This chapter shall be enforced by the Director
of Building and Zoning or any other person designated by the Town
Board, and duly appointed deputies, all herein collectively referred
to from time to time as the Code Enforcement Officer.
Every applicant for any approval, remedy or
any other relief under this article or any other article of this Zoning
Chapter shall disclose the information required by § 809
of the General Municipal Law.
[Amended 12-29-2006 by L.L. No. 16-2006]
A.
No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, repair, removal, or demolition of any building or structure (including signs, except as specified in Article XXIX, Signs), nor install heating equipment, nor undertake any other work which must conform to New York State's Uniform Fire Prevention and Building Code or the Energy Code Supplement found at Chapter 144 of the Code of the Town of Ithaca, without having applied for and obtained a building permit from a Code Enforcement Officer pursuant to Chapter 125 of the Code of the Town of Ithaca. Notwithstanding the foregoing, no building permit shall be required under those circumstances specified in § 125-4A of the Code of the Town of Ithaca for which no building permit is required.
[Amended 8-7-2017 by L.L.
No. 12-2017; 6-14-2021 by L.L. No. 8-2021]
B.
No permit to build shall be issued except pursuant
to written order of the Board of Appeals, where the proposed construction,
alteration, or use would be in violation of any provision of this
chapter or would occur on a parcel on which a violation of any provision
of this chapter exists. Notwithstanding the foregoing, this subsection
shall not prohibit the issuance of a permit to repair or replace a
roof or another element of a structure that needs such repair or replacement
in order to maintain the structure’s integrity in the determination
of the Director of Code Enforcement, even if there is an existing
violation of this chapter on the parcel.
[Amended 2-11-2013 by L.L. No. 2-2013]
[Amended 12-29-2006 by L.L. No. 16-2006; 5-12-2014 by L.L. No. 9-2014]
A certificate of occupancy or certificate of compliance shall be required for all work and other circumstances specified in § 125-7 of the Code of the Town of Ithaca.
There is hereby established a Zoning Board of
Appeals which shall function in the manner prescribed by law (except
as the same may be superseded by the terms of this chapter as set
forth below).
A.
Membership.
(1)
There shall be five members of the Zoning Board of
Appeals. The members of the Zoning Board of Appeals shall be residents
of the Town of Ithaca and shall be appointed by the Town Board to
serve for terms as prescribed by law. Vacancies occurring in said
Board by expiration of term or otherwise shall be filled in the same
manner. No person who is a member of the Town Board shall be eligible
for membership on the Zoning Board of Appeals.
(2)
Alternate members.
[Amended 11-13-2006 by L.L. No. 14-2006]
(a)
There may be appointed additionally up to two
alternate members of the Zoning Board of Appeals. Alternate members
shall be appointed by resolution of the Town Board for terms established
by the Town Board.
(b)
The Chairperson of the Zoning Board of Appeals
shall designate an alternate member to substitute for a regular member
in the event that a regular member is unable or unwilling to vote
because of a conflict of interest, recusal, absence, abstention, or
any other reason and an alternate member is present at the meeting
when the designation takes place.
(c)
If more than one alternate member is present at a meeting when the Chairperson is designating an alternate member to substitute for a regular member, the Chairperson shall designate the alternate member who has not served on a case or matter the most recently. If that alternate member is not able or willing to vote for a reason listed in Subsection A(2)(b) above, then the Chairperson shall designate the other alternate member to serve.
(d)
To the extent this provision is inconsistent
with Town Law § 267(11), it is intended to supersede such
section, in accordance with Municipal Home Rule Law § 10(1)(ii)d(3).
All other rights, responsibilities and procedures related to alternate
members set forth in said § 267 shall apply.
B.
The Town Board shall designate the Chairperson of
the Zoning Board of Appeals. The Zoning Board of Appeals shall choose
its own Vice Chairperson who shall preside in the absence of the Chairperson.
In the absence of both the Chairperson and Vice Chairperson, the Zoning
Board of Appeals shall choose one of its number as Acting Chairperson.
Such Chairperson, or the party acting as Chairperson in the Chairperson's
absence, may administer oaths and compel the attendance of witnesses.
The Zoning Board of Appeals may appoint a secretary who shall take
minutes of all its meetings and keep its records.
C.
The Zoning Board of Appeals shall adopt from time
to time such rules and regulations as it may deem necessary to carry
into effect the provisions of this chapter and all its resolutions
and orders shall be in accordance therewith.
D.
Any person aggrieved by any decision of any officer
of the Town charged with the enforcement of this chapter may take
an appeal to the Zoning Board of Appeals.
E.
The Zoning Board of Appeals shall, in accordance with
the provisions of this chapter and in accordance with the provisions
of Town Law § 267 et seq. hear and determine appeals from
any refusals of a building permit or certificate of occupancy or certificate
of compliance by the person designated by the Town Board, or review
any order or decision of said person where such order or decision
is based upon the requirements of this chapter.
[Amended 5-12-2014 by L.L. No. 9-2014]
F.
The Zoning Board of Appeals, on appeal from the decision
or determination of the Code Enforcement Officer, shall have the power
to grant use and area variances (as the same are defined in Town Law§ 267).
In doing so, in addition to any other requirements set forth in this
chapter, the Zoning Board of Appeals, in determining whether to grant
a use or an area variance shall consider all of the matters set forth
in Town Law § 267-b including specifically the considerations
set forth in § 267-b, 2 and 3, or any successor statute.
G.
The Zoning Board of Appeals shall also hear and decide all matters referred to it or upon which it is required to pass by the terms of this chapter. In deciding such matters referred to it by the terms of this chapter and in granting special approval the Zoning Board of Appeals shall follow the procedures and apply the criteria set forth in Article XXIV, Special Permits and Special Approvals, of this chapter.
H.
At the option of the Zoning Board of Appeals, it may
refer a matter to the Planning Board for a recommendation before taking
action. Such referral shall not extend the time within which the Zoning
Board of Appeals, by law, must act. Failure of the Planning Board
to timely respond to such a referral shall not preclude action by
the Zoning Board of Appeals nor otherwise affect the validity of any
actions taken by the Zoning Board of Appeals.
I.
In granting variances or special approvals the Board
may impose upon the applicant such reasonable conditions as are directly
related to and incidental to the proposed use of the property or the
period of time such variance or special approval shall be in effect.
Such conditions shall be consistent with the spirit and intent of
the Zoning Ordinance or Local Law, and shall be imposed for the purpose
of minimizing any adverse impact such variance or approval may have
on the neighborhood or community.
J.
Unless work has commenced in accordance with the variance
or special approval given by the Zoning Board of Appeals within one
year from the issuance of the building permit authorizing such work,
or within 18 months of the granting of such variance or special approval,
whichever is earlier, not only the building permit but the variance
or special approval shall expire and the permissible uses and construction
on the property shall revert to those in effect prior to the issuance
of such special approval or variance.
There is hereby established a Planning Board
which shall function in the manner prescribed by law (except as the
same may be superseded by the terms of this chapter as set forth below).
A.
Membership.
(1)
There shall be seven members of the Planning Board.
The members of the Planning Board shall be residents of the Town of
Ithaca and shall be appointed by the Town Board to serve for terms
as prescribed by law. Vacancies occurring in said Board by expiration
of term or otherwise shall be filled in the same manner. No person
who is a member of the Town Board shall be eligible for membership
on the Planning Board. To the extent reasonably possible, and in the
sole discretion of the Town Board, one or more of the members may
be an agricultural member as defined in § 271 of the Town
Law.
(2)
Alternate members.
[Amended 3-12-2007 by L.L. No. 4-2007]
(a)
There may be appointed additionally up to two
alternate members of the Planning Board. Alternate members shall
be appointed by resolution of the Town Board for terms established
by the Town Board.
(b)
The Chairperson of the Planning Board shall
designate an alternate member to substitute for a regular member in
the event that a regular member is unable or unwilling to vote because
of a conflict of interest, recusal, absence, abstention, or any other
reason and an alternate member is present at the meeting when the
designation takes place.
(c)
If more than one alternate member is present at a meeting when the Chairperson is designating an alternate member to substitute for a regular member, the Chairperson shall designate the alternate member who has not served on a case or matter the most recently. If that alternate member is not able or willing to vote for a reason listed in Subsection A(2)(b) above, then the Chairperson shall designate the other alternate member to serve.
(d)
To the extent this provision is inconsistent
with Town Law § 271(15), it is intended to supersede such
section, in accordance with Municipal Home Rule Law § 10(1)(ii)d(3).
All other rights, responsibilities and procedures related to alternate
members set forth in said § 271 shall apply.
B.
The Town Board shall designate the Chairperson of
the Planning Board. The Planning Board shall choose its own Vice Chairperson
who shall preside in the absence of the Chairperson. In the absence
of both the Chairperson and Vice Chairperson, the Planning Board shall
choose one of its number as Acting Chairperson. Such Chairperson,
or the party acting as Chairperson in the Chairperson's absence, may
administer oaths and compel the attendance of witnesses. The Planning
Board may appoint a Secretary who shall take minutes of all its meetings
and keep its records.
C.
The Planning Board shall adopt from time to time such
rules and regulations as it may deem necessary to carry into effect
the provisions of this chapter and all its resolutions and orders
shall be in accordance therewith.
D.
The Planning Board shall, in accordance with the provisions
of this chapter and in accordance with the provisions of Town Law § 271
et seq. hear and determine site plan approval requests, special permit
requests, subdivision applications, and such other matters as may
be referred to such Board under this chapter or otherwise.
E.
The Planning Board, in making any determination shall
have the powers granted to Planning Boards by, and shall apply the
procedures and criteria set forth in, this chapter, the laws of the
State of New York, and any other law, ordinance, or resolution duly
adopted at any time by the Town Board or Planning Board.
F.
In granting site plan approvals, special permits,
subdivision approvals, or in taking any other actions in response
to any application, the Board may impose upon the applicant such reasonable
conditions as are directly related to and incidental to the proposed
use of the property or the period of time such special permit or other
approval shall be in effect. Such conditions shall be consistent with
the spirit and intent of the Zoning Ordinance or Local Law, and shall
be imposed for the purpose of minimizing any adverse impact such permit
or approval may have on the neighborhood or community.
G.
Unless work has commenced in accordance with the site
plan approval or special permit given by the Planning Board within
one year from the issuance of the building permit authorizing such
work, or within 18 months of the granting of such approval or special
permit, whichever is earlier, not only the building permit but the
approval or special permit shall expire and the permissible uses and
construction on the property shall revert to those in effect prior
to the issuance of such approval or special permit.
H.
In making recommendations to the Town Board and the
Zoning Board of Appeals, the Planning Board shall determine that:
(1)
There is a need for the proposed use in the proposed
location.
(2)
The existing and probable future character of the
neighborhood in which the use is to be located will not be adversely
affected.
(3)
The proposed change or use is in accordance with a
Comprehensive Plan of development of the Town.
In addition to any other notice required by
law, a public notice shall be posted by the applicant on the property
that is the subject of certain applications as set forth in this section.
A.
The sign shall be so posted in the following circumstances:
(1)
If a variance, special approval, or determination
is being sought from the Zoning Board of Appeals, the notice shall
be posted before the initial Zoning Board of Appeals public hearing
on the matter.
(2)
If a subdivision approval, a site plan approval, or
special permit is being sought from the Planning Board, the notice
shall be posted before the first Planning Board public hearing on
the application.
(3)
If a determination is being sought which requires
affirmative action by both the Zoning Board of Appeals and the Planning
Board, the notice shall be posted before the first public hearing
before either Board occurs.
(4)
If the application is for rezoning of a parcel or
parcels of land in conjunction with a proposed development on same
a notice shall be posted and it shall be posted prior to the initial
Planning Board hearing on the proposed rezoning. If the rezoning is
a rezoning generally of the neighborhood independent of a particular
application for a particular project, or is a rezoning of an area
of more than 300 acres, there shall be no posting requirement unless
the Town Board directs such posting. In such event the Town Board
may designate the location and frequency of such posting, which may
be different than otherwise required hereunder.
B.
The posting shall occur at least 14 and not more than
30 days before the first meeting of the Board at which the matter
is to be heard as set forth above.
C.
The sign shall be posted in a location clearly visible
from the roadway at or near the center of each of the property lines
of the property under consideration which property line fronts on
an existing public or private roadway. If the road frontage exceeds
1,000 feet, signs shall be posted at five-hundred-foot intervals along
the frontage. When the Town Planner or Town Building Inspector and
Zoning Enforcement Officer finds that the particular circumstances
of an application warrants more signs than required by this provision,
the applicant shall post such additional signs as may be directed
by either of such officers.
D.
Such signs shall be continuously maintained by the
applicant and displayed facing the roadway until final action has
been taken by the Board involved approving or denying the application
or appeal, or until the application is withdrawn. Signs shall be removed
within 15 days of the final action or withdrawal of the application.
E.
The required signs shall be obtained from the Town
Planner or his/her designee, Code Enforcement Officer, or Town Clerk
and shall contain the information set forth on the form of sign supplied
by the Town. Fees for such signs shall be set from time to time by
Town Board resolution.
[Amended 12-7-2009 by L.L. No. 27-2009[1]]
[1]
Editor’s Note: This local law also provided for an effective
date of 1-1-2010.
F.
Failure to post or maintain the signs as provided
in this section shall not be a jurisdictional defect and any action
taken by any Board in connection with the application shall not be
nullified or voidable by reason of the failure to comply with this
section. However, the failure to post or maintain the sign may be
grounds, should the Board involved in its discretion so determine,
to deny the application sought or to decline to hear the matter at
the scheduled meeting date by reason of the failure to have the appropriate
signs installed and/or maintained. The appropriate Board may, on good
cause shown, waive the requirement of the posting of signs as called
for by this section.
[Amended 5-12-2014 by L.L. No. 9-2014]
The Code Enforcement Officer shall have the
right to enter upon, examine and inspect, or cause to be entered,
examined and inspected, any building or property, for the purpose
of carrying out the provisions of this chapter after reasonable written
notice of intent to examine or inspect has been provided to a property
owner, and permission of the owner has been granted. If such permission
is denied, access shall be pursued by the Attorney for the Town, who
shall be notified by the Code Enforcement Officer of such denial.
Pending the granting of such access or inspection, no further permits,
certificates of occupancy or certificates of compliance or other approvals
shall be granted by the Code Enforcement Officer or any other agency
or board of the Town.
A.
Pursuant to § 268 of the Town Law any person,
firm, corporation or other entity violating any provision of this
chapter shall be deemed guilty of an offense and upon conviction thereof
shall be subject to a fine or to imprisonment as provided in § 268.
Each week's continued violation shall constitute a separate offense.
B.
Notwithstanding any other provisions of this chapter
the Planning Board or the Zoning Board of Appeals may refuse a special
permit, special approval, preliminary or final site plan approval
to an applicant as long as the applicant, or any person or entity
under the control of or controlled by the applicant, is in default
in the performance of any actions required of them pursuant to law
or pursuant to conditions imposed in connection with a previously
granted special permit, special approval, or final site plan approval
in the Town of Ithaca.
This chapter may be amended as provided by law.
The invalidity of any section or provision of
this chapter shall not invalidate any other section or provision thereof.
The existing Zoning Ordinance of the Town of
Ithaca, New York, as amended, adopted October 25, 1954, is hereby
reenacted, readopted and amended to read as set forth in this chapter,
except as expressly provided otherwise in this chapter. This readoption
and reenactment and the adoption of any amendment shall not affect
any pending, or prevent any future prosecution of any, action to abate
any violation existing at the time this chapter is readopted, reenacted
and amended, if the use is in violation of the provisions of this
chapter as readopted, reenacted and amended. Nothing herein shall
be deemed to change the status of nonconforming uses created by virtue
of the Zoning Ordinance adopted October 25, 1954, as amended, if such
uses remain nonconforming under the provisions of this chapter, as
readopted, reenacted and amended.
[Amended 12-7-2009 by L.L. No. 27-2009[1]]
The fees, escrow deposits, review costs, public hearing fees and inspection fees for subdivision, variance, site plan, special permit, special approval, and other similar applications and approvals, and for building permits, use permits, operating permits and any other similar permit, shall be set from time to time by Town Board resolution. The time of payment of such fees, the process for calculating, depositing and/or paying same, the circumstances under which the fees or deposits may be modified, and the amounts and procedures for paying SEQR-related fees shall all be as set forth in Chapter 153, Fees, of the Town of Ithaca Code.
[1]
Editor’s Note: This local law also provided for an effective
date of 1-1-2010.
This revised and restated ordinance shall become
effective April 1, 2004, herein referred to as the "effective date."
A.
This revised, restated and amended chapter shall apply
to all applications for building permits, site plan approvals, subdivision
approvals, special approvals, special permits, or any other approval
or authorization hereunder, submitted on or after the effective date.
B.
If a completed application is submitted prior to the
effective date and if such application is diligently prosecuted to
conclusion, the application shall be governed by the provisions of
the Zoning Ordinance in effect immediately prior to the effective
date, unless the applicant elects by written notice accompanying the
application or delivered within a reasonable time after submission
of the application to be governed by the provisions of this revised,
restated and amended ordinance as in effect on and after the effective
date. For the purposes of this section only, an application shall
be deemed "completed" if it contains all required information, materials,
and fees normally and reasonably required by the appropriate Town
official(s) (e.g., Director of Planning with respect to subdivision,
special permit, rezoning, planned development area, and site plan
approval applications, the Director of Building and Zoning with respect
to building permit, variance, and special approval applications, and
the Director of Engineering with respect to fill permit applications)
including initial SEQR forms, to commence the review process by the
appropriate Town official or board. An application shall be deemed
"diligently prosecuted to conclusion" if the applicant promptly responds
to any inquiries and promptly supplies any additional information
reasonably required by the reviewing Town officials and/or boards,
appears at all required scheduled public hearings, and otherwise cooperates
so as to permit and enable the appropriate Town officials and/or boards
to adequately and completely review the application and render a decision
on same within a reasonable period of time of its submission, and
in any event within nine months of its submission.
C.
The Town Board may, with respect to a specific application,
if an applicant demonstrates 1) severe, adverse economic impact will
result to the applicant if this revised, restated chapter is applied
to the applicant's application because of a substantial expenditure
of funds by the applicant prior to the adoption of this revised, restated
chapter and in reliance upon the provisions of the ordinance in effect
prior to the effective date; or 2) delay in rendering a decision by
the applicable official or board is due to the failure of such official
or board to act within a reasonable period of time and not due to
any failure or default by the applicant; extend by no more than four
additional months the privilege of having the application be governed
by the provisions of the zoning ordinance in effect prior to the effective
date, or extend by no more than four additional months the nine-month
period within which diligent prosecution of the application must be
completed to obtain the benefit of utilizing the pre-effective-date
ordinance provisions. An application for extension under this subsection
must be made prior to, or within 30 days after, the end of any applicable
period by written request to the Town Clerk or Town Supervisor setting
forth the requested relief and the grounds for same.
