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established a Zoning Board of Appeals which shall function in the manner prescribed by law (except as the same may be superseded by the terms of this chapter as set forth below).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.