Where permitted, this use is impacted by the
Dimensional Standards for the underlying zoning district - in particular the Building Heights and Yard Regulations. Please review the
Dimensional Standards by district for more information.
Accessory dwelling units.
A. Purpose and intent. It is the specific purpose and intent of this section to allow accessory dwelling units in Conservation, Agricultural and residential zones (as set forth elsewhere in this chapter) to provide the opportunity for the development of small rental housing units designed, in particular, to meet the housing needs of persons of low and moderate income, and of relatives of families residing in the Town of Ithaca. Furthermore, it is the purpose and intent of this section to allow for efficient use of the Town's existing stock of dwellings in economic support of resident families and to protect and preserve property values while preserving the character and quality of life in the Town of Ithaca's residential neighborhoods. To help achieve these and other goals consistent with the Town of Ithaca Comprehensive Plan, specific requirements are hereby set forth for accessory dwelling units and their related uses. These requirements are in addition to any other requirements for accessory dwelling units set forth elsewhere in this chapter.
B. Requirements applicable to all accessory dwelling units.
(1) Floor area. The floor area of the accessory dwelling unit may not exceed 800 square feet or 70% of the floor area of the principal dwelling unit, whichever is less.
(2) Operating permit.
(a)
Operating permits issued pursuant to Town of Ithaca Code Chapter
125 (Building Construction and Fire Prevention), §
125-8, are required throughout the term of rental occupancy for all accessory dwelling units that are rented for terms of at least 30 consecutive days.
(b) Owners of accessory dwelling units that require operating permits and that exist as of the effective date of this §
270-219.6 must apply for operating permits for the accessory dwelling units by May 1, 2018. Owners of accessory dwelling units that require operating permits and that are created after the effective date of this §
270-219.6, or that are not rented as of the effective date of this section but are subsequently rented, must apply for operating permits prior to rental occupancy. If an operating permit is granted after an inspection, the operating permit must thereafter be maintained at all times during which the accessory dwelling unit is rented for a term of at least 30 consecutive days. Before the expiration or renewal of the operating permit, it shall be the responsibility of the owner of the accessory dwelling unit(s) to schedule a housing inspection with the Town of Ithaca Code Enforcement Department in order to obtain a new or renewed permit.
(c) The Code Enforcement Department shall issue an operating permit upon verification by inspection that the items listed in Subsection
B(2)(c)[1] through
[13] below meet the requirements of the applicable New York State Uniform Fire Prevention and Building Code, the Energy Code Supplement (Town Code
Chapter 144: Energy Code Supplement), and the items listed in Subsection
B(2)(c)[14] through
[16] below meet the requirements of the Town of Ithaca Code:
[1] 911 address number properly posted (with each unit posted);
[2] Exterior structure in good repair;
[3] Entrances, access areas, parking spaces and similar areas in good repair;
[4] Receptacles for proper storage of garbage;
[5] Compliant pools and decks (if present);
[6] Working smoke and carbon monoxide detectors;
[7] Interior structure in good repair;
[8] Fire separation (where required);
[9] Electrical, plumbing and heating in good repair;
[10] Appliances in good repair (if supplied by landlord);
[11] Proper light and ventilation;
[12] Proper room sizes;
[13] Proper egress doors or windows;
[14] Compliant off-street parking, per Town of Ithaca Code §
270-227;
[15] Compliant number of occupants/families, per Town of Ithaca Code § 270-5's definition of "family" and occupancy requirements in the relevant zoning district; and
[16] Exterior property areas are not in violation of Town of Ithaca Code §
205-2.
(d) A Code Enforcement Officer shall seek a search warrant from a court of competent jurisdiction whenever the owner, managing agent or occupant fails to allow inspections of any premises believed to be subject to this §
270-219.6B(2) and where there is a reasonable cause to believe that there is a violation of this section, Town of Ithaca Code Chapter
205 (Property Maintenance), §
205-2, Town of Ithaca Code Zoning Chapter provisions related to parking or number of occupants/families, the New York State Uniform Fire Prevention and Building Code, or the Energy Code Supplement (Town Code
Chapter 144: Energy Code Supplement).
(e) Failure of an owner of any accessory dwelling unit that is required to have an operating permit to apply for an operating permit in a timely manner, to obtain an operating permit after inspection, or to maintain a valid operating permit after it is granted while the accessory dwelling unit is rented for a term of at least 30 consecutive days shall be deemed a violation of this chapter, and, in addition to the other enforcement mechanisms and remedies set forth in this chapter, a Code Enforcement Officer may order that such accessory dwelling unit(s) be vacated within a specified time after notice of violation, unless the property is brought into compliance within a reasonable time frame specified in the notice of violation. If a violation persists beyond the time frame specified in the notice of violation, and the property is ordered vacated, the property must be kept vacated until it is brought into compliance.
(f) Over-occupancy. Verified over-occupancy shall constitute a violation of the operating permit. After the issuance of an order to remedy, the property owner shall have 30 days to comply with applicable occupancy limits.
(g) Before issuing an operating permit, the Code Enforcement Department shall secure, as part of the permit application, information related to the property sufficient enough to allow for enforcement of this chapter.
(h) Pursuant to Public Officers Law Article 6 (also known as the "Freedom of Information Law"), § 87(2)(b), personal information identifying tenants may be exempt from disclosure under the Freedom of Information Law on the grounds that such disclosure would constitute an unwarranted invasion of personal privacy. The Town of Ithaca will not collect the identities of tenants as part of the operating permit application process. The identities of tenants may be collected in connection with specific enforcement actions, but the identities may be exempt from disclosure under the Freedom of Information Law.
(3) Owner occupancy.
(a) There is no owner occupancy requirement for:
[1] Properties in the High Density Residential Zone; or
[2] Properties that contain accessory dwelling units that are listed in Town of Ithaca records or Tompkins County's assessment database as of the effective date of this §
270-219.6; or
[3] Properties that contain accessory dwelling units that the owner can prove, to the satisfaction of a Code Enforcement Officer by January 1, 2019, existed as of the effective date of this §
270-219.6.
(b) For all other properties, one of the dwelling units on a lot containing an accessory dwelling unit must be the principal residence of at least one of the property owners, except as provided below. No other owner(s) shall own a larger percentage, collectively or individually, than the owner-occupant(s), who must reside in the dwelling unit for a minimum of 185 days per year. Once every five years, the owner-occupancy requirement shall not apply for up to 12 consecutive months. An operating permit is required for the dwelling unit vacated by the owner during any period that the dwelling unit is rented for a term of at least 30 consecutive days.
(4) Reversion to classification without accessory dwelling unit. To establish that a property that contained an accessory dwelling unit no longer contains such unit, the following procedures shall be followed:
(a) Any evidence of a kitchen facility or, in the alternative, any evidence of a bathroom shall be removed from the area under consideration so complete living facilities for one family no longer exist.
(b) The owner of the property shall sign an affidavit and certification, in a form satisfactory to the Code Enforcement Officer, to the effect that:
[1] The facilities referred to above have been removed;
[2] Said facilities will not be reinstalled without a building permit or other approval from the Code Enforcement Department; and
[3] The area from which the facilities were removed will not be used as a separate dwelling unit until the Code Enforcement Department is notified and any required approvals, permits or other certificates, including a certificate of occupancy, are obtained.
(c) Such affidavit shall be recorded, at the expense of the property owner, in the Tompkins County Clerk's office and indexed against the property and the name of the then-owner of the property.
(d) A Code Enforcement Officer may inspect the premises to confirm compliance with this subsection.
(e) The Code Enforcement Officer shall have the discretion to deviate, in whole or in part, from the procedure set forth above in those circumstances where the officer is satisfied that compliance may be assured in some other manner.
C. Additional requirements applicable to detached accessory dwelling units.
(1) No other accessory dwelling units may be located on the lot;
(2) If the street-facing facade of the building occupied by a detached accessory dwelling unit is visible from the street line, at least 20% of the street-facing facade must have window or door openings; and
(3) For buildings constructed after the effective date of this Subsection C, the minimum required roof pitch of the building occupied by a detached accessory dwelling unit is 4:12.
D. Traditional neighborhood development. In an NT-3 or NT-4 zone, New Neighborhood Code requirements for accessory housing units apply. (Detached house building type only, use in § 272-603.10; accessory building setbacks for a detached house in § 272-403.3.) Floor area, operating permit, owner occupancy, and reversion requirements in §
270-219.6B above also apply.
