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HomeMy WebLinkAbout1997 #1(Please Use this Forth for Filing your 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. nlmf�x gx of Groton Town VMbW Local Law No... .1 ..................... of the year 19 .97....... . A local law , to amend various sections of the Town of Groton Land Use andDevelopment_ Code as (Insert title) enacted' 6y' Local 1aw' No'.. *1' *of the year 1995. Town Board of the Beit enacted by}the ....................................................................... (Name of Legislative Body) CWXXAy. )C of Groton ................... as follows: Town Vwlf SECTION 1: 1. Amend Section 120 of the Code to include the following terms and definitions: Site Plan: A rendering, drawing, or sketch prepared to specifications and containing necessary elements, as set forth in the applicable zoning ordinance or local law, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan. Special Permit: A device which enables a use of land which is in concept appropriate in light of the municipal planning objectives, but which might otherwise not be in harmony with the rest of a neighborhood or district, to achieve such harmony by complying with certain conditions. 2. Amend Section 202.1(b) of the Code to read: b. Any boundary change, with the exception of boundary changes between two (2) adjoining nonconforming lots. 3. Amend Section 203 of the Code to read: This Code recognizes numerous types of subdivisions. These subdivisions are subject to the review and approval procedures described in this Article. 4. Amend Section 223 of the Code to read: In granting conditional approval or conditional approval with modifications, the Planning Board authorizes the Chair of the Planning Board to sign the final plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. 5. Amend Section 234.4 of the Code to read: In granting conditional approval or conditional approval with modifications, the Planning Board authorizes the Chair of the Planning Board to sign the final plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. 6. Delete Section 253.4 of the Code. (if additional space is needed, please attach sheets of the same size as this and number each) (1) 7. Amend Section 276.3 of the Code to read: Flagpoles. Flagpoles shall have a minimum width of 20 feet/6.2 meters. Flagpoles shall be free of buildings, structures, and accessory buildings and structures. 8. Amend Section 316.6 of the Code to read: Area of Sign Face. The permitted total area of the face of signs is as follows: If a sign is irregular in shape or consists of independent, detached letters or symbols, the area of the sign face is determined by measuring the area within a polygon completely enclosing the sign or symbol as they are intended to be installed. In determining the permissible area of any sign, only one side of the two-sided sign need be measured. 9. Amend Section 316.7 of the Code to read: Size and Number of Signs. The maximum size and the maximum number of signs on any property shall be regulated according to the following guidelines: Zone Number Sizes RA 2 50 square feet/ 5 square meters L 1 6 square feet/ 0.5 square meters Mi No restriction Total area of all signs not to exceed 100 square feet M2 No restriction Total area of all signs not to exceed 100 square feet I No restriction Total area of all signs not to exceed 100 square feet 10. Amend Section 342.2(a) of the Code to read: a. Lot without public sewer and public water 1. Lot Area: 1 acre (43,560 square feet)/0.4 hectacres minimum 2. Frontage: 150 feet/46 meters minimum 11. Amend Section 343.2(a) of the Code to read: a. Lot without public sewer and public water 1. Lot Area: 1 acre (43,560 square feet)/0.4 hectacres minimum 2. Frontage: 150 feet/46 meters minimum 12. Amend Section 344.2(a) of the Code to read: a. Lot without public sewer and public water 1. Lot Area: 1 acre (43,560 square feet)/0.4 hectacres minimum 2. Frontage: 150 feet/46 meters minimum 13. Amend Section 345.2(a) of the Code to read: a. Lot without public sewer and public water 1. Lot Area: 5 acres (217,800 square feet)/2 hectacres minimum 2. Frontage: 300 feet/92 meters minimum 14. Amend Section 346.2(a) of the Code to read: a. Lot without public sewer and public water 1. Lot Area: per Health Department requirements 2. Frontage: 150 feet/46 meters minimum 15. Delete Section 441.3(o) of the Code in its entirety. (2) 16. Amend Section 441.4(d) of the Code to read: d. Location, arrangement, size, design, and general site compatibility of buildings and lighting. 17. Amend "Public or private commercial outdoor recreational activities" of Section 341 of the Code to read: Public or private outdoor recreational activities 18. Amend Section 422 of the Code to read: The Board of Zoning Appeals is empowered to hear and decide appeals of and review any order, requirement, decision or determination made by the Code Enforcement Officer with regard to this code. In passing upon appeals of actions by the Code Enforcement Officer, the Board of Zoning Appeals has the power to vary or modify the application of the zoning regulations, so that the intent of the code is observed, the public heath, safety, and welfare secured, and substantial justice done. An appeal may be for a variance in the regulations as they apply to a specific site, which, if granted, runs with the site irrespective of future changes in ownership. An appeal may also be an interpretation of the language of the code when the appellant disputes a decision made by the Code Enforcement Officer. The determination of the Board of Zoning appeals establishes the interpretation of the disputed language wherever it may apply. The Board of Zoning Appeals may impose a reasonable condition that will protect the health, safety and welfare of the neighborhood or community in granting such variance, within the scope and purpose of the Code. 19. Amend Section 428 of the Code to read: In making its determination, the Board of Zoning Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. The Board shall also consider (in accordance with Section 267 of Town Law): a. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance, b. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance, C. Whether the requested area variance is substantial, d. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, and e. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Zoning Appeals, but shall not necessarily preclude the granting of the area variance. (3) 20. 21. 22 The Board of Zoning Appeals may impose any reasonable condition that will protect the health, safety and welfare of the neighborhood or community in granting such a variance, within the scope and purposes of the Code. Amend Section 429 of the Code to :read: Section 429. Requirements for Granting Use Variances No use variance shall be granted by the Board of Zoning appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such necessary hardship, the applicant shall demonstrate that (in accordance with Section 267 of the Law Law): a. Under applicable zoning regulations, the applicant is deprived of all economic use or benefit from the proeprty in question, which deprivation must be established by competent financial evidence, b. The alleged hardship is unique, and does not apply to a substantial portion of the district or neighborhood, C. The requested use variance, if granted, will not alter the essential character of the neighborhood, and d. The alleged hardship has not been self-created. The Board of Zoning Appeals may impose any reasonable condition that will protect the health, safety and welfare of the neighborhood or community in granting such a variance, within the scope and purposes of the Code. Delete Section 430 of the Code in its entirety. Amend Section 335 of the Code in the following manner: Old Road Naive A. Old Peruville Road East and West B. McLean-Peruville Road C. South Lansing-Peruville Road D. 1460 and 1462 Cortland Road (4) New Road Name Old Peruville Road Peruville Road Peruville Road 1460 and 1462 Old Groton Road Section 2. If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confirmed in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Town of Groton hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent. Section 3. This Local Law shall take effect immediately upon filing in the office of the Secretary of State in accordance with section twenty-seven of the Municipal Home Rule Law. (5) (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) 1. 1. (Final adoption by local legislative body only.) 1 hereby certify that the local law annexed hereto, designated as local law No. . 1...... of 1997...... of the Town of ...GrotoR ...... was duly passed by the .... _ .To...... I wn Board .. . .................... . 1 o (Name of Legislative Body) Oil .... J.1........ 1 .. ...� in accordance with the applicable provisions of law. 9 97 pl f 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassage after disapproval.) I hereby certify that the local law annexed hereto, designated as local law No. ......... of 19........ County of the City of ................ was duly passed by the ............... Town (Na ......................... . me of Legislati�-e r3ody) Village not disapproved on ............................. 19 ........ and was approved by the ............................ repassed after disapproval Elective Chief Executive Officer* and was deemed duly adopted on .................................. 19 ......... in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No. ........ of 19 ........ County City of the Town of ................ was duly passed by the ........................................ . (Name of Legislative Body) Village not disapproved oil ............................. 19 ........ and was approved by the ...................... s .... . repassed after disapproval Elective Chicf Executi�-e Officer' on .................................. 19 .......... Such local law was submitted to the people by reason of a mandatory permissive referendum, and received the affirmative vote of a majority of the qualified electors voting general thereon at the special election held on .............................19 ......... in accordance with the applicable annual provisions of law. 4. (Subject to permissive referendum, and final adoption because no valid petition filed requesting referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No. ........ of 19 ........ County City of the City of ................ was duly passed by the .................. ..................... . (Name of Legislative Body) Village not disapproved oil ............................. 19 ........ and was approved by the ........................... . repassed after disapproval Elective Chief Executive Officer* Oil .................................. 19 .......... Such local law being subject to a permissive referendum an(] no valid petition requesting such referendum having been filed, said local law was decided duly adopted on .............................19 ......... 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 chairman of the county, legislative body, the mayor of a city or village or the supervisor of a town where such officer is vested with power to approve or veto local laws or ordinances. (6) 5. (Cite local law concerning Charter rei,ision proposed by petition.) i hereby certify that the local law annexed hereto, designated as local law No. ........ of 19 ........ of the City of ................................. having been submitted to referendum pursuant to the provisions of37 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 special election geld ori ••••••••••••gneral ............ 19......... became operative. 6. (Count), local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. ........ of 19......... of the County of .......... . .......... , State of New York, having been submitted to the Electors at the General Election of November ............ . 19......, 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 of 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 certifica- tion.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ....1........ above. � t Clerk of the County legislative body, City, Town or Village Clerk or officer designated by local legislative body Date: �1/ a.."t / /i / 9 9 7 (Seal) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney 01- other rother authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF ..... ....... ... ...... 11 the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. .. .. . . .. . ... ... ..................... �idnC1�S CdSU1-1-6 Signature .. TowD. Attorney ................. 0 ................. Title Date: � i � 9 � � '��� Groton Townof .................................. gtXDx