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HomeMy WebLinkAboutLL 06 of 2000 PB Approval of Site Plan Mods.pdf Town Board Meeting 12/11/2000 TOWN OF ITHACA LOCAL LAW NO. 6 OF THE YEAR 2000 A LOCAL LAW AMENDING THE ZONING ORDINANCE TO MODIFY THE REQUIREMENT FOR PLANNING BOARD APPROVAL OF SITE PLAN MODIFICATIONS 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 readopted, amended, and revised effective February 26, 1968, and subsequently amended, be further amended as follows: A. Subdivision 4 of Section 46-b of said Ordinance is amended to read as follows: "4. If at any time subsequent to the approval of the final site plan, the owner shall wish to change the site plan as approved, an application with the revised site plan prepared in accordance with the requirements of this ordinance shall be submitted to the Planning Board for the Planning Board's approval. In reviewing such application for a modified site plan the Planning Board shall have all of the powers it has with respect to reviewing an original application for site plan approval and shall hold a public hearing on said application for modification of the site plan and shall make its decision on same within the time limits set forth with respect to an original site plan application. Notwithstanding the foregoing, Planning Board approval of a modification shall not be required (a) If the modification does not involve (i) construction of an addition of more than 1,000 square feet of enclosed space whether on one or more stories; nor (ii) construction or relocation of more than 3 parking spaces nor construction or relocation of any parking spaces to an area that is not adjacent to the original planned parking area; nor (iii) construction, alterations, or renovations affecting the exterior of a building or the site anticipated to cost more than $20,000.00; nor (iv) construction, alterations, or renovations of the interior of a building involving a change in occupancy or use; nor (v) enlargement of an existing or previously approved building that involves an increase of square footage of more than 15% of the existing square footage of the existing or previously approved building; nor (vi) reduction of an existing or previously approved building that involves Site plan modification.ll;l wp80/Ithaca Local Laws; Sandy; June 7, 2016 12:48PM 2 a decrease of square footage of more than 15% of the existing or previously approved building; nor (vii) alteration of traffic flows and access nor a significant increase in the volume of traffic; nor (viii) a significant (in the judgment of the Director of Planning) change in the aesthetic appearance of any structure or site plan element including landscape and lighting details from that presented at the time of the prior approval; nor (ix) a change in the impacts of the project on surrounding properties, such as an increase in noise, water run-off, light illumination, or obstructions to views; nor (x) violation of any express conditions (including, without limitation, buffer zones, setbacks, and similar restrictions) imposed by the Planning Board in granting prior site plan approval, or (2) If the modification does not involve a movement or shift of a location of one or more buildings more than two feet laterally or six inches vertically from the location or elevation shown on the final site plan where (i) such shift does not alter proposed traffic flows or access; and (ii) such shift does not directly violate any express conditions (including, without limitation, buffer zones, setbacks, etc.) imposed by the Planning Board in granting prior site plan approval. The numerical criteria for the exceptions from the requirement of obtaining Planning Board approval are an aggregate maximum (i.e. if a 700 square foot addition is constructed without obtaining Planning Board approval pursuant to paragraph (a)(i) above, construction of a second addition larger than 300 square feet would require Planning Board approval of a modified site plan). This waiver of the requirement of Planning Board approval is not intended to permit construction in violation of any other provision of this Ordinance including setback, side yard, and similar regulations, nor the requirement to obtain a building permit in those circumstances when otherwise required by the terms of this Ordinance or by the Building Code. A demolition, or a proposed demolition, of an existing building, or of a previously approved building on a previously approved site plan, is a modification of a site plan.” Site plan modification.ll;l wp80/Ithaca Local Laws; Sandy; June 7, 2016 12:48PM 3 Section 2. Applicability. This local law shall apply to all areas of the Town of Ithaca outside the Village of Cayuga Heights. Section 3. Partial Invalidity. 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 4. This local law shall take effect upon its filing with the Secretary of State or ten days after publication of this local law or an abstract or summary of same in the Ithaca Journal, whichever is later.