The provisions of this chapter shall be subject
to the exceptions, prohibitions, requirements and/or limitations as
hereinafter provided.
[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]
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]
(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; 11-3-2021 by Ord. No. 2021-12]
(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
|
|
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 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.
|
(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]
(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]
(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]
(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, for the zoning district in which the parking area is to
be constructed.
(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. 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]
(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.
(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]
(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]
(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]
(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.
(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]
(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]
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 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.
[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.
[Added 5-1-2024 by Ord. No. 2024-01]
A. Title. This section shall be known as and may be cited as the "Short-Term
Rental Ordinance."
B. Purpose and intent. The intent of the policy is to regulate short-term
rentals in the City of Ithaca in order to:
(1) Preserve housing affordability and availability in the long-term
rental and homeownership markets.
(2) Permit owners and long-term leaseholders to generate additional income
from their properties.
(3) Protect the health and safety of guests staying in short-term rentals.
(4) Increase lodging supply during peak demand periods.
(5) Ensure compliance with the City's hotel occupancy tax.
(6) Reduce the negative impacts of short-term rentals on neighbors.
C. Applicability. This section applies to all short-term rentals offered
and/or placed under contract within the City of Ithaca on or after
the effective date of this section. Notwithstanding the foregoing,
any short-term rental stay already under contract prior to the effective
date of this section shall not require an operating permit.
D. Short-term rental regulations.
(1) Short-term rentals are permitted only in zones in which residential
uses are allowed.
(2) Short-term rentals are only permitted in:
(a)
Single-family dwelling units.
(b)
Two-family dwelling units.
(c)
Any owner-occupied dwelling unit within a multiple dwelling
or mixed-use building.
(3) Prior to offering a short-term rental, every host is required to
hold a valid short-term rental operating permit issued by the Director
of Planning and Development. Each short-term rental operating permit
shall identify all of the host's units on the property authorized
for use as a short-term rental.
(4) A short-term rental operating permit may only be issued for a property
that is the primary residence of the host.
(5) Only natural persons shall be eligible to receive a short-term rental
operating permit. Corporations, limited liability companies, trusts,
and other such entities are prohibited from offering short-term rentals,
serving as hosts, and/or receiving a short-term rental operating permit.
(6) A host who is not an owner of the property to be offered as a short-term
rental must provide written authorization from the property owner
as part of each application or renewal for a short-term rental operating
permit.
(7) There shall be no limit on the number of days for which a dwelling
unit may be offered or rented for short-term rentals pursuant to a
valid short-term rental operating permit, provided that the host(s)
maintain their primary residence on the property.
(8) It shall be a violation to rent, offer, or advertise a short-term
rental without a valid short-term rental operating permit.
E. Permit application process.
(1) Hosts must submit a completed short-term rental operating permit
application on a form approved by the Director of Planning and Development,
along with all additional materials required by the Director. Such
additional materials may include, but shall not be limited to:
(a)
Proof of primary residency.
(b)
Owner's authorization, if applicable.
(c)
A permit fee as set and revised from time to time by the Director.
(2) The Director of Planning and Development shall review the application and confirm that it meets the requirements set forth in Subsection
D. Upon completion of this review, including verification of a valid certificate of compliance as required by Chapter
210, Housing, Standards, of the City Municipal Code, the Director shall issue the short-term operating permit for a period of one year.
(3) Short-term rental operating permits are nontransferable and valid
only for the dwelling unit(s) and host(s) for which they are issued.
(4) Upon expiration of a short-term rental operating permit, the host
shall be required to apply to renew the short-term rental operating
permit prior to offering further short-term rentals at the property.
(5) An application to renew a short-term rental operating permit may
be submitted and approved prior to the expiration of an in-force short-term
rental operating permit.
F. Operational requirements.
(1) A valid certificate of compliance must be maintained for the rental
period covered by the short-term operating permit.
(2) All required City and county hotel occupancy taxes must be remitted as required by Chapter
105, Room Occupancy Tax, of the City of Ithaca Municipal Code.
(3) Occupancy of a short-term rental shall never exceed the maximum occupancy
stated on the certificate of compliance.
(4) Hosts must post the following information in the main entryway of
each dwelling unit used as a short-term rental:
(a)
Copy of the short-term rental operating permit.
(b)
Copy of the certificate of compliance, which states maximum
occupancy of the unit.
(c)
Emergency contact information including police, fire, and poison
control, as well as the property's full physical address.
(5) Hosts must include their short-term rental operating permit number
in all short-term rental listings.
G. Revocation of permit. Failure to meet any requirement of the Short-Term
Rental Ordinance shall result in the immediate revocation of the short-term
rental operating permit. Any host that fails to meet any requirement
of this Short-Term Rental Ordinance shall be ineligible to apply for
a short-term rental operating permit for a period of three years from
the date of the revocation.
H. Permit renewals.
(1) Hosts must apply to renew their short-term rental operating permit
each year by submitting a completed renewal application and all requested
documentation to the Department of Planning and Development.
(2) If the host's certificate of compliance remains valid, the host
must submit an affidavit of compliance stating that the short-term
rental units continue to meet the conditions of approval. If the certificate
of compliance has expired, a new certificate of compliance must be
issued before the permit is renewed.
(3) Hosts must be current on all required occupancy taxes before their
permits are renewed.
I. Penalties and appeals.
(1) If a property or host is found to be in violation of any provision of this section, the owner of the property and/or the host shall be strictly liable of the offense and shall be subject to the penalties provided in §
325-47, Penalties for offenses, of the Municipal Code of the City of Ithaca.
(2) In addition to any penalty imposed by a court of competent jurisdiction,
a host found to be in violation of any provision of this Short-Term
Rental Ordinance shall be ineligible to apply for a short-term rental
operating permit for a period of three years from the date of conviction.
(3) Any person aggrieved by any decision of the Director pursuant to the provisions of this section may appeal such decision to the Board of Zoning Appeals, as provided in §
325-37 of the Municipal Code of the City of Ithaca. This appeals process shall not apply to prosecutions or other legal proceedings brought in the name of the City or the people to enforce the provisions of this section.
[Amended 6-5-2013 by Ord. No. 2013-15]
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.
[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)
ADULT BOOK STOREAn 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)
ADULT VIDEO STOREAn 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)
ADULT MOTION-PICTURE THEATERA 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)
ADULT MINI-MOTION PICTURE THEATERAn 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)
ADULT CABARETAn 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)
ADULT DRIVE-IN THEATERA 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.
SPECIFIED ANATOMICAL AREAS
(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.
SPECIFIED SEXUAL ACTIVITIES
(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.
(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.
(3)
SW-3: Same as SW-1.
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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.)
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[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.