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City of Ithaca, NY
Tompkins County
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[HISTORY: [1]Adopted by the Common Council of the City of Ithaca 12-7-2011 by Ord. No. 2011-14. Amendments noted where applicable.]
GENERAL REFERENCES
Building Code enforcement — See Ch. 146.
Business improvement districts — See Ch. 149.
Use of City real property — See Ch. 170.
Housing standards — See Ch. 210.
Landmarks preservation — See Ch. 228.
Site plan review — See Ch. 276.
Zoning — See Ch. 325.
[1]
Former Ch. 160, Design Review, adopted 5-4-2011 by Ord. No. 2011-06, was repealed 7-6-2011 by Ord. No. 2011-11.
This chapter shall be known and may be cited as the "City of Ithaca Design Review Ordinance."
A. 
This chapter is intended to promote the general public welfare by:
(1) 
Promoting desirable urban growth and development;
(2) 
Promoting excellence of architectural and urban design;
(3) 
Preserving and enhancing community resources such as historic architecture and neighborhood character;
(4) 
Achieving compatibility with adjacent properties.
B. 
The intent of this chapter is to provide for the review of plans for construction, exterior alterations, additions, or demolition of structures in certain zones of the City or under certain conditions, which zones and conditions are hereby deemed special in nature in terms of architectural character, intensity of existing use and development, sensitivity to the effect of change in use, or other reason.
A. 
Definitions of specific terms or words as used in this chapter shall conform to the definitions of the same terms in the Site Plan Review Ordinance, Chapter 276, § 276-2, and the Zoning Ordinance, Chapter 325, § 325-3.
B. 
In addition to the definitions in Chapters 276 and 325, the following terms shall be used in this chapter as they are defined in this section:
MANDATORY DESIGN REVIEW
The required review of plans for construction, exterior alterations, additions, or demolition of structures.
[Amended 1-21-2020 by Ord. No. 2020-05]
Mandatory design review shall apply to all proposals for:
A. 
New construction, exterior alterations, addition or removal of exterior signs, or additions to any structure within the zones designated B-1b; B-2c; B-2d; all CBD zones, including CBD-60, CBD-85, CBD-100, and CBD-120; C-SU; WE/WFD, CSD, ND, MD; and on any parcel within the 2009 Collegetown Planning Area as designated on the map entitled "2009 Collegetown Urban Plan and Conceptual Design Guidelines Planning Area," dated November 2011, a copy of which is on file in the Ithaca City Clerk's office.
B. 
New construction, exterior alterations, or additions to any structure 60 feet in height or greater in any zone.
C. 
Demolition of any primary structure within any zone, and demolition of any portion of any structures within the zones designated B-1b; B-2c; B-2d; all CBD zones, including CBD-60, CBD-85, CBD-100, and CBD-120; C-SU; WE/WFD, CSD, ND, MD; and on any parcel within the 2009 Collegetown Planning Area.
D. 
New construction of a primary structure on a parcel within any zone within two years following a demolition of a primary structure on that parcel.
E. 
Changes to the site, such as the addition of new or alterations to existing hardscape elements, including but not limited to paving, retaining walls, or fences on any parcel within the 2009 Collegetown Planning Area.
Design review recommendations shall not be binding, unless such recommendation shall also be incorporated into a decision by the Board of Zoning Appeals or as a condition of site plan approval by the Planning and Development Board.
A. 
Any action pertaining to any structure locally designated as a landmark or within a locally designated historic district shall be reviewed by the Ithaca Landmarks Preservation Commission, and is therefore exempt from the requirement for design review. All decisions of the Ithaca Landmarks Preservation Commission are binding.
B. 
Any action pertaining to any parcel within the 2009 Collegetown Planning Area on which a single-family home is and will remain the primary use shall be exempt from the requirement for design review.
[Amended 1-21-2020 by Ord. No. 2020-05]
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
A. 
The Director of Planning and Development or his or her designee shall determine whether design review is required when an application for a building permit or demolition permit is submitted.
B. 
If the Director of Code Enforcement or designee determines that design review is required, the Director of Planning and Development or his or her designee shall determine whether the proposal shall be subject to a limited or full design review.
C. 
The Director of Planning and Development or his or her designee shall have the authority to conduct a limited review of proposals of Type II actions. All proposals for Type I or unlisted actions must go to the Planning and Development Board for full review.
D. 
If a proposal may cause public controversy, the Director of Planning and Development may refer the proposal to the Planning and Development Board for full review.
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
A. 
The Director of Planning and Development or his or her designee shall determine whether design review is required when an application for a building permit or demolition permit is submitted.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
B. 
If the Director of Code Enforcement or designee determines that design review is required, the Director of Planning and Development or his or her designee shall determine whether the proposal shall be subject to a limited or full design review.
[Amended 6-5-2013 by Ord. No. 2013-15[2]]
[2]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
C. 
Any individual or group proposing new construction or development anywhere within the City of Ithaca may request an informal design review and advisory recommendation.
D. 
When the proposal is determined to be subject to full design review, the individual or group making the proposal shall submit an application to the Department of Planning and Development with the following information (as appropriate):
(1) 
Name and contact information of the applicant;
(2) 
Location and photographs of the property;
(3) 
Building permit application number;
(4) 
Architectural plans, site plans and drawings of building facades;
(5) 
Lists and/or samples of materials to be used;
(6) 
Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, dimensions, colors, method of illumination, and a plan showing the sign's location on the property;
(7) 
Any other information necessary to visualize the proposed work.
E. 
The Planning and Development Board shall review the proposal within 65 days from receipt of the completed application or, if the project is subject to environmental review, from the date of completion of environmental review. The failure of the Planning and Development Board to act within 65 days, as described above, unless an extension is mutually agreed upon by the applicant and the Board, shall be deemed to constitute approval.
F. 
All design review recommendations shall be communicated in writing no later than 10 business days after the meeting at which the recommendations are made. A copy shall be sent to the applicant by mail and a copy filed with the Director of Planning and Development.
[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.