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HomeMy WebLinkAbout1988 LL 19 - Amend Height Limitations of Buildings (Please Use ihu Form for riling your Local Law with(lie Secretary of State) 'text of law should be given as amended. Do not Include matter-being eliminated and do not use italics or undedlning to indicate new matter. rof.....................Ithaca...........................................................................................». ' Town LocalLaw No.................19..................................of the year 19-.$$... Alocallaw...AME .....................NDING THE TOWN OF ITHACA ZONING ORDINANCE TO CLARIFY .....................I.. ..............................»..................................................I........... {in..lt uu•i AND AMEND HEIGHT LIMITATIONS RELATED TO BUILDINGS AND STRUCTURES IN THE TOWN Uc it enacted by the .................................I... w ... ........... Ton Board .....»................».................................of tine .... .. ...... . 1N�0�d t.edd�th�tlodrl .. . ownof.........................................................................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 I, Section 1, is hereby amended by adding three new subdivisions, to be subdivisions 4-b, 4-c and 4-d reading as follows: "4-b. 'Height from lowest interior grade', as it relates to a building means the vertical distance measured from the surface of the lowest level (floor of a crawl space, basement floor, slab, or other floor, even if below exterior grade level) in contact with the ground surface to the highest point of the roof, excluding chimneys, antennae and other similar protruberances. 4-c. 'Height from lowest exterior grade' as it relates to a building means the vertical distance from the lowest point of the exterior finished grade adjacent to the wall of the building to the highest point of the roof, excluding chimneys, antennae and other similar protruberances. 4-d. 'Height'as it relates to a structure other than a building means the distance measured from the lowest level or portion of the structure (slab or base) in contact with the ground surface to the highest point at the top of the structure." K(If additional space is needed,please attach sheets of the same size as this and number each)"" page t. 2. Article I, Section l, is hereby amended by adding a new subdivision, to be subdivision 5-a reading as follows: '15-a. A 'building' is a structure having a roof supported by columns or by walls and intended for shelter, housing, protection or enclosure of persons, animals or property." 3. Article I, Section 1, subdivision 28 is amended to read as follows: | | "20. A 'structure' is anything that iaconstructed mcerected oo � -� the ground or upon another otzxtoze or building. 'Structure' also includes anything that is constructed or erected underground and projects up to the ground surface or above, or anything that is constructed or erected wholly underground other than utility lines, septic and water systems, or other similar types of underground construction wholly ancillary to a principal building or structure on the premises. 'Structure' also includes constructed parking spaces. The term 'structure' includes a 4. Article III, Section 4, Subdivision 17 of said cxzIbssuce in hereby amended to read as follows: "17. In Residence Districts R9, no building be erected, altered, or extended to exceed thirty-four feet in height from the lowest interior grade or thirty feet in height from the lowest exterior grade, whichever is lower. "mstructure other than a building shallbe erected, altered, orextended toexceed thirty (30) feet in height." 5. Article IV, Section ll, Subdivision lO, is hereby amended to read [ ` as follows: "10. In Residence Districts R15, no building shall be erected, altered, or extended to exceed thirty-four feet in height from the lowest interior grade or thirty feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed thirty (30) feet in height." 6. Article n, Section lV, Subdivision 16, is hereby aoaody] to read as follows; "18. In Residence Districts R30, no building shall be erected, altered, or extended to exceed thirty-four feet in height from the lowest interior grade or thirty-feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed thirty (30) feet in height." 7. Article VI, Section 28, Subdivision 5, is hereby amended to read as follows: "5, n=lgbt: All suzunuoea shall conform in height with other | | that no building shall exceed thirty-four feet in height from lowest interior grade nor thirty feet in height from lowest exterior grade and further provided that no structure other than a building shall exceed thirty (30) feet in height." Page la ' 8. Article nzz, Section 37, Subdivision 3, is hereby amended to zexl as follows: "3. Height: All structures shall conform in height with other structures in the vicinity, provided, however, that no building shall exceed thirty-four feet in height from lowest interior grade nor thirty feet in height from lowest exterior grade and further provided that no structure other than a building shall exceed thirty (30) feet in height." [ | 9. Article vzzz, Section 44, Subdivision 4, is hereby amended to read - as follows: "4. Height: No structure other than a building shall exceed twenty-five (25) feet in height' and no building shall exceed twenty-nine (29) feet in height from the lowest interior grade nor twenty-five (25) feet in height from Imvoot exterior grade, whichever is lower." IO. Article X, Section 50 of said ordinance is hereby amended by adding anew Subdivision 7 reading as follows: 117. Height: No building shall exceed thirty-four (34) feet in height from lowest interior grade nor thirty (30) feet in height from lowest exterior grade, and no other structure shall exceed thirty (30) feet in height, except by Special Approval from the Board of Zoning Appeals after the matter has been referred to the ^~~..i., ~`~^. ^~^ ^-~~-__--_-'- ll. Article XI, Section 51, Subdivision 3 is hereby amended to read as OzIlcms; � building �-1 agricultural ( 4) feet in height from lowest interior grade nor thirty (30) feet in height from lowest exterior grade and no other non-agricultural structure shall be erected or extended to exceed thirty (30) best in height". 12. Article XIV, Section 75 is amended to read as follows: "SECTICN 75. Permit to Build. No principal building or accessory building, nor any other structure, including but not limited to tanks, power and pump stations, swimming pools, and signs (except as permitted by the Town of Ithaca Sign law), in any district, except (i) an accessory building in an agricultural district, or (ii) parking spaces in R5, R9, R15, R30, and agricultural districts, shall be begun or enlarged without a "Permit to Build" issued by the person designated by the Town Board. This waiver of the Building Permit requirement in agricultural districts and for parking spaces shall in no case relieve the property owner from compliance with other provisions of this ordinance. No such permit shall be issued, except pursuant to written order of the Board of Appeals, where the proposed construction, alteration or use would be in violation of any provision of this ordinance." � | 13. In the event that any portion of this law is declared invalid by a 000z± of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration oI invalidity. Page Ib 14. This law shall take effect ten days after its publication, pursuant to applicable provisions of law. b Page lc (Complete the certification In the paragraph which applies to tile filing of this locnl 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 local law No. .12...........of 1988.... of tlteof...........Ithaea was duly passed by the........Town„Board ................ ................................ Town (Nome of Lealeletive aodYi a° '° December 12 on 88 applicable......................................r.........19........ in accordance with thea}�licable P revisions of law. 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassago after disapproval.) hereby certify that the local law annexed hereto,designated as local law No.....................of 19........ County of th ,own W li ��(Nome.ot�Lee City of......................................was duly passed by the.............. .m. .ale..ta.tive�no. . .dY)��. ....................... ' Village not disapproved on..................................................19........ and was approved by the .............. .......*. ....... . .. ... ..... . repassed after disapproval Elective Chief Executive Officer and was deemed duly adopted on........................................................19........, in accordance with tine applicable provisions of law. 3. (Final adoption by referendum.) I herebycertify that the local law annexed hereto,designatedas local law No................... of 19.......... County of the City of.................. was duly passed by the...................... ........, Town (Name of Leaidetive aodyl Village not disapproved on...................................................19........ and was approved by the.... . . ....... ....*........ repassed after disapproval . . .... ... ...... . Elective Chl. . el lN.xeeutiva.. . Oi(Ieer on...............................I..,..........,.......................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. A. (Subject to permissive referendann,and final adoption bemuse no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto,designated as local law No................... of 19.......... County of the City of...............:......................was duly passed by the................................................................................on Town (Name of Legtolotlre Ile Y Village not disapproved .............:19........ and was approved by the.........................................................on '•'•'••••••••""'•'••'••'•"""""" Elective Chief Executive Officer* repassed after disapproval ..............................................................19......... Such local law being subject to a permissive referendum and no valid petition requesting such referendual having been filed,said local law was deemed duly adopted on ..............I................ 19........, in accordance With tile 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 tie county legblative 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 revision proposed by petition.) 1 lierebycertify that the local lues annexed hereto,designated ns local law No.....................of 19........ of the City of..........................................................................having been submitted to referendum pursuant to the provisions of§37 of the Municipal Ilume Ilule Lnw,and having received Lite affirmative vote of n 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 lite local law annexed hereto,designated as Local Law No.......of 19......of the County of ......................................... State of New fork, having been submitted to lite Electors at'tile General Election of Noveniber........... 19...........pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal home Itt:le Law,and having received the affirmative vote of a majority of the qualified electors of lite cities of said county as a unit and of a majorily 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.) W 1 further certify that I have compared the preceding local law with the original oil file in this office and that the same is a correct transcript therefrom and of Lire whole of such original local law, and was finally adopted in the manner indicated in paragraph...........1.............. above. Town 6111111111111111 Clork W Date: December 14,' 1988 (Seal) (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.........Tomkins................... 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. .. siputure •John C. Barney Town Attorney ...... ............ i .,......Tine ...... Date: �C'i���ar a1� J lda' Ithaca . Wof..........................................I....................... Town Page 3 ,