HomeMy WebLinkAboutLL 04 of 1999 PB Approval of Site Plan Mods
TOWN OF ITHACA
LOCAL LAW NO. 4 OF THE YEAR 1999
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, if the
modification involves
(a) a movement or shift of a location of one or more buildings not more than two feet in any
direction from the location shown on the final site plan; and
(b) such shift does not alter proposed traffic flows or access; and
(c) 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, then such modification may be made without requiring approval of the modified
site plan by the Planning Board. This waiver of the requirement of Planning Board approval
is not intended to permit construction in violation of any other provision of the Zoning
Ordinance including setback, side yard, and similar regulations, or the requirement to obtain a
building permit in those circumstances when otherwise required by the terms of this
ordinance.
Section 2. Applicability. This local law shall apply to all areas of the Town of Ithaca
outside the Village of Cayuga Heights.
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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.