HomeMy WebLinkAbout1988 LL 09 - Permit Day Care Facilities i
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Ithaca
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Local Law No.: .»......»»9 of th4t eoa 19 88
Alocal law..AMENDING THE TOWN OF ITHACA ZONING ORDINANCE TO-PERMIT—DAY...0—im-2 tide)
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CARE FACILITIES IN RESIDENTIAL, BUSINESS AND INDUSTRIAL
ZONES
Be it enacted by-the ...»..... ...»».........». Town Board tir�a%iiit.:sant _»»»».»... .........................of.thc
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IF
of. ............................................»»»..Ithaca................»,>.».»», ._»..»»........................ as follows:
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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 I, Section 1, is amended by aging four new Subdivisions,
to be Subdivisions 40, 41, 42, and 43 reading as follows:
1140. A 'day care home' is a facility, hare, or other
establishment, other then a school, at which day care is
provided for hire for up to three children under the age of
sixteen years.
41. A 'group day care facility' is a facility, hcme, or other
establishment licensed by the New York State Department of
Social Services or certified by the Tompkins County
Department of Social Services, other than a school, at which
day care is provided for hire for more than three, but no
more than eight, children under the age of sixteen years.
42. A 'group family day care home' shall have the definition set
forth in Section 390 of the Social Services Law of the State
of New York, Subdivision 13(a) and shall be licensed by the
New York State Department of Social Services, or certified
by the Tompkins County Department of Social Services.
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43. A 'day care center' is a facility, home, or other
establishment licensed by the New York State Department of
Social Services or certified by the Tmpkins County
Department of Social Services, at which day care is provided
for hire, and which is not a school, day care ham, group
day care facility, or group family day care hcm."
2. Section 3C is amended by adding three more subdivisions to be
subdivisions 4, 5 and 6, reading as follows:
1'4. Day care homes.
5. Group day care facilities and group family day care hares
upon special approval by the Board of Zoning Appeals
pursuant to Section 77, Subdivision 7.
6. Day care centers upon special approval of the Board of
Zoning Appeals pursuant to Section 77, Subdivision 7. The
application for such approval shall be referred to the
Planning Board and no final action shall be taken until the
Planning Board has approved the site plan for the center and
submitted its report or has failed to so act within 30 days
of receipt of all required information."
3. Section 4, Subdivision 4, is amended to read as follows:
114. Public library, public museum, public, parochial or private
school, nursery school, day care center, fraternity or
sorority houses,..."
4. Section 4 is further amended by adding two more subdivisions to
be subdivisions 18 and 19 reading as follows:
"18. Day care homes and group day care facilities.
19. Group family day care hares upon special approval by the
Board of Zoning Appeals pursuant to Section 77, Subdivision
7."
5. Section 11, Subdivision 4, is amended to read as follows:
"4. Public library, public museum, public, parochial and private
schools, day care center, nursery school, and any
institution of higher learning including dormitory
accommodations, upon special approval..."
6. Section 11, is further amended by adding two new subdivisions, to
be subdivisions 11 and 12, to read as follows:
"11. Day care hares and group day care facilities.
12. Group family day care hares upon special approval by the
Board of Zoning Appeals pursuant to Section 77, Subdivision
7.11
7. Section 18, Subdivision 4, is amended to read as follows:
"4. Public library, public museum, public, parochial and private
schools, day care center, nursery school, and any
institution of higher learning including dormitory
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acccmnodations, upon special approval..."
8. Section 18 is further amended by adding two additional
subdivisions, to be subdivisions 17 and 18, to read as follows:
"17. Day care hcffes and group day care facilities.
18. Group family day care hcnes upon special approval by the
Board of Zoning Appeals pursuant to Section 77, Subdivision
7.
9. Section 27 is amended by adding three new subparagraphs to be
subparagraphs 4, 5, and 6 reading as follows:
N. Day care home or group day care facility.
5. Group family day care how upon the special approval of the
Board of Zoning Appeals in the same manner as if said
building was located in a Residence District R30.
6. Day care center upon special approval of the Board of Zoning
Appeals pursuant to Section 77, Subdivision 7. The
application for such approval shall be referred to the
Planning Board and no final action shall be taken until the
Planning Board has approved the site plan for the Center and
submitted its report or has failed to so act within 30 days
of receipt of all required information."
10. Section 36 is amended by adding a new subdivision, to be
subdivision 5, reading as follows:
........... "5. Day care centers upon special approval of the Board of
Zoning Appeals pursuant to Section 77, subdivision 7. The
application for such approval shall be referred to the
Planning Board and no final action shall be taken until the
Planning Board has approved the site plan for the center and
submitted its report or has failed to so act within 30 days
of receipt of all required information."
11. Section 43 is amended by adding a new subdivision, to be
subdivision 5, reading as follows:
"5. Day care centers upon special approval of the Board of
Zoning Appeals pursuant to Section 77, subdivision 7. The
application for such approval shall be referred to the
Planning Board and no final action shall be taken until the
Planning Board has approved the site plan for the center and
submitted its report or has failed to so act within 30 days
of receipt of all required information."
In the event that any portion of this law is declared invalid by a
court of competent jurisdiction, thevalidity of the remaining
portions shall not be affected by such declaration of invalidity.
This law shall take effect ten days after its publication, pursuant to
applicable provisions of law.
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(Complete the certification in the paragraph 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 hereto,designated as local law No. ......9.........of MO..
of the�of........Ithaca was duly passed by the.........-Town Board
Town .......................................................
(Name of Lagtslativs Body)
on...........Auust 8,...........19$8 in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,* !
or repassage after disapproval.)
I hereby certify that the local law annexed hereto,designated as local law No.....................of 19........
County
of the ToCitwn of......................................was duly passed by the.............. .... .. ... . .. ...........,.,.,.......
...( .t L ... .. .Body)..
(Nemo at Legislative Body)
Village
not disapproved
on..................................................19........ and was approved by the
repassed after disapproval Elective Chief Ezecutive OEtieer
and was deemed duly adopted on.........................,..............................19........ , in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designatedas local law No................... of 19..........
County
of the City of......................................was duly passed by the............... ..........................
. ...... . .. .
Town (Name of Legislative Body)
Village not disapproved
on...................................................19........ and was approved by the...............................................................
repassed after disapproval Elective Chief$xecutive Officer
i
on......................................................................19........ Such local law was submitted to the pdople by reason of a
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 accordance with the appli-
annual
cable provisions of law.
4. (Subject to permissive referendum,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
or the City of...............:.
.....................was duly passed by the.....:..........................................................................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 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
n legislative body,the mayor of a city or villa a or the supervisor of a town,
or,!f there be pone,We chairman a[We county leQisia iv Y. Y h' i
where such officer is vested with power to approve or veto local laws or ordinances.
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5. (City.loeal law concerning Charter reclsloa proposed by petition.)
1 hereby certify that the local law annexed hereto,designated as local law No.....................of 19........
of the City of..........................................................................haviug been submitted to referendum pursuant to the
provisions of 36 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 specialgeneralelection held on........................•....•....
................19............became operative.
b, (County local law concerning adoption of Charter.)
w; I hereby certify that the local law annexed hereto,designated as Local Law No.......of 19......of the
County of ......................................... State of New fork, having been submitted to the Electors at the
General Election of November........... 19...........pursuant to siibdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law,aud having received the affirniative 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 appropriate
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. -
, mac.-/.�-zt-s-�''�--'
Town M�Clerk aM
Date: August 9, 19$$ .
tfkt
P (�
(Seal)
I
(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 local law annexed hereto.
1..
siputure John C. Barney
.... Town AttorneX.................
.... ..........'Hite
Date: �J,Fj �� ��g�
War...........Ithaca.... ........
........................
Town
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