HomeMy WebLinkAboutCOC Packet 2025-07-10
PLANNING DEPARTMENT
215 N. Tioga St 14850
607.273.1747
www.townithacany.gov
7/3/2025
TO: Codes and Ordinances Committee:
Bill Arms
Chris Jung
Eva Hoffmann
Margaret Johnson
Susie Gutenberger-Fitzpatrick
Rob Rosen, Chair
FROM: C.J. Randall, Director of Planning
RE: Next Codes and Ordinances Committee Meeting July 10, 2025
The next meeting of the Codes and Ordinances Committee is scheduled for Thursday, July 10,
2025, at 5:30 pm in the Town Board Room, located in Town Hall at 215 North Tioga Street. A
quorum of the Town of Ithaca Town Board may be present at this meeting. However, no official
Town Board business will be conducted.
The draft minutes from the May 8, 2025, COC meeting are attached.
If you cannot attend this meeting, please notify Abby Homer as soon as possible at (607) 273 -
1747, or ahomer@townithacany.gov.
cc: Susan H. Brock, Attorney for the Town
C.J. Randall, Director of Planning
Marty Moseley, Director of Code Enforcement
Abby Homer, Administrative Assistant
Paulette Rosa, Town Clerk (email)
Town Administrative staff (email)
Town Code Enforcement staff (email)
Town Planning staff (email)
Town Public Works staff (email)
Media
TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE
215 North Tioga Street
Ithaca, New York 14850
(607) 273-1747
PLEASE NOTE: This meeting will be held in person in the Town Board Room at Town Hall, 215
North Tioga Street, Ithaca, NY, on July 10, 2025, at 5:30pm.
Members of the public may join the meeting via Zoom:
• Join Zoom meeting: https://us06web.zoom.us/j/87531393743
• Zoom meeting ID: 875 3139 3743
• Dial in phone: 929-436-2866
Meeting of July 10, 2025 – 5:30 P.M.
AGENDA
1. Privilege of the Floor.
2. Member comments/concerns.
3. Review draft minutes from May 8, 2025, COC meeting.
4. Review of proposed amendments to Accessory Buildings in the following Zones:
Conservation (Town Code § 270-17); Low Density Residential (Town Code § 270-
60); Medium Density Residential (Town Code § 270-71); and High Density
Residential (Town Code § 270-82).
5. Review of proposed amendment to extend expiration of variances granted by
Zoning Board of Appeals from 18 months to 36 months (Town Code § 270-235J).
6. Other business:
• Next meeting agenda.
Town of Ithaca Planning Department
July 3, 2025
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TOWN OF ITHACA
CODES AND ORDINANCES COMMITTEE (COC)
Meeting of May 8, 2025 – 5:30 p.m.
Shirley A. Raffensperger Board Room, Town Hall
Draft Minutes
Members Present: Rob Rosen, Chair; Bill Arms; Chris Jung; Eva Hoffmann;
Members and Staff Excused: Susie Gutenberger-Fitzpatrick; Margaret Johnson; C.J. Randall, Director of
Planning.
Staff Present: David O’Shea, Director of Engineering; Dana Magnuson, Senior Code Officer; Marty Moseley,
Director of Code Enforcement; Susan Brock, Attorney for the Town; Christine Balestra, Senior Planne r.
Guests: none
The meeting was recorded on Zoom and streamed live on the Town of Ithaca YouTube channel.
1. Member comments/concerns.
Rob noted the previously excused absences of Margaret Johnson, Susie Gutenberger and C.J. Randall. He
also mentioned correspondence to him via the Town Supervisor and Codes Director from a Renwick Drive
resident regarding the Short-Term Rental law. He anticipates that the resident may attend a future COC
meeting to address the committee with comments.
Eva asked for the staff and Board members to please speak up and into the microphones to be heard better
during the meetings. It is difficult to hear across the room in the Board room. Rob agreed and asked all to
please speak up and project their voices.
2. Review minutes from April 10, 2025, COC meeting. Bill moved to accept the minutes; Chris J.
seconded; Susan Brock submitted changes to Rob and Chris B and went over them aloud. All members
voted in favor of approval of April 10, 2025, COC meeting minutes as amended.
3. Continued review of Draft Subdivision of Land regulations: The committee continued their review of
the draft regulations, picking up where they left off last month, in the terminology section:
Article VI. Terminology
SITE DESIGN AND DEVELOPMENT CRITERIA- Staff will wordsmith this new definition and come
back with a new version for the committee to consider. Rob asked if the word “manual” was needed in
the definition.
STORY-Marty noted the NYS Building Code has the “story above grade plane” defined in a very simple
way, but not the single term itself. Eva and Rob asked about the exceeding 6 feet reference, Chris B
suggested revising this definition to apply or cross reference with the current building code definition.
STREET-Dave suggested this definition be tabled and revised by staff as they develop the Site Design
and Development Criteria. Susan noted the definition as written includes driveways, this should be
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considered in the revision.
STREET WIDTH-Dave also suggested this be tabled and revised by staff, the right-of-way reference
should be replaced with “improved surface.”
SUBDIVIDER- Chris B noted this term is similar to the term “Applicant,” both definitions will be
compared in context, and it is possible that only one will be needed and presented in the next draft.
SUBDIVISION, EXEMPT- this definition is intended for simple two-lot (remove “or fewer” and the
word “strictly”) subdivisions that would not go to the Planning Board but would fall into the internal-
administrative review category. This definition will be revised to reflect the intent of the internal review
process. Chris B. added that the name could be changed to be a “Minor” subdivision. Specifically,
A. “Each lot is not less than one acre” was suggested to be removed by the COC at a prior meeting.
C. “The lot frontage and width may vary by zoning district” should be revised to indicate that the
lot must be conforming (or remove “C” in entirety).
D. “No infrastructure is proposed” was questioned by Rob and Susan. Driveways are often
proposed, and this should be more precise or possibly removed. All COC members agreed that “D”
should be removed.
E. Rob stated that every lot in the Town of Ithaca has been previously subdivided, so he proposed
that “E” be removed.
Dave suggested adding an expiration timeframe for exempt subdivisions, e.g., no additional subdivision of
the property within 5 years. Otherwise, someone can request multiple “exempt” subdivisions for a
property every year, which would defeat the purpose of the exempt status.
SUBDIVISION-
A. Marty mentioned this applies to subdivision of two or more lots; and noted that the “exempt”
subdivision discussed above applies to two or fewer lots. Marty thought this overlap would be
confusing and requested clarification.
C. Conventional Subdivision: Susan questioned how a non-cluster subdivision would be classified
if it did have common ownership of undivided open space? She asked if the common ownership
part is relevant, as written it would prohibit a conventional subdivision. She also referenced a prior
COC meeting note where it was asked to beef up this “Conventional” definition and then add the
standards in which one could apply for this type of subdivision elsewhere in the document. The
committee was comfortable with just the first sentence and removing last part “in which no
provision is made for common ownership of undivided open space in the subdivision.”
D. Cluster Subdivision: Remove the last line referencing conservation subdivision, not needed.
Marty asked what is meant by “applicable area and bulk regulations of zoning are modified”? This
reference will be flagged for follow up or clarification, possibly it is used in NYS Town Law 278.
Rob interpreted “bulk” to be volume.
E. Change “This term” to “Subdivision” and check the applicability of the sentence related to
“Lots over 5 acres to be used solely for ag purposes are exempt from this definition.” This could be
needed based on NYS Agriculture & Markets law. Chris will double check this term. Municipal
utility extension was asked to be checked also, if now the exempt subdivision can include
extension of utilities. Staff will revise the whole definition of “subdivision.”
Bill asked for clarification again: where in the new draft does it say that a lot over 10 acres cannot be a
conventional subdivision? Chris B. stated the Planning Board can decide if the classification is a cluster
or a conventional. She referred Bill to Article IV-Subdivision Design Standards, item “C. Exceptions,”
which is where the law states that a cluster subdivision will not be required if the total acreage of land to
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be subdivided into three or more building lots is less than five acres. The same section notes where there
may be reasonable basis for requiring a cluster. Marty read the proposed section out loud, noting that
cluster subdivisions shall be the “preferred methodology in all cases of new subdivisions and re-
subdivision in accordance with the requirements of the chapter...” Chris B. explained that the intent
behind the draft language was based on the goal of the Town Comprehensive Plan to prioritize cluster
subdivisions over conventional subdivisions. She reiterated that cluster developments follow the current
housing trends; they save residents and municipalities money because infrastructure is not extended as
far; clustering conserves natural resources; and it benefits the developer, the town, and residents. Bill
noted that the revised regulation should include a simple statement that a conventional subdivision is still
allowed under certain conditions, indicating that it would be easier for the applicant to follow. Chris B.
assured that the next draft of the law would be consistent with the committee’s recommendations.
TOWN PLANNER-Chris B. recommended this include the Director of Planning as the term is used in the
law in instances. The committee recommended striking the definition if not needed.
TRANSFER OF PROPERTY-Check to see if this is used in the law - in essence it is a double lot line
modification between neighbors, no additional lots are created the size of each changes. LOT LINE
ADJUSTMENT is another newly added definition and may work for both actions and only one would be
needed.
Dana made a well-received suggestion to move the definitions section from the end of the subdivision
law to the beginning, to be consistent with zoning and other Town of Ithaca Laws. There were no
objections.
The committee finished their review of the draft Subdivision Regulations. Staff will take the next two
months to revise the law before it goes back to the committee.
4. Other business: The COC canceled next regularly scheduled meeting (June 13, 2025). The committee
will possibly cancel the July meeting as well. Up for possible discussion in July is the zoning law related
to sheds, due to the quantity of variances sought. Marty also mentioned wanting to look at extending the
time frame associated with variances as well. Staff will be working on proposals for both in the coming
months.
5. The meeting adjourned around 6:45 p.m.
Moved:Connor Terry Seconded:Stuart Friedman
Vote:Unanimous
The meeting was adjourned upon motion and a second,unanimous.
I
ZBA 2024-06-25 (Filed 7/18)Pg.11
r
3.Other Business
J
Mr. Moseley went through the next meeting agenda which prompted a discussion on sheds.
Members would like the Town Board to review the requirements around sheds and consider
possible amendments to the Code to permit them in side yards at least, because so many_come
through for variances.
Brief discussion followed on other aspects of shed placement, size etc. but the ,Board stated they
would trust the committee to look at the topic wholistically and set any parameters or
requirements.
ZBA Resolution: Requesting the Town Board refer the question of permitting certain sheds in
the side yard and the appropriate parameters for that change to the appropriate committee.
§ 270-17 Yard regulations.
Except as may be specifically otherwise authorized in this chapter, in Conservation Zones
yards of at least the following dimensions are required:
A. Front yard: Not less than the average depth of the front yards of building
immediately adjacent. However, except for roadside stands authorized by § 270-
11, the front yard shall not be less than 50 feet nor need it be greater than 75 feet
in depth.
B. Rear yard: Not less than 200 feet in depth.
C. Side yards: Each not less than 50 feet.
D. Greater yards: Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this chapter shall, if more
restrictive, supersede the above yard provisions.
E. Buffer areas: The foregoing requirements may include any required buffer areas
and shall not be in addition to any required buffer areas.
F. Accessory buildings.
(1) Buildings occupied by a detached accessory dwelling unit. Any such
buildings that are less than 200 feet from a street line must be located in a
rear yard. Any such buildings that are 200 feet or more from a street line may
be located in any yard. All buildings occupied by a detached accessory
dwelling unit must be at least 100 feet from any side lot line and at least 200
feet from a rear lot line.
(2) All other accessory buildings (except garages, and except woodsheds
meeting the requirements of Subsection H below) may not occupy any open
space other than a rear yard.. However accessory buildings may be placed in
the side yard where their footprint does not exceed 400 square feet in area
(3) The total lot area covered by nonagricultural accessory buildings (including
garages and woodsheds) may not occupy more than 1,000 square feet of the
two-hundred-foot rear yard setback required by Subsection B above.
(4) Accessory buildings (other than garages or buildings occupied by a detached
accessory dwelling unit) shall be not less than 50 feet from any side or rear
lot line.
§ 270-60 Yard regulations.
In Low Density Residential Zones yards of at least the following dimensions are required:
A. Front yard: Not less than the average depth of the front yards of buildings on lots
immediately adjacent. However, the front yard depth shall not be less than 30 feet
or need it be greater than 60 feet.
B. Rear yard: Not less than 50 feet in depth.
C. Side yards: Each not less than 40 feet in width.
D. Greater yards: Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this chapter shall, if more
restrictive, supersede the above yard provisions.
E. Accessory buildings.
a. Buildings occupied by a detached accessory dwelling unit. Any such
buildings must be located in a rear yard, be at least 50 feet from any side lot
line, and be at least 35 feet from a rear lot line.
(2)All other accessory buildings (except garages, and except woodsheds meeting the
requirements of Subsection G below) may not occupy any open space other than a rear
yard.. However accessory buildings may be placed in the side yard where their footprint
does not exceed 300 square feet in area
(3)Accessory buildings (including garages, woodsheds, and buildings occupied by a
detached accessory dwelling unit), in the aggregate, may occupy not more than 15% of the
fifty-foot rear yard setback required by Subsection B above.
(4)Accessory buildings (except for garages and buildings occupied by a detached
accessory dwelling unit) shall be not less than three feet from any side or rear lot line. Any
accessory building, other than a garage or a building occupied by a detached accessory
dwelling unit, on a corner lot shall be not less than five feet from the rear lot line.
§ 270-71Yard regulations.
In Medium Density Residential Zones yards of at least the following dimensions are
required:
A. Front yard: Not less than the average depth of the front yards of buildings on lots
immediately adjacent. However, the front yard depth shall not be less than 25 feet
or need it be greater than 50 feet.
B. Rear yard: Not less than 30 feet in depth.
C. Side yards: Each not less than 15 feet in width.
D. Greater yards: Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this chapter shall, if more
restrictive, supersede the above yard provisions.
E. Accessory buildings.
(1) Buildings occupied by a detached accessory dwelling unit. Such buildings must
be located in a rear yard, be at least 30 feet from any side lot line, and be at least
15 feet from a rear lot line.
(2) All other accessory buildings (except garages, and except woodsheds meeting
the requirements of Subsection G below) may not occupy any open space other
than a rear yard.. However accessory buildings may be placed in the side yard
where their footprint does not exceed 200 square feet in area
(3) Accessory buildings (including garages, woodsheds, and buildings occupied by
a detached accessory dwelling unit), in the aggregate, may occupy not more
than 40% of the thirty-foot rear yard setback required by Subsection B above.
(4) Accessory buildings (except for garages and buildings occupied by a detached
accessory dwelling unit) shall be not less than three feet from any side or rear lot
line. Any accessory building, other than a garage or a building occupied by a
detached accessory dwelling unit, on a corner lot shall be not less than five feet
from the rear lot line.
§ 270-82Yard regulations.
In High Density Residential Zones yards of at least the following dimensions are required:
A. Front yard: Not less than the average depth of the front yards of buildings on lots
immediately adjacent. However, the front yard depth shall not be less than 25 feet
or need it be greater than 50 feet.
B. Rear yard: Not less than 30 feet in depth.
C. Side yards: Each not less than 10 feet in width.
D. Greater yards: Notwithstanding the foregoing, any special yard requirements for
specific uses or buildings set forth elsewhere in this chapter shall, if more
restrictive, supersede the above yard provisions.
E. Accessory buildings.
(1) Buildings occupied by a detached accessory dwelling unit. Such buildings must
be located in a rear yard, be at least 20 feet from any side lot line, and be at least
15 feet from a rear lot line.
(2) All other accessory buildings (except garages, and except woodsheds meeting
the requirements of Subsection G below) may not occupy any open space other
than a rear yard.. However accessory buildings may be placed in the side yard
where their footprint does not exceed 150 square feet in area
(2)
(3) Accessory buildings (including garages, woodsheds, and buildings occupied by
a detached accessory dwelling unit), in the aggregate, may occupy not more
than 40% of the thirty-foot rear yard setback required by Subsection B above.
(4) Accessory buildings (except for garages and buildings occupied by a detached
accessory dwelling unit) shall be not less than three feet from any side or rear lot
line. Any accessory building, other than a garage or a building occupied by a
detached accessory dwelling unit, on a corner lot shall be not less than five feet
from the rear lot line.
Section 270-235 Zoning Board of Appeals
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 36 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.
Town of Ithaca - Town Code created 10-27-15
Dimensional Requirements - GARAGES/ACCESSORY BUILDINGS/WOODSHEDS rev. 7/3/2025
ACCESSORY BUILDINGS:WOOD SHEDS:
Front Rear Side Front Rear Side Front Rear Side
Yard Yard Yard Yard Yard Yard Yard Yard Yard
C Conservation 50'50'-det / 200' -att 50'prohibited 50'*prohibited 50'50'
AG Agricultural see Code see Code see Code see Code see Code see Code see Code see Code see Code
LR Lakefront Residential 30'prohibited 20'30'3'3'not specified not specified not specified
LDR Low Density Residential 30'50'40'prohibited 3' / 5'-cnr lot prohibited prohibited 3'3'
MDR Medium Density Residential 25'30'15'prohibited 3' / 5'-cnr lot prohibited prohibited 3'3'
HDR High Density Residential 25'30'10'prohibited 3' / 5'-cnr lot prohibited prohibited 3'3'
MHP Mobile Home Park see Code see Code see Code see Code see Code see Code not specified not specified not specified
NC Neighborhood Commercial
OPC Office Park Commercial
CC Community Commercial
VFR Vehicle Fueling and Repair
LC Lakefront Commercial
LI Light Industrial
I Industrial
P Planned Development Zones See Chapter 271 Code of the Town of Ithaca (yard and other regulations shall be set forth in the legislation rezoning the area)
Note:There are special requirements for garages across a common lot line. See specific zone in Code for additional requirements.
Zones
GARAGES:
N/A N/AN/A
MR Multiple Residence
N/A N/A N/A N/A N/A N/A