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HomeMy WebLinkAboutLL 06 of 2010 EcoVillage PDZ Amendments TOWN OF ITHACA LOCAL LAW NO. 6 OF THE YEAR 2010 A LOCAL LAW AMENDING CHAPTER 271 OF THE TOWN OF ITHACA CODE, TITLED ZONING: SPECIAL LAND USE DISTRICTS, TO CHANGE ECOVILLAGE PLANNED DEVELOPMENT ZONE PROVISIONS REGARDING COMMUNITY CENTERS AND SOLAR PANELS. Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 271, Section 271-9 of the Town of Ithaca Code, entitled "Special Land Use District No. 8 (Limited Mixed Use, EcoVillage),"is amended by deleting Subsection 271-9. D. III. (4) and replacing it with a new Subsection 271-9. D. III. (4)reading as follows: (4) Up to five community centers, also known as "common houses" which may house recreation, meeting, and dining space, children's playrooms, kitchen facilities, common laundry facilities, and other accessory uses permitted in this Special Land Use District and/or other community space, compatible with its purpose of being an extension of residents' homes provided, however, that the community center is to be used primarily by the residents of the dwellings located within this Special Land Use District. A community center may also house up to 12 dwelling units, each of which shall be inhabited by no more than one family, or one family and one boarder. At least one,but no more than one, community center shall be constructed for each 30 residences, unless the Planning Board issues a waiver of this requirement or limitation in the process of site plan review for good cause shown. Section 2. Chapter 271, Section 271-9 of the Town of Ithaca Code, entitled "Special Land Use District No. 8 (Limited Mixed Use, EcoVillage),"is amended by deleting Subsection 271-9. I. and replacing it with a new Subsection 271-9. I. reading as follows: Section 271-9. I. Height regulations. In this Special Land Use District no building shall be erected, altered, or extended to exceed 40 feet in height from the lowest interior grade or 40 feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height.Notwithstanding the foregoing, the Planning Board may grant a special permit for construction of accessory towers or community centers in excess of 40 feet,but in no event shall any structure (or any appurtenant element of a structure) exceed 60 feet in height. Section 3. Chapter 271, Section 271-9 of the Town of Ithaca Code, entitled 1 "Special Land Use District No. 8 (Limited Mixed Use, EcoVillage),"is amended by deleting Subsection 271-9.N. (2) and replacing it with a new Subsection 271-9.N. (2) reading as follows: (2) Building permits shall be required for any construction. Such permits shall not be issued unless and until the exterior design, specifications, and plans for the buildings and all other improvements to be constructed in the Special Land Use District and construction of all outside facilities including lighting and signs shall have been shown on the final site plan approved by the Planning Board, and any construction hereafter shall be in accordance with said site plan as finally approved; provided, however, that building permits for the installation of solar panels that are not shown on a final site plan may be issued as long as all requirements of Section 270-219.1 are met. In determining whether to approve the site plan, the Planning Board shall employ the same considerations it would employ in approving a site plan pursuant to Section 270-188. Section 4. 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 5. This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. 2