HomeMy WebLinkAboutLL 02 of 2018 Amend Chapter 270 Special Permits Special Approvals criteria TOWN OF ITHACA
LOCAL LAW NO.2 OF THE YEAR 2018
A LOCAL LAW AMENDING THE CRITERIA FOR SPECIAL PERMITS AND SPECIAL
APPROVALS IN CHAPTER 270, ZONING, OF THE TOWN OF ITHACA CODE
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270 (Zoning), Article XXIV (Special Permits and Special
Approvals), of the Town of Ithaca Code, Section 270-200, titled "Considerations for approval,"
is deleted and replaced by a new Section 270-200 reading as follows:
"§270-200. Considerations for approval.
The reviewing Board's determination of an application for special authorization shall include
findings consistent with any special criteria set forth in this chapter relating to the specific
use or activity for which approval is being sought, and shall also include as appropriate, but
shall not be limited to, findings that the following standards have been met:
A. The project will be suitable for the property on which it is proposed, considering the
property's size, location, and physical site characteristics.
B. The proposed structure design and site layout are compatible with the surrounding area.
C. Operations in connection with the proposed use do not create any more noise, fumes,
vibration, illumination, or other potential nuisances than the operation of any permitted
use in the particular zone.
D. Community infrastructure and services, such as police, fire and other protective services,
roadways, schools, and water and sewer facilities are currently, or will be, of adequate
capacity to accommodate the proposed use.
E. The proposed use, structure design, and site layout comply with all the provisions of the
Town Code and with the Town of Ithaca Comprehensive Plan.
F. The site layout, with proposed vehicular, bicycle and pedestrian access, traffic
circulation, and parking and loading facilities, is sufficient for the proposed use and is
safely designed for emergency vehicles.
G. The project includes sufficient landscaping and/or other forms of buffering to protect
surrounding land uses. Existing vegetation is preserved to the extent possible.
H. To the extent deemed relevant by the reviewing Board, the proposed use or structure
complies with all the criteria applicable to site plan review set forth in this chapter."
Adopted April 9, 2018 pg. 1
Section 2. 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 3. This local law shall take effect immediately upon its tiling with the New York
Secretary of State.
Adopted April 9, 2018 pg. 2
STATE OF NEW YORK
DEPARTMENT OF STATE
-- --
ONE COMMERCE PLAZA - - - -- - - - --- - ANORENdj`.1_GOVERNO__.
GOVERNOR
99 WASHINGTON AVENUE
ALBANY,NY 12231-0001 ROSSANA ROSAOO
WWW.00S.NY.GOV SECRETARY OF STATE
April 18, 2018
TOWN OF ITHACA
215 N TIOGA ST
ITHACA, NY 14850
RE: TOWN of ITHACA, Local Law 2 2018, filed on 04112/2018
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.gov.
Sincerely,
State Records and Law Bureau
(518) 473-2492
NEW YORK Department
STATEOF
OPPORTUNITY_ of State
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, at 12231-0001toorp
www.dos.state.ny.us/corps
(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 ❑x Town ❑Village
(salad are:)
of Ithaca
Local Law No. 1 of the year 2018
A local law A LOCAL LAW AMENDING THE CRITERIA FOR SPECIAL PERMITS AND SPECIAL
(Insert rive)
APPROVALS IN CHAPTER 270, ZONING, OF THE TOWN OF ITHACA CODE
Be it enacted by the Town Board of the
(Name ofLeo.*dm Body)
❑County [-]City ❑x Town [-]Village
(solea are:)
of Ithaca as follows:
See attached.
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-02394.1 (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.)
I hereby certify that the local law annexed hereto,designated as local law No. 2 of 2018 of
the(County)(City)(Town)(Village)of Ithaca was duly passed by the
Town Board on April 9 2018 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%)
I hereby certify that the local law annexed hereto,designated as local law No. of 20_of
the(County)(City)(Town)(ViIlage)of was duly passed by the
on 20_,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.)
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
(Name of Legislative Body) on 20 ,and was(approved)(not approved)
(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-023944 (Rev.06/12) Page 3 of 4
5. (City local law concerning Charter revision proposed by petition.)
1 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.
6. (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 originsfile in this office and that the same is a
correct transcript therefrom and of the whole of such original local Iaw, a s 1 y0
tp ed m t an dicated in
paragraph 1 above.
Clerk o hcounty legis alive body, City,Town or Vill e Clerk or
officer designated by ocal I gislative body
(Seal) Date:
DOS-0239-f-I (Rev.06112) Page 4 of 4