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HomeMy WebLinkAbout1988 LL 02 - SLUD on East Shore Dr for TC Chamber of Commerce a13 (Please Use this Form for Filing your 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. z„ Town Wof...................... ITHACA °„•,, Local Law Nio,...»......2 _ ». .. .of the year 19»88... A local law..,.TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND -.»... »...... .............. ...b}..».»»..............«..........»..........».......................I........»....... USE DISTRICT (LIMITED MIXED USE) AT 904-906 EAST SHORE DRIVE FOR THE TOMPKINS COUNTY CHAMBER OF COMMERCE Be it enacted by the ..... .. ....„Town»Board » » » ��_ »»» » » p „of the Ithaca .............:as follows: own r.,,, The zoning Ordinance of the Town of Ithaca as readopted.- amended, and revised effective February 26, 1968, and thereafter further amended, be further amended as follows: 1. Article Ii, Section 2 of the Town of Ithaca zoning Ordinance be and hereby is amended by adding to the permissible districts itemized in said-section a district designated as "Special Land Use District No. 5." 2. The uses permitted in Special Land Use District No. 5 are: (a) Any use permitted in a R-15 residence district; (b) professional offices for occupancy by non-profit entities (subject to the further provisions stated herein); and (c) visitors information center or tourism center for the area, in either instance operated by a not-for-profit or municipal entity. 3. Notwithstanding the foregoing, no uses shall be permitted if not pursuant to and consistent with a unified plan for the Special Land Use District (Limited Mixed Use) as such is initially approved by the planning Board and subsequently amended with the approval of the Planning Board. If additional s ap ce is needed please attach sheets of the same size as this and number each} Page 1 4. Any use in this district shall be governed by all of the requirements, including parking, sideyards, setbacks, building coverage, accessory uses, and -similar requirements (except for permitted occupancies which shall be only as set forth above) relating to an R-15 residence district. 5. In addition to the requirements and restrictions imposed above there shall be no new construction in this Special Land Use District unless and until all of the requirements of this ordinance have been complied with and, in addition, the following requirements to the extent not required by other provisions of this ordinance: (a) The exterior design, specifications, and plans for the buildings and other improvements to be constructed on the premises and the development of the grounds and construction of all outside facilities including lighting, drainage plans, landscaping, signage, and traffic circulation approved by the New York State Department of Transportation shall have been shown on a final site plan approved by the Planning Board. Any construction thereafter shall be in accordance with said site plan as finally approved. In determining whether or not to approve the site plan, in addition to the requirements set forth specifically relating to this Special Land Use District No. 5, the Planning Board may employ the same considerations it would employ in approving a site plan pursuant to Sections 46 and 78 of this ordinance. (b) Building permits shall be required for any construction, including construction of signs, walls, and outdoor lighting facilities. Such permits shall not be issued until the Planning Board has approved the design and specifications for any items for which a building permit is sought. (c) Any construction for which a permit is granted shall amply with all applicable laws, codes, ordinances, rules and regulations. 6. In addition to the requirements and restrictions set forth above occupancy and use of the premises shall be further limited as follows: (a) No building permit shall be issued unless and until the City of Ithaca has granted a license to the owner of the property in the special Land Use District authorizing the use of City lands for access and parking as shown on the preliminary site plan submitted to the Town Board or, in the event such. a license is not granted or if granted not renewed, no building permit shall be issued (or, if a building permit or certificate of occupancy has been issued it shall be revoked) until a revised plan shall be sutmitted to the Planning Board for their reccunandation to the Town Board and approved by the Town Board, such revised plan to show provisions for adequate parking at another location adjacent to the Special Land Use District or a modification of the proposed use of the Special Land Use District so that parking and access adequacy can be maintained within the district itself. (b) Once constructed, any building on the premises shall have no more than ten persons employed in the building at any one time. (c) No activities will be conducted in the Special Land Use District between the hours of 10:30 P.M. and 7:00 A.M. Page la {d} No activities will be conducted in said Special Land Use District which will cause disturbing noise, odors, or glare to any adjacent landowners. 7. The area encompassed and rezoned in accordance with this local law to Special Land Use District No. 5 is described on Schedule A to this local law. The official zoning map of the Town of Ithaca is hereby amended by adding such district at the location described. 8. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 9. This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. Page 1b SCHEDULE A ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, County of Tompkins and State of New York, bounded and described as follows: CMUNCING at a point in the west line of East Shore Drive, State Route 34, at the northeast corner of premises of the City of Ithaca (see Liber 204 Deeds, page 274); running thence northerly and along the westerly line of said East Shore Drive 60 feet to the southeast corner of lands of Leo M. Wells (379/410); thence westerly and along the southerly line of said Wells premises 264 feet to the southwest corner thereof; thence southerly and parallel with the west line of East Shore Drive 60 feet to the north lands of the City of Ithaca aforsaid; thence easterly and along the north line of said City of Ithaca lands to the point or place of beginning. Page 1c ra to (Complete the certification in the paragraph which applies to the filing of this local law 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 loco) law No. .....2..,.......of 19.K.. of the of......Ithaca Town Board Town ...............was duly passed by the................................................................................... {Name of Legislative Body) Fabruar 8 ,19,88, 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.....................of 19........ County Cit of the Town of......................................was dui passed b the Y P Y ................egisativ.....odyi...............,........., (Name of Legislative Body) Village not disapproved on.................................................19........ and was approved by the....................,.................................. repassed after disapproval Elective Chief Exocutive Officer and was deemed duly adopted on........................................................19........ , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) 1 herebycertify that the local law annexed hereto,designated as local law No................... of 19,......... County ofthe City of......................................was duly passed by the................ ........ .......................... Town (Name of Legislative Body) Village not disapproved on...................................................19........ and was approved by the.... i.,,,,.,.»..,...,.....,....,...."6ii.................. repassed after disapproval Elective Chiaf�)xacstivo Oiflcor on......................................................................19........ Such local law was submitted to the people by reason of a mandatory referendum,and received the affirmative vote of a majority of the qualified electors voting permissive - general thereon at the special election held on......................................................19........,in accordance with the appli- annual cable provisions of law. 4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto,designated as local law No................... of 19.......... County ofthe CitTown of......................................was duly passed by the................................................................................ (Name of Legislative Body) Village not disapproved ......................................................19........ and was approved by the.........................................................on repassed after disapproval Elective Chief Executive Officer* t 119.......,. 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 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,—,......I............ 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 power to approve or veto local laws or ordinances. Page 2 'Lbs 5. (Cit) local law concerning Charter reti ision proposed by petition.) I hereby certify that the local late annexed hereto,designated as local law No.....................of 19........ of the City of..........................................................................having been submitted to referendum pursuant to the provisions of §3i of tiie 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 generaelection held on.................................. ................19............became operative. (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 Muni- 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. (It any other authorized form of final adoption has been followed, please provide an appropriate certification.) S` 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. Town Clock o Mon Date: February 9, 1988 (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......TomLkins............. 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. ..... �: :^ ..... signature John C. Barney ...... Town ,Attorney................. �/ Tlue Date: S OLY/00 of........,,Ithaca Town ...................................... Page 3