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HomeMy WebLinkAboutLL 05 of 1994 Elder Cottages LOCAL LAW NO. 5 FOR THE YEAR 1994 LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PERMIT PLACEMENT OF ELDER COTTAGES IN RESIDENTIAL DISTRICTS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Findings. The Town Board of the Town of Ithaca finds: 1. There is a need for construction of detached, small, single family dwellings in conjunction with existing dwellings in residential districts to enable elderly relatives to live with their families but in a separate accommodation; and 2. Allowing construction of such small removable homes for use by the elderly will provide housing for elderly at costs that are more within the ability of many elderly persons to meet; and 3. Permitting such housing is in furtherance of the recently adopted Comprehensive Plan of the Town of Ithaca. Section 2. Purpose. It is the purpose and intent of this local law to allow, by special approval, the installation of small, removable homes, on the same lots with one or two family dwellings, in Residence Districts R9, R15, and R30, and Agricultural Districts. Specifically, this local law is intended to: 1. Foster and support extended families. 2. Permit adult children to provide small, temporary homes for their aging parents or grandparents who are in need of support, while maintaining as much of the independence of the different generations as possible; 3. Reduce the degree to which elderly homeowners have to choose between increasing isolation in their homes and institutionalization in nursing homes; 4. Encourage the continued development and use of small homes specifically designed and built for elderly people; 5. Permit housing in a manner that protects the property values and character of neighborhoods by ensuring that the homes for the elderly are compatible with the neighborhood and are easily removable; 6. Enable the elderly living in homes too large for their needs to move to more appropriate housing and thereby make larger homes available to house larger families. 2 Section 3. Amendments to Zoning Ordinance. The Zoning Ordinance of the Town of Ithaca, as readopted, amended, and revised effective February 26, 1968, and thereafter further amended, be further amended as follows: 1. Article I, Section 1, is amended by adding the following subparagraph to be subparagraph 10-a reading as follows: "10-a. An 'elder cottage' is a separate, detached, temporary one-family dwelling, accessory to a one or two family dwelling on a lot erected and occupied in accordance with the provisions of Section 59B of this Ordinance." 2. Article III, Section 5, is amended by adding a new subparagraph 8 reading as follows: "8. Elder cottages upon receipt of special approval and approval of the site plan for same pursuant to, and subject to, the provisions of Section 59B of this Ordinance." 3. Article IV, Section 12, is amended by adding a new subparagraph 9 reading as follows: "9. Elder cottages upon receipt of special approval and approval of the site plan for same pursuant to, and subject to, the provisions of Section 59B of this Ordinance." 4. Article V, Section 19, is amended by adding a new subparagraph 8 reading as follows: "8. Elder cottages upon receipt of special approval and approval of the site plan for same pursuant to, and subject to, the provisions of Section 59B of this Ordinance." 5. Article XI, Section 51, first sentence, is amended to read as follows: "SECTION 51. Use Regulations. In Agricultural Districts buildings and land may be used only for any lawful farm purpose, for a riding academy or for any use, principal or accessory, permitted in a Residence District R30. . . ." 3. Article XIII of the Zoning Ordinance is hereby amended by adding a new section 59B entitled "Elder Cottages" reading as follows: "SECTION 59B. Elder Cottages. Elder cottages shall be permitted as accessory uses, upon obtaining special approval from the Board of Appeals, and subject to the following provisions and conditions: 1. Use Limitations: An elder cottage shall not be occupied by more than two persons (a) who shall be the same persons enumerated on the application for the elder cottage, (b) who shall be persons 55 years of age or older, and 3 (c) at least one of such persons shall be a parent or grandparent of one of the owners and occupants of the principal dwelling on the lot where the elder cottage is located. 2. Dimensional Limitations: (a) The elder cottage shall not exceed 750 square feet in total floor area. (b) Notwithstanding any other provisions of this Ordinance, the minimum size of the elder cottage may be reduced to no less than 250 square feet of enclosed floor area. (c) The elder cottage shall not exceed one story in height and under no circumstances shall the total height exceed 20 feet. 3. Location Requirements: (a) An elder cottage shall, subject to the further limitations of this Section 59B, be located only on a lot where there already exists a one-family or two-family dwelling. (b) No elder cottage shall be located within the front yard of any lot. (c) No elder cottage shall be permitted on a non-conforming building lot. (d) No more than one elder cottage shall be located on any lot. (e) The erection of the elder cottage shall be otherwise in conformity with all other provisions of the Zoning Ordinance including lot coverage and side and rear yard setbacks. 4. Building Requirements: (a) An elder cottage shall be clearly subordinate to the principal building on the lot and its exterior appearance and character shall be in harmony with the existing principal building. (b) An elder cottage shall be constructed in accordance with all applicable laws, regulations, codes and ordinances, including the New York State Uniform Fire Prevention and Building Code. If an elder cottage is a factory manufactured home or component, in addition to complying with any other law, it shall bear an Insignia of Approval or other equivalent, legally recognized indicia of compliance with applicable laws, issued by the N.Y. State Fire Prevention and Building Code Council or the N.Y. State Division of Housing and Community Renewal. (c) An elder cottage shall be constructed so as to be easily removable. The 4 cottage's foundation shall be of easily removable materials so that the lot may be restored to its original use and appearance after removal with as little expense as possible. No permanent fencing, walls, or other structures shall be installed or modified that will hinder removal of the cottage from the lot. (d) Adequate water supply and sewage disposal arrangements shall be provided, which may include connections to such facilities of the principal building. If a cottage is located in an area where electrical, cable, and/or telephone utilities are underground, such utilities serving the elder cottage shall also be underground. (e) It shall be disclosed at the time of application whether the proposed inhabitants of an elder cottage will have a car. If so, an adequate area for parking shall be required for the expected number of cars. 5. Special Approval: (a) The construction or placement of an elder cottage on a lot shall not occur until special approval for same is granted by the Board of Appeals. (b) The special approval shall be for a period of one year (unless earlier terminated as hereinafter set forth) and thereafter may be renewed annually by the Building and Zoning Enforcement Officer upon receipt of an application for same provided that the circumstances obtaining at the time of the original application have not changed. (c) The special approval shall terminate 120 days after (i) the death or permanent change of residence of the original occupant or occupants of the elder cottage, or (ii) any of the occupancy requirements set forth in this Section are no longer met. Without limiting other indicia of a permanent change of residence, continuous absence from the elder cottage of a person for a period of 180 consecutive days shall be considered to be a permanent change of residence. During the 120 day period following any of the events set forth in subparagraphs (i) and (ii) above, the unit shall be removed and the site restored so that no visible evidence of the elder cottage and its accessory elements remains. If the elder cottage has not been removed by the end of the 120 day period, in addition to the existing sanctions in the Zoning Ordinance, actions to insure removal may be taken, including removal and salvage by the Town with a lien imposed to defray any costs incurred. Such lien may be added to the real estate taxes applicable to the lot on which the elder cottage is located and collected in the same way as any other tax payable to the Town. 5 6. Procedure For Obtaining A Special Approval: (a) The application for original issuance of a special approval and renewal shall contain such information as the Board of Appeals or Building and Zoning Enforcement Officer may require to adequately review the qualification for granting the approval, but, for an original application shall contain at a minimum: (i) Name of owner of the lot. (ii) Name of occupants of principal building. (iii) Name of proposed occupants of the elder cottage. (iv) Age of proposed occupants of the elder cottage. (v) Relationship of elder cottage occupants to owners and occupants of the principal building. (vi) Sketch plan or survey, which shall be drawn to scale, showing (A) location of all existing buildings, structures, drives, walkways and the layout of utility services, (B) proposed location and size of the elder cottage, (C) proposed water, septic, and other utility connections, (D) proposed landscaping and screening if any is contemplated. (vii) Sketches, drawings, pictures or other materials which adequately describe the layout and appearance of the proposed elder cottage. (viii) Agreement to remove the elder cottage when it no longer qualifies as such. (ix) Consent for the Town to enter on the property and to remove the elder cottage if the owner fails to timely remove it, as set forth below. (b) By applying for a special approval for the erection of an elder cottage, the owner of the lot on which the elder cottage is to be located, for himself or herself, his or her heirs, successors and assigns, irrevocably consents to the entry of the Town and its authorized officials and agents upon the property, after notice and an opportunity to be heard before the Board of Appeals, for the purpose of removing the elder cottage in the event the requirements for maintenance of same are no longer met, and further agrees that any costs incurred by the Town in so removing the cottage shall become a lien 6 upon the property on which the cottage was located subject to collection in the manner set forth above. (c) The granting of a special approval shall be governed, in addition to the provisions set forth in this Section, to the general provisions relating to granting of special approvals and approval of site plans. The Board of Appeals shall have the authority, in determining whether to grant the special approval, to review the site plan and apply the criteria relating to site plan approvals that the Planning Board uses in granting site plan approvals pursuant to Sections 46 et. seq. The Board of Appeals shall have the further authority when granting special approval, to impose such reasonable conditions as the Board may deem necessary to minimize the impact of the addition of an elder cottage upon the lot on which it is being located as well as the neighborhood in which it is being located. 7. Limitation on Variances: Notwithstanding any other provisions of this Ordinance there shall be no variances granted for extension of time for removal of an elder cottage except that the Board of Appeals may, upon making the same findings that would normally be required for the granting of a use variance, extend the time for removal of the elder cottage for one additional six month period. 8. Definition of Owner: For the purposes of this Section, the term "owner" as applied to ownership of a principal building shall mean a natural person (a) Who owns at least a 50 percent interest in the real property and related buildings, whether individually or as a tenant in common; or (b) Who owns the real property and related buildings with no more than one other individual or entity as co-joint tenants or tenants by the entirety, in either event each of the co-joint tenants or tenants by the entirety having identical interests." Section 4. Invalidity. If any provision of this 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 5. Effective Date. This local law shall take effect 10 days after publication as require by law.