HomeMy WebLinkAbout1989 LL 08 - Amend Zoning re Occupancy of Dwelling Units (Please Use this Corm for Filing tear Local Law with the Sectc(ary of State)
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of»..» ..»............Ithaca
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Local Law No.».»...»»......8...».»....».»........»»...�of abet year v 89.»»
A local lawµAMENDING THE ZONING ORDINANCE RELATIVE TO THE OCCUPANCY
OF DWELLING UNITS
Be it enacted bt the .Town Board »»...... of the
W. .. ». .».,......».Ithaca »as follows:
Town ..»» »..
SEMON 1. Legislative Findings.
The Zoning Ordinance of the Town of Ithaca permits residential uses
and establishes residence district:i in the Tuan consistent with the
Town comprehensive plan. One purpose of this part of the Zoning.
Ordinance is to preserve the Town's residential character and protect
residents from overcrowding, an excessive volume of traffic, parking
problems; and excessive noise which deprives them of the privilege of
quiet residential neighborhood carmnrnities. Residential districts are
designed to allow people to reside in peaceful environs undisturbed by
the disruptions attendant to business, industrial and other intensive
uses.
The U.S. Supreme Court has found that a quiet place where yards are
wide, people few, and motor vehicles restricted, are legitimate
guidelines in land use plans. Further, the police power is not
confined to elimination of filth, stench and unhealthy places, but it
is proper to lay out zones where family values, youth values, and
blessings of quiet seclusion and clean air make the area a sanctuary
for people.
The Court of Appeals of the State of New York has also recognized the
validity of these governmental purposes, .provided there is a
reasonable relationship between the purpose and the regulation
utilized to achieve that purpose.
J§Ejlf additional space is needed 1, Tease attach 56ectn of the same►size as this and number each t
In recent years toym officials have been inundated with complaints
about the overcrowding, noise, and parking problems in many
residential neighborhoods caused by large numbers of persons occupying
residential dwellings on a transient basis, primarily as student
housing for a semester or academic year. The vast majority of these
complaints are received during the school year. The Tom has two
institutions of higher learning with a large population of students.
Unfortunately, the housing accommodations provided by these
institutions of higher learning are inadequate to meet the housing
needs of all of the students enrolled in these institutions, thereby
causing students to look for housing in what are otherwise primarily
long term residential neighborhoods. The effect of these problem is
to convert dwellings in such residential neighborhoods into rental,
non owner-occupied properties occupied by large numbers of students.
These occupancies are usually not individuals living together as a
single housekeeping unit, but are more reflective of transient,
seasonal (including semester or academic year) occupancies.
This trend threatens the stability and integrity of residential
neighborhoods. This practice interferes with the goal of providing
quiet and peaceful residential neighborhoods. it also results in the
hazardous overcrowding of residential dwellings.
The Town recognizes that quasi-multiple dwellings are an integral part
of the community. However, if legitimate long-term residential units
continue to be converted from long-term continuous occupancy to rental
occupancy on a semester by semester basis for short-term economic gain
at the expense of the rest of the community, the character of the
Town's residential neighborhoods will be destroyed. Rather than a
place where long-term stabilized neighborhoods exist where residents
can have peace and solitude, they will became a haven for students
whose parties, driving, and other activities disturb residential
tranquility. such type of occupancies are better accommodated in
multiple residence districts and special land use districts permitting
same. The Town does provide substantial accommodations for this type
of occupancy in its multiple residence and special land use district
areas.
The protection of residential values must be achieved by regulations
which are reasonably related to this goal. The Court of Appeals
decision in McMinn v. Oyster Bay, (66 N.Y. 2d 544, 1986) is
F—
illustrative of this act.
It is the purpose of this local lav; to protect the Town's residential
neighborhoods by reasonable regulations. Specifically, this local laxf
redefines "family" in compliance with McMinn, (supra).
overcrowding of residential dwellings and properties is also regulated
based on habitable floor area.
By such regulations the Tom hopes to give effect to its zoning
ordinance and the goal of preservation of residential neighborhoods by
insuring that residential neighborhoods continue to be populated by
year round, long-term residents, while transient student visitors are
properly located in zones intended for multiple and transient
accommodations.
SECTION 2. The Zoning Ordinance of the Town of Ithaca as readopted,
amended and revised, effective February 26, 1968, be further amended
as follows:
1. Article I, Section 1, Subparagraph 5 is amended to read as
follows:
"5. A 'family' consists of
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(a) An individual, or
(b) Two or more persons occupying a single dwelling unit,
related by blood, marriage, or legal adoption, living and cooking
together as a single housekeeping unit, or
(c) Two unrelated persons, occupying a single dwelling unit,
living and cooking together as a single housekeeping unit.
(d) Notwithstanding the provisions of paragraph (c) of this
definition, a group of unrelated persons numbering more than two
(2) shall be considered a family upon a determination by the
Zoning Board of Appeals that the group is a functional equivalent
of a family pursuant to the standards enumerated in paragraph (f)
herein.
(e) Before making a determination whether a group of more than
two unrelated persons constitutes a family for the purpose of
occupying a dwelling unit, as provided for in paragraph (d) of
this definition, the Zoning Board of Appeals shall hold a public
hearing, after public notice, as is normally required for the
obtaining of a variance. The fee for such an application shall
be the same as is required for an application for a variance.
Said application shall be on a form provided by the Zoning Board
of Appeals or Zoning Enforcement Officer.
(f) In making a determination under paragraph (d) the Board of
Appeals shall find:
( i) The group is one which in theory, size, appearance
and structure resembles a traditional family unit.
( ii) The group is one which will live and cook together as
a single housekeeping unit.
(iii) The group is of a permanent nature and is neither
merely a framework for transient or seasonal (including as
*seasonal" a period of an academic year or less) living, nor
merely an association or relationship which is transient or
seasonal in nature. In making this finding, the Zoning
Board of Appeals may consider, among other factors, the
following:
(a) Whether expenses for preparing of food, rent or
ownership costs, utilities, and other household
expenses are shared and whether the preparation,
storage and consumption of food is shared.
(b) Whether or not different nmbears of the household
have the same address for the purposes of
i) voter registration.
ii) Drivers license.
(iii) Motor vehicle registration.
iv) Summer or other residences.
v) Filing of taxes.
(c) whether or not furniture and appliances are
commonly owned by all members of the household.
(d) Whether or not any children are enrolled in local
schools.
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(e) Whether or not householders are employed in the
local area.
(f) Whether or not the group has been living together
as a unit for an extended period of time, whether in
the current dwelling unit or other dwelling units.
(g) Any other factor reasonably related to whether or
not the group of persons is the functional equivalent
of a traditional family.
iv) In making determinations under this section, the
Zoning Board of Appeals shall not be required to consider
the matters set forth in Section 77 of this ordinance.
(g) Notwithstanding the provisions elsewhere provided herein, if
the following limitations result in a lesser permitted number of
occupants than would be permitted under the definition of family
set forth above and the regulations of each zone set forth later
in this Ordinance, the number of occupants, related or otherwise,
shall not exceed the maximum numbers determined on the basis of
habitable space of each dwelling unit as follows-
( i) A minimum of 150 square feet of habitable space for
the first occupant; and
(11) 80 square feet of habitable space for each additional
person in each dwelling unit.
In no case shall the enclosed floor area be less than required by
Section 58 of this ordinance.
Areas utilized for kitchenettes, bath, toilet, storage, utility space,
closets, and other service or maintenance space shall be excluded in
determining 'habitable space'."
2. Article 3, Section 4, Subdivision 1, is amended to read as
follows:
111. A one-family dwelling. A one-family dwelling may be occupied by
not more than
(a) one family, or
(b) One family plus no more than one boarder, roarer, lodger or
other occupant."
3. Article 3, Section 4, Subdivision 2 (a) is amended to read
as follows:
"2(a). A two-family dwelling shall be occupied by not more than
two families."
4. Article 4, Section 11, Subdivision 1, is amended to read as
follows:
A CM-Family Dwelling. A one-family dwelling may be occupied by
not more than
(a) one family, or
(b) One family plus no more than one boarder, roarer, lodger or
other occupant.
Page 1c
5. Article 4, Section 11, Subdivision 2(a), is amended to read,
as follows:
"2(a). A two-family dwelling shall be occupied by not more than
two families."
6. Article 5, Section 18, Subdivision 1, is amended to read as
follows:
"l. A One-family Dwelling. A one-family dwelling may be
occupied by not more than
(a) One family, or
(b) One family plus no more than one boarder, roamer, lodger or
other occupant."
7. Article 5, Section 18, Subdivision 2(a) is amended to read as
follows:
"2(a). A two-family dwelling shall be occupied by not more than
two families."
8. Article 6, Section 26, is hereby amended by adding a
paragraph at the end thereof reading as follows:
"Each dwelling unit in a multiple residence shall be occupied by
no more than
(a) one family, or
(b) One family plus no more than two boarders, rocmers, logs
or other occupants."
SBCTION 3. In the event any portion of this law is declared invalid
by a court of canpetent jurisdiction, the validity of the remaining
portions shall not be affected by such declaration of invalidity.
SWrION 4. This local law shall take effect ten days after its
pvbl�catt on pursuant to applicable provisions of law.
Page Id
(Complete the certification Is tile parugrnphwhich applies to 1110 filing of this local low slid strike out the
matter therelu which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designatedaslocal law No.«...8.»».....of 19.82.
of the of.......«z thaca............was duly passed by the...Tom Board .....................».
('own (item.of Legi:iative Ovary
- 9 011.November 9 t............19.M in accordance with the applical►le provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Cxecutivo Uffieor;
or repossago after disapproval.)
I hereby certify that the local law annexed hereto,designated as local low No.....................or i9.....».
County
City ,was duly passed by the.
of the .. of..»..»....».,.».................. ».....................««..........,...».»...........».»...»«............
Town (Nems.f legislative Ue41)
Village not disapproved
on................»................................19........ slid was approved by tile.......................................................
repassed after disapproval Elea►Ise Chi./Eiecatl.s offieet
and was deemed duly adopted on........................................................19..... ., in accordance with the applicable
provislous of law.
3. (Final adoption by referendum.)
I hereby certify that the local low annexed hereto,designated as local law No......:.........» 0(19.........
County
of theof».««».»..»....«.».».........was duly passed by the......»»».».......».................»..»........«.....»..»»...».»»...
City
Town
(Name at Letidstbs Bs411
Village not disapproved
on........................................».......19......« and was approved by the...
repassed after disapproval Ebesoe Clrbt�eseatbe(Niles•
OIL.................................. ..................tq........Such local law was submitted to the people by reason of a
permissive
v referendum,and received the affirmative vote of a inslortty of the In electors voting
pMfilii3$IYe
general
thereon at the special election field on«............................::.....................19....»..,in accordance with the appli-
annual
cable provisions of low.
A. ('�4ublaei to permissive referondum,und final adoption because no valid petition filed requesting
referendum.)
1 hereby certify that Ilse local law annexed hereto,designated as local law No.............».... of l9------
County
Of the Town of.................................»,was duly passed by the......................... .........................—.—On
(Nems of Legislative 110411
Village not disapproved
«......»..................«....».«...««».,....19........ and was approved by the. .... ..on
repassed after disapproval Erecnw Cab(Evocative Officer 0
....»..«........................»..........,.........»....19......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed,said local law was deemed duly adopted on
........».......»........................».....».................19.......,in accordance with the applicnble provisions of law.
sEkcehe Chief Executive officer mesa or includes the chief executive officer of a county elected on a eounipwide bait
or.N there be none.the chairman of the county legblative body,the mayor of a city or village or the euperviwr of a town,
whom latch officer Y treated with power to approve or veto local laws or ordinances.
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S. (City local law concerning Charter revision proposed by petition.)
I herebvicertif;that the local lawm►nexedhereto,desiguatedaslocal lawNo.....................of 19........
of lite City of..................«.........»........................................having been submitled to referendum pursuant to tile,
provistorns of 5 37 of the alunicipnl Iluare llule l.aw.aod having received the affirmntve vote of a majority
of the qualified electors of such cit} voting thereon at the special election held on..................................
general
................19...........became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that tine local law annexed hereto,designated as Local Law No.......of 19......of the
County of ......................................... State of New York, having been submitted to Ilia Electors at lite
Central Election of November........... 19... pursuant to subdivisions 5 and 7 of Section 33 of flit Muni-
cipat Itoute Rule Law,and having received (lie affirmative vote of a majority of lite qualified clectors of tl►e
cities of said county as a unit and of a majodty of (lie qualified electors of lite towns of said county
considered as a unit voting at said general election,because operative.
(If any other authorised form of final adoption tins been followed, please provide an appropriate
certification.)
1W I further certify that I have compared the preceding local law will,tite origiuol on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local low,and was
finally adopted in the manner indicated is paragraph..........1...............above,.
own iiiiiiiiiiiiiiiiCtuk W
Date: November 15, 1989
fflx
I
(Seal)
(Certification to be executed by County Attorney.Corporation Counsel,Town Attorney,Village Attorney
or other authorised Attorney of locality.)
STATE OF NEVE YORK
COUNTY Olt`.»TomEkins.«..«..«......»«,«
1, the undersigned, hereby certify that the foregoing local law co tains the correct text and that all
proper proceedings have been had or taken for Ilse enactment of the local law annexed hereto.
..l....... ......tel�.l
....................
Siputore John C. Barney
Town Attorney..........•
Dater f�l1�l 1
of -Ithaca
Town .•«...««..«....»«..«....«»«.«.
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