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Home My WebLink AboutLL 04 of 1991 Procedure for Site Plans (Please Use this Fornl for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being clinduated and do not use italics or undedining to indicate new matter. 01of...........................Ith.............aca.................................................................................... Town M LocalLaw No........4................................................of the year 19 91..... A local law...AMENDING THE T014N OF ITHACA ZONING ORDINANCE RELATING TO .................... .............................................................................................. (lw.mtrmis) PROCEDURES FOR SITE PLANS Be it enacted by the ............................Town Board...... ......,.......»...........................................of the (flans of Ls4lelatlts near) Ithaca as follows; Townof....................................................................................................................................................... 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 IX, Section 46-a, subdivision 1, is amended by changing the first sentence to read as follows: "1. After a Residence District R5, Multiple Residence, Business, Light Industrial or Industrial District, or any other Special Land Use District, has been established by the Town Board and whenever a specified development'or changes in the general plan are proposed, or whenever a site plan is required by any other provision of this ordinance, a site plan for the proposed use must be submitted and approved by the Planning Board before a building permit may be issued..." 2, Article IX, Section 46-a, subdivision 2, is amended by deleting the second sentence thereof. 3. Article IX, Section 46-a, subdivision 3, is amended to read as follows: (If additional space is needed )lease attach sheets of the same size as this and number each) "3. Upon yubmioaioo of a final site plan, the Planning Board shall approve or disapprove the final site plan. The owner shall be bound by the final site plan as approved by the Planning Board.11 4, Article IX, Section 46-p is further amended by adding a new subdivision 4 reading an follows: _ "4. If at any time subsequent to the approval of the final site plan, the owner shall wish to change the site plan as approved, an application with the revised site plan prepared in accordance with the requirements of this ordinance shall be submitted to the Planning Board for the Planning Board's approval. In reviewing such application for a modified site plan the Planning Board shall have all of the powers it has with respect to reviewing an original application for site. plan approval. Notwithstanding the foregoing, if the modification involves (a) construction ozalteration of less than 1,000 square feet of enclosed space whether on one or more stories; and (b) construction or relocation of Ieae than 3 lmz±iog spaces; and (c) construction, repairs, alterations, or renovations affecting the exterior ofabuilding the site, (exterior vxnk in anticipated to cost less than $10,000), and (d) enlargement of an existing that involves an increase f square footage of less than lO% of the existing square footage of the existing building/ and (a) does not alter proposed traffic flows and access; and (f) does directly violate conditions inrpneedbythe Planning Board ingranting prior site plan approval, or if the modification involves (a) amcmenent or shift of a location of nue or more buildings not more than two feet in any direction from the location obcwm of the final site plan; and (b) such shift does not alter proposed traffic flows or access; and .-_. (c) such shift does not directly violate any express conditions (including, limitation, buffer zones, setbacks, etc.) imposed by the Planning Board in granting prior site plan approval, then such modification may be made without requiring approval of Page la the modified site plan by the Planning Board. This waiver of the requirement of Planning Board approval is not intended to permit construction in violation of any other provision of the Zoning ordinance including setback, side yard, and similar regulations, or the requirement to obtain a building permit in those circumstances when otherwise required by the terms of this ordinance. 2. This law shall take effect upon its publication as required by law. Page lb (Complete the certification in the paragrapll which applies to the filing of this local law and strike out the matter therein which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hercto,designated as local law No. ...A...........of 19.21 of the of.........I f!Fa Town Board Town ..............was duly passed by the................................................................................... (Name o{Lcgiaiative Body) am on , 14arch 11: 19 9 in accordance with the applicable provisions of law. 2. (I'assago by local legislative body with approval or no disapproval by EloctIvo Chief Executive Officer," or repassago after disapproval.) 1 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 ...E.l.............Cht.e,..[..Eitoo...-....t.(...ve.O....f..ficee...r...... repassed after disapproval ect(ve andwas deemed duly adopted on........................................................19........ , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) 1 hereby certify that the local low annexed hereto,designated as local law No................... of 19.......... County Cit of the Town of......................................was duly passed by thq........................ .............................................................. (Name of Legi-lative Body) Village not disapproved on...................................................19........ and was approved by the............................................................... repassed after disapproval Elective Chief Executive officer* on......................................................................19........ Such local law was submitted to the people by reason of n mandatory referendum,and received the affirmative vote of a majority of the qualified electors voting permissive general thereon at the special election held on......................................................19........, in nccordance with the appli- annual cable provisions of law. 4. (Subject to permissive referoudum,and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto,designated as local law No................... of 19.......... County of the City of......................................was duly passed by the................. ...................on Towle (Name of Legi-lative Body) Village not disapproved ......................................................19........ and was approved by tile.....lect.......hlet......cuti,...Offi...........on repassed after disapproval Elective Cldef 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 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 nonce,the chairman of the county legislative body,the mayor of a city or village or file supervisor of a town, when such officer is vested with power to approve or veto local laws or ordinances. Page 2 5. (City local law concerning Charter rcvisloa proposod by petition.) I herebycertify that the local lazy antic xed hereto,designated as local law No.....................of 19........ of the City of..........................................................................having been submitted to referendum pursuant to the provisions of§3z of the Municipal Ilonie Rule 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 tiee County of ......................................... State of New fork, It 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 the qualified electors of(lie cities of said county as a tacit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said goneral election,became operative. (if any other authorized form of final adoption has been followed, please provide on appropriate certification.) JW 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. Town Cloik w Date: March 12, 1991. (Seal) (Certification to he 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 local law annexed hereto. . ::. �Ll�?��r....... Stpature John C. Barney Town Attornev ........ ................................. TWO Date: C �� ..........Ithaca..................................... Wof Page 3