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HomeMy WebLinkAboutLL 03 of 2021 Ammend Chamber of Commerce PDZ TOWN OF ITHACA LOCAL LAW NO.3 OF THE YEAR 2021 A LOCAL LAW AMENDING CHAPTER 271 OF THE TOWN OF ITHACA CODE, TITLED "ZONING: SPECIAL LAND USE DISTRICTS,"TO REVISE USES AND OTHER REQUIREMENTS IN CHAMBER OF COMMERCE PLANNED DEVELOPMENT ZONE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 271 (Zoning: Special Land Use Districts)of the Town of Ithaca Code, Section 271-7,titled"Planned Development Zone No. 5 (Limited Mixed Use, Chamber of Commerce)", is amended by changing its title to "Planned Development Zone No. 5 (Limited Mixed Use)." Section 2. Chapter 271 (Zoning: Special Land Use Districts) of the Town of Ithaca Code, Section 271-7, titled"Planned Development Zone No. 5 (Limited Mixed Use, Chamber of Commerce)", Subsections B through F are deleted in their entirety and replaced with new Subsections B through G reading as follows: `B. The uses and structures permitted in Planned Development Zone No. 5 are: (1) Any use permitted in a Medium Density Residential Zone; and (2) Professional, business, and administrative offices, including medical, dental, and health and wellness practices. C. The following uses are permitted in Planned Development Zone No. 5, but only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in Ithaca Town Code Chapter 270, Zoning: (1) Restaurant. D. The following accessory uses and structures are permitted in Planned Development Zone No. 5: (1) Signs, subject to the provisions in Subsection E below. E. Any use in this zone shall be governed by all of the requirements, including parking, side yards, setbacks, building coverage, accessory uses, and similar requirements (except for permitted uses and structures which shall be only as set forth above) relating to a Medium Density Residential Zone. Signs shall be governed by Ithaca Town Code Chapter 270, Zoning, Article XXIX, Signs. In addition to the provisions that apply to all signs,the specific provisions applicable to signs located in the Commercial Zones shall apply. LL 3 of 2021 adopted May 10,2021 1 F. In addition to the requirements and restrictions imposed above,there shall be no new construction in this Planned Development Zone unless and until all of the requirements of Ithaca Town Code Chapter 270,Zoning have been complied with and, in addition, the following requirements to the extent not required by other provisions of Ithaca Town Code Chapter 270,Zoning: (1) No building permit shall be issued for a building or structure within Planned Development Zone No. 5,nor shall any existing building or structure in such Zone be changed, unless the proposed building or structure is in accordance with a site plan approved by the Planning Board, or with a modified site plan approved by the Planning Board(where Article XXIII requires Planning Board approval for modifications), pursuant to the provisions of Article XXIII and other applicable provisions of Chapter 270. G. In addition to the requirements and restrictions set forth above, occupancy and use of the premises shall be further limited as follows: (1) No activities will be conducted in said Planned Development Zone which will cause disturbing noise, odors, or glare to any adjacent landowners." Section 3. Chapter 271 (Zoning: Special Land Use Districts) of the .Town of Ithaca Code, Section 271-7, titled "Planned Development Zone No. 5 (Limited Mixed Use, Chamber of Commerce)", is amended by re-lettering Subsections G and H to H and I, respectively. Section 4. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 5. This local law shall take effect immediately upon its filing with the New York Secretary of State. LL 3 of 2021 adopted May 10,2021 2 STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M. CUOMO 99 WASH1NGTON AVENUE GOVERNOR ALaANY,NY 12231-0001 ROSSANA ROSADO WWW.DOS,NY.GOV SECRETARY OF STATE May 17, 2021 Paulette Rosa Town of Ithaca Clerk 215 N. Tioga St, Ithaca NY 14850 RE: Town of Ithaca, Local Law 3 & 4 2021, filed on May 13, 2021 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny..Clov. Sincerely, State Records and Law Bureau (518) 473-2492 E� NE RK Department STATE Opp Ty. of State Town of Ithaca 215 N Tioga St, Ithaca, NY 14850 Ph: 607-273-1721 m www.town.ithaca.ny.us Rod Howe, Town Supervisor - Paulette Rosa, Town Clerk ew YOV 4m May 11, 2021 State Records Unit Department ol'State One Commerce Plaza 99 Washington Ave. Albany, NY 12231 To Whom It May Concern, Enclosed please find Town of Ithaca Local Laws 3 and 4 for the year 202 1: 3. A LOCAL LAW AMENDING CI AVITR 271 OFTFIETOWN OF ITHACA CODE, 41-1-I-XI) "ZONING: SPECIAL LAND USE DISTRICTS," TO REVISE USES AND OTHER REQUIREMENTS IN CIJAMBE'R OF COMMERCE PLANNED DEVELOPMENT ZONE 4. A LOCAL LAW AUTHORIZING TOWN OF I`FIIACATO EXE'CUFF' WITHTOMPKINS COUNTY AN AGENCY AGREEMENT TO IMPLEMENTTIIE COMMUNITY HOUSING DEVELOPMENT FUND PROGRAM AND TO MAKFA PAYMENT INTO TFIE COMMIJNITY LIO[JSING DI.-I'VIELOPMENT FUND Please contact me ifyou have any questions. Sincer- I'wo",Paulette osa 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,NY 12231-0001 www.dos.statate.ny.ustcorps (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. 3 of the year 2021 A local law AMENDING CHAPTER 271 OF THE TOWN OF ITHACA CODE,TITLED"ZONING: (insert Title) SPECIAL LAND USE DISTRICTS,"TO REVISE USES AND OTHER REQUIREMENTS IN CHAMBER OF COMMERCE PLANNED DEVELOPMENT ZONE 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.06/12) 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.) hereby certify that the local law annexed hereto,designated as local law No. 3 of 2021 of the(County)(City)(Town)(Village)of Ithaca was duly passed by the Town Board on May 10, 2021 ,in accordance with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by local legislative body with approval,no disapproval or repassage after disapproval by the Elective Chief Executive Officer'.) 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 on 2q ,and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the and was deemed duly adopted (Elective Chief Executive Officer") 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. of 20 of the(County)(City)(Town)(Village)of was duly passed by the on 20 ,and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the on 20 (Elective Chief Executive Officer*) 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 was duly passed by the on 20 ,and was(approved)(not approved) (Name of Legislative Body) (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.06/12) Page 3 of 4 S. (City local law concerning Charter revision proposed by petition.) I 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. S. (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 le in this office and that the same is a correct transcript therefrom and of the whole of such original.local law,an o ted in a manner indicated in paragraph ,above. le of the county egislabve body,City, oGpage Cleric or ' officer designa by local legislative body `(Seal) Date: DOS-0239-f-I (Rev.06/12) Page 4 of 4