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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 _________________________________