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HomeMy WebLinkAboutLL 13 of 1992 ZBA Procedures & Regulations NEW YORK STATE DEPARTMENT OF STATE Loca"16 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 FINAL use italics or underlining to indicate new matter. )MU of ......ITHACA Town .................................................................................................................. WR= Local Law No. .......I3........................................ of the year 19 .92 Alocal law ........ SeeJ�12D........................................................................................................................................ (Insert Title) Be it enacted by the ..........................TOWN...BOARD....................................................................................................of the ............ (Name of Legislative Body) ITHACA Townof .................................................................................................................................................. as follows: TOWN OF ITHACA. LOCAL LAW NO. 13 FOR THE YEAR 1992 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE REGARDING PROCEDURES AND REGULATIONS RELATING TO THE BOARD OF APPEALS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Section 77 of the Zoning Ordinance of the Town of Ithaca as re- adopted, amended, and revised, effective February 26, 1968, and subsequently amended, be further amended to read as follows: "SECTION, 77. Board of Appeals. There is hereby established a Board of Appeals which shall function in the manner prescribed by law (except as the Town Law is superseded as set forth below). 1. There shall be five members of the 'Board of Appeals. The members of the Board of Appeals shall be residents of the Town of Ithaca and shall be appointed by the Town Board to serve for terms as prescribed by law. Vacancies occurring in said Board by expiration of term or otherwise shall be filled in the same manner. No person who is a member of the Town Board shall be eligible for membership on the Board of Appeals. 2. The Town Board shall designate the Chairperson' of the Board of Zoning Appeals. The Board of Zoning Appeals shall choose its own Vice-Chairperson who shall preside in the absence of the Chairperson. In the absence of both the chairperson and vice-chairperson, the Board of Appeals shall choose one of its number as acting chairperson. Such chairperson, or the party acting as chairperson in the chairperson's absence, may administer oaths and compel the attendance of witnesses. The Board of Appeals may appoint a secretary who shall take minutes of all its meetings and keep its records. 3. The Board of Appeals shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this ordinance and all its resolutions and orders shall be in accordance therewith. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev. 7/90) 4. Any person aggrieved by any decision of any officer of the Town charged with the enforcement of this ordinance may take an appeal to the Board of Appeals. 5. The Board of Appeals shall,in accordance with the provisions of this Ordinance and in accordance with the provisions of Town Law Sections 267 et. seq. (except as the same are superseded by the provisions of this Ordinance) hear and determine appeals from any refusals of a building permit or certificate of occupancy by the person designated by the Town Board, or review any order or decision of said person where such order or decision is based upon the requirements of this ordinance. 6. The Board of Appeals,on appeal from the decision or determination of the Town Building Inspector and Zoning Enforcement Officer, shall have the power to grant use and area variances (as the same are defined in Town Law Section 267). (a) AREA VARIANCES. In addition to any other requirements set forth in this Ordinance, the Board of Appeals, in determining whether to grant an area variance shall consider all of the matters set forth in Town Law Section 267-b including specifically the considerations set forth in Section 267-b 3 (b) and (c). (b) USE VARIANCES. (i) In addition to any other requirements set forth in this Ordinance, no use variance shall be granted unless the applicant shall show that applicable zoning regulations have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that (A) Under applicable zoning regulations the applicant can not obtain a reasonable economic return from the property in question, which insufficient return must be established by competent financial evidence; (B) The alleged hardship relating to the property in question is unique,and does not apply to a substantial portion of the district or neighborhood; (C) The requested use variance, if granted, will not alter the essential character of the neighborhood; and (D) The alleged hardship has not been self-created. (ii) The foregoing criteria are intended to supersede, in accordance with Municipal Home Rule Law Section 10 1 (ii) d (3), the criteria for granting use variances set forth in Town Law Section 267-b 2 (b) and in particular the requirement that to obtain a use variance the applicant must demonstrate that the applicant is deprived of all economic use or benefit from the property. (iii) All other criteria and provisions contained in Town Law Sections 267 et. seq.,except the requirement that the applicant demonstrate that the applicant is deprived of all economic use or benefit from property, are applicable to use variances in the Town of Ithaca. BoardApp.11, wp51 kith Vocalla w, , 06126192 12:55PM 7. The Board of Appeals shall also hear and decide all matters referred to it or upon which it is required to*pass by the terms of this ordinance. In deciding such matters referred to it by. the terms of this ordinance and in granting special approval the Board of Appeals shall determine that: (a) The health, safety, morals and general welfare of the community in harmony with the general purpose of this ordinance shall be promoted, except that as to all public buildings and educational buildings wherein the principle use is research, administration, or instruction, the same shall be presumed to exist. (b) The premises are reasonably adapted to the proposed use, and that such use, except as to public and educational buildings, will fill a neighborhood or community need. (c) The proposed use and the location and design of any structure shall be consistent with the character of the district in which it is located. (d) The proposed use shall not be detrimental to the general amenity or neighborhood character in amounts sufficient to devaluate neighboring property or seriously inconvenience neighboring inhabitants. (e) The proposed access and egress for all structures and uses shall be safely designed. (f) The general effect of the proposed use upon the community as a whole, including such items as traffic load upon public streets and load upon water and sewerage systems is not detrimental to the health, safety and general welfare of the community. S. In granting variances or special approvals or special permits the Board may impose upon the applicant such reasonable conditions as are directly related to and incidental to the proposed use of the property or the period of time such variance or special approval or permit shall be in effect. Such conditions shall be consistent with the spirit and intent of the zoning ordinance or local law, and shall be imposed for the purpose of minimizing any adverse impact such variance, approval or permit may have on the neighborhood or community. 9. Where the terms of this Ordinance require a matter to be referred to the Planning Board for a recommendation before action is taken by the Board of Appeals, the Board of Appeals shall not hear the matter unless and until the Planning Board has reviewed the matter and recommended the action affirmatively. The Planning Board shall act within 60 days of receipt of the application. Failure to act within such time period shall be deemed an affirmative recommendation unless the time to act is extended with the 117 applicant's consent. In the event the Planning Board recommends 3 BoardApp.11, wp51kith UocaLlaw, , 06126192 1-02PM affirmatively, but with conditions, the approval of the Board of Appeals shall include the Planning Board's conditions, plus any additional conditions the Board of Appeals 'deems necessary. 10— Unless work has commenced in accordance with the variance or special approval given by the Board of Appeals within one year from the issuance of the building permit authorizing such work, or within eighteen months of the granting of such variance or special approval, whichever is earlier, not only the building permit but the variance or special approval shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the issuance of such special approval or variance. 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 law shall take effect immediately. 4 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) (Final adoption by local Iegislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 13 of 1992 of the (M§ XyXXE$9)(Town) U of ITHACA was duly passed by the TOWN BOARD on ,TUNE 8, 1992 , 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 Name of Legislative Body on 19and was (approved)(not disapproved)(repassed'after 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 the (County)(City)(Town)(Village) of was duly passed by the on 19_, and was (approved)(not disapproved)(repassed after fame of Legislative Body disapproval) by the on I9 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�1 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 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. Iective Chief Executive Officer means or includes the chief executive officer of a county elected on a )unty-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) S. (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 !fie 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_1 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 S 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 I , above. 1 Clerk the County legislative body, City,Town or Village Clerk or officer designated by Iocal legissative body (Seal) Date: June 26, 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 " I 1 law an exed hereto. Sig702 ATTORNEY Titl Town of ITHACA AM= Date: June 26, 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 PART I - Project Information (To be completed by Applicant or Project Sponsor) I Applicant/Sponsor. 2. Law Town of Ithaca Town Board ocaprajec?TVw NO. 13 of 199 2 3. Precise Location(Street Address and Road Intersections,prominent landmarks,etc.or provide map): Pr, Town of Ithaca, Tompkins County, New. York Tax Parcel Number N/A 4. Is Proposed.Action: E]NEW EXPANSION MOD FiCATION/ALTERATION 5. Describe Project Briefly (include project purpose,present land use,current and future construction plans, and other rel-e-want items): (Attach separate sheet(s)if necessary to adequately describe the proposed project.) 6.. Amount of Land Affected: Initially-(0-5 yrs) Acres ' (6-10yrs) 0 Acres W 0 tjrs) 0 Acres How is the Land Zoned Presently? WIA Will proposed action comply with existing zoning or other existing land use restrictions? YES F0 NO � If no, describe conflict briefly: N/A 9. Will proposed action lead to a request for new: Public Road? YES NO Q Public Water? YESF-'� NO Public Sewer? YES NO 10. WhaTTIS-the­Tpresent land use in the vicinity of the proposed project? []Residential Commercial r I Industrial M Agriculture F7 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 rN71 NO If yes,list agency name and permit/approyal/funding: 12. Does any aspect of the proposed action have a currentlu valid Permit or approval? YESNO -- — -7 permit/approval. Also, state ;Whether�that permit/approvalwill❑Frequire modification. If yes, list agency name'6�i and I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE- 7'�licant/Sppnsor Name (Print or Type): Town Board, Town of Ithaca signature- Supervisor Date: June 8, 1992 PART it - ENVIRONMENTAL ASSESSMENT (To be completed by the Town of Ithaca; Use attachments as necessary)-24- % A. Does proposed action exceed any Type i Threshold in 6 NYCRR,Part 617.12 or Town Environmental Local Law? YES� NO � If yes, coordinate the review process and use the Full EAF. B. Will E posed action receive coordinated review as provided for unlisted actions in 6 NYCRR,Part 617.6? YES NO ® (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. CS. Growth,subsequent development,or related activities likely to be induced by the proposed action? Explain briefly: None anticipated. p. C6. Long term,short term,cumulative,or other effects not identified in Cl-CS?'Explain briefly: None anticipated. "77. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly None anticipated. rD. Is there, or is there likely to be, controversy related to potential adverse environmental impacts? YES� L�..�•NO If yes, explain briefly: E. Comments of staff , CAC Other El attached. (.Check applicable boxes) PART 111 - 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. {-� Check this box if you have determined,based on the information and analysis above and any supporting documentation, LJ 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's Signature If different from Responsible Officer) Shirley Raffensperger, Supervisor Name $c Tit]e o Responsible Officer in Lead Agency Signature of Contributing Preparer � K _ ;S ni n Ure of es onsible Officer in Lead A encu