Chapter 210 Housing Standards Part 1 Residential Premises Article II Space Requirements 210-6 General Requirements A.

s A. Buildings occupied in whole or in part, as defined in this Part 1, shall comply with the requirements hereinafter set forth concerning occupancy, size, light and ventilation in order to provide a safe and healthful environment. B. The term "accessory use" shall have a uniform meaning and shall apply in the same manner and under the same conditions or restrictions to all residential buildings. Buildings, for the purpose of this Part 1, shall be classified in respect to their occupancies as follows: A. One- and two-family dwellings: buildings containing one dwelling unit or two dwelling units with fewer than four lodgers residing with a family in either one of such dwelling units. B. Multiple dwellings: (1) The following types of buildings are multiple dwellings where the occupants are primarily permanent in nature and are classified as Group R-2 under the New York State Uniform Fire Prevention and Building Code: (a) Buildings containing one dwelling unit or two dwelling units with more than four lodgers, residing with a family in either one of such dwelling units. (b) Buildings containing three or more dwelling units. (c) Apartment houses. (d) Garden apartments. (e) Community residences. (f) Boardinghouses (nontransient). (g) Convents. (h) Dormitories. (i) Fraternities and sororities. (j) Monasteries. (k) Vacation timeshare properties. (l) Hotels (nontransient). (m) Motels (nontransient). (n) Lodging houses and lodging units. (o) Buildings with three or more single rooms to let or combination of three or more dwelling units and single rooms to let. (2) The following types of buildings are multiple dwellings where the occupants are primarily transient in nature and are classified as Group R-1 under the New York State Uniform Fire Prevention and Building Code: (a) Hotels (transient). (b) Motels (transient). (c) Boardinghouses (transient).

Chapter 325 Zoning Article II Zoning District Article III Special Permits 325-10 Accessory Apartments A. Intent. This section authorizes, upon issuance of a special temporary permit, the installation of accessory apartments in owner-occupied homes. The purpose and intent of permitting accessory apartments is: (1) To provide homeowners, especially those of low and moderate income, with a means of obtaining through rental income, companionship, security and services and thereby to enable them to stay more comfortably in homes and neighborhoods they might otherwise be forced to leave. (2) To add inexpensive rental units to the housing stock to meet the needs of smaller households, both young and old. (3) To make housing units available to low- and moderate-income households who might otherwise have difficulty finding homes within the City. (4) To develop housing units in family neighborhoods that are appropriate for households at a variety of stages in the lifecycle, thereby lessening fluctuations in neighborhood demand for services. (5) To preserve and allow more efficient use of the City's existing stock of dwellings while ensuring healthy and safe living environments. (6) To protect stability, property values and the residential character of a neighborhood by ensuring that accessory apartments are installed only in owner-occupied houses and under such additional conditions as may be appropriate to further the purposes of this chapter. B. Issuance of temporary permit. (1) Application for an accessory apartment temporary permit shall be made to the Board of Zoning Appeals in accordance with the procedures of 325-40. Application shall also be made for a recommendation from the City Planning and Development Board. Applications shall include the following: [Amended 7-1-1998 by Ord. No. 98-11] (a) An accessory apartment application form. (b) A site plan. (c) Floor plans, existing and proposed, with dimensions specified. (d) Facade drawings, if exterior alterations are proposed (1/4 inch equals one foot). (e) An affidavit of residency and ownership. (f) Proof of notification of property owners within 200 feet. (g) A building permit application. Editor's Note: Former Subsection B(1)(h), requiring an application fee of $15, was repealed 1-29-2003 by Ord. No. 2003-2. (2) An accessory apartment must comply with the New York State Uniform Fire Prevention and Building Code. An accessory apartment use special permit shall be issued for a three-year period. C. Renewals. Renewal permits for additional three-year periods shall be granted by the Building Commissioner following inspection of the premises by the Building Department, submission of a renewal application form issued by the Building Department

and an affidavit stating that the conditions as originally set forth to the Board of Zoning Appeals have not changed in any way. The Building Commissioner shall determine that the premises still meet the standards of the New York State Uniform Fire Prevention and Building Code and that the original qualifying conditions still exist. D. Requirements. In order to be granted a temporary permit, the following criteria and requirements must be met: (1) Owner occupancy required. The owner(s) as defined in 325-3 of the lot upon which the accessory apartment is located shall occupy and maintain as a legal full-time residence at least one of the dwelling units on the premises, except for temporary absences not to exceed 18 months in any five-year period. Longer absences will result in revocation of the temporary permit, except by approval of the Board of Zoning Appeals. In addition, no owner occupant shall occupy an accessory apartment as his or her primary residence and let the main unit until: [Amended 5-7-1997 by Ord. No. 97-6; 7-1-1998 by Ord. No. 98-11] (a) At least one owner occupant has owned and occupied the main unit in the property after the development of the accessory apartment for a period of five years; (b) At least one owner occupant has owned and occupied the property as a single-family dwelling for a period of five years; or (c) At least one owner occupant has owned and occupied the property in a combination of occupancy as in Subsection D(1)(a) and (b) above that represents a total of five years' residency. (2) Occupancy. The accessory apartment unit may be occupied by an individual or a family plus not more than one unrelated occupant. Minor dependent children in the care of a parent or relative shall be excluded in determining the number of unrelated occupants in a dwelling unit. (3) Location. Accessory apartments may be located on one-family properties in any district in which residential use is permitted. An accessory apartment may be located either in the main structure or in an accessory building, provided that such accessory building and main structure meet all the requirements of the City of Ithaca Building Code. Editor's Note: See Ch. 146, Building Construction. There shall be no more than one accessory apartment per lot. (4) Size. The floor area of an accessory apartment within a principal dwelling building shall not exceed 33-1/3% of the total habitable floor area of the building in which it is located. If the Board of Zoning Appeals determines that a greater floor space is necessary because the configuration of the building makes meeting these requirements impractical, then the Board of Zoning Appeals may waive the maximum. Each accessory apartment shall be limited to a maximum of two bedrooms. (5) Area requirements. (a) A permit shall be granted by the Board of Zoning Appeals in spite of existing legal area deficiencies for the main structure, except where the Board of Zoning Appeals determines that there would be a negative effect on surrounding properties. (b) Relaxation of area requirements for purposes of a temporary permit shall terminate with the temporary permit and shall not be viewed as a variance.

(c) Notwithstanding any other requirements of this section, a minimum side and rear yard setback of five feet shall be required, except that, where light, air and open space requirements of the City Building and Housing Code Editor's Note: See Ch. 146, Building Construction, and Ch. 210, Housing Standards. can be met, the five-foot setback may be waived in existing main structures, with the exception of accessory buildings. New structures housing accessory apartments shall meet all applicable codes, including the area requirements of this chapter. (6) Exterior appearance. If an accessory apartment is located in the main building, the entry to the building and its design shall be such that the appearance of the building shall remain as a single-family residence. New or additional front entrances or windows are discouraged but in any event must be in keeping with the architectural style of the rest of the structure. Exterior stairways may only be constructed in the rear, except where an alternate location would be less publicly visible. Any exterior design changes may be referred by the Board of Zoning Appeals to the Design Review Board for its technical advice. New or additional front entrances must have the approval of the Design Review Board. (7) Off-street parking. Off-street parking requirements shall be met, except that, in cases of practical difficulty, the Board of Zoning Appeals may waive the parking requirement if there is adequate parking in the neighborhood. (8) Deed restriction. Within 30 days of an accessory apartment permit, the owner(s) must record at the Tompkins County Clerk's office a declaration of covenants on the subject property, with cross-referencing to the original deed, and provide proof of such recording and cross-referencing to the Building Commissioner, who may then issue a building permit. The declaration shall state that the right to use the property as a two-family dwelling ceases if the property is not occupied by the owner of this real property for his or her legal full-time residence as required by 325-10D of the City of Ithaca Municipal Code. The declaration shall go on to state that the special permit granted by the Board of Zoning Appeals expires unless renewed every three years as required by 325-10C of the City of Ithaca Municipal Code. The Building Commissioner shall note the existence of an accessory apartment on the record of the property. [Amended 7-1-1998 by Ord. No. 98-11] E. Unapproved accessory apartments. Owners of unapproved accessory apartments in existence as of the effective date of this section shall have 90 days from the date of enactment to apply for an accessory apartment temporary permit and to meet the requirements of this section. Any such property owner who is not in the process of completing or who has not completed these requirements within the required 90 days shall be found in violation if the apartment is occupied. F. Revocation. The Building Commissioner shall revoke any special permit issued hereunder should the applicant or the applicant's tenant violate any provision of this chapter or any condition imposed upon the issuance of the special permit. G. Periodic review. The Building Commissioner and the Department of Planning and Development shall review the effects of this section at least every five years to determine the long-term effect on the residential character of the neighborhoods. H. Standards for the grant of an accessory apartment permit. The Board of Zoning Appeals shall use the applicable standards found in 325-9D of the Municipal Code in considering the decision to grant or deny an accessory apartment permit.

[Amended 7-1-1998 by Ord. No. 98-11]