
Human male genitals in a discernable turgid state, even if completely or opaquely covered.
(1) 
Human genitals in a state of sexual stimulation or arousal; or
(2) 
Acts of human masturbation, sexual intercourse or sodomy; or
(3) 
Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breast.
D. 
Location.
(1) 
Adult uses may only be located within the Adult Use Overlay Zone, as shown on the Official City Zoning Map.
[Amended 10-3-2018 by Ord. No. 2018-10]
(2) 
Adult uses may not be located, when initially opened as, or converted to, an adult use:
(a) 
Within 350 feet of the boundary of any residential zoning district.
(b) 
Within 350 feet of any property, including the exterior lot, used as a licensed day-care facility.
(c) 
Within 350 feet of any structure, including the exterior lot, which has tax exempt status as a religious or educational use.
(d) 
Within 350 feet of any waterfront, park or farmers' market.
(e) 
Within 350 feet of any gymnastic center, library or museum.
(f) 
Within 200 feet of the boundary of any Marine Commercial Districts.
E. 
Public view and lighting.
(1) 
Lighting throughout an adult use establishment shall be sufficient to illuminate every place to which patrons are permitted access.
(2) 
Any and all booths, cubicles, studios, studies and rooms for the private viewing of adult motion pictures and/or live performances or areas shall:
(a) 
Be open to public view from the common area of the establishment;
(b) 
Not have any doors, curtains, blinds or other structures or devices that shall impede observation of the entire area of such private viewing areas from the common area of the establishment;
(c) 
Be well lighted and readily accessible at all times and shall continuously be open to view.
F. 
Sale of alcohol prohibited. The sale and/or consumption of alcohol is prohibited within the designated adult use zone.
G. 
Site plan review/landscaping.
(1) 
All adult use establishments shall be subject to Chapter 272 entitled "Signs," of the Code of the City of Ithaca.
(2) 
All adult use establishments, when initially opened as, or converted to, an adult use shall be subject to Chapter 276 entitled "Site Plan Review," of the Code of the City of Ithaca and shall be subject to appropriate landscaping as determined in the site plan review process.
[Added 6-13-2001 by Ord. No. 2001-6]
A. 
General note. Any and all development projects within the SW-1 District and Sub-districts SW-2 and SW-3 shall be subject to the guidelines set forth in the Design Guidelines for the Southwest Area, Meadow Street, and Elmira Road Corridor. The design guidelines shall be implemented by the Planning Board during the site plan review (SPR) process. No building permits shall be issued until the Planning and Development Board has granted final site plan approval and all conditions of site plan approval have been met.
B. 
Building setback.
[Amended 12-3-2003 by Ord. No. 2003-21]
(1) 
SW-1: A minimum of 60% of a lot's street frontage must be occupied by a building or buildings with a maximum setback of 30 feet from the curb. The Planning Board may allow a portion, not to exceed a third of the required sixty-percent-building frontage, to be occupied by an integrated architectural wall.
(2) 
SW-2: A minimum of 35% of a lot's street frontage must be occupied by a building or buildings with a maximum setback of 34 feet from the curb and a minimum setback of 15 feet. The Planning Board may allow a portion, not to exceed a third of the required thirty-five-percent-building frontage, to be occupied by an integrated architectural wall.
(3) 
SW-3: Same as SW-2.
(4) 
Alternative building setback in all Southwest Zoning Districts: In lieu of compliance with § 325-29.2B(1) through (3), a building may have a minimum setback of 100 feet measured from the nearest curb of a public street.
C. 
Minimum store size.
(1) 
SW-1: Retail store size must be a minimum of 5,000 square feet, with the exception of individual freestanding structures having only one tenant, food establishments, banks and light industrial uses. A freestanding structure is considered one that has a minimum of 50 feet of separation from any other building. For buildings with multiple tenants, each retail space must be at least 5,000 square feet, except that in any one building, there may be one tenant with square footage of less than 5,000 square feet.
(2) 
SW-2: None.
(3) 
SW-3: Same as SW-1.
NOTE: All columns established by this Subsection C are subject to the supplementary regulation stated in Article V. (See Chapter 325, Article V, Supplemental Regulations, § 325-29.2B, Building setback.)
[Added 6-13-2001 by Ord. No. 2001-8]
A. 
Declaration of purpose. The purposes of Chapter 178, as set forth in § 178-1, are hereby incorporated into and apply to this section.
B. 
Definitions. The definitions in Chapter 178, as set forth in § 178-2, are hereby incorporated into and apply to this section.
C. 
It shall be the duty and responsibility of all owners of property in the City of Ithaca to ensure the following:
(1) 
No dumpster may be placed or allowed to remain on any properties in the R-1 or R-2 Zoning District except pursuant to a variance from the Board of Zoning Appeals, as provided by this section. Dumpsters for which variances are granted must be out of the public view or meet all of the screening requirements of Subsection C(7) hereof and may be located in front yards only if the Board of Zoning Appeals finds there is no practical alternative location.
(2) 
Dumpsters may be placed and allowed to remain on properties in the R-3 or R-U Zoning District if they are out of the public view or meet all of the screening requirements of Subsection C(7) hereof. Screened dumpsters may not be placed or allowed to remain in place in front yards unless the Board of Zoning Appeals finds there is no practical alternative location and grants a variance, as provided by this section.
(3) 
A dumpster in the R-1, R-2, R-3 or R-U Zoning District can serve only the property on which it is located and can serve only one property.
(4) 
All dumpsters must have tightly fitting covers that are kept closed at all times except when the dumpster is in the process of being filled or emptied. Garbage, recyclable materials, and other solid waste must be completely contained within the dumpster and shall not accumulate so that the dumpster cover cannot be firmly closed.
(5) 
Dumpsters shall not be located in any area that the City Code requires must be constructed or maintained unencumbered to comply with fire, building or public safety laws or requirements.
(6) 
All dumpsters shall have the name and telephone number of the company or individual owning such dumpster clearly printed, in letters at least three inches high, on either the front or back of the dumpster.
(7) 
Dumpsters in the R-1, R-2, R-3 or R-U Zoning District that are located in the public view must meet the following screening requirements:
(a) 
Dumpsters shall be surrounded on all sides that are visible from the public view by enclosure walls or vegetation screens such as trees or hedges. There shall be a minimum of two feet of clearance between the dumpster and each wall or vegetation screen. The walls or vegetation screen shall be a minimum of four feet in height, but in any event the walls or vegetation screen shall be higher than the dumpster and shall fully screen the dumpster from the public view.
(b) 
Constructed enclosure walls shall be made of wood, masonry or other materials compatible with the main structure or surroundings. Chain-link fencing shall not be considered acceptable screening material. Enclosure walls must be constructed of masonry or other noncombustible materials if they are within the fire limits of the City, as that term is defined in § 181-13 of the City Code. The minimum dimension for wood screening materials shall be one inch by four inches. Enclosures and partial enclosures shall be constructed to be as inconspicuous as possible.
(c) 
Where vegetation screens are used, they shall form a year-round dense screen at least four feet high, and in any event at least as high as the dumpster, within two years of the initial planting.
(d) 
Where a gate is necessary to provide access to the hauler, the gate shall either swing fully outward or slide parallel to the wall of the enclosure. Gates shall be designed to be secured when in the open and closed positions. Gates shall be closed at all times except when the dumpster is being accessed. There shall be a minimum of 10 inches of clearance between the bottom of the gate and ground.
(e) 
All enclosures and partial enclosures (whether constructed or created by vegetation screens) shall be easily accessible to collection vehicles and personnel. The area directly in front of an enclosure or partial enclosure shall have less than a two-percent slope, to make manipulation of dumpsters as easy as possible. Steel poles or other types of stop devices shall be placed near the back of the enclosure/partial enclosure to prevent damage from the dumpster when it is set back in the enclosure/partial enclosure. In addition, where vegetation screens are used to screen one or both sides of a dumpster, the plantings shall be curbed or otherwise protected from damage by collection vehicles and by the dumpster as it is moved in and out of the enclosure.
(f) 
Property owners must keep constructed enclosures and partial enclosures in good repair and in a safe and structurally sound condition. Property owners must maintain the effectiveness of vegetation screens by properly caring for and replacing, as necessary, the plantings that serve as screening devices.
(g) 
The property owner shall be responsible for the cleanup of the interior of each enclosure and partial enclosure. Enclosure areas and partial enclosure areas shall be kept free from litter and other solid waste, except for that which is placed in dumpsters. Enclosure areas and partial enclosure areas shall be maintained to prevent odors and rodent and insect infestation. Garbage and other solid waste shall not accumulate in any manner that creates a visual or public health or safety nuisance.
(h) 
Recycling receptacles may be located inside the enclosure or partial enclosure.
(8) 
Property owners in the R-3 or R-U Zoning District who have dumpsters on their property as of the effective date of this subsection and who intend to comply with this section by screening the dumpster shall have one year from the effective date of this subsection to complete the plantings or the construction of the enclosure or partial enclosure and other related construction requirements.
(9) 
Property owners in the R-1 and R-2 Zoning Districts who have dumpsters on their property as of the effective date of this subsection, apply for a variance from the Board of Zoning Appeals within 60 days of the effective date of this subsection, and obtain a variance from the Board of Zoning Appeals to maintain a screened dumpster shall have one year from the date of the variance to complete the plantings or the construction of the enclosure or partial enclosure and other related construction requirements.
D. 
In making any determination with respect to any proposed dumpster, the Board of Zoning Appeals shall be guided by the general purpose of this section, as stated in § 325-29.3A, and shall also consider the following:
(1) 
Need for the dumpster: the number of tenants to be serviced by the dumpster and the availability of alternative methods of solid waste storage and disposal.
(2) 
Proximity to neighbors: the proximity of the proposed dumpster to neighboring properties and residences.
(3) 
Other dumpsters: other dumpsters in the vicinity of the proposed dumpster.
(4) 
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 values or material inconvenience to neighboring inhabitants or material interference with the use and enjoyment by the inhabitants of the neighboring property.
E. 
In granting any variance, the Board of Zoning Appeals shall specify the exact location of any dumpster on a property, make a determination as to whether the dumpster will be out of the public view, require the dumpster to be screened as provided in Subsection C(7) hereof if it will not be out of the public view, and impose other requirements as necessary to meet the general purpose of this chapter.
F. 
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.
G. 
The provisions of this section shall not apply to dumpsters used solely for construction and demolition debris. The use of such dumpsters shall be regulated by Building Department construction or demolition permits.