HomeMy WebLinkAboutLL 02 of 2013 Issue BPs where Violations Existn Andrew 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
Paulette Terwilliger
Town Clerk
215 N Tioga Street
Ithaca NY 14850
March 5, 2013
RE: Town of Ithaca, Local Law 1 & 2 2013, filed on February 15, 2013
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.nv.aov.
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
B Town
□ Village
Local Law No. ^ of the year 20
A local law the Town of Ithaca Code, Chapter 270 entitled "Zoning" to allow the issuance
(Insert Title)
of building permits in certain circumstances even if zoning violations exist.
Be It enacted by the of the
(Name of Legislative Body)
□ County
Q City as follows:
II Town
□ 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.)
(Final adoption by local legislative body only.)
lereby certify that the local law annexed hereto, designated as local law No. Z of 20 2013 of
the (County)(City)(Town)(Village) of was duly passed by the
Town Board on February 11, ?n l? , 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*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (Gounty)(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
e (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)( not approved)
ame of Legislative Body)
v.epassed after disapproval) by the on 20
(Eiective 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 Legisiative Body)
(repassed after disapproval) by the on 20 Such local
(Eiective 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.)
/W^reby certify that the local law annexed hereto, designated as local law No of 20 of
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
. jreon 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 prawlde an appropriate certification.)
I further certify that I have compared the preceding local law with the origipral^n fite in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, ajra^s fi;^m^dogiB4-nrt^manner indicated in
paragraph , above. / /~
Clerk &f the county l^isTati^body, City, Town or Village Clerk or
- X - - officer deslgnate(^y jpcai legislative body
^SSa}) : Date:
iflcatlon to-^e executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
brized attorney of locality.)
TE OF NEW YORK
CuUNTYOF
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
Town
Village
Date:
DOs-239 (Rev. 05/05) Page 3 of 3
Adopted 2/11/2013
TOWN OF ITHACA
LOCAL LAW NO. 2 OF THE YEAR 2013
A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 270
ENTITLED “ZONING”, TO ALLOW ISSUANCE OF BUILDING PERMITS IN
CERTAIN CIRCUMSTANCES EVEN IF ZONING VIOLATIONS EXIST.
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270 (Zoning), Article XXVIII (Administration) of the
Town of Ithaca Code, Section 270-233, titled “Permit to build,” is amended by replacing
subsection B in its entirety with the following subsection B:
“B. No permit to build 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 this chapter or would occur on a parcel on which a violation
of any provision of this chapter exists. Notwithstanding the foregoing, this subsection
shall not prohibit the issuance of a permit to repair or replace a roof or another element of
a structure that needs such repair or replacement in order to maintain the structure’s
integrity in the determination of the Director of Code Enforcement, even if there is an
existing violation of this chapter on the parcel.”
Section 2. 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 3. This local law shall take effect immediately upon its filing with the
New York Secretary of State.