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HomeMy WebLinkAboutLL 09 of 2012 EcoVillage PDZ Amendments for Commercial UsesAndrew M. Cuomo Governor State of New York Department of State One Commerce Plaza 99 Washington Avenue Albany, NY 12231-0001 Cesar A. Perales Secretary of State Debra DeAugistine Deputy Town Clerk 215 N Tioga Street Ithaca NY 14850 August 23, 2012 RE: Town of Ithaca, Local Law 9,10,11 2012, filed on August 20, 2012 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.state.nv.us. Sincerely, State Records and Law Bureau (518) 474-2755 WWW.DOS.NY.GOV • E-MAIL: INFO@DOS.NY.GOV NEW YORK STATE DEPARTMENT OF STATE Local Law Filing (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 Ithaca II Town □ Village Local Law No. of the year 20 A local law Amending Chapter 271 of the Town of Ithaca Code, Titled Zoning: Special Land Use(Insert Title) Districts, to Change Ecovillage Planned Development Zone Provisions Relating to Commercial Uses Be it enacted by the Town Board of the (Name of Legislative Body) ~~~ □ County of Ithaca 3S follows: IS Town a Village See attached (If additional space Is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev. 05/05) Page 1 Of 3 (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. of 20 2012 of the (County)(City)(Town)(Village) of Jhaca passed by the (NameofTe^lative Body) AugusM3 20 12 . in accordance with the applicable provisions of law. 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 -— on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20 , 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 (Name of Legislative Body) ^. 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-239 (Rev. 05/05) Page 2 of 3 5. (City local law concerning Charter revision proposed by petition.) ^/*\ereby certify that the local law annexed hereto, designated as local law No of 20 of i City of having been submitted to referendum pursuant to the provisions of section (36)(37) of ) Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting inereon 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 prwide an appropriate certification.) I further certify that I have compared the preceding local law with the origip^^n file in tl^is office and that the same is a correct transcript therefrom and of the whole of such original local law, apfoyms fin^y^^^Ss^taii^^ny^manner indicated in parggrapH 1 , above. Clerk of the couniy fegiSISfive Body, City, Town or Village Clerk or officer designated by local legi^ative body (Seal) , ^ Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other ^^M^horized attorney of locality.) \TE0F new YORK .UNTYOF Tompkins I, 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. Signature Title County CityQf Ithaca Town Village Date: DOS-239 (Rev. 05/05)Page 3 of 3 Page 1 of 2 TOWN OF ITHACA LOCAL LAW NO. 9 OF THE YEAR 2012 A Local Law Amending Chapter 271 of the Town of Ithaca Code, Titled Zoning: Special Land Use Districts, to Change Ecovillage Planned Development Zone Provisions Relating to Commercial Uses Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 271, Section 271-9 of the Town of Ithaca Code, entitled “Special Land Use District No. 8 (Limited Mixed Use, EcoVillage),” is amended by deleting the introductory paragraph of 271-9.D. and replacing it with a new paragraph reading as follows: “D. Principal use regulations and definitions. In Special Land Use District No. 8 (the “SLUD”) the following areas, as shown on document “EcoVillage Site Usage Areas 2012” on file with the Town of Ithaca Planning Department, are defined with their permitted uses and applicable definitions:” Section 2. Chapter 271, Section 271-9 of the Town of Ithaca Code, entitled “Special Land Use District No. 8 (Limited Mixed Use, EcoVillage),” is amended by adding Subsection 271-9. D. IV. as follows: “IV. Commercial Area: In addition to all the uses allowed in the Residential Area above, this Area may also contain the following buildings or uses, in up to five buildings, provided that the interior floor area for any building in this Area shall be no more than 1,000 square feet per floor, and provided further that the total floor area for all floors (except a basement used solely for storage) of all buildings in this Area shall not exceed 7,000 square feet: (1) Artisanal Food Production, including the production, preparation and storage of food for sale in businesses such as a bakery, picobrewery or community kitchen. (2) Artisanal Crafts and Arts, including small custom industries where goods are produced for sale on premises or repaired by hand, using small scale tools or equipment. (3) Personal Service businesses, including barber, beautician, massage therapist, personal wellness studio. (4) Retail Establishment for the sale of merchandise, including food, where there is no overnight outdoor storage of inventory. (5) Restaurant, coffee shop, bistro, café. (6) Business, professional or administrative office, excluding a clinic. (7) Any other lawful use, not otherwise specifically referred to in this subsection, that both the Planning Board and the Zoning Board of Page 2 of 2 Appeals find is substantially similar to a use permitted as of right in this Commercial Area and does not have greater adverse effects upon traffic, noise, air quality, parking, or any other attribute reasonably relevant, than a use permitted as of right.” Section 3. Chapter 271, Section 271-9 of the Town of Ithaca Code, entitled “Special Land Use District No. 8 (Limited Mixed Use, EcoVillage),” is amended by adding Subsection 271-9. D. V. as follows: “V. Definitions. For purposes of this Section 271-9, the following terms shall have the following meanings: ARTISANAL – Small custom industry, with a workshop of no more than 1,000 square feet, where goods are produced or repaired by hand, using hand tools or small-scale table- mounted equipment, and sold or received on premises. This also includes arts and crafts studios using equipment normally associated with mechanical trades. PICOBREWERY - Small brewery where the floor area is no larger than 1,000 square feet.” Section 4. Chapter 271, Section 271-9 of the Town of Ithaca Code, entitled “Special Land Use District No. 8 (Limited Mixed Use, EcoVillage),” is amended by deleting Subsection 271-9. K.(1) and replacing it with a new Subsection 271-9. K. (1) reading as follows: “K. Parking. (1) There shall be provided paved parking, or parking spaces surfaced in such other manner as may be approved by the Town Planning Board and the Town Engineer, at a rate of at least 1 ½ parking spaces for each dwelling unit plus one parking space for each 500 square feet of enclosed building space in any community center or commercial building.” Section 5. 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 6. This local law shall take effect immediately upon its filing with the New York Secretary of State.