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Home My WebLink AboutCOC Packet 2025-11-13 PLANNING DEPARTMENT 215 N. Tioga St 14850 607.273.1747 www.townithacany.gov 11/6/2025 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 November 13, 2025 The next meeting of the Codes and Ordinances Committee is scheduled for Thursday, November 13, 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 September 11, 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 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 November 13, 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 November 13, 2025– 5:30 P.M. AGENDA 1. Member comments/concerns. 2. Review draft minutes from September 11, 2025, COC meeting. Review proposed amendment to existing Zoning definition of ORDINARY HIGH WATER LEVEL (Town Code § 270-5). 3. Review proposed amendments to Planning Board (Town Code § 270-236G) and Posting of notices (Town Code § 270-237B). 4. Other business: • Next meeting agenda. Town of Ithaca Planning Department November 6, 2025 1 TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE (COC) Meeting of September 11, 2025 – 5:30 p.m. Shirley A. Raffensperger Board Room, Town Hall Draft Minutes Members Present: Susie Gutenberger-Fitzpatrick, Acting Chair; Bill Arms; Chris Jung; Eva Hoffmann. Absent/Excused: Rob Rosen; Margaret Johnson. Staff Present: C.J. Randall, Director of Planning; Nick Quilty-Koval, Planner; Dana Magnuson, Senior Code Officer; Marty Moseley, Director of Code Enforcement; Paulette Rosa, Town Clerk; Susan Brock, Attorney for the Town. Guests: Three students. The meeting was recorded on Zoom. 1. Member comments/concerns. None. 2. Review minutes from July 10, 2025, COC meeting. An addition by the Attorney to the Town was read aloud. On a motion made by Susie, seconded by Eva, the July 10, 2025, minutes were unanimously approved as amended. 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). Town Planner Nick Quilty-Koval shared a visual presentation of the proposed code changes for accessory structures in various zoning districts in the town. Slides showing various shed types and sizes in comparison to one- and two-story homes were shown and explained. The visualizations included the shed size, material and setback information and the Planner verbally identified which zoning districts would permit each visualization with the proposed changes. For context, a visualization was included of an accessory building which would not be allowed with the proposed change in most zones due to the height exceeding 14 feet. The next set of information was broken down by LDR, MDR and HDR zoning districts relative to side yard shed/accessory structure placement. The potential for additional rear yard placement depending on the zone was also identified. Each zone has a different proposed total square footage, the visualizations showed how the total could potentially be utilized in multiple (up to three) structures per zone. Conservation zone proposed the largest square footage and showed a larger parcel as an example with side and rear yard structures. A Roof Pitch Diagram chart was shown with Roof Pitch angles for quick reference and review. C.J. explained that while the committee proposed changes relative to the side yard placement of sheds at the meeting prior that did not include and additional restrictions, she had a conversation later with the Chair Rob Rosen about materials, form, roof pitch and other design elements related to accessory structures. He asked the committee to reconsider the flat roof piece and for the presentation to be 2 prepared to show the different roof pitch possibilities. C.J. shared the proposed additional amendments on screen in each zone related to roof pitch. These materials were also distributed to the committee in the meeting packet. Susie noted the committee’s previous intent to not micromanage the materials and design of the sheds, the roof pitch (and height?) part is what is being presented and shown as the additional amendments to the ones approved to move onto Town Board at the previous meeting. She thanked Paulette for her comments and experiences with the variances that have been applied for related to sheds. Marty noted that the committee previously approved a 12 ft. max height recommendation with the proposed amendments. The current visualization and proposed amendments show 14 ft. height max. He confirmed that in most zones not more than 3 accessory structures are permitted, however a garage or accessory dwelling unit may be permitted depending on the situation. There was some discussion about garages and detached accessory dwelling units or more than one dwelling unit on a single lot. This was unrelated to sheds but no changes were proposed to that language. Susie asked if staff had any other recommendations or things to consider related to sheds? Dana commented that measuring roof pitch to specific degree may be difficult to enforce as a Code Enforcement Officer and without being a builder or having been trained in that specific area. C.J explained again how this discussion came up and stated if the committee wants to allow a flat roof, the proposed amendments to the sheds in side yards previously recommended to move forward to Town Board will stand. Bill was not in favor of adding roof pitch, nor did Chris J. Eva felt it was up to the homeowner to choose the roof pitch. The discussion concluded by leaving the previous recommendations as originally proposed with 12 ft. height max. The committee thanked the Planning staff for the visualization which helped confirm their previous recommendations. Susan mentioned the town has specific provisions for woodsheds in various zones that allow them in side yards. Does the committee want to remove the woodshed provisions? It seemed redundant and confusing to leave them in, and codes staff did not identify any reasons against the removal of the woodshed provisions although staff should take a look to see if they affect any other yard provisions or related sections. Susan noted also not every shed variance has been approved by the ZBA in the past. Marty and Chris recalled and named a couple with unique circumstances. Committee confirmed the additional recommendation to the Town Board to remove the woodshed and related pertinent sections along with the initial recommendation discussed above (from July meeting minutes). Susan and staff offered to provide red lined version to the COC for confirmation of what will go to the Town Board. The COC felt staff had enough information from both meetings to draft the proposed amendments to the Town Board. If staff felt the woodshed provision removal caused substantial additional changes, they would present it back to the committee. 4. Review of proposed amendment to Zoning Administration: Permit to Build (Town Code § 270-233B). Marty explained there are often situations when the Code Department cannot issue a building permit due to other zoning violations that are found. These violations are often not a detriment to the building. For example, someone applies for a needed electrical permit and upon inspection, an unpermitted shed is seen 3 in the side yard. Another example is a heating unit needs to be replaced, but an unpermitted roof repair was observed. The heating unit does not affect the structural integrity and the new roof without a permit is in violation. The current code is restrictive in a permit to build is only to be issued when the Code Department makes a determination that withholding the permit is a detriment to the structural integrity of the building. This narrow categorical exemption does not allow for other instances where a permit needs to be issued; it is also not practicable to include an exhaustive list within the Town Code. The draft language submitted with the packet is an initial attempt to accomplish the goal of flexibility in discretion for the Director of Code Enforcement to authorize non-structural improvements. Susan has some recommendations, and the committee was agreeable to reviewing a second draft of the proposed language at the next meeting. Other business: The next regularly scheduled meeting is October 9th however staff proposed to cancel the meeting to allow staff to work through the various projects and be prepared for drafts of Subdivision and the above Zoning changes for the November 13, 2025, COC meeting. The meeting adjourned at 6:25 p.m. Draft COC amendments to Town Code Chapter 270: Zoning November 2025 Section 270-5: Definitions Background: Recently the Town was made aware that the high water mark of Cayuga Lake is identified as being 383.50 using 6 CRR-NY 608.11 (Mean high water elevations, based on Waters Index Number(s), classified by the NYS Department of Environmental Conservation, included as reference herein.) Proposed modification to the existing definition: ORDINARY HIGH WATER LEVEL The ordinary high water level for Cayuga Lake as identified in 6 CRR-NY 608.11.is 384 feet above sea level. # # # Draft COC amendments to Town Code Chapter 270: Zoning November 2025 Section 270-236: Planning Board Background: Town Code § 270-194: Expiration of site plan approval currently includes a 36- month expiration timeline for site plan approvals; Town Code § 270-202: Expiration of special permit or special approval currently includes a 36-month expiration for special permit or special permit approvals. We recommend striking section 270-236G as it is contradictory to both of those sections noted above. Proposed modification to remove § 270-236G: 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. Section 270-237: Posting of notices Background: Town Code § 270-237B currently requires the posting of a sign to be on a property at least 14 days prior to the meeting but not more than 30 days before the meeting. • New York State Town Law 267-a (Zoning Board of Appeals procedure), subsection 7, requires the legal notice to be posted in the newspaper 5 days in advance of the meeting • New York State Town Law 274-A (Site plan review), subsection 8, requires the legal notice to be posted in the newspaper 5 days in advance of the meeting We recommend that the posting of the property notice in Town Code §270-237B also reflect the 5 day advance notice to remain consistent with the requirements of the New York State Town Law sections as identified above. We also recommend removing the requirement that Town Board set fees for these signs. Proposed modification to § 270-237B: The posting shall occur at least 14 5 days 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. Proposed modification to § 270-237E: 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 may be set from time to time by Town Board resolution. # # #