Ithaca City Zoning Code
ARTICLE III
Special Permits and Related Special Conditions
§ 325-9 Standards for special conditions and special permits.
[Amended 2-7-2020 by Ord. No. 2020-01; 6-18-2025 by Ord. No. 2025-06]
A.
Intent. The intent of this section is to set forth regulations and conditions which shall apply to certain land uses and activities which are incongruous or sufficiently unique in terms of their nature, location and effect on the surrounding environment and the quality of the community to warrant special evaluation of each individual case.
B.
Applicability.
(1)
The uses listed under the district regulations in § 325-8, District regulations, which require a special permit from the Planning and Development Board, are as follows:
(a)
(Reserved)
(b)
Cemeteries in all districts.
(c)
Public utility facilities in all districts.
(d)
Schools and related uses in all residential districts.
(e)
Nursery schools or child day-care centers in R-2, CR-2 and R-U Districts.
(f)
Neighborhood retail or service commercial facilities in R-2, R-3, CR-2, CR-3, and CR-4 Districts.
(g)
Hospitals or sanatoriums in R-3, CR-3, and CR-4 Districts.
(h)
Any use other than public recreation, classrooms, or living accommodations in P-1 Districts that are located within 200 feet of adjoining residential districts.
[1]
In such P-1 Districts, living accommodations within 200 feet of an adjoining residential district shall conform to the use and area regulation applying to the strictest adjoining residential district.
(i)
Home occupations in all residential districts, unless the home occupation meets all of the following criteria:
[1]
The occupation does not carry a stock of merchandise or store materials for resale or use in the occupation, except for a reasonable quantity of office supplies incidental to a small office;
[2]
The occupation does not create traffic or need for parking beyond that which is incidental to the residential use of the property. Factors that are not to be considered incidental to residential use are regularly scheduled events such as deliveries, client or customer visits, or similar events;
[3]
The occupation requires or performs no exterior alterations and maintains no exterior display visible from outside the residence (including vehicles with signage parked outside of the buildings) except a nameplate as permitted by Chapter 272, Signs, of the City Municipal Code; and
[4]
The occupation does not create any noise, vibration, smoke, dust, or objectionable effects not customarily incidental and accessory to the residential use of the property.
(j)
Towers or structures for the transmission or receipt of radio or other electronic communications signals (except those subject to Article VA of this chapter), unless:
[1]
The towers or structures are antennas or satellite dishes with a maximum diameter of six feet or less;
[2]
Such antennas or satellite dishes are not in a front yard;
[3]
The maximum height (top to bottom) of such antenna or satellite dish, including attached mounting supports, is 10 feet or less; and
[4]
Such antennas or satellite dishes, if they are to be located where they would ordinarily be visible from a public way adjoining the property, are subject to the following conditions:
(k)
Telecommunications facilities and services.
(l)
Towers or structures intended for the generation of electricity for the premises on which such tower is located in all districts.
(m)
Neighborhood gardens in all districts.
(n)
Group or adult day-care facilities in R-2 and CR-2 Districts.
(o)
Redemption centers in B-2 Districts.
(p)
Bed-and-breakfast inns in all districts.
(q)
Neighborhood parking in any district where such parking is permitted.
C.
Special permit procedures.
(1)
Submission of application materials. Applicants must submit a complete special permit application, including all applicable materials as described in the application checklist. The Planning and Development Board may require additional application materials, depending on the scope and complexity of the project.
(2)
Public notice.
(a)
By mail. The applicant shall notify the owners of record of all properties within 200 feet of the property boundary of the project site at least 20 days before the Planning and Development Board meeting. Such notice shall be in the form approved by the Board, briefly state essential facts about the proposed special permit, and inform recipients of the date, time, and place of the meeting and the place where further information about the proposal and review process may be obtained. The applicant shall provide the Board with certification of compliance with notice procedures.
(b)
By posting. The applicant shall post a sign at the center of each property line of the project site which front on a public or private roadway or a public right-of-way at least 20 days before the Planning and Development Board meeting. Such signs shall be continuously maintained and displayed facing the roadway until final action has been taken by the Board to approve or deny the special permit. The required signs shall be obtained from the Division of Planning and Development, and a nonrefundable fee shall be paid for each sign or replacement obtained. At the time such signs are obtained, the applicant or the applicant's representative shall indicate, in writing, the date on which the signs are to be erected.
(c)
By newspaper. The hearing on the special permit application shall be advertised in a newspaper of general circulation in the City at least five days before the hearing.
(3)
Planning and Development Board meeting. Following timely receipt of a complete application for a special permit, the Board shall schedule consideration of the application at its earliest possible scheduled meeting. The Board may establish its procedures and requirements, within the framework provided by this chapter, for the review of special permits.
(4)
Public hearing. Prior to rendering any decision on a special permit application, the Board shall first hold a public hearing on the proposed use. This may begin concurrently with any required public hearing for the purpose of environmental review and/or site plan review of the same project and may continue after any such environmental review or site plan review public hearings are closed.
(6)
Communication of decisions. The Director of Planning and Development and the applicant shall be notified, in writing, of the decision on a special permit application no later than 10 working days after the date of the decision.
D.
Permit review criteria.
(1)
General criteria.
(a)
A special permit shall be granted for a proposed use or activity if it meets the following criteria:
[1]
The location and size of the use, the size of the site in relation to it, and the location of the site with respect to the existing or future streets giving access to it shall be such that the use will be in harmony with the existing or intended character of the neighborhood and will not discourage the appropriate development of adjacent land and buildings or impair the enjoyment or value thereof.
[2]
Operations in connection with the use shall not be more objectionable to nearby property by reason of noise, fumes, increased vehicular traffic or parking demand, vibration, or flashing lights than would be the operations of any use permitted without a special permit.
[3]
The granting of a special permit may be conditioned on the effect the use would have on traffic, congestion, environment, property values, municipal services, character of the surrounding neighborhood, or the general plan for the development of the community.
(b)
The Planning and Development Board shall deny a special permit where it finds that a proposed use would have a significant negative impact on traffic, congestion, environment, property values, municipal services, character of the surrounding neighborhood, or the general plan for the development of the community, including considerations of occupant load, night operation, and the use of chemical, biological, or radioactive agents expected in connection with the proposed activity.
(c)
The applicant may be required by the Board to submit plans for the site and parking facilities and to disclose other features of the applicant's proposed use so as to afford the Board an opportunity to weigh the proposed use in relation to neighboring land uses and to cushion any adverse effects by imposing conditions designed to mitigate them. If the Board finds that the adverse effects cannot be sufficiently mitigated, then the Board shall deny the special permit.
E.
Application fees. The application fee shall be based on the type of use for which the special permit is sought in accordance with the following schedule.
F.
Expiration and renewals.
(1)
Special permits do not expire, with the following exceptions:
(a)
(Reserved)
(b)
A home occupation special permit shall be issued for a three-year period.
[1]
The renewal of home occupation special permits for additional three-year periods shall be granted by the Director of Planning and Development or their designee following the issuance of a certificate of compliance for the entire property, verifying that the conditions originally set forth have not changed in any way. To prevent expiration of the special permit, the certificate of compliance must be obtained within the three-year period.
(c)
A bed-and-breakfast inn special permit in all residential districts shall be issued for a five-year period.
[1]
The renewal of bed-and-breakfast inn special permits for additional five-year periods shall be granted by the Director of Planning and Development or their designee following the submission of a renewal application and all documentation required in said application. A renewal application must be submitted prior to the expiration of the existing special permit. The Director may refer any application for renewal to the Planning and Development Board for its approval, in which case all requirements pertaining to the first-time application for the special permit shall apply.
(2)
It is the responsibility of permit holders to renew their special permits prior to expiration.
G.
Appeals. Any person aggrieved by any decision of the Board, or any officer or agency of the City, regarding the issuance of a special permit, may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.
H.
Revocation. The Director of Planning and Development or their designee shall revoke any special permit issued hereunder should the applicant or the applicant's tenant violate any provision of this chapter or any condition imposed upon the issuance of the special permit by the Planning and Development Board.
§ 325-10 Additional conditions for special permits.
[Amended 2-7-2020 by Ord. No. 2020-01; 6-18-2025 by Ord. No. 2025-06]
A.
Intent. The intent of this section is to set forth additional requirements and conditions which shall apply to certain uses allowed by special permit under § 325-8, District regulations, of the City Municipal Code.
C.
Additional conditions.
(1)
(Reserved)
(2)
Bed-and-breakfast inns in all districts. The following specific conditions shall be applicable to all special permits for bed-and-breakfast inns and must be adhered to during the period that the bed-and-breakfast use is in operation:
(a)
The bed-and-breakfast inn must obtain a certificate of compliance.
(b)
A bed-and-breakfast inn must be owner-managed.
(c)
Bed-and-breakfast inns in residential zones must be compatible with the surrounding residential neighborhood.
(d)
No alterations to the exterior of the house for the purpose of establishing or expanding bed-and-breakfast operations shall be permitted except for routine maintenance, alterations not requiring a building permit, restoration, or requirements related to safety or handicapped accessibility. There shall be no exterior indication of a business, except the one permitted sign as indicated below, and required parking. Drawings illustrating any proposed exterior modifications must be submitted with the special permit application.
(e)
No cooking facilities are permitted in the individual guest rooms.
(f)
In-house food service shall only be provided to guests, owner-occupants, owner-managers, and staff.
(3)
Neighborhood gardens. The following specific conditions shall be applicable to all special permits for neighborhood gardens:
(a)
At least one responsible adult, who shall be a participant in the gardening, a representative of the sponsoring organization, or the owner of the subject property, shall administer or coordinate the operation and act as a contact person for the duration of the gardening activity.
(b)
The area to be used will be operated in a responsible manner at all times so as not to present a nuisance to or interfere with the use or enjoyment of neighboring private or public property.
(c)
Unused portions of the site shall be maintained in a neat and orderly manner at all times.
(d)
Gardening activity on individual plots must be confined to the hours of 7:00 a.m. to 10:00 p.m., except that power machinery shall not be operated before 8:00 a.m. or after 8:00 p.m.
(e)
Power or motorized machinery used in preparing and maintaining individual plots shall be no larger than that normally used in connection with home gardening (e.g., a typical walk-behind rototiller).
(f)
Farm tractors or other heavy machinery shall not be employed on the site except for initial site development and for annual spring preparation and fall cleanup, if necessary. In those instances, it shall be operated only between 8:00 a.m. and 6:00 p.m. weekdays.
(g)
Mulch, compost, or organic fertilizer employed in the gardening is confined to the site in a neat and orderly manner, and no fresh manure shall be used or composted.
(h)
All organic refuse and trash from the gardening operations shall be promptly and properly disposed of on at least a weekly basis and, pending disposition, it shall be stored neatly in such a way that it does not produce offensive odors or attract dogs, raccoons, or vermin.
(i)
Noxious fertilizers or noxious chemicals employed in the gardening are used only with the knowledge and consent of all gardeners using the site, all adjoining property owners, and, in the event that adjoining properties are rental residential properties, with the knowledge and consent of the head of each tenant household.
(j)
No flammable liquids shall be stored on the site.
(k)
Noise and odors produced in connection with the gardening activity shall be no greater than those normally associated with home gardening.
(l)
The entire site will be cleaned and left with a neat appearance at the end of each gardening season or within 30 days of revocation or expiration of a permit, whichever occurs first.
(m)
The Planning and Development Board may prescribe any conditions that it deems necessary or desirable, including, but not limited to, additional off-street parking spaces, so that the character of the neighborhood shall be preserved and public safety and welfare secured.
(n)
Approved special permits for neighborhood gardens shall be reviewed by the Director of Planning and Development or designee at least annually for compliance with the above-noted conditions and other conditions specific to each permit's approval. If, following such review or investigation of any complaint, the Director of Planning and Development or designee determines that a substantial violation exists, notice of such violation shall be mailed to the designated contact person, requiring that such violation be corrected within 15 days. If satisfactory correction is not made, the special permit may be revoked by the Director of Planning and Development or designee.
(o)
In consideration of the fact that such gardens may be of an interim nature, may occupy only a portion of a parcel and may be located on property unsuited for other uses permitted under this chapter, the district regulations specified for permitted uses under § 325-8 of this chapter shall be superseded, where applicable, by the following regulations for neighborhood gardens:
[1]
Minimum lot size: none.
[2]
Width in feet at the street line: none required; however, sites lacking street frontage shall be accessible to vehicles and pedestrians via a right-of-way of at least eight feet in width.
[3]
Permitted structures: No structures for human habitation or occupancy shall be permitted except for a weather shelter for gardeners, which may have a maximum floor area of 64 square feet. A light accessory structure for storage of gardening equipment and materials for plant propagation, with a maximum floor area of 64 square feet, may be erected separately or attached to the weather shelter. If necessary, a well-housing structure for the production of water for garden use may be erected with permission of the owner of the site.
[4]
Parking and loading space: At least one off-street space on or immediately adjacent to the site shall be provided for the use of the gardeners for each 15 individual garden plots on the site or portion thereof.
(4)
Schools and related uses. The following specific conditions shall be applicable to all special permits for schools and related uses in all residential districts:
(a)
If the proposed use is the expansion of an existing educational use, the applicant must show a need to expand into the residential area rather than into a less-restrictive area. No special permit shall be granted by the Planning and Development Board unless the applicant can demonstrate that there is no reasonable alternative to location or expansion on the site proposed.
(b)
The location and size of the use, the size of the site in relation to it, the operations in connection with the use and the parking and traffic related to the operations shall not be such as to create a significant hazard to the safety or general welfare of the surrounding area.
(c)
The proposed use or operation shall not produce or present substantial danger of excessive noise, noxious odors, noxious or harmful discharge, fire or explosion, radiation, chemical or toxic release or other conditions injurious to the health or general welfare of occupants of nearby properties.
(d)
The size and use of the facility or the concentration with similar facilities in the neighborhood shall not be so substantially out of proportion to the character of the neighborhood as to jeopardize the continued use of the neighborhood for residential purposes.