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HomeMy WebLinkAboutLL 18 of 2022 Limited Historic Commercial Overlay District Tracking for missing Local Law filing TOWN OF ITHACA LOCAL LAW NO. 18 OF THE YEAR 2022 A LOCAL LAW REVISING TOWN OF ITHACA CODE CHAPTER 270 (ZONING) BY REPLACING ARTICLE XVIIIA (LIMITED HISTORIC COMMERCIAL ZONES) WITH A NEW ARTICLE XVIIIA (LIMITED HISTORIC COMMERCIAL OVERLAY DISTRICT) Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 of the Town of Ithaca Code, titled “Zoning,” is amended by replacing Article XVIIIA (Limited Historic Commercial Zones) with a new Article XVIIIA (Limited Historic Commercial Overlay District) reading as follows: “ARTICLE XVIIIA Limited Historic Commercial Overlay District § 270-142.2. Purpose. § 270-142.3 Overlay district creation and dissolution. § 270-142.4 Permitted principal uses. § 270-142.5 Permitted accessory uses and structures. § 270-142.6 Building setbacks and height. § 270-142.7 Additional special requirements. §270-142.8 Hearing and due process. § 270-142.2. Purpose. The Limited Historic Commercial (LHC) Overlay District promotes the preservation, protection, and enhancement of significant historic structures in the Town of Ithaca by enabling more flexibility of the allowed uses of historically significant structures, and their associated property, than what the underlying zone would normally allow. In providing more reuse options, the intent of the Limited Historic Commercial Overlay District is to help make preservation efforts more financially feasible. § 270-142.3. Overlay district creation and dissolution. A. The LHC Overlay District works by being superimposed on an underlying base zoning district. The Overlay District identifies requirements that apply in addition to (or instead of) those in the base zone. Regulations for the Overlay District apply if overlay and base zone regulations conflict. 2 B. The Town Board may create a Limited Historic Commercial Overlay District upon application for a specific proposal, following the rezoning procedures in Article XXII, Procedures for Creation of New Zones. Such rezoning to create an Overlay District will be considered only for: (1) Buildings or structures that are listed on the New York State and/or National Registers of Historic Places; or (2) Buildings or structures that have been determined to be eligible for listing on said Registers of Historic Places; or (3) Buildings or structures that have been identified as potentially significant in the Town of Ithaca Historic Resources Survey (Final Report for the Intensive Level Survey, September 2005, as it may be revised or updated from time to time). Consideration or approval of the LHC Overlay District is not a right even if the structure or property meets the qualifications in (1), (2) and (3) above. C. An application for an LHC Overlay District must include the following elements: (1) A narrative description and justification for the request, to include the following: (a) Historical significance of the property. (b) Description of proposed limited commercial use(s) and feasibility of using the building and site for the proposed use. (c) Compatibility with neighboring and nearby properties and uses. (d) How the proposal will help promote and facilitate the preservation and enhancement of the historical property. (2) Conditions assessment performed by a design professional (an architect, certified building inspector, or civil/structural/architectural engineer) preferably having historic preservation experience, to evaluate and document the exterior of the building(s) and site conditions relative to historical and structural integrity. It is the owner’s responsibility to hire and pay for the design professional. Exterior and site character defining features to be assessed include, but are not limited to, the following: (a) Cladding materials, including trim, architectural details, and attachments. (b) Windows and doors, including panes and trim. (c) Roof, including gutters and chimney. (d) Decks, porches, and/or balconies. 3 (e) Grounds specific to elements that are relevant to the historic integrity, such as fences. (3) Preservation Plan (a) An approved preservation plan commits the property owner to goals and actions intended to ensure that benefits derived from the Limited Historic Commercial Overlay District rezoning continue to facilitate the preservation and protection of the property’s historical and structural integrity. The preservation plan must be approved by the Town Board and its implementation must be a condition of any Overlay District approval. The preservation plan is composed of the following components: [1] A plan for addressing and remedying any deficiencies identified in the property site assessment, along with a timetable for completing the repairs, restoration, and/or stabilization that the assessment deemed necessary. [2] A plan for addressing long-term maintenance and upkeep of the property, and any changes or additions to buildings and other historical resources, to ensure the historical and structural integrity of the grounds and building(s). [3] Landowner consent to enter the grounds for annual or biennial exterior inspections. This consent provides the right for the Town official to enter the property following notification (written or verbal) to a property owner of the inspection. (b) Proposed modifications to the preservation plan may be approved by the Director of Code Enforcement, except the following modifications must be approved by the Town Board: [1] Modification for proposed alterations (including, for example, materials and architectural elements to be utilized) which, in the judgment of the Director of Code Enforcement or designee, may adversely change the historic character and/or appearance of the building and/or site. [2] A request to extend any milestone in the preservation plan timetable by more than three (3) years. [3] Modifications which, in the judgment of the Director of Code Enforcement, warrant Town Board approval due, for example, to the unique nature, size, or significance of the modification. D. Overlay District enactment and compliance with preservation plan After the Overlay District is created, it stays in effect as long as the preservation plan conditions are met. (1) Compliance confirmation letters: 4 (a) Compliance confirmation letter will be submitted to the property owner(s) following an inspection confirming satisfactory implementation of the plan components addressing deficiencies identified in the initial site assessment. [1] Codes Department staff will conduct annual progress inspections while deficiencies are being addressed and will have authority to enter grounds for exterior inspection. (b) Thereafter, compliance confirmation letters will be submitted to the property owner every two years following a biennial property inspection for properties determined to be satisfactorily implementing their preservation plans. (2) Non-compliance (a) The property owner will be notified in writing if the Codes Department finds after inspection that the preservation plan is not being followed and be given 60 days from the date of the letter to initiate corrective action. (b) Failure to commence and complete corrective action in the allotted time frame may lead to Town Board dissolution of the Limited Historic Commercial Overlay District zoning following a hearing and due process (See Section § 270-142.8) E. Automatic Overlay District Dissolution (1) The Overlay District is automatically dissolved if: (a) The historic buildings or structures are demolished, or the historic buildings or structures are destroyed in whole or part by any means so that the destruction exceeds 50% of the assessed values of the buildings or structures in effect before the destruction, or (b) The historic buildings or structures in the zone lose any historic designation or eligibility for listing, if applicable. § 270-142.4. Permitted principal uses. Permitted principal uses, and related performance standards and special requirements in the base zone, apply in an LHC Overlay District. The uses in the following table are also allowed. These provisions consider each of these principal uses as if it stands alone, even if that use is functionally integrated with other defined uses. (Example: if a private club serves food or drinks onsite, these provisions consider the club and food / drink service (restaurant / bar) as separate uses, each subject to conditions for that use.) 5 Use Conditions (all uses below) • Special permit: Special permit review and approval (Planning Board) are required for any of these uses (except conversion of a non-residential building to a residential use) in C, AG, LR, LDR, MDR, HDR, and MR base zones. • Site plan review: Site plan review and approval (Planning Board) are required when provisions in Article XXIII require them. • Size / floor area: If the base zone also allows one of the uses in this table, maximum floor area in the base zone requirements applies. Otherwise, maximum floor area is limited to the gross floor area of the principal building at the time of Overlay District creation. Uses that may expand beyond this area (subject to site plan review and approval) are noted. • Off-site impacts: Externalities (noise, vibration, odor, glare) from normal activity must not be detectible past the property line in C, AG, LR, LDR, MDR, HDR, and MR base zones. This does not apply to normal outdoor activities (examples: people arriving and leaving, playing outdoors, maintenance and groundskeeping). All other related performance standards for the use in the Town Code also apply. 1) Residential principal uses Dwelling unit Separate living quarters for living, sleeping, cooking, eating, bathing, and sanitation by a family. • This use does not need a special permit. • A principal building may have 1 principal dwelling unit per 600 ’2 gross floor area that meets the definition of “habitable space” in the International Residential Code). This does not apply to buildings that ① are new, or ② do not meet the criteria in 270-142.3 B. 6 Use Conditions Live-work dwelling unit Principal dwelling unit, with connected purpose-built space on the ground floor for an allowed nonresidential use • Area: ≤ 500'² GFA for a nonresidential use, on the 1st story, with a public entrance separate from living areas. • Occupancy: The dwelling unit must be the proprietor’s principal residence. • Time: Business hours ≥ 8:00 AM to ≤ 8:00 PM. • Use: A nonresidential use in a live-work unit may only be one of the uses below as defined elsewhere in this section. • Day care center • Personal service • Professional office 2) Lodging principal uses Inn Facility with guest rooms for overnight stays by paying guests. An inn has an owner or manager that lives onsite and is available to respond onsite within sixty minutes in the event of temporary absences. • Guest room occupancy may only be on a daily or longer basis. • Number of guest rooms may be 1 for every ≥ 500’2 of habitable floor area (in the building, rounded down). Short-term rental uses See 270-5 and 270-219.7 for definition and base requirements. • Provisions in 270-219.7 that do not apply in the LHC Overlay District include D(2), E(2)(b), E(2)(e) and Subsection F. • A principal building may have 1 dwelling unit used for short term rental use. For example, in the case of two principal buildings, each may have one dwelling unit used for short-term rental use. • A unit may be used for unhosted short term rental uses year-round with no maximum time limit for occupancy, subject to special permit review and approval. 3) Commercial principal uses Day care center Any of these services to unrelated children or adults in a protective setting. • Child day care (18 NYCRR Subpart 418-1), small day care (18 NYCRR Subpart 418-2), school aged child care (18 NYCRR Part 414). • Adult day health care (10 NYCRR Part 425), social adult day care (9 NYCRR § 6654.20). Mixed residential / commercial Residential and commercial uses sharing the same building or lot. • A residential use must meet the definition and conditions of a dwelling unit as a principal use. (See table category 1: Residential principal uses). 7 Use Conditions • A commercial use is limited to professional office uses in this table category (3: Commercial principal uses). • Maximum employees for commercial uses is 1 per 400’² of gross leasable area, rounded down. • Business hours for a commercial use may only be ≥ 7:00 AM to ≤ 9:00 PM. Personal service Providing an intangible product or service to the public or customers onsite. • Does not include ① repair or modification of tangible products, or ② services related to building or mechanical trades, unless the base zone allows these (1 and 2). Professional office Business, administrative or professional offices and facilities; medical, dental, and health and wellness practices not involving any overnight occupancy; municipal or other governmental offices. Retail use Onsite sale or rental of a physical product to the public. • Limited to arts / crafts / design studios or galleries. Other types of retail uses are not allowed, unless the base zone allows it. Restaurant / cafe / bar Preparing or serving meals or drinks to customers onsite or delivery offsite. • Allowed only on a lot that fronts a major or minor arterial road (Tompkins County Highway Functional Classification). Drive-throughs are prohibited. Retreat / event venue Use of land and designated structures for gatherings or events (examples: wedding, private party, fundraiser event, training event, conference reception). • Allowed only on a lot that fronts a collector road, or major or minor arterial road (Tompkins County Highway Functional Classification). 4) Civic principal uses Community workshop Facility for people to learn, experiment, invent, or make things using shared tools and resources, in a collaborative setting. (Examples: makerspace, hackerspace, community kitchen.) Cultural facility Facility for display, performance, or enjoyment of heritage, history, arts, or sciences. (Examples: museum, non-commercial gallery, library, visitor center, indoor arts performance venue by a public or private entity.) • May expand beyond the gross floor area of the principal building at the time of LHC Overlay District creation, subject to site plan review and approval. 8 Use Conditions Place of assembly Facility used for public/resident assembly for worship, meeting, government, or community purposes. (Examples: religious or secular congregation, community center, common house, amenity center.) This includes typical ancillary uses. (Examples: meeting room, kitchen, exercise room, laundry room, workshop, day care center, offices.) • May expand beyond the gross floor area of the principal building at the time of LHC Overlay District creation, subject to site plan review and approval. Private club / lodge Facility of a private club or organization, mostly open only to club members and their guests. (Examples: service or lodge based organization, social club, veterans’ club, labor union.) School: primary / secondary NYS recognized school for primary or secondary (K- 12) education. • May expand beyond the gross floor area of the principal building at the time of LHC Overlay District creation, subject to site plan review and approval. § 270-142.5. Permitted accessory uses and structures. Base zone permitted accessory uses, and related performance standards and special requirements in the base zone, apply in an LHC Overlay District. § 270-142.6. Building setbacks and height. A. Minimum and maximum setback and height requirements in the base zone apply on lots in an LHC Overlay District. B. A structure with historic designation but legal nonconforming setback or height may be renovated, expanded, moved, or used more intensively, if non-conforming aspects are not made worse. (Example: a building with a nonconforming 10’ front setback may be expanded, but the addition cannot be closer to the front lot line than any other part of the building.) § 270-142.7. Additional special requirements. In addition to the additional special requirements in § 270-122, the following special requirements also apply in a Limited Historic Commercial Overlay District: A. Building conversions, alterations, additions, reconstructions, repairs, signs, and other site elements shall be compatible with the historic and architectural character of the buildings or structures that have been designated or identified as having historic significance as outlined in § 270-142.3. This requirement shall apply to the exteriors of buildings, structures and site elements, not to their interiors. 9 § 270-142.8 Hearing and due process. A. Inspection by Code Enforcement Officer; report to the Town Board. When in the opinion of the Code Enforcement Officer, a property having a Limited Historic Commercial Overlay District designation is deemed as not in compliance with the preservation plan because: (1) The preservation plan is not being implemented and repairs are being neglected and deterioration of the property is visibly occurring, or (2) The preservation plan is not being implemented because exterior building alterations, additions, reconstructions, or repairs jeopardize the historical significance and designation of the structure, the Code Enforcement Officer shall report in writing to the Town Board the officer’s findings and recommendations. B. The Town Board will consider the report and, if it finds from the report that there are grounds to believe that the preservation plan is not being followed the Town Board, by resolution, shall order dissolution of the Limited Historic Commercial Overlay District, at which time the property will revert to its underlying zoning designation. The Town Board shall further order that a notice of the order and of the related upcoming public hearing shall be served on the owner or some one of the owner's executors, legal representatives, or any other person having a vested or contingent interest in the property, either personally or by registered mail addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in same, as shown by the records of the receiver of taxes and/or in the office of the County Clerk or County Register. C. Contents of notice. Said notice shall contain the following information: (1) A description of the premises. (2) A statement describing how the preservation plan is not being followed (3) The Town Board's order requiring compliance with the preservation plan pursuant to a specified timetable. (4) A statement that a hearing will be held before the Town Board at a time and place specified in the notice, at which hearing the owner and such persons having an interest in the property or structure may contest the order, and that in the event such owner or persons having an interest shall fail to contest successfully such order or fail or refuse to comply with same or with any amended order that the Town Board may issue after the hearing, the Town Board will dissolve the Limited Historical Commercial Overlay District, and the property will revert to its underlying zoning designation. D. Hearing. At the time and date specified in the notice to repair or restore the property the Town Board shall conduct the public hearing. It may adjourn from time to time until the hearing is completed and until all interested parties that make reasonable attempts to participate are heard. At the conclusion of the hearing, the Town Board shall determine to revoke the order; or continue or 10 amend said order and direct the owner and other persons to complete the work within a specified time which shall be reasonable as to the time needed to perform the work.” Section 2. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 3. This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur.