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HomeMy WebLinkAboutLL 07 of 2002 Ithacare Pavilion & Amend Site Plan Approval Process.pdfTOWN OF ITHACA ^LOCAL LAW NO.7OF THE YEAR 2002 A LOCAL LAW TO AMEND THE ZONING ORDDsTANCE TO ALLOW ITHACARE TO CONSTRUCT A PAVILION AND TO MODIFY THE REQUIREMENTS RELATING TO PLANNING BOARD AND TOWN BOARD APPROVAL OF MODMCATIONS TO SITE PLANS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. LocalLawNo. 1of the year 1994 establishing Special LandUseDistrict (Limited Mixed Use)for the Ithacare Senior Living Community on Danby Road is hereby amended as follows: 1.Section 2 (b)is amended by renumbering subparagraphs (ii)through (v)tobe (iii) through (vi)andby adding a new subparagraph (ii)reading as follows: "(ii) One pavilion not exceeding three thousand (3000)square feetin size." 2.Section 2 (b)newly renumbered subparagraph (iii)is amended toreadas follows: "(iii)accessory buildings suchasstorage sheds,pavilions (in addition to the ,pavilionauthorizedin subparagraph(ii)above),gazebos,andother similar small buildings provided that no single building (other than the pavilion permitted by subparagraph (ii)above)exceeds more than 200 square feet in size and provided further that the size and location of each such buildingis approvedby thePlanningBoard." 3.Section 5 is deleted,andanew Section 5 inserted reading as follows: "5. In accordance with the provisions of the Zoning Ordinance,a final site plan shall be submitted toand approved bythe Town of Ithaca Planning Board before issuance of any building permits.Asite plan that has received final site plan approval may be modified upon the application ofthe owner tothe Planning Board for such modification. Such application shall be in accordance with the provisionsof thislocallaw and theprovisionsof theZoningOrdinanceand the procedures applicable to such application shall bethe same asare applicable toan initial application forsiteplan approval asset forth inthe Zoning Ordinance. Notwithstanding the foregoing.Planning Board approval of a modification shall not be required (a)If the modification does not involve ^(i)construction ofan addition of more than 1,000 square feet Itltacare LocalLawAmendment;JCB Ithaca Local Laws; Hal; November 12,2002 (9;18AM} ^of enclosed space attached toa residential building whether on one or more stories (provided such construction is in accordance with the height limitations and other requirements ofthislocallaw andtheZoning Ordinance); nor (ii)construction or relocation of more than3 parking spaces nor construction or relocation of any parking spaces to an areathatis not adjacent tothe original planned parking area;nor (iii)construction,alterations,or renovations affecting the exterior of a building or the site anticipated to cost more than $20,000.00;nor (iv)construction,alteration,or renovation of the interior of a building involving a change in occupancy or use; nor (v)enlargement ofan existing or previously approved building that involves an increase of square footage of more than 15%of the existingsquarefootageof theexistingor previously approved building;nor (vi)Reduction of an existing or previously approved building that involves a decrease of square footage of more than 15%of the exiting or previously approved building;nor (vii)alteration of traffic flows and access nor a significant increase in the volume of traffic;nor (viii)a significant (inthe judgment ofthe Director of Planning) change in the aesthetic appearance of any structure or site plan element includinglandscape andlightingdetails from that presented at the time of the prior approval;nor (ix) a changein the impacts ofthe project on surrounding properties,suchasan increase in noise,water run-off,light illumination,or obstructions to views;nor (x) violationof anyexpressconditions (including,without limitation,bufferzones,setbacks,andsimilarrestrictions) imposed by the Planning Boardin granting priorsiteplan approval,or (b)If the modification does not involve a movement or shift of a location of r / Ithacare LocalLaw Amendment;JCBIthacaLocalLaws;Hal;November12,2002 (9:ISAM) oneor more buildings morethan two feet laterally orsix inches vertically from the location or elevation shown onthefinalsiteplan where (i) suchshift doesnot alter proposed trafficflowsor access;and (ii) suchshiftdoesnot directly violate anyexpress conditions (including,without limitation,bufferzones, setbacks,etc.) imposed bythe Planning Board in granting priorsiteplan approval. The numerical criteria forthe exceptions from the requirement of obtaining PlanningBoard approval arean aggregate maximum (i.e.if a700squarefoot additionis constructed withoutobtaining Planning Board approval pursuant to subparagraph (a)(i)above,construction of asecondadditionlargerthan300 squarefeet would require Planning Board approval of a modified site plan). This waiver of the requirement of Planning Board approval is not intendedto permit construction in violationof anyotherprovisionof this locallaw norof the Zoning Ordinance includingheight,setback,sideyard, and similar regulations, nor the requirement to obtaina buildingpermitin those circumstances when otherwise required by the termsof thislocallaw,the ZoningOrdinanceorthe Building Code. A demolition,ora proposed demolition,ofan existing building,orofa previously approved building on a previously approved site plan, is a modification of a site plan subject to the terms of this section." Section 2. If any provision of this lawis found invalid byanycourtof competent jurisdiction, such invalidityshallnot affect any other provisionsof this local law whichshall remain in full force and effect. Section3. This locallawshalltakeeffectuponits filing withthe Secretary of State of the State of New York or publication of same or an abstract of same inthe official newspaper, whichever occurs later.