HomeMy WebLinkAboutLL 13 of 1992 ZBA Procedures & Regulations NEW YORK STATE DEPARTMENT OF STATE
Loca"16 Law Filing 162 WASHINGTON AVENUE, ALBANY, NY 12231
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Text of law should be given as amended. Do not include matter being eliminated and do not FINAL
use italics or underlining to indicate new matter.
)MU of ......ITHACA
Town ..................................................................................................................
WR=
Local Law No. .......I3........................................ of the year 19 .92
Alocal law ........ SeeJ�12D........................................................................................................................................
(Insert Title)
Be it enacted by the ..........................TOWN...BOARD....................................................................................................of the
............
(Name of Legislative Body)
ITHACA
Townof .................................................................................................................................................. as follows:
TOWN OF ITHACA.
LOCAL LAW NO. 13 FOR THE YEAR 1992
A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE REGARDING
PROCEDURES AND REGULATIONS RELATING TO THE BOARD OF APPEALS
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Section 77 of the Zoning Ordinance of the Town of Ithaca as re-
adopted, amended, and revised, effective February 26, 1968, and subsequently
amended, be further amended to read as follows:
"SECTION, 77. Board of Appeals. There is hereby established a Board of Appeals
which shall function in the manner prescribed by law (except as the Town Law is
superseded as set forth below).
1. There shall be five members of the 'Board of Appeals. The members of the
Board of Appeals shall be residents of the Town of Ithaca and shall be
appointed by the Town Board to serve for terms as prescribed by law.
Vacancies occurring in said Board by expiration of term or otherwise shall be
filled in the same manner. No person who is a member of the Town Board shall
be eligible for membership on the Board of Appeals.
2. The Town Board shall designate the Chairperson' of the Board of Zoning
Appeals. The Board of Zoning Appeals shall choose its own Vice-Chairperson
who shall preside in the absence of the Chairperson. In the absence of both the
chairperson and vice-chairperson, the Board of Appeals shall choose one of its
number as acting chairperson. Such chairperson, or the party acting as
chairperson in the chairperson's absence, may administer oaths and compel the
attendance of witnesses. The Board of Appeals may appoint a secretary who
shall take minutes of all its meetings and keep its records.
3. The Board of Appeals shall adopt from time to time such rules and regulations
as it may deem necessary to carry into effect the provisions of this ordinance
and all its resolutions and orders shall be in accordance therewith.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 (Rev. 7/90)
4. Any person aggrieved by any decision of any officer of the Town charged with
the enforcement of this ordinance may take an appeal to the Board of Appeals.
5. The Board of Appeals shall,in accordance with the provisions of this Ordinance
and in accordance with the provisions of Town Law Sections 267 et. seq.
(except as the same are superseded by the provisions of this Ordinance) hear
and determine appeals from any refusals of a building permit or certificate of
occupancy by the person designated by the Town Board, or review any order
or decision of said person where such order or decision is based upon the
requirements of this ordinance.
6. The Board of Appeals,on appeal from the decision or determination of the Town
Building Inspector and Zoning Enforcement Officer, shall have the power to
grant use and area variances (as the same are defined in Town Law Section
267).
(a) AREA VARIANCES. In addition to any other requirements set forth in this
Ordinance, the Board of Appeals, in determining whether to grant an area
variance shall consider all of the matters set forth in Town Law Section 267-b
including specifically the considerations set forth in Section 267-b 3 (b) and
(c).
(b) USE VARIANCES.
(i) In addition to any other requirements set forth in this Ordinance,
no use variance shall be granted unless the applicant shall show that
applicable zoning regulations have caused unnecessary hardship. In
order to prove such unnecessary hardship the applicant shall
demonstrate to the Board of Appeals that
(A) Under applicable zoning regulations the applicant can not
obtain a reasonable economic return from the property in
question, which insufficient return must be established by
competent financial evidence;
(B) The alleged hardship relating to the property in question is
unique,and does not apply to a substantial portion of the district
or neighborhood;
(C) The requested use variance, if granted, will not alter the
essential character of the neighborhood; and
(D) The alleged hardship has not been self-created.
(ii) The foregoing criteria are intended to supersede, in accordance with
Municipal Home Rule Law Section 10 1 (ii) d (3), the criteria for granting use
variances set forth in Town Law Section 267-b 2 (b) and in particular the
requirement that to obtain a use variance the applicant must demonstrate that
the applicant is deprived of all economic use or benefit from the property.
(iii) All other criteria and provisions contained in Town Law Sections 267 et.
seq.,except the requirement that the applicant demonstrate that the applicant
is deprived of all economic use or benefit from property, are applicable to use
variances in the Town of Ithaca.
BoardApp.11, wp51 kith Vocalla w, , 06126192 12:55PM
7. The Board of Appeals shall also hear and decide all matters referred to it or
upon which it is required to*pass by the terms of this ordinance. In deciding
such matters referred to it by. the terms of this ordinance and in granting
special approval the Board of Appeals shall determine that:
(a) The health, safety, morals and general welfare of the community in
harmony with the general purpose of this ordinance shall be promoted, except
that as to all public buildings and educational buildings wherein the principle
use is research, administration, or instruction, the same shall be presumed to
exist.
(b) The premises are reasonably adapted to the proposed use, and that such
use, except as to public and educational buildings, will fill a neighborhood or
community need.
(c) The proposed use and the location and design of any structure shall be
consistent with the character of the district in which it is located.
(d) The proposed use shall not be detrimental to the general amenity or
neighborhood character in amounts sufficient to devaluate neighboring
property or seriously inconvenience neighboring inhabitants.
(e) The proposed access and egress for all structures and uses shall be safely
designed.
(f) The general effect of the proposed use upon the community as a whole,
including such items as traffic load upon public streets and load upon water
and sewerage systems is not detrimental to the health, safety and general
welfare of the community.
S. In granting variances or special approvals or special permits the Board may
impose upon the applicant such reasonable conditions as are directly related
to and incidental to the proposed use of the property or the period of time
such variance or special approval or permit shall be in effect. Such conditions
shall be consistent with the spirit and intent of the zoning ordinance or local
law, and shall be imposed for the purpose of minimizing any adverse impact
such variance, approval or permit may have on the neighborhood or
community.
9. Where the terms of this Ordinance require a matter to be referred to the
Planning Board for a recommendation before action is taken by the Board of
Appeals, the Board of Appeals shall not hear the matter unless and until the
Planning Board has reviewed the matter and recommended the action
affirmatively. The Planning Board shall act within 60 days of receipt of the
application. Failure to act within such time period shall be deemed an
affirmative recommendation unless the time to act is extended with the
117 applicant's consent. In the event the Planning Board recommends
3
BoardApp.11, wp51kith UocaLlaw, , 06126192 1-02PM
affirmatively, but with conditions, the approval of the Board of Appeals shall
include the Planning Board's conditions, plus any additional conditions the
Board of Appeals 'deems necessary.
10— Unless work has commenced in accordance with the variance or special
approval given by the Board of Appeals within one year from the issuance of
the building permit authorizing such work, or within eighteen months of the
granting of such variance or special approval, whichever is earlier, not only
the building permit but the variance or special approval shall expire and the
permissible uses and construction on the property shall revert to those in
effect prior to the issuance of such special approval or variance.
Section 2. 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 3. This law shall take effect immediately.
4
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
(Final adoption by local Iegislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 13 of 1992
of the (M§ XyXXE$9)(Town) U of ITHACA was duly passed by the
TOWN BOARD on ,TUNE 8, 1992 , in accordance with the applicable provisions of law.
Name of Legislative Body)
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 19
of the (County)(City)(Town)(Village) of was duly passed by the
Name of Legislative Body on 19and was (approved)(not disapproved)(repassed'after
disapproval) by the and was deemed duly adopted on 19
Elective Chief Executive Officer'" —'
in accordance with 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 19
the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
fame of Legislative Body
disapproval) by the on I9 Such local law was
Elective Chief Executive Officer"
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
19�1 in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19 Such local law was subject to
Elective Chief Executive Officer'
permissive referendum and no valid petition requesting such referendum was filed as of I9
in accordance with the applicable provisions of law.
Iective Chief Executive Officer means or includes the chief executive officer of a county elected on a
)unty-wide basis or, if there be none, the chairman 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.
(2)
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 19
of the City of having been submitted to referendum pursuant to
!fie provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
:f a majority of the qualified electors of such city voting thereon at the (special)(general) election held on
19_1 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 19
of the County of , State of New York, having been submitted to
the electors at the General Election of November 19_, pursuant to subdivisions S 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 of 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 appropritate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph I , above.
1
Clerk the County legislative body, City,Town or Village Clerk
or officer designated by Iocal legissative body
(Seal) Date: June 26, 1992
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF TOMPKINS
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of " I 1 law an exed hereto.
Sig702
ATTORNEY
Titl
Town of ITHACA
AM=
Date: June 26, 1992
(3)
Town Assigned Project ID Number Rev. 10/90
Town of Ithaca Environmental Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County ONLY
PART I - Project Information (To be completed by Applicant or Project Sponsor)
I Applicant/Sponsor.
2.
Law Town of Ithaca Town Board ocaprajec?TVw NO. 13 of 199 2
3. Precise Location(Street Address and Road Intersections,prominent landmarks,etc.or provide map):
Pr, Town of Ithaca, Tompkins County, New. York
Tax Parcel Number N/A
4. Is Proposed.Action: E]NEW EXPANSION MOD FiCATION/ALTERATION
5. Describe Project Briefly (include project purpose,present land use,current and future construction plans, and other
rel-e-want items):
(Attach separate sheet(s)if necessary to adequately describe the proposed project.)
6.. Amount of Land Affected: Initially-(0-5 yrs) Acres ' (6-10yrs) 0 Acres W 0 tjrs) 0
Acres
How is the Land Zoned Presently?
WIA
Will proposed action comply with existing zoning or other existing land use restrictions?
YES F0 NO � If no, describe conflict briefly: N/A
9. Will proposed action lead to a request for new:
Public Road? YES NO Q Public Water? YESF-'� NO Public Sewer? YES NO
10. WhaTTIS-theTpresent land use in the vicinity of the proposed project? []Residential Commercial
r I Industrial M Agriculture F7 Park/Forest/Open Space Other
Please describe:
N/A
11 Does proposed action involve a permit,approval,or funding,now or ultimately from any other governmental agency
(Federal, State,Local)? YES rN71 NO If yes,list agency name and permit/approyal/funding:
12. Does any aspect of the proposed action have a currentlu valid Permit or approval? YESNO
-- — -7
permit/approval. Also, state ;Whether�that permit/approvalwill❑Frequire modification.
If yes, list agency name'6�i and
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE-
7'�licant/Sppnsor Name (Print or Type): Town Board, Town of Ithaca
signature- Supervisor
Date: June 8, 1992
PART it - ENVIRONMENTAL ASSESSMENT (To be completed by the Town of Ithaca; Use attachments as necessary)-24- %
A. Does proposed action exceed any Type i Threshold in 6 NYCRR,Part 617.12 or Town Environmental Local Law?
YES� NO � If yes, coordinate the review process and use the Full EAF.
B. Will
E
posed action receive coordinated review as provided for unlisted actions in 6 NYCRR,Part 617.6?
YES NO ® (if no, a negative declaration may be superseded by another involved agency,if any.)
Could proposed action result in any adverse effects associated with the following:(Answers may be handwritten,if legible)
C1. Existing air quality,surface or groundwater quality,noise levels,existing traffic patterns,solid waste production
and disposal,potential for erosion,drainage or flooding problems? Explain briefly:
None anticipated.
C2. Aesthetic,agricultural, archaeological,historic,or other natural or cultural resources? Community or
neighborhood character? Explain briefly:
None anticipated.
C3. Vegetation or fauna,fish, shellfish or wildlife species,significant habitats,unique natural areas,wetlands,
or threatened or endangered species? Explain briefly:
None anticipated.
C4. The Town's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other
natural resources? Explain briefly:
None anticipated.
CS. Growth,subsequent development,or related activities likely to be induced by the proposed action? Explain briefly:
None anticipated.
p.
C6. Long term,short term,cumulative,or other effects not identified in Cl-CS?'Explain briefly:
None anticipated.
"77. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly
None anticipated.
rD. Is there, or is there likely to be, controversy related to potential adverse environmental impacts?
YES� L�..�•NO If yes, explain briefly:
E. Comments of staff , CAC Other El attached. (.Check applicable boxes)
PART 111 - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca)
Instructions: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise
significant. Each effect should be assessed in connection with its(a)setting(ie.urban or rural);(b)probability of
occurring; (c) duration;(d)irreversibility;(e) geographic scope;and(f)magnitude. If necessary,add attachments or
reference supporting materials. Ensure,that explanations contain sufficient detail to show that all relevant adverse
impacts have been identified and adequately addressed.
Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur.
Then proceed directly to the full EAF and/or prepare a positive declaration.
{-� Check this box if you have determined,based on the information and analysis above and any supporting documentation,
LJ that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attach-
ments as necessary,the reasons supporting this determination.
Town Board, Town of Ithaca
Name of Lead Agency Preparer's Signature If different from Responsible Officer)
Shirley Raffensperger, Supervisor
Name $c Tit]e o Responsible Officer in Lead Agency Signature of Contributing Preparer
� K
_ ;S ni n Ure of es onsible Officer in Lead A encu