HomeMy WebLinkAboutLL 11 of 2025 Amending Chapter 270 STR in Conservation ZoneAdopted 2025-08-11
TOWN OF ITHACA
LOCAL LAW NO. 11 OF THE YEAR 2025
A LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 270, ZONING,
ARTICLE XXVI, SPECIAL REGULATIONS, REGARDING SHORT-TERM RENTAL
USES REGULATIONS IN THE CONSERVATION ZONE
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270 (Zoning), Article XXVI (Special Regulations) of the Town of
Ithaca Code, Section 270-219.7, titled “Short-term rental uses” is amended as follows:
A. The first sentence of Subsection D(1) is amended by adding the following provision
regarding Conservation Zones so that the first sentence of Subsection D(1) reads as
follows:
“(1) Except in the Lakefront Residential Zone, and in the Conservation Zone in structures
that existed as of September 1, 2025, short-term rental uses may occur only in a
dwelling unit that is the principal residence of at least one of the property owners, in
another dwelling unit on the same tax parcel as the principal residence, or in a
dwelling unit on no more than one adjacent tax parcel that is owned by the same
owner(s).”
Section 2. Statement of Supersession. It is the intent of the Town Board, pursuant to
authority under New York State Municipal Home Rule Law § 10(1)(ii)(d)(3), § 10(1)(ii)(a)(14),
and § 22 to supersede inconsistent provisions of the New York State Town Law. In particular, it
is the intent of the Town Board, pursuant to authority under sections 10 and 22 of the Municipal
Home Rule Law, to supersede inconsistent provisions of New York State Town Law relating to
uniformity. Without limitation, this local law hereby supersedes the New York State Town Law
§ 262, to the extent that the provisions of said section are inconsistent with any provision in this
local law.
Section 3. In the event that any portion of this law is declared invalid by a court of
competent jurisdiction, the validity of the remaining portions shall not be affected by such
declaration of invalidity.
Section 4. This local law shall take effect on September 1, 2025.
Short Environmental Assessment Form
Part 1 -Project Information
Instructions for Completing
Part 1 -Project Information.The applicant or project sponsor is responsible for the completion of Part 1.Responses become part of the
application for approval or funding,are subject to public review,and may be subject to further verification.Complete Part 1 based on
information currently available.If additional research or investigation would be needed to fully respond to any item,please answer as
thoroughly as possible based on current information.
Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the
lead agency;attach additional pages as necessary to supplement any item.
Part 1 -Project and Sponsor Information
Name of Action or ProJectiEnactment of Local Law Amending Town of Ithaca Code,Chapter 270,Zoning,Article XXVI,Special Regulations
Regarding Short-Term Rental Use Regulations in the Conservation Zone
Project Location (describe,and attach a location map):
The local law applies to properties in the Conservation Zone.
Brief Description of Proposed Action:
The proposed action is a local law to amend Town Code,Chapter 270,Zoning,to eliminate the principal
residence of property owner/same lot as principal residence/lot adjacent to principal residence requirement in
the Conservation Zone in buildings In existence as of September 1,2025.
Name of Applicant or Sponsor:Telephone:607-273-1721
Town of Ithaca E-Mail:rhowe@townithacany.gov
Address:
215 North Tioga Street
City/PO:
Ithaca
Zip Code:
14850
State:
New York
Does the proposed action only involve the legislative adoption of a plan,local law,ordinance,
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that
may be affected in the municipality and proceed to Part 2.If no,continue to question 2.
1.NO YES
✓
2.Does the proposed action require a permit,approval or funding from any other government Agency?
If Yes,list agency(s)name and permit or approval:
NO YES
3.a.Total acreage of the site of the proposed action?
b.Total acreage to be physically disturbed?
c.Total acreage (project site and any contiguous p
or controlled by the applicant or project sponsor?
acres
acres
:d
acres
V
4.Check all land uses that occur on,are adjoin!
□Urban □Rural (non-agriculture)
n Forest O Agriculture
□Parkland
le proposi ion;
I
I I AquaticT □Other(Specify):
Commercial □Residential (suburban)
Page 1 of 3 SEAF2019
NO YES N/A5.Is the proposed action,
a.A permitted use under the zoning regulations?
b.Consistent with the adopted comprehensive plan?
NO YES
6.'Is the proposed action consistent with the predominant character of the existing built or natural landscape?
7.Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area?
If Yes,identify:
NO YES
NO YES
8.a.Will the proposed action result in a substantial increase in traffic above present levels?
b.Are public transportation services available at or near the site of the proposed action?
c.Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed
action?
9.Does the proposed action meet or exceed the state energy code requirements?NO YES
If the proposed action will exceed requirements,describe design features and technologies:
V'5-
<1
n ))
7/>
10.Will the proposed action connect to an existing p '/Olic/prh^te water supply?n '7t .A
NO YES
If No,describe method for providing potable^tT'ater://,n
.A//
I11.Will the proposed action coimect to existing wastewater utilities?
If No,describe method for providing wastewater treatment:_
NO YES
12.a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district
which is listed on the National or State Register of Historic Places,or that has been determined by the
Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the
State Register of Historic Places?'
NO YES
b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for
archaeological sites on the NY State Historic Preservation Office (SHPO)archaeological site inventory?
13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain
wetlands or other waterbodies regulated by a federal,state or local agency?
NO YES
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody?
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
Page 2 of 3
14.i Identify the typical habitat types that occur on,or are likely to be found on the project site.Check all that apply:
I I Shoreline □Forest Q Agricultural/grasslands □Early mid-successional
□Wetland □Urban □Suburban
15.Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or
Federal government as threatened or endangered?
NO YES
16.Is the project site located in the 100-year flood plan?YESNO
NO YES17.Will the proposed action create storm water discharge,either from point or non-point sources?
IfYes,
a.Will storm water discharges flow to adjacent properties?
)
b.Will storm water discharges be directed to established conveyance systems (runoff and storm drains)?
IfYes,briefly describe:'
\
V //
C-'
/'
18.Does the proposed action include con//ru^t^of ,6r other activities that would result in the impoundment of water
or other liquids (e.g.,retention pond,waste Tayifop.^dah/ir)')IfYes,explain the purpose and size of the impoundiheiiE-^//"^
NO YES
u //
//1 ///_
19.Has the site of the proposed action or an adjoining property beeh the
management facility?
tcy!i active or closed solid waste YESNO
'SIfYes,describe:
20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing dr
completed)for hazardous waste?
IfYes,describe:
NO YES
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Rod Howe Date:July 10,2025Applicant/sponsor/name:
Town SupervisorTitle:Signature:
PRINT FORM :Page 3 of 3
Agency Use Only [If applicable]
Short Term Rental Law UpdateProject:
Date:August 11,2025
Short Environmental Assessment Form
Part 2 -Impact Assessment
Part 2 is to be completed by the Lead Agency.
Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by
the project sponsor or otherwise available to the reviewer.When answering the questions the reviewer should be guided by
the concept “Have my responses been reasonable considering the scale and context of the proposed action?”
No,or
small
impact
may
occur
Moderate
to large
impact
may
occur
1.Will the proposed action create a material conflict with an adopted land use plan or zoning
regulations?✓
2.Will the proposed action result in a change in the use or intensity of use of land?✓
3.Will the proposed action impair the character or quality of the existing community?✓
4.Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area (CEA)?✓
5.Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit,biking or walkway?✓
6.Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities?✓
7.Will the proposed action impact existing:
a.public /private water supplies?
b.public /private wastewater treatment utilities?
✓
✓
8 .Will the proposed action impair the character or quality of important historic,archaeological,
architectural or aesthetic resources?✓
9.Will the proposed action result in an adverse change to natural resources (e.g.,wetlands,
waterbodies,groundwater,air quality,flora and fauna)?r\:,'\✓
10.Will the proposed action result in an increase in the potential for erosion,flooding or drainage
problems?✓
11.Will the proposed action create a hazard to environmental resources or human health?✓
I ■.
1
J •PRINT FORM Page 1 of2
Agency Use Only [If applicable]
Project:Short Term Rental Law Update
Date:Uugust 11,2025
Short Environmental Assessment Form ,
Part 3 Determination of Significance
For every question in Part 2 that was answered “moderate to large impact may occur”,or if there is a need to explain why a
particular element of the proposed action may or will not result in a significant adverse environmental impact,please
complete Part 3.Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that
have been included by the project sponsor to avoid or reduce impacts.Part 3 should also explain how the lead agency
determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,
probability of occurring,duration,irreversibility,geographic scope and magnitude.Also consider the potential for short
term,long-term and cumulative impacts.
The proposed action is the enactment of a local law to amend Town Code Chapter 270,Zoning,to allow
property owners with existing buildings (as of September 1,2025),on properties in a Conservation Zone to
operate hosted and un-hosted short-term rentals in the buildings.There are no other changes to Town Code
270-219.7.Property owners desiring to have short-term rentals in the Conservation Zone will still be
required to obtain operating permits that include annual inspections.The law still limits the number of days
a property owner may operate the short-term rental.This change applies only to buildings existing prior to
September 1,2025 (to prevent the purchase or construction of dwellings where the property owner has no
principal residence on the same or adjacent lot).
Overall,the enactment of the local law is not expected to create significant adverse environmental impacts
associated with community character,or historic,archaeological ,architectural,aesthetic,or natural
resources.It will not impact energy use,utility use,or significantly affect traffic levels;and it will not
increase the potential for flooding,erosion,or drainage problems.
The local law will,however,enable property owners to increase the intensity of the use of their property.
This is not a concern with most of the Conservation-zoned properties in the town,as more than 80%of the
properties are owned and closely managed by New York State,Cornell Botanic Gardens,or Town of Ithaca.
Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action will not result in any significant adverse environmental imnacts.
Town of Ithaca Town Board
✓
Name of Lead Agency
Rod Howe
late
Town Supervisor
Title of Responsible Officer
Christine Baiestra,Senior Pianner
Print or Type Name of Responsible Officer in Lead Agency
Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from ResponsihleOfficer)
PRINT FORM Page 2 of2
TOWN OF ITHACA
NEW YORK
TOWN CLERKS' OFFICE
Paulette Rosa, Town Clerk, Ashley Colbert & Monica Moll, Deputy Town Clerks
215N.TIoga 3114850
607.273.1721 clerks@town.ithaca.ny.us
August 12,2025
State Records Unit
Department of State
One Commerce Plaza
99 Washington Ave.
Albany, NY 12231
To Whom It May Concern,
Enclosed are:
Town of Ithaca Local Laws 9,10,11 and 12 for the year 2025:
Local Law 9: A LOCAL LAW REPEALING CHAPTER 175 "LOCK BOXES" OF THE
TOWN OF ITHACA CODE, REQUIRING LOCK BOXES
Local Law 10: A LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 188,
NOTIFICATION OF DEFECTS, REGARDING NOTICE TRANSMISSION AND FILING
PROCESSES
Local Law 11: A LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 270,
ZONING,ARTICLE XXVI, SPECIAL REGULATIONS, REGARDING SHORT-TERM
RENTAL USES REGULATIONS IN THE CONSERVATION ZONE
Local Law 12: A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED
N GENERAL MUNICIPAL LAW §3-C
Please contact me if you have any questions.
Sincerely,
Paulette Rosa
Town Clerk
Local Law Filing
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Albany, NY 12231-0001
www.dos.state.ny.us/corps
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
□County □City j^Town nvillage
(Select one:)
of Ithaca
Local Law No. 11 > of the year 2025
A local law A LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 270, ZONING.
(Insert Title)
ARTICLE XXVI, SPECIAL REGULATIONS, REGARDING SHORT-TERM RENTAL USES
REGULATIONS IN THE CONSERVATION ZONE
Be it enacted by the of the
(Name of Legislative Body)
□County □City j^Town □Village
(Select one:)
of Ithaca as follows:
See attached.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
nr\e no-ao * 1 /Da./ ne/iox Paae 2 of 4
(Complete the certification In the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. jJ of 20^5 of
the (County)(Clty)(Town)(Vlllage) of was duly passed by the
Town Board on August 11 20 25 jn accordance with the applicable
(Name of Legislative Body)
provisions of law. n
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 q1
the (County)(Clty)(Town)(Vlllage) of was duly passed by the
on 20 n and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disappro\
on 20 I I . ill accordance w Ith the applicable provisions of law.
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. __Qf 20 of
the (County)(Clty)(Town)(Vlllage) of was duly passed by the
^ on 2D (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 2D
(Elective Chief Executive Officer*^
Such local law was submitted to the people by reason of a (mandatory)(permlssive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
20 . in accordance with the applicable provisions of law.
4, (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. nf 20 of
the (County)(Clty)(Town)(Vlllage) of was duly passed by the
• on 2D _and was (approved)(not approved)
(Wame of Legislative Body)
(repassed after disapproval) by the nn 20 ^uch local
(Elective Chief Executive Officer')
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 n in accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, If there
be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer Is
vested with the power to approve or veto local laws or ordinances.
DOS-0239-f-l (Rev. 06/12) . Paae3of4
5. (City local law concerning Charter revision proposed.by petition.)
I hereby certify that the local law annexed hereto, designated as local law No of 20 of
the City of ^ having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (speclal)(general) election held on 20 , became operative.
/
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20.,^ of
the County of ^ .State of New York, having been submitted to the electors at the General Election of
November 20 pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the orlgin^n file In this office and that the same is a
correct transcript therefrom and of the whole of such original local law, an^was pially adopted In the manner Indicated in
paragraph J , above. (
ri'rirr.'j-n
(Seal)^
- s: - ' A'
%
Clerk'Dfthe county legislative body, City, Town or Village Clerk or
officer designated by local legislative body
Date:
-
nn.c5.n9r^Q-f-i nR/i7^Paqe 4 of 4
STATE OF NEW YORK
DEPARTMENT OF STATE - . . — . . . __
ONE Commerce Plaza Kathy Hochul
99 Washington avenue governor
Albany, NY 12231-0001 Walter T. Mosley
kttps://dos.ny.60v secretary of state
August 26, 2025
Town of Ithaca
215 N. Tioga Street 14850
Ithaca, New York 14850
RE: Town of Ithaca
To Whom it May Concern:
Local Law 9, 10, 11. and 12 of the year 2025 was filed with this office on 8/18/2025.
The Department of State Local Law Index Number 9, 10, 11, and 12 of the year of
2025. The Local Law number assigned by the Department of State for indexing
purposes may be different from the Local Law number ascribed by the Legislative Body
of the Local Government.
Department of State
Division of State Records
(518)473-2492
www.dos.ny.aov
*The Local Law filing form has been updated as of 03/05/2025 in compliance
with Section 27 of the Municipal Home Rule Law*
NEW
YORK
STATE
Department
of State