HomeMy WebLinkAboutLL 02 of 2013 Issue BPs where Violations Exist TOWN OF ITHACA
LOCAL LAW NO. 2 OF THE YEAR 2013
A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 270
ENTITLED "ZONING", TO ALLOW ISSUANCE OF BUILDING PERMITS IN
CERTAIN CIRCUMSTANCES EVEN IF ZONING VIOLATIONS EXIST.
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270 (Zoning), Article XXVIII (Administration) of the
Town of Ithaca Code, Section 270-233, titled "Permit to build," is amended by replacing
subsection B in its entirety with the following subsection B:
"B. No permit to build 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 chapter or would occur on a parcel on which a violation
of any provision of this chapter exists. Notwithstanding the foregoing, this subsection
shall not prohibit the issuance of a permit to repair or replace a roof or another element of
a structure that needs such repair or replacement in order to maintain the structure's
integrity in the determination of the Director of Code Enforcement, even if there is an
existing violation of this chapter on the parcel."
Section 2. If any provision of this local 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 3. This local law shall take effect immediately upon its filing with the
New York Secretary of State.
Adopted 2/11/2013