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HomeMy WebLinkAboutLL 16 of 1991 Abandonment of Non-Conforming Uses NEW YORK STATE DEPARTMENT OF STATE I :al Law Filing 162 WASHINGTON AVENUE, ALBANY, My 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. Ithaca TownTown of ........................................................................................................................ Local Law No. ..................16............................... of the year 19 .... A local law ...AMENDING THE TOWN OF ITHACA .ZONING ORDINANCE REGARDING * ABANDONMENTNON-CONFORMING Be it enacted by the ....................................Town Board .........of the (Name of LegislativeBody) of .............................................................Ithaca Town .....................................................................................as follows: The Zoning Ordinance of the Town of Ithaca as readopted, an-ended and revised effective February 26, 1968, and subsequently amended, be further amended as follows: 1. Article XII, Section 53, is amended to read as follows: "SECTION 53. Abandonment of Use. A non-conforming use that has been discontinued for a period of one year shall not be re-established and shall not be replaced by another non-conforming use. Thereafter the use shall be in conformity with the provisions of this ordinance. Notwithstanding the foregoing, a non-conforming use that ceases to operate because of a national emergency or because of temporary government restrictions may be resumed within a period of one year from the time that such emergency terminates or such restrictions are removed. 2. This local law shall take effect upon its publication as required by law. (If additional space is needed, attach pages the same size as this sheet, and number each.) )OS-239 (Rev- 7/90) (Complete the certification in the paragraph that applies to the filing of this local law and strike out that 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. 16 of 19 91 of townallof Ithaca was duly passed by the Town Boar on Cto er , 19_, in accordance with the applicable provisions of law. (Name of Legislative Body 2. (Passage by Iocal 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)(Villace) of was duly passed by the on 19_, and was (approved)(not disapproved)(repassed after (Name of Legislative Body disapproval) by the and was deemed duly adopted on 19_ Elective Chief Executive Officer' ii', -cordance 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 on 19_, and was (approved)(not disapproved)(repassed after tiame of Lzgistative Body) 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)(annunl) election held on 19_, 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, designnted as local law No. _ of 19 of the (County)(City)(Town)(Villase) of was duly passed by the on 19 , and vas (approved)(not disapproved)(repassed after lie of Legislative Body d )proval) by the on 19_ Such local laky w•ns subject al Elective Chief Executive Officer' permissive referendum and no valid petition requesting such referendum was filets as of 19_ in accordance with the applicable provisions of law. 'Electi.e Chief Executive Officer means or includes the chief executive officer of a county electro on a county-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city or r'illage, or the supervisor of a town where such officer is vested with the Mower to approve or veto local laws or ordinances. (2) 5. (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 Citv 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 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.) irther 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 chole of such original local lain, and was finally adoptecl in the manner indicated in paragraph 1 , above. own Clerk (Seat) Date: October 11 1991 (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 ToLnp ins I, the undersigned, hereby certify that the foregoing local law contains the correct test and that all proper p, ceedings have been had or taken for the enactment of the local law nn sed hereto. Signature John C. Barney wn Attorney Title or of Ithaca Town -- _1 Date: (3)