HomeMy WebLinkAboutLL 03 of 2021 Ammend Chamber of Commerce PDZ TOWN OF ITHACA
LOCAL LAW NO.3 OF THE YEAR 2021
A LOCAL LAW AMENDING CHAPTER 271 OF THE TOWN OF ITHACA CODE,
TITLED "ZONING: SPECIAL LAND USE DISTRICTS,"TO REVISE USES AND OTHER
REQUIREMENTS IN CHAMBER OF COMMERCE PLANNED DEVELOPMENT ZONE
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 271 (Zoning: Special Land Use Districts)of the Town of
Ithaca Code, Section 271-7,titled"Planned Development Zone No. 5 (Limited Mixed
Use, Chamber of Commerce)", is amended by changing its title to "Planned Development
Zone No. 5 (Limited Mixed Use)."
Section 2. Chapter 271 (Zoning: Special Land Use Districts) of the Town of
Ithaca Code, Section 271-7, titled"Planned Development Zone No. 5 (Limited Mixed
Use, Chamber of Commerce)", Subsections B through F are deleted in their entirety and
replaced with new Subsections B through G reading as follows:
`B. The uses and structures permitted in Planned Development Zone No. 5 are:
(1) Any use permitted in a Medium Density Residential Zone; and
(2) Professional, business, and administrative offices, including medical, dental,
and health and wellness practices.
C. The following uses are permitted in Planned Development Zone No. 5, but only
upon receipt of a special permit for same from the Planning Board in
accordance with the procedures set forth in Ithaca Town Code Chapter 270,
Zoning:
(1) Restaurant.
D. The following accessory uses and structures are permitted in Planned
Development Zone No. 5:
(1) Signs, subject to the provisions in Subsection E below.
E. Any use in this zone shall be governed by all of the requirements, including
parking, side yards, setbacks, building coverage, accessory uses, and similar
requirements (except for permitted uses and structures which shall be only as set
forth above) relating to a Medium Density Residential Zone. Signs shall be
governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In
addition to the provisions that apply to all signs,the specific provisions
applicable to signs located in the Commercial Zones shall apply.
LL 3 of 2021 adopted May 10,2021 1
F. In addition to the requirements and restrictions imposed above,there shall be no
new construction in this Planned Development Zone unless and until all of the
requirements of Ithaca Town Code Chapter 270,Zoning have been complied
with and, in addition, the following requirements to the extent not required by
other provisions of Ithaca Town Code Chapter 270,Zoning:
(1) No building permit shall be issued for a building or structure within Planned
Development Zone No. 5,nor shall any existing building or structure in
such Zone be changed, unless the proposed building or structure is in
accordance with a site plan approved by the Planning Board, or with a
modified site plan approved by the Planning Board(where Article XXIII
requires Planning Board approval for modifications), pursuant to the
provisions of Article XXIII and other applicable provisions of Chapter 270.
G. In addition to the requirements and restrictions set forth above, occupancy and
use of the premises shall be further limited as follows:
(1) No activities will be conducted in said Planned Development Zone which
will cause disturbing noise, odors, or glare to any adjacent landowners."
Section 3. Chapter 271 (Zoning: Special Land Use Districts) of the .Town of
Ithaca Code, Section 271-7, titled "Planned Development Zone No. 5 (Limited Mixed
Use, Chamber of Commerce)", is amended by re-lettering Subsections G and H to H and
I, respectively.
Section 4. 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.
Section 5. This local law shall take effect immediately upon its filing with the
New York Secretary of State.
LL 3 of 2021 adopted May 10,2021 2
STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA ANDREW M. CUOMO
99 WASH1NGTON AVENUE GOVERNOR
ALaANY,NY 12231-0001 ROSSANA ROSADO
WWW.DOS,NY.GOV SECRETARY OF STATE
May 17, 2021
Paulette Rosa
Town of Ithaca Clerk
215 N. Tioga St,
Ithaca NY 14850
RE: Town of Ithaca, Local Law 3 & 4 2021, filed on May 13, 2021
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny..Clov.
Sincerely,
State Records and Law Bureau
(518) 473-2492
E� NE RK Department
STATE Opp Ty. of State
Town of Ithaca
215 N Tioga St, Ithaca, NY 14850
Ph: 607-273-1721 m www.town.ithaca.ny.us
Rod Howe, Town Supervisor - Paulette Rosa, Town Clerk
ew YOV
4m
May 11, 2021
State Records Unit
Department ol'State
One Commerce Plaza
99 Washington Ave.
Albany, NY 12231
To Whom It May Concern,
Enclosed please find Town of Ithaca Local Laws 3 and 4 for the year 202 1:
3. A LOCAL LAW AMENDING CI AVITR 271 OFTFIETOWN OF ITHACA CODE, 41-1-I-XI)
"ZONING: SPECIAL LAND USE DISTRICTS," TO REVISE USES AND OTHER
REQUIREMENTS IN CIJAMBE'R OF COMMERCE PLANNED DEVELOPMENT ZONE
4. A LOCAL LAW AUTHORIZING TOWN OF I`FIIACATO EXE'CUFF' WITHTOMPKINS
COUNTY AN AGENCY AGREEMENT TO IMPLEMENTTIIE COMMUNITY HOUSING
DEVELOPMENT FUND PROGRAM AND TO MAKFA PAYMENT INTO TFIE COMMIJNITY
LIO[JSING DI.-I'VIELOPMENT FUND
Please contact me ifyou have any questions.
Sincer-
I'wo",Paulette osa
Town Clerk
New York State Department of State
Division of Corporations,State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Local Law Filing Albany,NY 12231-0001
www.dos.statate.ny.ustcorps
(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 use
italics or underlining to indicate new matter.
❑County ❑City ®Town ❑Village
(select one:)
of Ithaca
Local Law No. 3 of the year 2021
A local law AMENDING CHAPTER 271 OF THE TOWN OF ITHACA CODE,TITLED"ZONING:
(insert Title)
SPECIAL LAND USE DISTRICTS,"TO REVISE USES AND OTHER REQUIREMENTS
IN CHAMBER OF COMMERCE PLANNED DEVELOPMENT ZONE
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑County ❑City ®Town ❑Village
(Select one:)
of Ithaca as follows:
See attached.
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-0239-f-I (Rev.06/12) Page 2 of 4
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
hereby certify that the local law annexed hereto,designated as local law No. 3 of 2021 of
the(County)(City)(Town)(Village)of Ithaca was duly passed by the
Town Board on May 10, 2021 ,in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval,no disapproval or repassage after disapproval by the Elective
Chief Executive Officer'.)
hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 2q ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the and was deemed duly adopted
(Elective Chief Executive Officer")
on 20m, in accordance w ith 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 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20
(Elective Chief Executive Officer*)
Such local law was 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
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , 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 chairperson 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.
DOS-0239-f-I (Rev.06/12) Page 3 of 4
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 20 of
the City of having been submitted to referendum pursuant to the provisions of section(36)(37)of
the 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)(general)election held on 20 ,became operative.
S. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the County of State of New York,having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 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 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.)
I further certify that I have compared the preceding local law with the original le in this office and that the same is a
correct transcript therefrom and of the whole of such original.local law,an o ted in a manner indicated in
paragraph ,above.
le of the county egislabve body,City, oGpage Cleric or
' officer designa by local legislative body
`(Seal) Date:
DOS-0239-f-I (Rev.06/12) Page 4 of 4