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HomeMy WebLinkAboutLL 06 of 1992 Modify Permissible Uses in Industrial Zone 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.) Text of law should be given as amended. Do not include matter being eliminated and do not ma"01 use italics or underlining to indicate new matter. x� X ' ITHACA of ....................................................................................................................... Town Local Law No. ...................6 ................................. of the year 19 .92 A Iocallaw AMENDING THE TOWN OF ITHACA ZONING ORDINANCE MODIFYING THE PERMISSIBLE USES IN ........................................................................................................................................................................... (Insert Title) AN INDUSTRIAL ZONE TOWN BOARD Beit enacted by the .......................................................................;...................................................................of the (Name of Legislative Body) ejux of IT HACA ...................................................... Town ............................................................................................as follows: YMM TOWN OF ITHACA LOCAL LAW NO. 6 OF THE YEAR 1992 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE MODIFYING THE PERMISSIBLE USES IN AN INDUSTRIAL ZONE 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 re-adopted, amended, and revised, effective February 26, 1968, and subsequently amended, be further amended as follows: 1. Article X, Section 47, the opening paragraph, is amended to read as follows: "SECTION 47. Use Regulations. In Industrial Districts buildings and land may be used for any lawful purpose except as set forth below and except that all uses of land and buildings, and industrial processing that may be noxious or injurious by reason of the emission of dust, smoke, refuse matter, water carried waste, odor, gas, fumes, noise, vibration, or similar substances or conditions may be permitted only upon. speciM approval of the Board of Appeals. Such industries as the following shall require such approval:..." 2. Article X, Section 47, is amended by adding at the end thereof the following: "The following uses are prohibited in an Industrial District: (a) Any dwelling unit. (b) Sales of any products at retail to the general public except as the same may be related to and an incidental by-product of a permitted principal use such as manufacturing. (c) Restaurants of any nature except for cafeterias or other similar facilities that are incidental to and related specifically to a permitted (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev. 7/90) principal use such as manufacturing. (d) Motel. (e) Hotel." Section 2. The amendment provided by this law shall not affect any application for site plan approval in an Industrial District pending at the date of enactment of this local law provided, however, that any subsequent alterations of the site plan shall be governed by the provisions of this section as amended except to the extent that any prior existing use is a valid non-conforming use as defined and regulated in accordance with the terms of the Zoning Ordinance. Section 3. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 4. This law shall take effect immediately. (Complete the certification in the paragraph that applies to the filing of this local 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. 6 of 1992 of the (CLvx (9IM(Town)W �of ITHACA was duly passed by the TOWN BOARD on JANUARY 13 19__2_Z 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.) 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_1, and was (approved)(not disapproved)(repassed after 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 Iaws or ordinances. (2) 5.- (City local law concerning Charter revision 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 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 Iocal 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.) 1 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 CQkX X K XW own �Olerk �tScasiaxcg3��tcat NX (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 I, 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 ca law ann ed hereto. i Signature' JOHN�. BARNEY, TOWN ATTORNEY Title Town of ITHACA To 94XX Date: (3) AGENDA ITEM #9-G 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 Countg ONLY PART i - Project Information (To be completed by Applicant or Project Sponsor) i. Applicant/Sponsor: 2. Project N e: Town of Ithaca Town Board Local lww 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: 1-1 NEW ❑ EXPANSION El MODIFICATION/ALTERATION 5. Describe Project Briefly (include project purpose,present land use,current and future construction plans,and other relarvant items): A Local Law Amending the Town of Ithaca Zoning Ordinance Modifying the Permissible Uses in an Industrial Zone. (Attach separate sheet(s)if necessary to adequately describe the proposed project.) t6. Amount of Land Affected: Initially (0-5 yrs)L40+/Acres (6-10 yrs) 0 Acres (>10 yrs) U Acres How is the Land Zoned Presently? I N/A 8. Will proposed action comply with existing zoning or other existing land use restrictions? YES NO F� If no.. describe conflict briefly: N/A 9. Will proposed action lead to a request for new: I Public Road? YES NOER Public Water? YES NO © Public Sewer? YES NO 10. What is the present land use in the vicinity of the proposed project? Residential E] Commercial F�Industrial F�Agriculture Park/Forest/Open SpaceL__!Other NIA Please describe 1 1. Does proposed action involve a permit,approval,or funding,now or ultimately from any other governmental agency (Federal, State,Local)? YES NO if yes,list agency name and permit/approval/funding: 12. Does any aspect of the proposed action have a currently valid permit or approval? YES _ NO If yes, list agency name and permi� ovalproval. Also,state whether that permit/apprwill require modification. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE iS TRUE TO THE BEST OF MY KNOWLEDGE Pr-ro icant/Sponsor Name (Print or Type): Town Board, Town of Ithaca Signature: / Supervisor Date: � I~�_ �/ PART iI - ENYiRONMENTAL 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 F� NO ® 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 Q 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. Long term,short term,cumulative,or other effects not identified in Cl-CS? Explain briefly: 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 F_� NO ® if yes, explain briefly: E. Comments of staff , CAC [:], Other [] attached. (Check applicable boxes) 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(f)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. 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. FRICheck 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 Name of Lead Agency Preparer' Signature �dif �tom Responsible Officer) Shirley Raffensperger, Supervisor LN,aZej& Title of IRIesp o-asible Officer in Lead Agency Signature of Contributing Preparer Date: Si nature of Res ons a—Offigfer in read Agency