HomeMy WebLinkAboutLL 24 of 1992 Procedures & Findings of Special Approvals Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 12231
(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.
FINAL
JI
ITHACA
Townof ........................................................................................................................
YMM
Local Law No. .24.............................................. of the year 19 .92
A locallaw" LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE REGARDING
LOCAL .............................................................................iawtl�b
Insert Title)PROCEDURES AND FINDINGS TO SPECIAL A�'PROAhS."
Be it enacted by the ....TOWN...B.OA.....RD.................................................................................................................of the
....... ......
(Name of Legislative Body)
of ....TOWN... .OF...IT.........HACA
Town ............................................................................................................as follows:
..... ... .....
TOWN OF ITHACA
LOCAL LAW NO. 24 OF THE YEAR 1992
A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE REGARDING
PROCEDURES AND FINDINGS RELATED TO SPECIAL APPROVALS .
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 :
1 . Section 46-A, subparagraph 2 is amended by adding the
following at the end thereof :
" In addition to the site plan determination set forth
above, if the Planning Board ' s recommendation is a
prerequisite to the granting of a special approval , the
Planning Board shall make the findings and
determinations relative to the. special approval- (as
opposed to those considerations related solely to site
plans ) in accordance with the provisions set forth
elsewhere in this Ordinance including , without .
limitation, sections 77 and 78 of this Ordinance . "
(If additional space is needed, attach pages the same size as this sheet, and number each.)
nn,.,)Tn rr, 7fon)
Local Law No. 24 / 1992
Page 2 .
2 . Section 77 , subdivision 7 of said Ordinance is amended by
adding two new subparagraphs to be (g) and (h) reading as follows :
" ( g ) Lot area , access , parking , and loading facilities
are sufficient for the proposed use .
(h) Natural surface water drainageways are not
adversely affected. "
3 . Section 78 , subparagraph 3 of said Ordinance is amended to
read as follows :
3 . The proposed change or use is in accordance with
a comprehensive plan of development of the
Town. "
4 . Section 78 is further amended by adding the following at
the end thereof :
" In addition, when making recommendations to the Board
of Appeals with regard to special approvals , the
Planning Board shall
4 . Make the same determinations as are required of
the Board of Appeals pursuant to Section 77 ,
subdivision 7 of this Ordinance; and
5 . Be empowered to recommend such reasonable
conditions as the Planning Board deems necessary
to protect the general welfare of the
community. "
Section 2 . If any provision of this local law is held invalid
by a 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 upon its
publication as required by law.
(Complete the certification in the paragraph that applies to the filing of this local Iaw and
strike out that which is not applicable.)
J. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 24 of 19 92
of the (QQvDt0Iy)(Town)('i0n" of ITHACA was duly passed by the
TOWN BOARD on DECEMBER 7 1992 , in accordance with the applicable provisions of law.
(Name of Legislative Boy
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 19_, and 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
of the (County)(City)(Town)(Village) of was duly passed by the
i
Name of Legislative Body on 19_1 and was (approved)(not disapproved)(repassed after
disapproval) by the on 19 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
.19in 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 19 ,
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 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
Iaws or ordinances.
(2)
5. (City local Iaw 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
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
r 19 , 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 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 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 1 , above.
Clerk of Yie County legislative body,City,Town or Village Clerk
or officer designated by local legilsative body
(Seat) Date: DECEMBER 14, 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
1, 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 the oc 'i law annexed hereto.
Signatu is
i'
TOWN ATTORNEY
Title"
1
Town
of ITHACA
Date: DECEMBER 17, 1992
(3)