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HomeMy WebLinkAboutCOC Packet 2025-09-11 PLANNING DEPARTMENT 215 N. Tioga St 14850 607.273.1747 www.townithacany.gov 9/5/2025 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 September 11, 2025 The next meeting of the Codes and Ordinances Committee is scheduled for Thursday, September 11, 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 July 10, 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 September 11, 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 September 11, 2025– 5:30 P.M. AGENDA 1. Member comments/concerns. 2. Review draft minutes from July 10, 2025, COC meeting. 3. Presentation and 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). 4. Review of proposed amendment to Zoning Administration: Permit to Build (Town Code § 270-233B). 5. Other business:  Next meeting agenda. Town of Ithaca Planning Department September 5, 2025 1 TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE (COC) Meeting of July 10, 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; Susie Gutenberger- Fitzpatrick; Margaret Johnson. Staff Present: C.J. Randall, Director of Planning; Dana Magnuson, Senior Code Officer; Marty Moseley, Director of Code Enforcement; Susan Brock, Attorney for the Town. Guests: None The meeting was recorded on Zoom and streamed live on the Town of Ithaca YouTube channel. 1. Privilege of the Floor. Rob noted there was a person who expressed interest in addressing the committee, however no one was in attendance in person or on Zoom. Side entrances to the Town Hall were checked to be sure there were no guests waiting. 2. Member comments/concerns. None. 3. Review minutes from May 8, 2025, COC meeting. Susan Brock suggested minor changes. Rob moved to accept the minutes, Chris seconded. All members voted in favor to accept May 8, 2025, COC meeting minutes as amended. 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). Draft amendments to the respective Yard Regulations sections for each of the aforementioned Zones were provided to the committee as well as a chart with the Town of Ithaca front, side, and rear yard dimensional requirements with columns for garages, accessory buildings, and woodsheds by zoning district. Rob explained that a lot of property owners have been seeking variances for shed placement and the variances have been granted. This prompted a proposal to amend the code to reduce the frequency of these types of area variance applications. Marty added that the Zoning Board of Appeals passed a resolution in June 2024 referring to the matter to the Town Board and the Town Board subsequently asked for the COC’s input. Marty summarized the proposed amendments and associated background research. There was a straw poll to indicate whether members wanted to consider recommending an increase to five feet from any side or rear lot line in the Medium and High Density Residential zones; the current language requires accessory buildings be not less than three feet. The majority of the committee members did not want to pursue the change. C.J. mentioned community character and potential considerations for regulating the form of the accessory structure types, such as height, roof styles, materiality, dimensional requirements, etc. She offered to 2 investigate these factors if they were of concern to the committee. Rob replied that he did not feel the town is ready to regulate the appearance of sheds. Chris agreed that it would seem like too much regulation. Marty went over the thresholds that triggered a building permit for accessory buildings. This was not in the sections proposed for revisions however the committee discussed the height in detail. The size of 144 sq.ft.or larger comes from NYS code and the 12 ft. height maximum is in the Town Chapter 125 along with additional requirements to trigger a permit. All agreed in the end to leave the 12 ft. height maximum with the new allowance of sheds in the side yard and remove the existing allowance for up to 20 ft. height max. Rob asked for that new change to be made in the code. Susan stated the change would be a Town Board action; she would prepare re-worded language based on the concept discussed. Susan clarified that sheds exceeding this height in a side yard already could be pre-existing non-conforming; if said structure did not comply with existing zoning or predated zoning all together it could not be moved or enlarged. Yard Regulations in Conservation Zones: Susan referred to F.2 and asked if the 400 sq. ft. in area is cumulative to all accessory buildings in the side yard, are more than one allowed and the total of all is not to exceed the 400 sq. ft, and whether this law supersedes the other sections which have the cumulative total of 600 sq. ft. for all accessory buildings on the lot. Marty confirmed the amendments are worded that the 400 sq. ft. total is to fall under the 600 sq.ft. maximum/cumulative and not supersede it, also more than one could be permitted. Susan stated she may need to re-word the revisions to be more clear that more than one could be permitted, not more than 400 sq. ft. total in the side yard, no more than 600 ft. total including the rear lot. For example, two 200 sq. ft. sheds could be in the side yard along with a third accessory structure in the rear yard up to 200 sq. ft. and still be within the regulations. Yard regulations in Low Density Residential Zones: Bill asked if there was interest in accommodating the typical 12’ x 28’ accessory buildings to be in the side yard and increase the proposed amendment from 300 sq. ft. total to 350 sq. ft. Committee members agreed to the change. 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). A draft of the proposed amendment was provided to the committee and discussed. Rob explained that applicants are having trouble meeting the deadline due to various reasons and it is causing unnecessary hardships. Marty added the pandemic delayed materials and workforce and changing the 18 months to 36 months would match the Town’s Site Plan Review regulations and proposed subdivision amendments, be consistent as well as give more time for applicants to build. All were in favor of the proposed amendment. Susan asked for a typical motion and second to refer the proposed two amendments that the committee has discussed and approved. Rob moved to approve the referral of the proposed amendments as discussed, Bill seconded. The vote in favor was unanimous. 6. Other business: The next regularly scheduled meeting is August 14, 2025, however C.J. mentioned that there are no known agenda items for the August meeting. The revised draft Subdivision regulations are anticipated back to the committee in September. Cancellation of the August meeting was proposed and all agreed. C.J. was offered to give the committee an interim update on the revised Subdivision draft in August rather than cancel the meeting. Rob made a motion to cancel the August meeting; Bill seconded the motion. The vote in favor was unanimous. The meeting adjourned around 6:35 p.m. § 270-233 Permit to build. 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. B. No A permit to build shall may not be issued, as determined by the Director of Code Enforcement, 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. Where a permit to build has been denied, the Zoning Board of Appeals may issue a written order directing a permit to build be issued, by the Director of Code Enforcement. § 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 and does not exceed 14 feet in height from the lowest exterior grade and has a minimum required roof pitch of 4:12. (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 3500 square feet in area and does not exceed 14 feet in height from the lowest exterior grade and has a minimum required roof pitch of 4:12. (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 and does not exceed 14 feet in height from the lowest exterior grade and has a minimum required roof pitch of 4:12. (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. § 270-82 Yard 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 and does not exceed 14 feet in height from the lowest exterior grade and has a minimum required roof pitch of 4:12. (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. (3)(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.