No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, repair, removal, or demolition of any building or structure (including signs, except as specified in Article XXIX, Signs), nor install heating equipment, nor undertake any other work which must conform to New York State's Uniform Fire Prevention and Building Code or the Energy Code Supplement found at Chapter 144 of the Code of the Town of Ithaca, without having applied for and obtained a building permit from a Code Enforcement Officer pursuant to Chapter 125 of the Code of the Town of Ithaca. Notwithstanding the foregoing, no building permit shall be required under those circumstances specified in § 125-4A of the Code of the Town of Ithaca for which no building permit is required.

No permit to build shall be issued except pursuant to written order of the Board of Appeals, where the proposed construction, alteration, or use would be in violation of any provision of this chapter or would occur on a parcel on which a violation of any provision of this chapter exists. Notwithstanding the foregoing, even if there is an existing violation of this chapter on the parcel, this subsection shall not prohibit the issuance of a permit to repair or replace an element of a structure or part or all of a system when the Director of Code Enforcement determines that such repair or replacement is necessary to maintain the structure's integrity or to protect the occupant's or public's health, safety or wellbeing.

Membership.

The Town Board shall designate the Chairperson of the Zoning Board of Appeals. The Zoning Board of Appeals shall choose its own Vice Chairperson who shall preside in the absence of the Chairperson. In the absence of both the Chairperson and Vice Chairperson, the Zoning Board of Appeals shall choose one of its number as Acting Chairperson. Such Chairperson, or the party acting as Chairperson in the Chairperson's absence, may administer oaths and compel the attendance of witnesses. The Zoning Board of Appeals may appoint a secretary who shall take minutes of all its meetings and keep its records.

The Zoning Board of Appeals shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter and all its resolutions and orders shall be in accordance therewith.

Any person aggrieved by any decision of any officer of the Town charged with the enforcement of this chapter may take an appeal to the Zoning Board of Appeals.

The Zoning Board of Appeals shall, in accordance with the provisions of this chapter and in accordance with the provisions of Town Law § 267 et seq. hear and determine appeals from any refusals of a building permit or certificate of occupancy or certificate of compliance by the person designated by the Town Board, or review any order or decision of said person where such order or decision is based upon the requirements of this chapter.

The Zoning Board of Appeals, on appeal from the decision or determination of the Code Enforcement Officer, shall have the power to grant use and area variances (as the same are defined in Town Law§ 267). In doing so, in addition to any other requirements set forth in this chapter, the Zoning Board of Appeals, in determining whether to grant a use or an area variance shall consider all of the matters set forth in Town Law § 267-b including specifically the considerations set forth in § 267-b, 2 and 3, or any successor statute.

At the option of the Zoning Board of Appeals, it may refer a matter to the Planning Board for a recommendation before taking action. Such referral shall not extend the time within which the Zoning Board of Appeals, by law, must act. Failure of the Planning Board to timely respond to such a referral shall not preclude action by the Zoning Board of Appeals nor otherwise affect the validity of any actions taken by the Zoning Board of Appeals.

In granting variances or special approvals the Board may impose upon the applicant such reasonable conditions as are directly related to and incidental to the proposed use of the property or the period of time such variance or special approval shall be in effect. Such conditions shall be consistent with the spirit and intent of the Zoning Ordinance or Local Law, and shall be imposed for the purpose of minimizing any adverse impact such variance or approval may have on the neighborhood or community.

Unless any required work has materially commenced (as defined in § 270-194C) in accordance with the variance granted by the Zoning Board of Appeals within one year from the issuance of the building permit authorizing such work, or within 36 months of the granting of such variance, whichever is earlier, not only the building permit but the variance shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the issuance of such variance. Expiration of special approvals granted by the Zoning Board of Appeals are governed by § 270-202.

Membership.

The Town Board shall designate the Chairperson of the Planning Board. The Planning Board shall choose its own Vice Chairperson who shall preside in the absence of the Chairperson. In the absence of both the Chairperson and Vice Chairperson, the Planning Board shall choose one of its number as Acting Chairperson. Such Chairperson, or the party acting as Chairperson in the Chairperson's absence, may administer oaths and compel the attendance of witnesses. The Planning Board may appoint a Secretary who shall take minutes of all its meetings and keep its records.

The Planning Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter and all its resolutions and orders shall be in accordance therewith.

The Planning Board shall, in accordance with the provisions of this chapter and in accordance with the provisions of Town Law § 271 et seq. hear and determine site plan approval requests, special permit requests, subdivision applications, and such other matters as may be referred to such Board under this chapter or otherwise.

The Planning Board, in making any determination shall have the powers granted to Planning Boards by, and shall apply the procedures and criteria set forth in, this chapter, the laws of the State of New York, and any other law, ordinance, or resolution duly adopted at any time by the Town Board or Planning Board.

In granting site plan approvals, special permits, subdivision approvals, or in taking any other actions in response to any application, the Board may impose upon the applicant such reasonable conditions as are directly related to and incidental to the proposed use of the property or the period of time such special permit or other approval shall be in effect. Such conditions shall be consistent with the spirit and intent of the Zoning Ordinance or Local Law, and shall be imposed for the purpose of minimizing any adverse impact such permit or approval may have on the neighborhood or community.

In making recommendations to the Town Board and the Zoning Board of Appeals, the Planning Board shall determine that:

The sign shall be so posted in the following circumstances:

The posting shall occur at least 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.

The sign shall be posted in a location clearly visible from the roadway at or near the center of each of the property lines of the property under consideration which property line fronts on an existing public or private roadway. If the road frontage exceeds 1,000 feet, signs shall be posted at five-hundred-foot intervals along the frontage. When the Town Planner or Town Building Inspector and Zoning Enforcement Officer finds that the particular circumstances of an application warrants more signs than required by this provision, the applicant shall post such additional signs as may be directed by either of such officers.

Such signs shall be continuously maintained by the applicant and displayed facing the roadway until final action has been taken by the Board involved approving or denying the application or appeal, or until the application is withdrawn. Signs shall be removed within 15 days of the final action or withdrawal of the application.

The required signs shall be obtained from the Director of Planning, Director of Code Enforcement, their respective designees, or the Town Clerk and shall contain the information set forth on the form of sign supplied by the Town. Fees for such signs may be set from time to time by Town Board resolution.

Failure to post or maintain the signs as provided in this section shall not be a jurisdictional defect and any action taken by any Board in connection with the application shall not be nullified or voidable by reason of the failure to comply with this section. However, the failure to post or maintain the sign may be grounds, should the Board involved in its discretion so determine, to deny the application sought or to decline to hear the matter at the scheduled meeting date by reason of the failure to have the appropriate signs installed and/or maintained. The appropriate Board may, on good cause shown, waive the requirement of the posting of signs as called for by this section.

Order to remedy.

Fines and imprisonment. Pursuant to § 268 of the New York Town Law, any individual, association, organization, partnership, firm, corporation or other entity recognized by law that violates any provision of this chapter, any term or condition of any permit or approval issued pursuant to this chapter, or any term or condition of any order to remedy or other order or notice issued by the Code Enforcement Officer pursuant to any provision of this chapter, shall be deemed guilty of an offense, and upon conviction thereof shall be subject to a fine or imprisonment (or both) as provided in § 268. Each week's continued violation shall constitute a separate offense.

Civil penalties.

Injunctions and court orders. An action or proceeding in the name of the Town of Ithaca may be commenced in any court of competent jurisdiction to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this chapter, any term or condition of any permit or approval issued pursuant to this chapter, or any term or condition of any order to remedy or other order or notice issued by the Code Enforcement Officer pursuant to any provision of this chapter. Such remedy shall be in addition to fines, penalties, imprisonment, and other remedies otherwise prescribed by law (including by this chapter or by New York Town Law).

Remedies not exclusive. No remedy, fine or penalty specified in this section shall be the exclusive remedy, fine or penalty available to address any violation described in this chapter, and each remedy, fine or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies, fines or penalties specified in this section, or in any other section of this chapter or other applicable law. Any remedy, fine or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy, fine or penalty specified in this section, in any other section of this chapter, or in any other applicable law.

Conviction or judicial determination of a violation of this section shall constitute and effect an immediate forfeiture of any permit hereunder held by the individual, association, organization, partnership, firm, corporation or other entity recognized by law that is so convicted.

This revised, restated and amended chapter shall apply to all applications for building permits, site plan approvals, subdivision approvals, special approvals, special permits, or any other approval or authorization hereunder, submitted on or after the effective date.

If a completed application is submitted prior to the effective date and if such application is diligently prosecuted to conclusion, the application shall be governed by the provisions of the Zoning Ordinance in effect immediately prior to the effective date, unless the applicant elects by written notice accompanying the application or delivered within a reasonable time after submission of the application to be governed by the provisions of this revised, restated and amended ordinance as in effect on and after the effective date. For the purposes of this section only, an application shall be deemed "completed" if it contains all required information, materials, and fees normally and reasonably required by the appropriate Town official(s) (e.g., Director of Planning with respect to subdivision, special permit, rezoning, planned development area, and site plan approval applications, the Director of Building and Zoning with respect to building permit, variance, and special approval applications, and the Director of Engineering with respect to fill permit applications) including initial SEQR forms, to commence the review process by the appropriate Town official or board. An application shall be deemed "diligently prosecuted to conclusion" if the applicant promptly responds to any inquiries and promptly supplies any additional information reasonably required by the reviewing Town officials and/or boards, appears at all required scheduled public hearings, and otherwise cooperates so as to permit and enable the appropriate Town officials and/or boards to adequately and completely review the application and render a decision on same within a reasonable period of time of its submission, and in any event within nine months of its submission.

The Town Board may, with respect to a specific application, if an applicant demonstrates 1) severe, adverse economic impact will result to the applicant if this revised, restated chapter is applied to the applicant's application because of a substantial expenditure of funds by the applicant prior to the adoption of this revised, restated chapter and in reliance upon the provisions of the ordinance in effect prior to the effective date; or 2) delay in rendering a decision by the applicable official or board is due to the failure of such official or board to act within a reasonable period of time and not due to any failure or default by the applicant; extend by no more than four additional months the privilege of having the application be governed by the provisions of the zoning ordinance in effect prior to the effective date, or extend by no more than four additional months the nine-month period within which diligent prosecution of the application must be completed to obtain the benefit of utilizing the pre-effective-date ordinance provisions. An application for extension under this subsection must be made prior to, or within 30 days after, the end of any applicable period by written request to the Town Clerk or Town Supervisor setting forth the requested relief and the grounds for same.