HomeMy WebLinkAboutLL 10 of 1993 Waivers of Parking Reqs LOCAL LAW NO. 10 FOR THE YEAR 1993
A LOCAL LAW TO AMEND THE ZONING ORDINANCE PROVISIONS RELATING
TO WAIVERS OF PARKING REQUIREMENTS IN BUSINESS AND INDUSTRIAL
DISTRICTS
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. The Zoning Ordinance of the Town of Ithaca, as readopted, amended, and
revised effective February 26, 1968 and thereafter further amended, be further amended as
follows:
1. Section 38, Subparagraph 1, is amended by adding the following at the end thereof:
"Notwithstanding the foregoing, if an existing or proposed project meets the
following criteria, the Planning Board may authorize the required minimum
number of parking spaces to be reduced by no more than 20%. The criteria are
as follows:
(a) The project involves construction of a building, or one or more
buildings as part of the same project, with a total floor area of
more than 20,000 square feet.
(b) The occupancy of the building or buildings is intended to be
multiple use (e.g., an office building together with a restaurant or
retail store, etc.).
(c) The reduction in the number of parking spaces will not adversely
affect traffic flow on the project site, will leave adequate parking
for all of the reasonably anticipated uses or occupancies in the
project, and will not otherwise adversely affect the general welfare
of the community.
If the Planning Board permits a reduction in the required number of parking
spaces, the Planning Board may impose such reasonable conditions as may, in the
judgment of the Planning Board, be necessary to assure that such reduction will
meet the criteria set forth above. In any event, unless expressly waived by the
Planning Board, such reduction shall be subject to the following additional
conditions:
(d) Any space that is made available by the reduction in the required
number of parking spaces may not be used for constniction of any
structures.
(e) Any land made available by virtue of such reduction be landscaped
with grass or other vegetation approved by the Planning Board.
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(f) If, any time within five years after construction of the project is
completed (completion of construction to be the date a permanent
certificate of occupancy has been issued by the Town for the entire
project), the parking is found to be inadequate because
(i) the demand for parking spaces on the project site exceeds
on more than two occasions annually the number of parking
spaces available; or
(ii) the traffic flow through the parking area creates an
undesirable or hazardous condition by reason of the
reduction of parking spaces; or
(iii) there is repeatedly undue congestion in the parking areas by
reason of the reduction of parking spaces;
then the developer or subsequent owner of the project will install
additional parking spaces up to the minimum number that would
have been otherwise required by the terms of this ordinance
without granting any reduction. Unless waived by the Planning
Board, the granting of the requested reduction in parking shall be
conditioned on the developer or applicant executing an agreement
in form acceptable to the Planning Board and acceptable for
recording in the Tompkins County Clerk's Office agreeing to
install the additional parking spaces as may be required by the
above conditions.
In the event there is (whether before or after the five year period set forth
above) any significant change in use, or a subdivision of the project site,
or a sale of a portion of the site, with respect to which a reduction in the
required number of parking spaces has been granted, such change,
subdivision, or sale may be conditioned upon a requirement that additional
parking spaces be required up to the minimum that would have otherwise
been required but for the reduction granted pursuant to these provisions."
2. Section 45, Subparagraph 1 is amended by adding at the end thereof the following:
"Notwithstanding the foregoing, if a proposed project meets the criteria set forth
for reduction of required parking spaces as set forth above with reference to
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business districts (see Section 38, Subparagraph 1), the Planning Board may
authorize the minimum number of parking spaces to be reduced by no more than
20%. If the Planning Board permits such a reduction, the Planning Board may
impose such reasonable conditions, including the conditions set forth with respect
to reductions of parking spaces in business districts, as may, in the judgment of
the Planning Board, be necessary to assure that such reduction will not cause
congestion, create undesirable traffic flows or hazards, or otherwise be adverse
to the general welfare of the community. In any event, unless expressly waived
by the Planning Board, such reduction shall be subject to the same mandatory
conditions as are set forth with respect to business district parking area
reductions."
3. Section 50, Subparagraph 1, is amended by adding at the end thereof the
following:
"Notwithstanding the foregoing, if a proposed project meets the criteria set forth
for reduction of required parking spaces as set forth above with reference to
business districts (see Section 38, Subparagraph 1), the Planning Board may
authorize the minimum number of parking spaces to be reduced by no more than
20%. If the Planning Board permits such a reduction, the Planning Board may
impose such reasonable conditions, including the conditions set forth with respect
to reductions of parking spaces in business districts, as may, in the judgment of
the Planning Board, be necessary to assure that such reduction will not cause
congestion, create undesirable traffic flows or hazards, or otherwise be adverse
to the general welfare of the community. In any event, unless expressly waived
by the Planning Board, such reduction shall be subject to the same mandatory
conditions as are set forth with respect to business district parking area
reductions."
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 clays after its adoption or the date it is filed in
the Office of the Secretary of the State of New York, whichever is later.
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