HomeMy WebLinkAboutLL 02 of 1992 Minimum Open Space Reqs in Business Dists NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
,.. R, 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. FINAL
ITHACA
Townof ........................................................................................................................
Local Law No. ...............2..................................... of the year 19 ..92
A Iocai law ....AMENG THE TOWN OF ITHACA ZONING ORDINANCE TO PROVIDE FOR MININLIM OPEN
....................................................................................................................................................
(Insert Title) SPACE REQUIREMENTS IN BUSINESS DISTRICTS
Be it enacted by the .........TOWN BOARD ..of the
.............................................................................................................
..........
(Name of Legislative$ady}
C�+�iS'iKf3rX
QX of ZTHACA .as follows:
_ Town ...........................:................ ..........................................................................................
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TOWN OF ITHACA
LOCAL LAW NO. 2 OF THE YEAR 1992
n— A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE TO
PROVIDE FOR MINIMUM OPEN SPACE REQUIREMENTS IN BUSINESS 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 subsequently amended, be further
amended as follows:
1. Article 7, Section 37, is amended to read as follows:
"SECTION 37. Area, Yard, and Height Requirements shall be the
following:
1. Area: A minimum tract of two acres is required for the
development of a "business district".
2. Yards: Front Yards Not less than 50 feet
Side Yards None required with
r e s p e c t t o
buildings all on the
same lot but not
Tess than 36 feet
from any structure
to a side property
' line
Rear Yards Not less than 30
feet
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-234 (Rev. 7140)
minopen.11, wp5lith, 01116192 10:05am
The foregoing yard requirements may include any required
buffer areas and shall not be in addition to any required buffer
areas.
3. Building Coverage: No building or buildings on a lot,
including accessory buildings, shall be erected, altered or
extended to cover more than 30% of the lot area.
4. Minimum Useable Open Space: Minimum useable open space
shall be not less than 30% of the lot area. For this purpose
'useable open space' shall mean that portion of the lot area not
covered by any structure (as defined in Article I) or driveway,
and generally intended to be occupied by suitable vegetation or
landscaping.
5. Height: All structures shall conform in height with other
structures in the vicinity, provided, however, that no building
shall exceed thirty-four feet in height from lowest interior grade
nor thirty feet in height from lowest exterior grade and further
provided that no structure other than a building shall exceed
thirty feet in height."
2. Article 7, Section 38, subdivision 1, is amended by adding a new sentence
at the end of the last paragraph reading as follows:
"If the Planning Board finds that the particular use, nature, and location of
the Proposed project, utilizing the criteria set forth elsewhere in this
Ordinance, requires that parking be to the rear of the principal building on
the site, parking shall be so located."
Section 2. The invalidity of any section or provision of this local law shall not
invalidate any other section or provision thereof.
Section 3. This law shall take effect upon its publication as required by law,
except that the amendments made by this local law shall not apply to any construction
pursuant to a site plan approved prior to the adoption of this local law provided that
such construction is
(a) in compliance with the ordinance as in effect prior to the effective date of
this local law, and
(b) is substantially commenced within 18 months of the adoption of this local
law and diligently prosecuted to conclusion.
(Complete the certification in the paragraph that applies to the filing of this Iocal law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 2 of 19 92
of the ITHACA was duly passed by the
TOWN BOARD on JANUARY 13 19 92, in accordance with the applicable provisions of law.
(Name of Legislative Body
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the and was deemed duly adopted on 19`,
Elective Chief Executive Officer'
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
hereby certify that the local law annexed hereto, designated as local law,No. of 19
if the (County)(City)(Town)(Village) of was duly passed by the
on 191. and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19 Such local law was
Elective Chief Executive Officer'
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19—, in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
Name of Legislative Body on 19_, and was (approved)(not disapproved)(repassed after
disapproval) by the on 19 Such local law was subject to
Elective Chief Executive Officer'
permissive referendum and no valid petition requesting such referendum was filed as of 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 the power to approve or veto local
laws or ordinances.
(2)
4
5. (City Iocal taw concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
sof the City of having been submitted to referendum pursuant to
the provisions of section (36)(37)-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)(general) election held on
19_, became operative.
6. (County 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 appropritate certification.)
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.
Deputy _ZkiocaftH 1Kp& tK Town =ge Clerk
(Seal) Date: JANUARY 22, 1992
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF TOMPKINS
1, 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 ocal law annexed hereto.
Signatur
JOH C. BARNEY, TOWN ATTORNEY
Title
GX#X
Town of ITHACA
SiC1IYs�?�X 1
Date: 3 4"/ /o'; •
(3)
CERTIFICATE OF NECESSITY
The undersigned, Town Supervisor of the Town of Ithaca., hereby certifies as to the
necessity for the immediate passage of the local law entitled "A LOCAL LAW AMENDING
THE TOWN OF ITHACA ZONING ORDINANCE TO PROVIDE FOR MINIMUM OPEN
SPACE REQUIREMENTS IN BUSINESS DISTRICTS."
Shirley Raffensperger,
Supervisor
Dated: January 13, 1992
AGENDA ITEM #9—B
Town Assigned Project ID Number Rev. 10/90
Town of Ithaca Environmental Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County ONLY
-PART 1 - Project Information (To be completed by Applicant or Project Sponsor)
1. Applicant/Sponsor: 2. project N e:
Town of Ithaca Town Board Local taw No. of 199
3. Precise Location(Street Address and Road Intersections,prominent landmarks,etc.or provide map):
Town of Ithaca, Tompkins County, New York
Tax Parcel Number: NIA
4. Is Proposed,Action: NEW 1:1 EXPANSION I AI MODIFICATION/ALTERATION
5. Describe Project Briefly (Include project purpose,present land use,current and future construction plans,and other
relevant items):
Local Law Amending the Town of Ithaca Zoning Ordinance to
Provide for Mininn n Open Space RequirEments in Business Districts.
(Attach separate sheet(s)if necessary to adequately describe the proposed project.)
6.. Amount of Land Affebted: Initially (0-5 yrs)1-20 +I—Acres ' (6-10 yrs} 0 Acres 010yrs} 0 Acres�
How is the Land Zoned Presently?
NIA
8. Will proposed action comply with existing zoning or other existing land use restrictions?
YES F_� NO F� if no, describe conflict briefly: N/A
9. Will proposed action lead to a request for new: —
Public Road? YES 11 NOE] Public Water? YES[] NO Public Sewer? YES NO
10. What is the present land use in the vicinity of the proposed project? Residential F-I Commercial
❑Industrial M Agriculture F_�Park/Forest/Open Space Other
Please describe: N/A
11. Does proposed action involve a permit,approval,or funding,now or ultimately from any other governmental agency
(Federal,State,Local)? YES M NO FUrl If yes,list agency name and permit/approval/funding:
12. Does anti aspect of the proposed action have a currentlu valid permit or approval? YES❑ N0 X
If yes, list agency name and permit/approval. Also,state whether that permit/approval will—require modification.
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
n
r licant/Sponsor Name (Print or Type): Town Board, Town of Ithaca
Signature: lc.cx�uf~ --�u -r -%Supervisor Date:
PART 1I - ENYI ROMMENTAL ASSESSMENT (To be completed by the Town of Ithaca; Use attachments as necessary)
A. Does proposed action exceed any Type I Threshold in 6 NYCRR, Part 617.12 or Town Environmental Local Law?
YES❑ NO E] If yes, coordinate the review process and use the Full EAF.
B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR,Part 617.6?
YES NO g (if no,a negative declaration may be superseded by another involved agency,if any.)
Could proposed action result in any adverse effects associated with the following:(Answers may be handwritten,if legible)
C1. Existing air quality,surface or groundwater quality,noise levels,existing traffic patterns,solid waste production
and disposal,potential for erosion,drainage or flooding problems? Explain briefly:
. None anticipated.
C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources? Community or
neighborhood character? Explain briefly:
None anticipated.
C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,unique natural areas,wetlands,
or threatened or endangered species? Explain briefly:
None anticipated.
C4. The Town's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other
natural resources? Explain briefly:
None anticipated.
C5. Growth,subsequent development,or related activities likely to be induced by the proposed action? Explain briefly:
None anticipated.
C6. Longterm,short term,cumulative,or other effects not identified in Cl-C5? Explain briefly:
I
None anticipated.
C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly:
None anticipated.
D. Is there, or is there likely to be, controversy related to potential adverse environmental impacts?
YES❑ NOFX-j If yes,explain briefly:
E. Comments of staff Eb CAC [:], Other [:] attached. (Check applicable boxe$)N/A
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca)
Instructions: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise
significant. Each effect should be assessed in connection with its(a)setting(ie.urban or rural);(b)probability of
occurring;(c)duration;(d)irreversibility;(e)geographic scope; and W magnitude. If necessary,add attachments or
reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse
impacts have been identified and adequately addressed.
E� Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur.
Then proceed directly to the full EAF and/or prepare a positive declaration.
FROCheck this box if you have determined,based on the information and analysis above and any supporting documentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attach-
ments as necessary,the reasons supporting this determination.
Town Board, Town of Ithaca Z
Name of Lead Agency iFature If different fr&tN'Responsible Office
Shirley Raffensperger, Supervisor
Nam & Title of Respo ible Officer in Lead Agency
• Signature of Contributing
Date:
Sig nature Responsi le Officer in Lea Agency