HomeMy WebLinkAboutLL 06 of 2017 Allow Historic Barns as Principal BldgSTATE OF NEW YORK
DEPARTMENT OF STATE
One Commerce Plaza
99 Washington Avenue
AlbaNY;IMY 12231-0001 -
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Andrew M. Cuomo
Governor
ROSSANA ROSADO
SECRETARY OF STATE
March 22, 2017
Debra DeAugistine
Deputy Town Clerk
215 N. Tioga Street
Ithaca NY 14850
RE: Town of Ithaca, Local Law 6 & 7 2017, filed on March 22, 2017
^ 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)473-2492
NEW YORK
STATE OF
OPPORTUNnnf-
Department
of State
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
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I I ^Jl/1/ Filinn Albany, NY 12231-0001LL/LfQ# Lavlr # ff###y www.dos.state.ny.us/corps
(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 GOity GTown GVillage
(Select one:)
of Ithaca
Local Law No. 6 of the year 2017
A local law Amending the Town of Ithaca Code, Chapter 270 Titled "Zoning," to Allow
(Insert Title)
Historic Bams as Principal Buildings on Non-Farm Lots in the Conservation and
Low Density Residential Zones
Be it enacted by the Town Board
(Name of Legislative Body)
□County GCity GTown GVillage
(Select one:)
of Ithaca as follows:
See attached.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(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. 3 of 20lZ_ of
the (County)(City)(Town)(Village) of was duly passed by the- '
Town Board on March 13 20_2Z , 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 certily 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 disapprov
on 20| I I. in accordance w ith the applicable provisions of law.
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
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 I 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.
5. (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
tl;^^unlclpal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
tf on at the (speclal)(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 was finally adopted ip-t|ie manner Indicated In
paragraph J , above.
(Seal)
jerk o
officer d
e county legislative body,
ignated by local leglslatlv^ody
or Village Clerk or
Adopted March 13, 2017 pg 1
TOWN OF ITHACA
LOCAL LAW NO. 6 OF THE YEAR 2017
A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 270
TITLED “ZONING,” TO ALLOW HISTORIC BARNS AS PRINCIPAL BUILDINGS
ON NON-FARM LOTS IN THE CONSERVATION AND
LOW DENSITY RESIDENTIAL ZONES
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270 (Zoning), Article V (Conservation Zones), of the Town of Ithaca
Code, Section 270-11, titled “Permitted principal uses,” is amended by adding a new subsection
H reading as follows:
“H. In addition to the uses of barns as principal buildings on farm lots pursuant to
subsection C, a barn building that is at least 50 years old may be a principal
building on a lot that is not used as a farm. Any such building may be used for
any of the permitted principal uses in the Conservation Zone, subject to the
requirements in this article and chapter. Notwithstanding the prohibition in §
270-226 against more than one principal building on a lot, a building permit may
be issued for construction of another principal building on the lot, provided the
barn building becomes an accessory building to the other building upon issuance
of a certificate of compliance for the other building. If a barn building becomes
an accessory building pursuant to this provision, its uses as an accessory building
are subject to the requirements of this article and chapter.”
Section 2. Chapter 270 (Zoning), Article VIII (Low Density Residential Zones), of the
Town of Ithaca Code, Section 270-54, titled “Permitted principal uses,” is amended by adding a
new subsection J reading as follows:
“J. In addition to the uses of barns as principal buildings on farm lots or for farm
purposes pursuant to subsections C or H, respectively, a barn building that is at
least 50 years old may be a principal building on a lot that is not used as a farm, or
that is not used for farm purposes pursuant to subsection H. Any such barn
building may be used for any of the permitted principal uses in the Low Density
Residential Zone, subject to the requirements in this article and chapter.
Notwithstanding the prohibition in § 270-226 against more than one principal
building on a lot, a building permit may be issued for construction of another
principal building on the lot, provided the barn building becomes an accessory
building to the other building upon issuance of a certificate of compliance for the
other building. If a barn building becomes an accessory building pursuant to this
provision, its uses as an accessory building are subject to the requirements of this
article and chapter. A barn building that becomes an accessory building pursuant
to this provision may exceed or contribute to the exceedance of the cumulative
Adopted March 13, 2017 pg 2
square footage limit for accessory buildings in § 270-56.C, provided that no
expansion of the barn building or other accessory buildings is allowed once the
cumulative square footage limit is met.”
Section 3. 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 4. This local law shall take effect immediately upon its filing with the New York
Secretary of State.