HomeMy WebLinkAboutLL 06 of 2020 New Neighborhood Code Amend Ch 270 ZoningTOWN OF ITHACA
215 N Tioga St, Ithaca, NY 14850
Phone: 607-273-1721 ® Fax: 607-273-5854
www.town.ithaca.ny.us
Town Clerk: Paulette Rosa
Deputy: Becky Jordan I&Lc[qLj@�jQy�11.J.1ta g,,n ,us
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Novernber 20, 2020
State Records Unit
Departrnent of State
One Commerce Plaza, 99 Washington Ave,
Albany, NY 1223 1
To Whom It May Concern,
Enclosed please find Town of Ithaca Local Laws 5, 6 and 7 for the year 2020:
5) A LOCAL LAW ADDING C[IAPTER 272 TO THE TOWN Of ITHACA CODE, Tll'LED
"NEW NEIGHBORHOOD CODE"
6) A LOCAL LAW ADDING NEW NEIGHBORHOOD CODE REFERENCES TO ITHACA
TOWN CODE CI-IAP`f'ER 270, ZONING
7) A LOCAL LAW ADDING NEW NEIGHBORHOOD CODE REFERENCES TO
iTFIACATOWN CODE CHAPTER 234, SUBDIVISION OF LAND
Please contactt, me if You have any questions.
Sincere
Paulette Rosa
Town Clerk
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Local Law Filing Albany, at 12231-0001
www.dos.state.ny.us/carps
(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.
[]County ❑City ❑Town ❑Village
(Select one.)
of Ithaca
Local Law No. 6
of the year 2020
A local law A LOCAL LAW ADDING NEW NEIGHBORHOOD CODE REFERENCES TO ITHACA
(Insert 7we)
TOWN CODE CHAPTER 270, ZONING
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑County ❑City ®Town ❑Village
(Select one.)
of Ithaca as follows:
See attached.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -0239 -f -I (Rev. 06112) Page 2 of 4
(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.
the (County)(City)(Town)(Village) of Ithaca
Town Board on November 9
(Name of Legislative Body)
provisions of law.
6
of 2020 of
was duly passed by the
2020 , in accordance with the applicable
2. (Passage by local 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 20 of
the (County)(City)(Town)(Village) of was duly passed by the
(Name of Legislative Body)
(repassed after disapproval) by the
on
(Elective Chief Executive Officer*)
20 , and was (approved)(not approved)
on 20m, in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
and was deemed duly adopted
of 20 of
was duly passed by the
20 , and was (approved)(not approved)
on 20
Such local law was 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)(annual) election held on
20 , in accordance with the applicable provisions of law.
4, (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of
on
(Name of Legislative Body)
was duly passed by the
20 , and was (approved)(not approved)
(repassed after disapproval) by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , 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 or, if there
be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
DOS -0239 -f -I (Rev. 06112) Page 3 of 4
S. (City local law concerning Charter revision proposed by petition.)
1 hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City 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 20 , 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 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , 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 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 w fina pted in the manner indicated in
paragraph , above. �^
Clerk a the county legislative body, City, Town or Village Clerk or
officer designated y local I gisiative body
GSest}" Date:
DOS -0239 -f -I (Rev. 06/12) Page 4 of 4
TOWN OF ITHACA
LOCAL LAW NO. 6 OF THE YEAR 2020
A LOCAL LAW ADDING NEW NEIGHBORHOOD CODE REFERENCES TO
ITHACA TOWN CODE CHAPTER 270, ZONING
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270 of the Town of Ithaca Code ("Zoning"), Article IV ("Establishment of
Zones"), Section 270-6 ("Enumeration of zones"), is amended by adding a new Subsection C
reading as follows:
"C. The New Neighborhood Code (Chapter 272) establishes and defines the following four
neighborhood transect (NT) zones for traditional neighborhood development (TND).
NT -3 Neighborhood edge (§272-203)
NT -4 Neighborhood general (§272-204)
NT -4u Neighborhood urban mix (§272-205)
NT -5 Neighborhood center (§272-206)
A regulating plan (§272-802) maps transect zones to specific areas in a TND
neighborhood unit. Rezoning to a transect zone must not happen without an underlying
regulating plan.
The New Neighborhood Code (Chapter 272) has special regulations for zone assignment,
neighborhood and street design, parks and preserves, uses, building disposition and
design, site planning, parking, landscaping, fences and walls, service areas, signs and
murals, outdoor lighting, and other features, that apply in transect zones and TND
projects. Special regulations in the New Neighborhood Code (Chapter 272) supersede
equivalent regulations in Chapter 270."
Section 2. Chapter 270 of the Town of Ithaca Code ("Zoning"), Article XXII ("Procedures for
Creation of New Zones"), Section 270-179 ("Zones to which applicable"), is amended by labeling
the existing paragraph as "A" and adding a new Subsection B reading as follows:
"B. The regulating plan process (§272-802) in the New Neighborhood Code (Chapter 272)
maps transect zones (NT -3, NT -4, NT -4u, NT -5) to specific areas in a Traditional
Neighborhood Design (TND) neighborhood unit. Procedures in §270-180 and §270-181
apply when rezoning a lot from one transect zone to another in a TND neighborhood
unit."
Adopted 2020-11-09 pg. 1
Section 3. Chapter 270 of the Town of Ithaca Code ("Zoning"), Article XXIII ("Site Plan
Review and Approval Procedures"), Section 270-184 ("Applicability"), is amended by adding a
new paragraph at the end of this section reading as follows:
"In an NT -3, NT -4, NT -4u, or NT -5 zone, the New Neighborhood Code defines the types and
thresholds of actions that need site plan review. (See §272-804.)"
Section 4. Chapter 270 of the Town of Ithaca Code ("Zoning"), Article XXVI ("Special
Regulations"), Section 270-219.1 ("Solar energy systems"), Subsection B is amended by adding a
new sentence to the end of Subsection B reading as follows:
"Notwithstanding the foregoing, where the solar energy systems provisions of the New
Neighborhood Code (Chapter 272) apply and are inconsistent with this Section 219.1, the
provisions of the New Neighborhood Code apply."
Section S. Chapter 270 of the Town of Ithaca Code ("Zoning"), Article XXVI ("Special
Regulations"), Section 270-219.3 ("Amateur radio facilities"), Subparagraph B(1) is amended to
read as follows:
"(1) The height of each amateur radio facility shall not exceed 65 feet from the ground
elevation, except in an NT -3, NT -4, NT -4u, or NT -5 zone, requirements for amateur radio
facility height in the New Neighborhood Code apply. (See §272-603.10.)"
Section 6. Chapter 270 of the Town of Ithaca Code ("Zoning"), Article XXVI ("Special
Regulations"), Section 270-219.6 ("Accessory dwelling units") is amended by adding a new
Subsection D reading as follows:
"D. Traditional neighborhood development. In an NT -3 or NT -4 zone, New Neighborhood
Code requirements for accessory housing units apply. (Detached house building type
only, use in §272-603.10, accessory building setbacks for a detached house in §272-
403.3.) Floor area, operating permit, owner occupancy, and reversion requirements in
§270.219.6 B above also apply."
Section 7. Chapter 270 of the Town of Ithaca Code ("Zoning"), Article XXVII ("General
Provisions"), Section 270-223 ("Fences and walls; retaining walls"), is amended by adding a new
Subparagraph A(12) reading as follows:
"(12) Traditional neighborhood development. In an NT -3, NT -4, NT -4u, or NT -5 zone, New
Neighborhood Code requirements for fence location, height, and design apply. (See
§272-505.)"
Section 8. Chapter 270 of the Town of Ithaca Code ("Zoning"), Article XXVII ("General
Provisions"), Section 270-227 ("Parking facilities"), is amended by adding a new Subsection H
reading as follows:
Adopted 2020-11-09 pg. 2
"H. Traditional neighborhood development. In an NT -3, NT -4, NT -4u, or NT -5 zone, New
Neighborhood Code requirements for parking and related landscaping apply. (See §272-
503, §272-504.)"
Section 9. Chapter 270 of the Town of Ithaca Code ("Zoning"), Article XXIX ("Signs"), is
amended by adding a new Section 270-256.1 reading as follows:
"§270.256.1 Traditional neighborhood development transect zones.
In an NT -3, NT -4, NT -4u, or NT -5 zone, New Neighborhood Code requirements for signs
apply. (See §272-507.)"
Section 10. If any provision of this local law is found invalid by any court of competent
jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall
remain in full force and effect.
Section 11. This local law shall take effect immediately upon filing with the New York
Secretary of State.
Adopted 2020-11-09 pg. 3