HomeMy WebLinkAboutLL 05 of 2016 Moratorium on 2-Family Dwellings TOWN OF ITHACA
LOCAL LAW NO. 5 OF THE YEAR 2016
A LOCAL LAW PROVIDING FOR A MORATORIUM ON NEW TWO-FAMILY
DWELLINGS, AND ON THE ADDITION OF A SECOND DWELLING UNIT TO
AN EXISTING ONE-FAMILY DWELLING, FOR A PERIOD OF
TWO HUNDRED SEVENTY (270) DAYS
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Findings and Purpose. The Town Board of the Town of Ithaca finds:
A. The 2014 Town of Ithaca Comprehensive Plan ("Comprehensive Plan") states
in Appendix B, entitled "Existing Conditions," that college students accounted for nearly
40% of the total population in the Town between 2008 and 2012, and that Cornell
University, Ithaca College and Tompkins Cortland Community College enroll more than
30,000 students per year. While the university and colleges house many students on their
respective campuses, many students live off-campus. Cornell University and Ithaca
College create significant demand in the Town for off-campus housing for students.
B. The Comprehensive Plan states in Appendix B that the intensification of new
development called for in the Cornell Master Plan could bring additional demand for off-
campus student housing in the Town, and increased development pressure in the East Hill
and Northeast Ithaca areas. The Comprehensive Plan says even with increased housing
provided by Cornell University, the impact of student rentals on Ithaca's neighborhoods
and housing market will be an ongoing issue well into the future.
C. The Comprehensive Plan further states in Appendix B: "Concerns about the
effects of off-campus student rentals have usually focused on the impact of Cornell
University. However, off-campus housing occupied by Ithaca College students has, over
time, changed the character of parts of the South Hill neighborhood near the college.
With the exception of the College Circle Apartments, the South Hill neighborhoods in the
Town have no high-end or high density off-campus student housing adjacent to the Ithaca
College campus. Many low-end, utilitarian buildings designed as student housing, most
with two to six dwelling units, have been built in the area immediately south and east of
the Ithaca College campus on Coddington Road, Hudson Place, Pennsylvania Avenue,
and Kendall Avenue. Many single-family houses in this area have also been converted to
student rental units. Permanent residents have reported issues with poor property
maintenance, loud parties, and other disruptive or destructive activities."
D. Appendix D to the Comprehensive Plan contains public and focus group
meeting summaries for meetings held as part of the process that culminated in the 2014
Comprehensive Plan. These summaries include the following concerns by residents:
• "Residents of South Hill were concerned about the area's growing student
population, particularly in the Kendall and Pennsylvania Avenue area,
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where trash, noise, lack of landscaping, large parking areas, and speeding
have become significant problems. There was also concern over the
conversion of single family homes to student housing along Coddington
Road, near the City/Town border.... [R]esidents pointed out that a
transient, student rental population has altered the area's character and
created difficulties for elderly residents."
• From East Hill residents: "Similar to South Hill, residents expressed
concern about students populating the area, especially around the
Eastwood Commons, Honness Lane, and Pine Tree Road. They suggested
that Cornell and Ithaca College construct more on-campus apartments to
prevent overpopulated student neighborhoods."
E. The Town Board's Planning Committee has discussed the proliferation of
student rentals that are not owner-occupied in the Town, particularly two-family
dwellings. The Planning Committee has concluded that the original intent of allowing
two-family dwellings in the Town, as evidenced by the constructs of current and past
zoning laws, was to accommodate owner-occupants who wished to provide private living
space for family members, to assist in the affordability of the primary home by allowing
supplemental rental income, and to provide for a variety of housing options within the
Town. The Planning Committee, in consultation with staff, has also concluded that
current zoning parameters are insufficient to achieve the legislative objectives of the two-
family provision without allowing the equivalent of duplex housing, which is not
permitted by Town zoning, outside the cluster subdivision context. Many of the dozens
of two-family dwellings that have been constructed and rented to students over the past
one or two decades are utilitarian buildings with little or no landscaping and large parking
areas. In addition, the concentration of students in buildings with no owner-occupancy
in certain areas has resulted in over-occupancy, loud parties, and trash on lawns and in
streets.
F. At its February 18, 2016 meeting, the Planning Committee discussed a
possible moratorium on the construction of new two-family dwellings while the Town
studies and reviews legal options to deal with the issues posed by such dwellings. The
Planning Committee voted to recommend that the Town Board consider such a
moratorium.
G. The Town Board discussed the potential moratorium at its regular meetings on
March 7, 2016 and April 11, 2016, held a public hearing on a draft moratorium local law
on April 11, 2016, and discussed potential changes to the draft local law at its special
meetings on April 15, 2016, and April 21, 2016. Among other things, the Town Board
discussed the fact that the character in certain portions of the High Density Residential
Zones has already changed through the construction of numerous two-family dwellings
and the conversion of one-family dwellings to two-family dwellings in that Zone. While
higher density development is appropriate in the High Density Residential Zones, the
Town Board wants to review housing trends to determine whether and to what extent
changes in character are likely in other zoning districts and to determine whether zoning
requirements should be amended.
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H. The Comprehensive Plan identifies certain goals and recommendations in a
number of policy areas, including in the Land Use and Development and the Housing and
Neighborhoods policy areas. Comprehensive Plan Chapter 2, Section 2.1, entitled "Land
use and development," and Section 2.2, entitled "Housing and neighborhoods,"include
the following goals and recommendations:
• Adopt architectural design requirements to promote high quality, human-
scaled architecture.
• Establish standards for landscaping and screening.
• Ensure that new development and uses in existing neighborhoods are
compatible with the established character and scale of development.
• Encourage infill development and redevelopment opportunities that take full
advantage of the existing infrastructure, yet respect the established character
and scale of the built environment.
• Promote the availability of diverse, high-quality, affordable, and attractive
residential neighborhoods.
L Comprehensive Plan Chapter 4, Implementation, contains strategies to
implement the goals and recommendations described above. These strategies include the
development of new or revised zoning regulations. The Comprehensive Plan says the
development of regulations to implement these specific goals and recommendations is a
"high"priority.
J. The Town Board will examine new or revised regulations outside the High
Density Residential Zone governing two-family dwellings, including possible occupancy,
architectural and/or landscaping requirements, among other things.
K. It is anticipated that the Town Board's review, study and consideration of
these issues can be completed within 9months of the effective date of this local law, and
that legislation, if needed, can be drafted and properly adopted within that timeframe.
L. The Town Board is concerned that any new legislation would be significantly
subverted if development proposals for new two-family dwellings, or for the addition of a
second dwelling unit to an existing non-owner occupied one-family dwelling, were to be
entertained and possibly approved before the Town Board considers such legislation.
M. Accordingly, to protect the public health, safety and welfare, it is the intention
of the Town Board to prevent the consideration and approval of certain types of
development during the limited time the Town needs to conduct its review and study and
adopt subsequent legislation.
Section 2. Prohibited Actions. For a period of two hundred seventy (270) days
from the effective date of this local law, the Town Board hereby declares a moratorium
prohibiting each of the following actions within all zones in the Town of Ithaca except
the High Density Residential Zones, regardless of the submittal or receipt of any
application prior to the effective date of this local law, unless permitted under Section 3
hereunder:
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A. Acceptance, consideration, preliminary approval or final approval by the
Town of Ithaca Planning Board of any site plan or special permit related to the
construction of a new two-family dwelling, or the addition of a second dwelling unit to an
existing one-family dwelling.
B. Acceptance, consideration, preliminary approval or final approval by the
Town of Ithaca Zoning Board of Appeals of any special approval or variance related to
the construction of a new two-family dwelling, or the addition of a second dwelling unit
to an existing one-family dwelling.
C. The issuance of building permits by a Town of Ithaca Code Enforcement
Officer in connection with the construction of a new two-family dwelling, or the addition
of a second dwelling unit to an existing one-family dwelling.
D. Construction of a new two-family dwelling, or the addition of a second
dwelling unit to an existing one-family dwelling, unless construction on the structure
itself is underway (for new construction, all footers completed) as of the effective date of
this local law.
Section 3. Exemptions.
The following actions are exempt from the above-described moratorium to the
extent set forth herein:
A. Any site plan, special permit or special approval that has received conditional
final approval from the Planning Board or Zoning Board of Appeals prior to the effective
date of this local law, and time extensions of such pre-existing approvals, shall be exempt
from the above-described moratorium.
B. The Planning Board and Zoning Board of Appeals may continue to consider
and review any proposal or appeal otherwise prohibited hereunder, and make
determinations under the State Environmental Quality Review Act ("SEQRA") regarding
such proposals and appeals, subject to the following terms and conditions:
1. The applicant has submitted a valid application as of the effective date
of this local law.
2. The applicant assumes the sole risk of pecuniary or other loss,
including without limitation the costs of technical and legal consultation and the
costs of preparation of any submittals, reports or information required by the
Planning Board or Zoning Board of Appeals pursuant to the Code of the Town of
Ithaca, SEQRA or other applicable laws or regulations, arising out of such
continued consideration and review during the pendency of this moratorium.
3. Applications processed under this subsection 2(C) will, unless
otherwise stated herein, be determined by the provisions of the Code of the Town
of Ithaca in effect at the time of such determinations, and not as of the date of this
local law.
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4. Applicants are hereby informed that the Town Board of the Town of
Ithaca is considering changes to such Code which may address or affect the issues
raised by their applications, and which may alter the determinations thereon by
the Planning Board or Zoning Board of Appeals, as applicable, from those which
might have occurred in the absence of such changes.
5. The Planning Board and Zoning Board of Appeals shall not issue any
preliminary or final approval of any application subject to the moratorium during its term.
C. Any action related to the addition of a dwelling unit to an existing one-
family house that is the main home of the owner for federal income tax purposes shall be
exempt from the above-described moratorium.
Section 4. Waivers.
A. Any property owner may appeal to the Town Board for a waiver of the above
prohibitions, and the Town Board shall have the power on good cause shown to grant
such relief, or so much relief as said Board may determine to be necessary and
appropriate. In determining the suitability of a waiver under this section, the Town Board
shall consider the following factors:
1. Unnecessary hardship to the petitioner, which hardship is substantially
greater than any harm to the general public welfare that would result from the
granting of the waiver (for the purposes of this local law, unnecessary hardship
shall not be the mere delay in receiving an approval, the granting of which is
otherwise stayed, during the period imposed by this local law); and
2. The project's harmony (or lack thereof) with the existing character of
the community as a whole and the area of the community in which the property is
located, including but not limited to opportunities the project provides to protect
historic resources; and
3. Whether the application for which the relief is requested is consistent
with any interim data, recommendations, or conclusions which may be drawn at
the time of the public hearing from the aforementioned Town Board review and
study; and
4. Whether the application for which the relief is requested is consistent
with proposed new or amended laws, ordinances or regulations, if and as such
may exist at the time of the public hearing.
B. Waiver procedure. Such petition shall be the subject of a public hearing
before the Town Board. Upon submittal of a written petition to the Town Clerk by the
property owner seeking a waiver of this moratorium in a form to be provided by the
Town Clerk, and supported by such documentation as the applicant deems relevant, the
Town Board shall, within thirty (30) days of receipt of such petition, conduct a public
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hearing on said petition upon five (5) days public notification in the official newspaper of
the Town. At said public hearing, the property owner and other parties wishing to present
evidence on the proposed waiver shall have an opportunity to be heard. The Town Board
shall, within twenty-five (25) days of the close of the public hearing, render its decision
in writing, either granting or denying the petition for a waiver from the strict
requirements of the moratorium.
C. It shall be within the discretion of the Town Board to grant in whole or in part,
grant with conditions, or deny, the petition for relief from the terms of this moratorium.
Any subsequent consideration and approval by the Planning Board or Zoning Board of
Appeals, or subsequent permit issuance by the appropriate Town official, must comply
with the Town Code provisions in effect at the time of such approval or issuance,
including any applicable provisions which the Town Board may adopt pursuant to the
aforementioned review and study.
Section 5. Statement of Authority and Supersession.
A. The Town Board adopts this local law pursuant to authority in the New York
State Constitution, Article IX, Section 2; section 10 of the New York Municipal Home
Rule Law; section 10 of the Statute of Local Governments; the relevant provisions of the
Town Law of the State of New York; the laws of the Town of Ithaca; and the general
police power vested with the Town of Ithaca to promote the health, safety and welfare of
all residents and property owners in the Town.
B. During the time that this law is in effect, it shall take precedence over and
shall be considered controlling over contrary laws, ordinances and provisions. It is the
intent of the Town Board,pursuant to authority under section 10, subdivision 1(ii)(d)(3),
and section 22 of the Municipal Home Rule Law, to supersede inconsistent provisions of
the New York State Town Law and the Code of the Town of Ithaca.
1. In particular, it is the intent of the Town Board,pursuant to authority
under sections 10 and 22 of the Municipal Home Rule Law, to supersede
inconsistent provisions of the New York State Town Law and the Code of the
Town of Ithaca relating to time limits in connection with zoning and planning
determinations. Without limitation, the instant local law hereby supersedes the
following provisions of the Town Law of New York State:
a. Subdivisions 7 and 8 of section 267-a, relating to time limits for
Zoning Board of Appeals hearings and decisions, respectively
b. Subdivision 8 of section 274-a, relating to time limits for
hearings and Planning Board determinations on site plan applications
c. Subdivision 6 of section 274-b, relating to time limits for
hearings and determinations on application for special use permits
d. Section 267-b, relating to the hearing of appeals for variances
by the Zoning Board of Appeals.
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2. For the duration of this moratorium, the Town Board also intends to
supersede, and the instant local law hereby supersedes, all provisions of the Ithaca
Town Code which impose time limits on applications for approvals subject to the
instant moratorium, including without limitation Ithaca Town Code sections 270-
185.E and G, 270-191, and 270-236.D and E relating to hearings and
determinations on site plan applications; Ithaca Town Code sections 270-198.C,
270-201, and 270-236.D and E relating to hearings and determinations on special
permit and special approval applications; Ithaca Town Code sections 270-235.E
and F relating to Zoning Board of Appeals hearings and determinations, and
Ithaca Town Code section 125-4.1) relating to issuance of building permits.
3. For the duration of this moratorium, the Town Board also intends to
supersede, and the instant local law hereby supersedes, section 262 of the Town
Law of New York State to the extent that the provisions of said section
(including, but not limited to, uniformity requirements) are inconsistent with any
provision herein.
Section 6. Penalties. Any person or entity that develops, constructs or establishes
any project or structure in violation of this local law shall be subject to the penalties set
forth in Section 268 of the Town Law of the State of New York. In addition, the proper
authorities of the Town may institute any appropriate action or proceeding to enjoin,
prevent, restrain, correct or abate such violation of this local law.
Section 7. Term. This local law shall be in effect for a period of two hundred
seventy (270) days from its effective date, provided, however, that the penalty section
shall remain in full force and effect after such date for the purpose of prosecuting any
violation which occurred during the effective period of this local law.
Section 8. Validity. 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 9. Effective Date. This local law shall take effect immediately upon
filing with the New York Secretary of State.
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