Ithaca City Zoning Code
ARTICLE 21
Site Plan Review Procedure
§ 21.01 Purpose.
The proper development of a community requires that various uses within any district be as compatible as possible. There are, however, certain types of activities and structures which, because of size and the amount of traffic generated or attracted under normal use, lend themselves to potential conflict with surrounding uses. It is the responsibility of the Ithaca Planning Commission to provide procedures to ensure the City develops in accordance with the general intent of this ordinance.
§ 21.02 Circumstances requiring a site plan.
21.02:1.
Site plans are subject to review for the following uses:
(a)
All uses permitted by special approval in all zoning districts listed in this ordinance.
(b)
All planned unit developments.
(c)
All site plan condominiums.
(d)
Uses and structures permitted by right in certain zoning districts, when such development is comprised of special characteristics that local officials feel necessitate a site plan.
(e)
All construction occurring within the Ithaca Industrial Park.
(f)
All site plans associated with a special use permit application must be reviewed by the Ithaca Planning Commission, in accordance with the standards defined in Article 22 in addition to Article 18, if site performance criteria are used. All site plans required in conjunction with permitted uses shall be reviewed by the Zoning Administrator to ensure conformance with the standards defined in Articles 22 and, if applicable, Article 18.
§ 21.03 Site plan data required.
21.03:1.
Each site plan submitted shall contain the following information, unless specifically waived, in whole or in part, by the Planning Commission:
(a)
The date, north arrow, scale and name of the individual or firm responsible for preparing said plan. The scale must be at least one inch equals 20 feet for parcels under three acres and not less than one inch equals 50 feet for parcels of three acres or more.
(b)
The boundary lines of the property, to include all dimensions and legal descriptions.
(c)
The location of all structures on the site, including proposed drives, walkways, signs, exterior lighting, parking (showing the dimensions of a typical parking area), loading and unloading areas, common use areas and recreational areas and facilities.
(d)
The location and widths of all abutting rights-of-way.
(e)
The location of unusual environmental features, such as streams, wetlands, shorelands, etc.
(f)
The location and identification of all existing structures within a 200-foot radius of the site.
(g)
The name and address of the property owner.
(h)
The existing zoning district in which the site is located and, in the case of a request for a zoning change, the classification of the proposed new district.
(i)
The location of all existing and proposed landscaping as well as all existing and proposed fences or walls.
(j)
A locational sketch of the proposed use or structure.
(k)
The type, location and size of all utilities existing and proposed for the site.
(l)
The location, size and slope of all subsurface drainage facilities.
(m)
A summary schedule and views should be affixed to site plans for proposed structures in applicable residential and commercial districts, giving the following information:
(1)
The number of dwelling units proposed, by type, including a typical floor plan for each type of unit.
(2)
The residential area of the proposed units in square feet, as well as area dimensions of driveways and staging areas.
(3)
Typical elevation drawings of the front and rear of each building.
(n)
For multiple-family and mobile home developments, the contour intervals of the topography of the existing and finished site shall be shown wherever the existing slope on any part of the building site is 10% or greater. Such contour shall be shown at height intervals of two feet.
§ 21.04 Submittal and approval.
21.04:1.
All site plans required as stated with this ordinance shall be submitted by the petitioner (property owner or designated agent) to the office of the Zoning Administrator. A request for site plan approval for special uses identified in Article 20, or a site performance development as identified in Article 18 shall require three copies of the site plan, while a request for site plan approval for permitted uses identified in Article 22 shall require two copies of the site plan. The Zoning Administrator shall cause the request for approval to be put on the agenda of the next regularly scheduled Planning Commission meeting, provided that such meeting is scheduled to be held at least 48 hours after the applicant has submitted the site plan to the Zoning Administrator's office. If the regularly scheduled Planning Commission meeting is to be held within 48 hours of such submittal by the applicant, the Zoning Administrator shall schedule the applicant's request for the next following regularly scheduled Planning Commission meeting.
21.04:2.
In the case of a request for a special use permit approval and for a site performance development, the Planning Commission shall, after review of the special use request and site plan, hold a public hearing in accordance with § 20.02:3 and make a final decision in accordance with §§ 20.02:4, 20.03 and Article 22. Where a site plan is required in conjunction with a permitted use (except a site performance development) that must conform to the standards in Article 22, the Zoning Administrator shall have the responsibility to approve, approve with specified changes and/or conditions, or disapprove the applicant's request, using the site development requirements in Article 22 and the general standards in § 20.03:1.
21.04:3.
Any conditions or changes stipulated by the Planning Commission in review of a special use permit request shall be recorded in the minutes of the meeting and incorporated as part of the special land use permit, and a copy each of said conditions or changes given to the applicant and Zoning Administrator. An approved site plan request shall contain the signatures of the chairman of the Planning Commission and the Zoning Administrator. Any conditions or changes stipulated by the Zoning Administrator in review of a site plan associated with a permitted use shall be recorded by the Zoning Administrator and a copy of such conditions or changes given to the applicant. An approved site plan request for a permitted use shall contain the signature of the Zoning Administrator.
21.04:4.
Of the three copies of the site plan submitted by the applicant for a special use permit, one copy/copies shall be kept on file by the Planning Commission secretary, one copy retained in the Zoning Administrator's office and one copy retained by the applicant. For a permitted use subject to the requirements in Article 22, one copy shall be retained by the Zoning Administrator and one copy shall be retained by the applicant.
§ 21.05 Fees.
Accompanying the request for approval of a site plan, a fee (to be determined by the Ithaca City Council), shall be submitted. Said fee is for the purpose of defraying administrative costs in processing the request for approval. Such fee may be used for reimbursing another party retained by the City of Ithaca for expert consultation relative to the application.
§ 21.06 Revocation.
21.06:1.
If the Zoning Administrator shall find that the conditions and stipulations of an approved site plan are not being adhered to, the Planning Commission shall give notice to the applicant of its intent to revoke the prior approval given to the site plan. Intent to revoke shall be made known to the applicant by a registered letter sent to the applicant and signed by the chairperson of the Planning Commission. Said letter shall be received by the applicant 30 days prior to the stated date of revocation and shall contain the reasons for revoking the site plan approval.
21.06:2.
If the applicant notifies the Planning Commission within 10 days of the receipt of the above letter of his or her intent to rectify the violation, the Planning Commission, through official act, may defer the revocation.
§ 21.07 Appeal.
The decision of the Planning Commission may be appealed by the property owner or his or her designated agent to the Ithaca Zoning Board of Appeals. Request for appeal may be made by written letter from the applicant to the chairperson of the Board of Appeals within 10 days of disapproval, approvals by modification, or revocation of the site plan by the Planning Commission.