02-22-1984 Council Agenda - Laserfiche WebLink

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COMPONENTS OF AN ACCESSORY APARTMENT ORDINANCE The following are items to address when considering an ordinance to regulate (vs. restrict or eliminate) accessory apartments in your community. For further information, obtain: "A Guide to Accessory Apartment Regulations: Meeting Smaller Household Needs," Westchester County, 432 County Office Building, 148 Martine Avenue, White Plains, NY 10601, April 1981. Phone: 914 - 682 -2498. Except for a few items which are unique to New York, this is an excellent, concise study of both the issues and regulatory methods; much of the following is based on it. 1. Statement of Purpose or Intent:? a. in order to clearly state what you are trying to accomplish in this ordinance, and the factors that motivated its development -- such as: community generated demand for rental income or family accommodations, or community government - generated demand for more efficient use and /or preservation of existing housing stock b. in order to assist the legal defensibility of the ordinance -- in two areas: I) assist you in the invariable cases of obviously inappropriate conversion applications that slip through some loophole in your standards, and 2) support your ordinance intent in any challenges to the constitutionality or "need" to allow such units c. For example: "It is the specific purpose and intent of this ordinance to allow accessory apartments on one - family properties in all one - family residence districts to provide the opportunity and encouragement for the development of small, rental housing units designed, in particular, to meet the special housing needs of single persons and couples of low and moderate income, both young and old, and also of relatives of families presently living in (town name). Furthermore, it is the purpose and intent of this provision to allow the more efficient use of our existing stock of dwellings (and accessory buildings, if your cor rmnity so chooses) to provide economic and familial support for present families, and to protect and preserve property values." (modified version from Town of New Castle, NY) The above is not necessarily the "recommended" wording for your community, but it is a good, clear, detailed statement of purpose; you must decide what your community's purposes are in regard to this ordinance, and write the policy statement to reflect that; Be wary of simply copying mother community's ordinance: there are several problems with this: I) while it may not have been challenged in court yet, many of the existing ordinances contain some very "questionable" provisions; do some research and get some legal advice from an attorney who is familiar with such ordinances before you adopt anything; 2) what is appropriate for one community may not be appropriate for another, regardless of how apparently similar you may be; look at every example you can, from around the country (check with any of the presenters for references), and then put something together that reflects your community's needs 4 34