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HomeMy WebLinkAbout1987 LL 15 - Adopt NYS Uniform Fire & Bldg Code 3i (Please Use this Form for Filing your 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 ..,�.�G Town of.........».....».....:..........»........»._».....»...............,...,.. .»...» ». ..,..,»...».... Local Law No.............. 15»...»:_»»_»...».».._»of.dw-7ea r 19..»$�... ;t!Deet law..TO AMEND THE ZONING'' ORDINANCE IN CERTAIN ADMINISTRATIVE ......»........... . ....»...»..»». .....».»» »....»............................................... MATTERS AND TO REFLECT THE ADOPTION. OF THE NEW YORK UNIFORM FIRE PREVENTION AND BUILDING CODE Be it enacted by•the ...»».....................»Town-I3;oard...... »..»..»,»...»,.»»..,...............................Of.lilt., (Neat 4 LVOINl„sirs WO•• of........»......».................................................Ithaca......»....»..... ».».»»»...».».»..................... as follows: Town "�''� The Zoning Ordinance of the 'Down of Ithaca as readopted, amended, and revised effective February 26, 1968, • and subsequently amended, be further amended as follows: 1: Article XIV, Section 75, first paragraph is amended' to read as follows: "Section 75. Permit to Build. No principal building or accessory building, nor any other structure, including but not limited to, tanks, power and pump stations, swimning pools, and signs (except as permitted by the `town of Ithaca Sign Law) , in any district shall be begun, erected, constructed, enlarged, inproved, renovated, repaired, or altered, without a permit to build issued by•the person designated by, the Town Board, except that'no building permit shall be required for repairs, alterations, or renovations, to existing buildings provided that the repairs, alterations, or renovations 1. cost less than $10,000.00; 2. do not materially affect structural features of the -building; 3. do not affect fire safety features such as smoke detectors, sprinklers, required fire separations and exits; (If additional space is-needed, please attach sheets of the snme size as this and number each 4. do no involve the installation or extension of electrical, plumbing, or heating systems; and 5. do not include the installation of solid fuel burning heating appliances and associated chimneys and flues. No such permit shall be issued, except pursuant to written order of the Board of Appeals, where the proposed construction, alteration or use would be in violation of any provision of the Ordinance. No such permit shall be issued, except pursuant to written order of the appropriate authority granting variances where the proposed construction, alteration or use would be in violation of any provision of the New York State Uniform Fire Prevention and Building Code or any successor statute. 2. Article XIV, Section 76, first paragraph, is amended to read as follows: "Section 76. Certificate of Occupancy. A Certificate of Occupancy shall be required for all work for which a building permit is required to be issued under this Ordinance or under any other Ordinance or Local Law of the Town of Ithaca or under the New York State Uniform Fire Prevention and Building Code or any successor statute. Further, a Certificate of Occupancy shall be required for all buildings which are converted from one general occupancy classification to another and such classifications are defined in part 701 of Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York, or any successor rules or regulations. The issuance of building permits and Certificates of Occupancy shall be governed, in addition to the requirements of this Ordinance, by the requirements of the New York State Uniform Fire Prevention and Building Code, the rules and regulations promulgated thereunder, and any similar or successor statutes, and in accordance with the requirements of any laws, ordinances, rules or regulations of the Town of Ithaca including, without limitation, Local Law No. 1 of the year 1981 as the same has been subsequently amended. 3. This local law shall take effect upon its filing with the Secretary of State or twenty days after its adoption, whichever is later. Page la 11229 (Complete the certification in the paragraph whfeh applies to the tiling of this local law and strike out life 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. ......U......of 19 87., of the Emofwas duly passed by the T .............own. ....Board ................. ..........d Town (Name of Legislative Body) on........0ctober.5,,,,,,,,,,,,,,19,,,,$7 in accordance with the applicable provisions of Iaw. 2. (Passage by local legislative body will'approval or no disapproval by Elective Gillet Executive Officer,* or repassage after disapproval.) 1 hereby certify that the local law annexed hereto,designatedas local law No.....................of 19........ County of the City ' of......................................was duly passed by the................. ..................,....... ,.own (Name or LetialaUve Body) ' Village not disapproved on.................................................19........ and was approved by the .. ...,...... ,. ................ .......*.. repassed after disapproval Eleet[ve Chief Executive Ufticer 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 liereto,designated as local law No................... of 19.......... County of the City of......................................was duly passed by the....................................,..,.............................................. Town (Name of Legislative Body) Village not disapproved ..................19........ and was approved by the............................................................... Oil................ Elective Chief T.Xecutiva officer* repassed after disapproval 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 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 roferondunl,and final adoption because no valid petition filed requesting referendum.) ed hereto,designated as local law No................... of 19........,. I hereby certify that the local law anuex County of the Cit of........................... ..was duly passed by the................................................................................on City """"' (Name of Legislative Body) Town • Village not disapproved C »............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 sucli referendum having been filed,said local law was deemed duly ndopted on ........................................ 19........, in accordance witli the applicable provisions of law. •Elcctive 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 vitlsge or the supervisor of a town, when such officer Is vested with power to approve or veto Jaen!laws or ordinances. Page 2 227 S. (City local law concerning Charter recision proposed by petition.) I hereby certify that the.local law annexed hereto,designated as local law No.....................of 19........ ofthe City of..........................................................................having been submitted to referendum pursuant to the provisions of §3z of the Municipal}tome Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the special general ecialgeneral 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 Mi ni- cipal Home Rule Law,und having received the affirnnative 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.) W 1 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. 7I l�R Town�Cto(k is Date: October 8, 1987 (Seal) (Certification to be executed by County Attorney, Corporation counsel,'rown Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF...,Tomkins..................... 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. zo: - ............. sisnatare John C. Barney ..... ....TWA WaRKI gY.................. Title Date: r Ithaca Town Page 3 1416.4(2187)—Text 12 ANAL PROJECT I.D.NUMBER 617.21 SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FG"%"Ak For UNLISTED ACTIONS Only APART I—PROJECT INFORMATION(ro be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Town of Ithaca Lncal Law No- 1987 3. PROJECT LOCATION: Municipality Town of Ithaca County Tompkins 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) Town of Ithaca 6. IS PROPOSED ACTION: C3 Now El Expansion R)iAodificationialteration 6. DESCRIBE PROJECT BRIEFLY- Local Law to Amend the Zoning Ordinance in Certain Administrative Matters and to reflect the Adoption of the New York State Uniform Fire Prevention and Building Code 7. AMOUNT OF LAND AFFECTED: Town of Ithaca Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? x0yes 0No If No,describe briefly Ji 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 11 Residential D Industrial M Commercial 13 Agriculture El Park/Forest/Open space 0 Other Describe: all land uses in Town of Ithaca 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCM.)?XMYes C3No It yes,list agency(s)and permit/approvals To be filed with N.Y.S. Secretary of State 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID'PERMIT OR APPROVAL? Yes ONo if yes,list agency name and permlVapproval As authorized under NYCRR Title 19 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? )Q Yes (:]No As propo-pd I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantleponsor name: Town of Ithaca Date: Oct. 5. 1987 —7-1 Signature: If the action is in the Coastal Area, and you are a state agency,complete the Coastal Assessment Form before proceeding with this assessment OVER ............... PART II - Environmental Assessment - A Local Law to Amend the Zoning Ordinance in Certain Administrative Matters and to Reflect the Adoption of the New York State Uniform Fire Prevention and v Building Code. A. Action is Unlisted. B. Action will not receive coordinated review. C. Could action result in any adverse effects on, to or arising from the following: Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Not expected. Action itself does not involve any physical alterations to the environment. Actions exempt from the building permit requirement would generally be Type II actions, not likely to have a significant adverse environmental impact. C2. Aesthetic, agricultural, archeological, historic, or other natural or cultural resources, or community or neighborhood character? Not expected, for the reasons stated in Cl above. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered P species? o Not expected, for the reasons stated in Cl above. C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? No significant adverse impact is expected with respect to these considerations. This amendment to the Zoning Ordinance is pursuant to Title 19, NYCRR Paragraph 444, "Uniform Code: Minimum Standards for Administration and Enforcement". This amendment would remove the current exemption of accessory agricultural buildings from requiring a building permit, resulting in more thorough application and enforcement of the Zoning Ordinance and the N.Y.S. Uniform Fire Prevention and Building Code. The definition of repairs, alterations, and renovations in any zoning district which are exempt from requiring a building permit is more fully expanded in this amendment. Requirements for obtaining a certificate of Occupancy are also more fully defined. A beneficial impact is expected from this amendment, with respect to compliance with the requirements of the N.Y.S. Uniform Fire Prevention and Building Code, and with respect to enhanced application and enforcibility of the Zoning Ordinance. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Not expected, provided that any construction in increments �� each below the $ 10,000 maximum for construction or alterations is monitored. C6. Long term, short term, cumulative, or other effects not identified in Cl-05? Not expected. C7. Other impacts (including changes in use of either quantity or type of energy)? Not expected. D. Is there, or is there likely to be, controversy related to potential adverse environmental impacts? No controversy is currently anticipated. PART III A negative determination of environmental significance is recommended for this action, which is an improvement of provisions for construction and use enforcement and administration. Lead Agency: Town of Ithaca Town Board Reviewer: Susan C. Beeners, Town Planner Review Date: October 5, 1987 t