HomeMy WebLinkAboutLL 10 of 1992 Prohibit Certain Uses in Business Zones 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
use italics or underlining to indicate new matter.
X ITHACA
Townof ........................................................................................................................
lO ......... of the year 19 ..92:
Local Law No. ...........................................
A local law .AMENDING THE TOWN OF ITHACA ZONING ORDINANCE PROHIBITING CERTAIN USES IN
...................................................................................................................................................
(Insert Title) BUSINESS ZONES WITHOUT SPECIAL APPROVAL
Be it enacted by the .............TOWN BOARD
...................................:.................................................................................of the
(Name of Legislative Body)
CKX ITHACA
Townof .......................................... ........................................................... .....................................as follows:
TOWN OF ITHACA
LOCAL LAW NO. 10 OF THE YEAR 1992
A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE
PROHIBITING CERTAIN USES IN BUSINESS ZONES WITHOUT SPECIAL
APPROVAL
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:
I. Article VII, Section 32, is amended to read as follows:
"SECTION 32. Business Districts 'A'.
1. Uses permitted in a Business District 'A' shall be the following:
A. The following uses provided'that the interior floor area is 10,000
square feet or less:
(i) Business or professional offices
(ii) Bank or other financial institution
(iii) Bookstore
(iv) Drug store
(v) Hardware store
(vi) Smoke Shop
(If additional space is needed, attach pages the same size as this sheet, and number each.)
B. The following uses provided that the area on which construction
occurs on the 'land is 10,000 square feet or less, (excluding
underground utilities)
(i) Utilities
2. The following uses are permitted in a Business District 'A' upon receipt
of a special approval from the Board of Appeals following a favorable
recommendation for same from the Planning Board in accordance with
the procedures set forth below:
A. Any of the uses set forth in paragraph 1A above where the
interior floor area for such use exceeds 10,000 square feet.
B. The following uses where the construction on the lot exceeds
10,000 square feet of land area (excluding underground utilities):
M Utilities
C. Bank drive-through.
D. Package liquor store.
E. Retail food store."
II. Article VII, Section 33 is amended to read as follows:
"SECTION 33. Business Districts 'B .
1. Uses permitted in a Business District W shall be the following:
A. Any of the uses permitted in Business District 'A' that do not
require a special approval.
B. Any of the following uses provided that the interior floor area is
10,000 square feet or less:
M Barber
(ii) Dry cleaning pick-up station
(iii) Florist
(iv) Beauty Parlor
(v) Hand or coin operated laundry
(vi) Nursery
(vii) Milliner
(viii) Greenhouse
(ix) Any other retail stores, except automobile sales agencies
M Shoe shiner, shoemaker and repairer
2
(xi) Tailor
(xii) Telegraph and telephone office
2. The following uses are permitted in a Business District 'B' upon receipt
of a special approval from the Board of Appeals following a favorable
recommendation for same from the Planning Board:
i
A. Any of the uses permitted in Business DistrictA' upon receipt of
a special approval.
B. Any of the uses set forth in paragraph 1B above where the
interior floor area for such use exceeds 10,000 square feet.
C. Public library.
D. Any municipal or public utility purpose necessary to the
maintenance of utility services involving construction on more
than 10,000 square feet of land.
E. Fire station or other public building necessary to the protection
of or servicing of a neighborhood."
III. Article VII, Section 34 is amended to read as follows:
"SECTION 34. Business Districts 'C'.
1. Uses permitted in a Business District 'C' shall be the following:
A. Any of the uses permitted in Business District W or 'B' that do
not require a special approval.
B. Any of the following uses provided that the interior floor area is
10,000 square feet or less:
M Building supply
(ii) Dry cleaner
(iii) Dyer
(iv) Electrical shop
(v) Glass shop
(vi) Heating shop
(vii) Monument works
(viii) Plumbing shop
(ix) Printer
W Appliance sales and service
(xi) Arts and crafts studio
(xii) Bicycle sale and repair
(xiii) Caterer
3
(xiv) Confectioner
(xv) Decorator
(xvi) Dressmaker
(xvii) Furrier
(xviii) Optician
(xix) Photographer
(xx) Refrigeration sale and repair
(xxi) Upholsterer
C. Hotel or motel. of 30 sleeping rooms or less.
D. Boat harbor and marina
E. Ambulance service
2. The following uses are permitted in a Business District 'C' upon receipt
of a special approval from the Board of Appeals following a favorable
recommendation for same from the Planning Board:
A. Any of the uses permitted in Business Districts 'A' or W upon
receipt of a special approval.
B. Any of the uses set forth in paragraph 1B above where the
interior floor area for such use exceeds 10,000 square feet.
C. Automobile sales agency,provided that the display of automobiles
and accessories is conducted entirely within a building.
D. Theater, skating rink, bowling alley, dance hall, where the
activity involved is conducted exclusively inside a building
provided that such place of business shall be located at least 200
feet from any residence district.
E. Restaurant or other place for the serving of food. If alcoholic
beverages are served, the place of business shall be located at
least 500 feet from an adjacent school or church or 150 feet from
any residence district.
F. Club house or lodge, provided that no building so used shall be
within 100 feet of any street or within 150 feet of the lot line of
an adjoining owner.
G. Undertaker.
H. Hotel or motel with more than 30 sleeping rooms.
IV. Article VII, Section 38, is amended by adding a new subparagraph 9
4
reading as follows:
Org. Application for Special Approval: Where a use is permitted in this
Article in a Business District'A', 'B', 'C', tD' or'E' upon the obtaining of
a special approval, the application for such approval for the requested
use shall be referred to the Planning Board and no final action by the
Board of Appeals shall be taken until the Planning Board has reviewed
at least a preliminary site plan and has approved same. If the Board of
Appeals grants the special approval, and if only a preliminary site plan
was approved by the Planning Board, the matter shall be returned to
the Planning Board for final site plan approval as set forth below."
Section 2. 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 3. This local law shall take effect immediately.
5
(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. 10 of 19 92
of the Town}{mg) of iTHACA was duly passed by the
[TOWN BOARD on FEBRUARY 10 19 92 in accordance with the applicable provisions of law.
Name of LegislativeBody)
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 I9_1
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
' 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
19in 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 I9_
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 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 I9_,
in accordance with the applicable provisions of law.
�lective 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)
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
"`�he provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
)f 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 0_, pursuant, 7 to subdivisions 5 and 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 above.
Xiam -A&Z�XAXW,Town WzX=X4k Clerk
HM
Deputy or offs er esignated by local legilsative body
(Sea!) Date: FEBRUARY 14, 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 local law annexed hereto.
Signature
JOHN C. BARNEY, TOWN ATTORNEY
Titl I
11
XMWX
XM)X of ITHACA
Town
Date: February 14, 1992
(3)
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
'ART I Project Information (To be completed by Applicant or Project Sponsor)
1. Applicant/Sponsor: 2. Pr
oject N e:
Town of Ithaca Town Board Local Law 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:
E]NEW EXPANSION MODIFICATION/ALTERATION
5. Describe Project Briefly (Include project purpose, present land use,current and future construction plans, and other
relevant items):
This proposed action is an amendment to the Town .of Ithaca Zoning Ordinaace
prohibiting certain uses in Business "A" , "B", and "C" Districts without
Special Approval, At present all uses listed in the respective Business
District regulations are allowed as-of-right . This amendment will allow
the Town to exercise discretion over certain uses for which, based on si7.e
or other characteristics, there is a greater likelihood of severe negative
effects on the environment .
(Attach separate sheet(s)if necessary to adequately describe the proposed project.)
6.. Amount of Land Affebted: Jnitially-(O-5 yrs)Se-e ' #'Peres ' . (6-10 yrs) 0 Acres (>10 yrs) 0
4ow is the Land Zoned.Presently?
—11.11,111,1111, Acres
P"'"
W.IXAX See #10
►pill proposed action comply with existing zoning or other existing land use restrictions!
YES F-1 NO � if no, describe conflict briefly NIA
9. Will proposed action lead to a request for new:
Public Road? YES El NO 2 Public Water? YES� NO FX Public Sewer? YES NO
10. What is the�present land use in the vicinity of the proposed project? Residential E3 Commercial
❑Indus-trial []Agriculture �Park/Forest/Open Space other
Please describe:Proposed action will affect all Business "A" I "B"t and "C"
Districts in the Town of Ithaca.
11 Does proposed action involve a Permit,approval, or funding,now or ultimately from any other governmental agency
(Federal,State,Local)? YES� NOFX-� If yes,list agency name and permit/approval/funding:
12. Does any aspect of the proposed action have a currentIq valid Permit or approval? YES
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
;cant/Sponsor Name (Print or Type): Town Board, Town of Ithaca
LSignature: Supervisor
Date:
PART If - ENY[RONMENTAL 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?
�..-1 YES 11 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 handwritteIlegible)C1. Existing air quality,surface or groundwater quality,noise levels,existing traffic patterns,solid waste pr
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 ar
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.
l•
C6. Longterm,short term,cumulative,or other effects not identified in C1-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❑ NO if yes, explain briefly:
E. Comments of staff ❑, CAC U, Other [:] attached. (Check applicable boxes)
PART ill - 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 ali 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.
® Check 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 enviro tal impacts AND provide on attach-
meets as necessary,the reasons supporting this determinatio .
Town Board, Town of Ithaca 2-
Name of Lead Agency Prepa er ss f d.-f m Responsible Officer)
Shirley Raffensperger, Supervisor
Name &Title of Res onsible Officer in Lead Agency i a/tu o o ributing Preparer
Si nature of Res onsible 0 ficer Lead A enc
LTT� Town Assigned Project ID Number _ Rev. 10/90
Town of Ithaca Environmental Review
SNORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County ONLY
'ART I - Project Information (To be completed by Applicant or Project Sponsor)
1. Applicant/Sponsor: 2. ProjectN e:
Town of Ithaca Town Board Local 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: NI A
luvi
4. Is Proposed Action: NEW U EXPANSION EIMODIFICATION/ALTERATION
5. Describe Project Briefly (Include project purpose,present land use,current and future construction plans, and other
relaxant items):
Proposed action is an amendment to the Town of Ithaca Zoning Ordinance to
regulate the number of principal buildings on non-agricultural lots in an
agricultural district . Thi.s. action will retain the existing leniency
- toward farming operations while restricting non-agricultural- lots in the
same way that they are restricted in the 'Town 's residential districts .(one
principal building per lot) .
(Attach separate sheet(s)if necessary to adequately describe the proposed project.)
j
5._ Amount of Land Affected: Initially (0-5 yrs Pee #10 Acres ' _ (6-10 yrs) 0O
Acres (>I0 grs) Acres
'"4ow is the Land Zoned Presently?
XXX See #10 _
E Vill proposed action comply with existing zoning or other existing land use restrictions?
YES Q NO F_� If no, describe conflict briefly: N/A l
9. Will proposed action lead to a request for new: --.
Public Road? YES N0LD Public Water? YES NO Public Sewer? YES Q NO
10. What is the present land use in the vicinity of the proposed project? Residential ❑ Commercial
Q Industrial EJAgriculture r�Park/Forest/Open Space Q Other
Please describe: Proposed action will affect all non-agricultural lots in the
agricultural zoning district of the Town of Ithaca.
1 I. Does proposed action involve a permit,approval,or funding,now or ultimately from any other governmental agency
(Federal,State,Local)? YES F� NO JE if yes,list agency name and permit/approval/funding.
12. Does anu aspect of the proposed action have a currentlu valid permit or approval? YES _N_O
If yes, list agency nairie and permit approval. Also,state whether that permit/approval require modification.
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
icant/Sponsor Name (Print or Type): Town Board, Town of Ithaca
Signature: �' �"n"yoe c��t' Supervisor
Date: