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HomeMy WebLinkAboutLL 05 of 1991 ZBA Needs Recommendation from PB (Please Use this Form for Filbrg your Local Law with(lie Secretary of State) Text of law sliould be given as amended. Do not include malter being elindnated and do not use Italics or underlining to indicate new matter. TownMrof.............................».=thac..............................................................,......................... LocalLaw No..............2.........................................of the year 19.g 1.... Alocal law, ME LADING THE TOWN OF ITHACA»ZONING ORDINANCE,PROVIDING .. ... . ..... ........................... ................ ......... 0""t uno) THAT THE BOARD OF ZONING APPEALS MAY NOT ACT IN CERTAIN CIRCUMSTANCES WITHOUT AN AFFIR11ATIVE RECOMMENDATION OF THE PLANNING BOARD Be it enacted by the .............................Town ...Boar. . .d.................. . .................,.,,,..,.........................,.,,,.„,of the ....... . (luno of U-Slolanve llodr) of.. Ithaca .. ... ....... . as follows: 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 XIV, Section 77, is amended by renumbering subparagraph 9 to be subparagraph 10 and inserting a new subparagraph 9 reading as follows: "Where the terms of this Ordinance require a matter to be referred to the Planning Board for a recomTL-ndation 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 applicant's consent. In the event the Planning Board recommends 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.” 2. This local law shall take effect upon its publication as required by law. M(If additional space is needed,please aunch sheets of the snme size ns this and number each)"" (Complete the certification in the paragraphwhieh applies to tile filing of this local low and strike out the matter therein 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. _J...........of 19„21 of the Town .. Ithaca Town Board ... ..............was duly passed by the................................................................................... (Name of Legislative Body) on...... larch 11, 19-N in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer," or repassage after disapproval.) I hereby certify that the local law annexed hereto,designated as local law No.........1...........Of 19........ County of the City of......................... .,..........,...,....................................... Town was duly passed by the....................ams (Nemo of Legislative Body) Village not disapproved on..................................................19........ and was approved by the ....................,.................................. repassed after disapproval Elective Chief Executive officer'a and was deemed duly adopted on........................................................19........ , in accordance with the applicable Provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto,designatedas local law No................... of 19.......... County Citof the Town of......................................was duly passed by the.............................................. -�-. (Name of Legislative Body) Village not disapproved on...................................................19........ and was approved by the............................................................... repassed after disapproval Elective Chief ll�xecutive Officer on............................................:.........................19..,...... Such local law was submitted to the people by reason of a mandatory permissive referendum,and received'the affirmative vote of a ionjority of the qualified electors voting general thereon at the special election held on......................................................19........, in accordance with the app i- annual cable provisions of law. 4. (Subject to permissive referendum,and final adoption hocause no valid petition filed requesting referendum.) 1 hereby certify that the local law annexed hereto,designated as local law No................... of 19.......... County City was duly passed by the. .......... . ...................on Of the Town Of,,,,,,. (Name of Lcgislative Body} Village not disapproved ....................................................19........ and was approved by the.........................................................on repassed after disapproval Elective Chief Executive Officer* ....................................................19......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ...................................................................... 19........, in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or Includes tine chief executive officer of a county elected on a county-wide basis or,If them 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 power to approve or veto local laws or ordinances. Page 2 5. (City local law concerning Charter recision proposed by petition.) I herebycertify that the local lug•annexed hereto,designated as local Inw No.....................of 19........ of the City of..........................................................................having been submitted to referendum pursuant to Lite prdvisians of §3z of the Municipal llomeliuleLaw,and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the special election held on...•........... general ................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 tite General Election of November........... 19...........pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal Hogue Rule Law,and having received lite affirmative vote of a majority of the qualified electors of like 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 appropriate certification.) p" I further certify that.1 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. own M�Cietk dr Date; March 12, 1991 (Seal) (Certification to he executed by County Attorney, Corporation Counsel, 'Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE Or NEW YORK COUNTY Or.....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 local law annexed hereto. ........... �t � ......... signature John Barney Town Attorney ......... ...... ........:............. f Title Date; ` (C�f�1� moor..........Ithaca.................................... Town Page 3