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HomeMy WebLinkAboutLL 03 of 1993 Materials Subject to Maintenance Local Law Filing 162 NEW YORK STATE DEPARtMEUT OF STATE WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file a 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. f XaNXX of 1111...........1.111......I TH AC A . ................. Town ......... ....................... VW*K #3 Local Law No. ............... .............. of the year 19 93 TO AMEND LOCAL LAW #4-1979 OF THE TOWN OF ITHACA TO CLARIFY MATERIALS THAT Alocal law .................................................................................. ...... 1111.. (Insert Title) ARE SUBJECT TO THE MAINTENANCE OBLIGATIONS OF SUCH LOCAL LAW. Be it enacted by the ........... ....T.OW.N.-BOARD............... . of the . . .......... ............ ............ (Name of Legislative Body) comoty, aw ITHACA o .............................................................................. ...... ......................................... .........as follows: Town TOWN OF ITHACA LOCAL LAW NO. #3 FOR THE YEAR 1993 A .LOICAL LAW TO AMEND LOCAL LAW NO. 4 - 1.979 OF THE TOWN OF ITHACA TO CLARIFY MATERIALS THAT ARE SUBJECT TO THE MAINTENANCE OBLIGATIONS OF SUCH LO:CAL LAW. Be it enacted by the Town Board of the Town of Ithaca as follows; Section 1 . Local Law No . 4 of the year 1979 is hereby amended as follows: 1 . Section 2 , paragraph ( a) subdivision iv is hereby amended to read as follows: "Any boat, snowmobile , all-terrain vehicle, car, other such device , which is in a state of disrepair or is otherwise dilapidated, broken, or abandoned. " 2 . Said section and paragraph ar.e further amended by adding a new subparagraph to be: paragraph vi reading as follows : (If additional space is needed, attach pages the same size.as this sheet, and number each.) nn­170 rp-v7199) LL#3-1993 2 TOWN OF ITHACA "vi. Any automobile, truck, or other vehicle originally intended for use on the public highways which is unregistered, old, or second-hand and no longer intended or in condition for legal use on the public highways, including such vehicles which are in a state of disrepair or otherwise dilapidated, broken, or abandoned. For the purpose of this subsection a vehicle shall be presumed to be no longer intended or in condition for legal use on the public highways if it does not bear (a) a current registration from the State or New York or other recognized registering jurisdiction; or (b) an inspection certificate issued within the last twelve months in accordance with the laws of the State of New York or thelaws of any other recognized inspecting jurisdiction. " 3. Said local law is further amended by renumbering Section pan% 5, entitled "Effective Date" to be Section 6 and inserting a new Section 5 reading as follows: "Section 5. VARIANCE PROCEDURE. The Board of Appeals established pursuant to the Town of Ithaca` s Zoning Ordinance may grant variances from the application of this local law upon the following conditions: (a) Any variance shall be prospective in its application and shall not relieve any person from the penalties for violating this local law by conditions that existed prior to the granting of the variance. (b) An application for a variance shall be submitted to the Town Building Inspector or Zoning Officer in a form substantially indicating the name and owner of the real property, the nature of the condition for which a variance is sought, and the reasons for which a variance is sought. (c) The applicant shall pay a fee as set forth in the Zoning Ordinance for appeals to the Board of Zoning Appeals for variances. (d) The Board of Zoning Appeals shall hold a public hearing on the application and shall publish notice of said public hearing at least five days prior to its date. At the option of the Board of Zoning Appeals notice of said application shall also be given to all landowners owning property adjoining the property for which a variance is sought. At the option of the Board of Zoning Appeals a notice that a variance is sought shall also be LL#3-1993 3 TOWN OF ITHACA posted on the property in accordance with the posting provisions of the Zoning Ordinance. (e) The Board of Appeals may grant a variance if it determines that the benefit to the applicant if the variance is granted outweighs the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board may consider, among other matters, (i) 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 variance; (ii) whether the benefits sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; ( iii) whether the requested variance is substantial; (iv) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; (v) whether the alleged difficulty was self- created, which consideration shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the variance. i ( f) The Board of Appeals, if it chooses to grant the variance, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. (g) The Board of Appeals shall, in the granting of such variance, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property and/or the period of time such variance shall be in effect. Such conditions may include a time limit on the variance including a time variance related to the occupancy of the *� premises by the applicant. Such conditions shall be consiste4t with the spirit and intent of this local law, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community. LL#3-1993 4 TOWN OF ITHACA (h) The variances and the procedure for obtaining same shall, except where explicitly otherwise required by this local law, be in accordance with the provisions of the Town Law, particularly Section 267, et seq. , and the Town of Ithaca's Zoning Ordinance provisions relating to the consideration of area variances. " Section 2 . In the event that any portion of this local law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This law shall take effect 20 days after its adoption or upon the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later.