HomeMy WebLinkAboutLL 01 of 1991 Amortization of Certain Non-Conforming Uses (Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not hiclude matter being
elimhiated and do not use italics or undedhring to lndicate new matter.
Townof............................. thaca,.»».,,,»».„,»..,,.,,,»....»»».»...........................»»»..
Local Law No............... ..»....................................of the year 19
A local law....AM..................................................ING THE TOWN OF ITHACA ZONING ORDINANCE PROVIDING
.....................................................................»...............................................
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FOR THE AMORTIZATION OF CERTAIN NON-CONFORMING USES.
Town Board
Be it enacted by the ................................... ..... ...... . . ..................»..,...................................of the
iii«e:d ion%lailve Body)
spof.............................................................I.t.h.a.c.a......................................................... ..........as follows:
Town
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. Article XII, Section 52, is hereby amended to read as follows:
"Section 52. Continuation of Existing Lawful Uses. Except as
provided in Sections 53, 54, 55, 56, 56A, and 73, any lawful use
of land or a building or a part thereof, existing at the time of
this ordinance as amended may be continued, although such
building or use does not conform'to the provisions thereof."
2. Article XII is amended by adding a new section, to be Section
•56A, reading as follows:
l ; "Section 56A. Amortization of Certain Non-Conforming Uses.
1. Notwithstanding any other provisions of this Ordinance
and in an effort to provide for generallyuniform
limitations regarding residential occupancy throughout the
residential districts of the Town, the non-conforming
I1 additional space is needed lease attach sheets of the some size its this and number each}
occupancies referred to in this section shall be terminated
as set forth below.
2. This section shall apply to residential occupancies in
residential districts R5, R9, R15, R30, Multiple Residence,
and any special land use districts which include occupancy
of dwellings as a permitted use.
3. on and after March 1, 2006, notwithstanding whether a
valid non-conforming use or occupancy existed at the time of
the enactment of this Zoning Ordinance, or at the time of
any amendment to this Ordinance limiting occupancy, no
dwelling unit shall be occupied except in the manner
specifically permitted by the applicable provisions of this
Ordinance and any non-conforming occupancy in a dwelling
unit which may have existed prior to the date of the
enactment of this section shall be terminated.
4. The limitations imposed by this section shall not apply
to buildings for which variances from the occupancy
requirements of this Ordinance have been granted by the
Board of Appeals, either before or after the enactment of
this section.
5. A non-conforming use due to be terminated pursuant to
this section may be extended upon application for a special
permit for such extension from the Board of Appeals. Such
permit shall not be granted unless the applicant establishes
and the Board of Appeals finds that, notwithstanding the
fifteen year period for amortizing a non-conforming use
provided for in this section, termination of the
non-conforming use would cause serious financial harm to the
property owner not balanced or justified by the advantage to
the public in terms of more complete and effective zoning
accruing from the cessation of such use. In making this
determination the Board shall consider, among other factors
(including the factors set forth elsewhere in this Ordinance
relating to the issuance of special permits or approvals),
(i) the nature of the non-conforming use; (ii) the cost of
converting to a conforming use; (iii) the amount of
investment that existed in the property on the date of the
enactment of this section; (iv) the detriment caused by the
non-conforming use; (v) the character of the neighborhood;
(vi) the ability of the landowner to have amortized the cost
of the landowner's investment over the fifteen years
provided between the enactment of this section and the
required termination of such use; and (vii) whether an
additional reasonable amount of time is needed by the owner
to amortize the owner's investment. In making its
determination the Board shall disregard, as irrelevant, any
costs for purchase of a non-conforming building or property
or costs to repair, maintain, improve or enlarge a
non-conforming property, incurred after March 1, 1991. If
the extension is granted, the Board of Appeals shall set a
fixed additional period for the extension of time before the
non-conforming use must be terminated."
3. This law shall take effect upon its publication as required by
law.
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(Complete the certification in the paragraph which applies to the filing of this local low and strike out the
matter therein which Is not applicable.)
1. (Final adoption by local legislative hody only.)
I hereby certify that the local law annexed hereto,designated as local law No. .......1.........of 19.91.
of theof Ithaca Town Board
Town ....................was duly passed by the...................................................................................
(Name of Legislative Body)
On,,,Januar 7: 1991„ in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,''
or repassago after disapproval.)
hereby certify that the local law annexed hereto,designatedas local law No.....................of 19........
County
ofthe City of......................................was duly passed by the ........................................................
Town (Name of Legislative Body)
Village
not disapproved
on..................................................19........ and was approved by the....................,.............................
.....
repassed after disapproval Elective Chief Executive officer
and was deemed duly adopted on........................................................19........, in accordance with the applicable
provisions of law.
3. (FInal adoption by referendum.)
hereby certify that the local low annexed hereto,designated os local law No................... of 19..........
County
of the City of......................................was duly passed by the............... ..........................
Town (Name of Legislative Body)
Village not disapproved
on...................................................19........ and was approved by the...............................................................
repassed after disapproval Elective Chief cmacutive Officer
on......................................................................19........ Such local law was submitted to the people by reason of a
mandatory referendum,and received'the affirmative vote of a majority of Life qualified electors voting
permissive
general
thereon at the special election held on......................................................19........, in accordance with the appli-
annual
cable provisions of law.
4. (Subject to permissive referendum,aud final adoption because no valid petition filed requesting
referendum.)
1 hereby certify that the local law annexed hereto,designated as local law No................... of 19.,.......
County
City was duly passed by the..................
of the of...............:..................... ........................,.....................................on
Town
(Name of Legislative Body)
Village not disapproved
......................................................19........ and was approved by the.........................................................on
repassed after disapproval Elective Chief Executive Officer*
..........................................................19......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
............„........................................................ 19........, in accordance with Life applicable provisions of law.
*Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a countywide basis
or,if there be none,the chairman of the county legislative body,the mayor of a city or village air the supervisor of a town,
where such officer Is vested with power to approve or veto local laws or ordinances.
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5. (Cite 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 the
provisions of 3T of the Municipat home lute Law,and having received the affirmative vote of a majority
of the qualified electors of such city voting thereon at the special election held on..............
general
................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 fork, hiving been submitted to the Electors at the
General Election of November........... 19...........pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the affirmative vote of a majority of tine 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.
(It any other authorized form of final adoption has been followed, please provide oil appropriate
certification.)
p" I further certify that.1 have compared the preceding local law with Lite 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.
Town Clork A
Date: January 8, 1991
(Seal)
(Certification to he exocuted by County Attorney, Corporation counsel,Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY O ...............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 local law annexed hereto.
Barney
Town Attorney
....... ....,. ............
/ Tiue
Date: 3�J�`( R/
Ithaca
of...............................................................
Town
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