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HomeMy WebLinkAboutLL 06 of 1991 Site Plan Approval for Certain Res Construction (Please Use this Form for Filing your Local Law with lite Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or undedioing to indicate new matter. Wof.....................Ithaca Town ................................................................................................. Local Law No..........................6..............................of tine year 19-9.1..... A local law...`MENDING THE TOWN OF ITHACA ZONING ORDINANCE REQUIRING ............................................................................................................I............................. {lwmt lith} SITE PLAN APPROVAL FOR CERTAIN CONSTRUCTION IN VARIOUS RESIDENTIAL DISTRICTS OF THE TOWN Ile it enacted by the .........................To...m Board.. ............ . .................»..................................... of the ............................................................ d L.St.l-rlve 11-dr) Wof.................. .IthacaTowa ......................... ..».................................a.................................................as follows: 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 II-A, Section 3C, subdivision 6, is hereby amended by deleting the last sentence thereof and inserting instead the following "The application for such approval shall be referred to the Planning Board and no final action by the Board of Appeals shall be taken until the Planning Board has reviewed at least a preliminary site plan and approved same. If the Zoning Board of Appeals approves same, and if only a preliminary site plan was approved by the Planning Board, the matter shall be returned to the Planning Board for final site plan approval. The site plan appromal process shall be as set forth in Article IX. No building permit shall be issued unless the proposed structure is in accordance with the final site approved by the Planning ' Board." 2. Article III, Section 4, is hereby attended by deleting subdivisions 3, 4, 5, 6, 7, 11, and 12 and inserting a new subdivision 3 reading as follows (If additional s nee is needed l4case ottnch sheets of the mune size ns this nod number Inch) "The following uses but only upon receipt of a special approval for same by the Board of Appeals in accordance with the procedures described below: kd Church ocother places of worship, convent and parish huuao, (b) Public library, public museum, public, parochial or private school, nursery school, daycare center, fraternity or sorority houses, and any institution of higher learning ,�zooudzng oozmirpzr axnmmovducio"s, (c) Publicly owned park or playground including accessory buildings and improvements. (d) Fire station or other public building necessary to the protection of or the servicing of a neighborhood. (e) Golf cmocee except a driving range, or miniature golf course. (f) Hospital, provided that no building so used shall be within IOO fest of any street or within 150 feet of the lot line of any adjoining owner. (g) Nursing or convalescent boma, or medical clinic. _- (h) The application for approval of any / of the foregoing uses shall be referred to the Planning Board and no final action by the Board of Appeals shall be taken until the Planning Board has reviewed at least a preliminary site plan and approved same. If the Zoning Board of Appeals approves same, and if only a preliminary site plan was approved by the Planning Board, the matter shall be returned to the Planning Board for final site plan approval. The site plan approval process shall be as set forth in Article IX. No building permit shall be issued unless the proposed structure is in accordance with the final site plan approved bythe Planning aoazd." 3. Article zzz, Section 4, subdivisions 8, 9, 10, l], 14, 15, 16, 17, 18, and 19, are renumbered subdivisions 4, S, 6, 7, 8, 9, lO, ll, 12, and l] respectively. 4. Article IV, Section ll, subdivisions 3, 4, 5, 6, and 7 are hereby deleted and the following new subdivision 3 inserted as follows: —� "The following usesbut only upon receipt nfa special approval for same bythe Board otAppeals in accordance with the procedures described below: (a) Church or other places of worship, convent and parish house. Page la (b) Public library, public museum, public, parochial and private schools, daycare center, nursery school,-and any institution of higher learning including dormitory (c) Publicly owned park ozplayground including accessory buildings and improvements. ~� (d) Fire station or other public building to the protection ofor the servicing ofa neighborhood. (e) Golf course, except a driving range, or miniature golf course. (f) The application for approval for any of the foregoing uses shall be referred to the Planning Board and no final action by the Board of Appeals shall be taken until the Planning Board has reviewed at least a preliminary site plan and approved same. If the Zoning Board of Appeals approves same, and if only a preliminary site plan was approved by the Planning Board, the matter shall be returned to the Planning Board for final site plan approval. The site plan approval process shall be as set forth in Article IX. No building permit shall be issued unless the proposed structure is in accordance with the final site plan approved by the Planning Board." 5. Article IV, Section lI, subdivisions 8, 9, lO, ll, and 12 are oombooad 4, 5, 6, 7 and 8 respectively. / 6. Article V, Section 18, is hereby amended by deleting subdivisions 3, 4, 5, �, 7, 10, and lI and inserting instead the following: "The following uses but only upon receipt ofu special approval for same by the Board of Appeals in accordance with the procedures described below: (a) Church or other place of worship, convent and parish house. (b) Public library, public museum, public, parochial and private schools, daycare center, nursery school, and any institution of higher learning iuoIod1o9 dormitory accommodations. (o) Publicly mmmsd park or playground including accessory buildings and imnpzovemeots. r (d) Fire station or other public building necessary to the protection of or the servicing of a neighborhood. (e) Golf course, except u driving range or miniature golf course. Page lb (f) b�I�o be « ~^ ^~ � ~ .~~^ �~^ within 100 feet from any street orwithin 150 feet of the lot line of any adjoining owner. (g) Nursing or convalescent bum, or medical clinics. (b) The application for approval of any nf the foregoing uses shall be referred to the Planning Board and no | final action bythe Board of Appeals shall be taken until the rIanolug Board has reviewed at least ^ preliminary site plan and approved same. If the Zoning Board of Appeals approves acmeand if only a preliminary site plan was approved by the Planning Board, the matter shall be returned to the Planning Board for final site plan approval. The site plan approval process shall be as set forth in Article IX. No building permit -,hall be issued unless the proposed structure is in accordance with the final site plan approved by the Planning Board. 7. Article V, Section 18, is bo±ber amended by renumbering subdivisions V, 9, 12, 13, 14, 15, 16, 17, and 18 to be subdivisions 4, 5, 6, 7, V, 9, lO, lI, and 13 respectively. D, This local law shall udv» affect upon its publication as required by law, Page Ic (Complete the certification in the paragraph which upplics to tbo 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 hereto,designated as local law No. ...6............of 1911, of thef.........I Tothaca.... Town .............was duly passed by the.................own....................,Board............................................. (Name of Legislative Body) On...............t'�arch 11, 19 91 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 ropossago after disapproval.) I hereby certify that the local law annexed hereto,designated as local law No.....................of 19........ County ofilia 'hewn of......................................was duly passed by the.............. ........... ..... ....................... (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 oil........................................................19........ , in accordance with the applicable provisions of law. 3. (Final adoption by referendum,) I hereby certify that thelocal low annexed hereto,des iguated as local law No................... of 19.......... County of the City ................................. of .....was duly passed b the Town Name of Legislative Body)..••••..•.•..••( ..•.••••••••••••••••••••• Village not disapproved Oil...................................................19........ and was approved by the............................................................... repassed of ter disapproval Elective Chief]Vxecutive Officer" on......................................................................19......... Such local law was submitted to the people by reason of a mandatory referenduni,and received'tile affirmative vote of a majority of the qualified electors voting permissive general thereon at the special election held on......................................................19........, in accordance with the app i- annual cable provisions of law, 4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting referendum.) 1 hereby certify that ilia local law annexed hereto,designated as local law No................... of 19......... County ofthe City of......................................was duly passed by the....,............ .......... ...................Oil Town (Name of Legislative Body) Village not disapproved ......................................................19........ and was approved by the.........................................................on repassed after disapproval Elective Chief Executive Officer a .............................................................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 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,I...........,.. 19........,in accordance witil the applicable provisions of law. OElective 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 or lite supervisor of a town, where such officer is vested with power to approve or veto local laws or ordinances. Page 2 5. (City local law concerning Charter revision proposed by petition.) I herebycertify that the local lanr annexed hereto,designated as local law No.....................of 19........ of the City of................................................................•.........lacing been submitted to referendum pursuant to the provisions of §3z of the Municipal Home Bute 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. b, (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto,designated as Local Law No.......of 19......of(lie County of ......................................... State of Now fork, having 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 [Ionic 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 tine 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 all appropriate certification.) 9W I further certify that.I have compared the preceding local taw 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. J Town MR�iiiiiiiiiiii�Clocks Date: March 12, 1991 (Seal' (Certification to be exeeded 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. ..... -/. ........... sipatare John C. Barney ....Town Attorney............ ....... .............. Title Date: j�l f1 Ithaca ........ ........:............. Town o[. Page 3