HomeMy WebLinkAboutProcedure for Elimination of a Second Dwelling Unit
DEPARTMENT OF CODE ENFORCEMENT
215 N. Tioga St 14850
607.273.1783
codes@town.ithaca.ny.us
Town Board Meeting 3/10/97
Agenda Item No. 19
Procedure for the Elimination of Second Dwelling Units in Existing Buildings
Resolution No. 53
WHEREAS, the New York State Uniform Fire Prevention and Building Code (the
“Code”) and the Town of Ithaca Zoning Ordinance (the “Zoning Ordinance”) both define
a “dwelling unit” substantially as living quarters “providing complete living facilities for
one family”, and
WHEREAS, there are a number of circumstances when a two-family dwelling
consisting of two dwelling units is converted to use as a single family dwelling unit; and
WHEREAS, there are also circumstances when a second dwelling unit has been
created that is not in compliance with applicable Code requirements and there is a need
for establishing the procedures for the removal of such second dwelling unit to return
the property to conformance with the Code; and
WHEREAS, the Town Board wishes to enunciate a policy to assist the Building and
Zoning Enforcement Officer when dealing with circumstances such as those set forth
above,
NOW, THEREFORE, be it
RESOLVED, as follows:
1. In the event there is a need to establish that a particular property is a one-family
dwelling and not a two-family dwelling and the building contains separate areas
each of which meets the technical definition of a dwelling unit the following
procedures shall be followed:
A. Any evidence of a kitchen facility (e.g., sink, stove, or refrigerator) or, in the
alternative, any evidence of a bathroom (e.g., toilet, tub, shower, or sink),
shall be removed from the area under consideration so that there would no
longer be complete living facilities for one family.
B. The Building and Zoning Enforcement Officer may inspect the premises to
confirm such removal.
DEPARTMENT OF CODE ENFORCEMENT
215 N. Tioga St 14850
607.273.1783
codes@town.ithaca.ny.us
C. The owner of the property shall sign an affidavit and certification in form
satisfactory to the Building and Zoning Enforcement Officer to the effect that
1. the facilities referred to above have been removed;
2. said facilities will not be reinstalled without seeking a building permit or
other approval from the Building and Zoning Enforcement Officer; and
3. the area from the facilities were removed will not be used as a separate
dwelling unit until the Building and Zoning Enforcement Officer is notified
and any required approvals, permits or other certificates including a
Certificate of Occupancy are obtained from the Building and Zoning
Enforcement Officer.
D. Such affidavit shall be recorded, at the expense of the homeowner, in the
Tompkins County Clerk’s Office and indexed against the name of the then
owner of the property.
2. The Building and Zoning Enforcement Officer shall have the discretion to deviate
in whole or in part from the procedure set forth above in those circumstances
where the Building and Zoning Enforcement Officer is satisfied that the
objectives sought to be obtained by the foregoing procedures and compliance
with the Code and Zoning Ordinance may be assured in some other manner.
MOVED: Councilwoman Grigorov
SECONDED: Councilwoman Russell
Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein, aye;
Councilwoman Harrison, aye; Councilman Conley, aye; Councilwoman Russell, aye;
Councilman Wolff, aye. Carried unanimously.
DATED: March 10, 1997
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