[Adopted 11-27-1989 as L.L. No. 5-1989]
It is the intent and purpose of this Article to pursue a three-year
demonstration project to regulate the use of ECHO units through the issuance
of a special permit and an annual license in order to accomplish a Town Comprehensive
Plan objective by allowing the installation of small, removable homes, known
as "elder cottage housing opportunity (ECHO) units," on the same lots with
one-family dwellings as a permitted principal use. Specifically, this Article
is intended to:
A. Permit adult children to provide small, temporary homes
for their aging parents who are in need of support, while maintaining as much
of the independence of the two generations as possible.
B. Reduce the degree to which the elderly homeowners have
to choose between increasing isolation in their homes and institutionalization
in nursing homes.
C. Encourage the continued development and use of small
homes, specifically designed and built for elderly people, which include such
features as easy adaptation to handicapped accessibility, safe exit features
and fire-resistant construction.
D. Permit ECHO housing in a manner that protects the property
values and character of neighborhoods by ensuring that the units are compatible
with the neighborhood and are easily removable.
E. Enable the elderly living in homes too large for their
needs to move to more appropriate housing and thereby make larger homes available
to house larger families.
Application to the administrative agency shall be made, and a letter
certifying eligibility must be issued by the agency. Application for a special
permit for an ECHO unit shall then be made to the Zoning Enforcement Officer
in accordance with the standards and procedures set forth in Section III of
the Zoning Law, subject to the following additional provisions:
A. Materials to assist the Planning Board in reviewing an
application for a special permit, as required by Section III of the Town of
Rhinebeck Zoning Law, shall include:
(1) The names of all owners of record of the principal dwelling
and lot.
(2) The names of the proposed residents of the ECHO unit.
(3) The relationship between the residents of the principal
dwelling and the residents of the ECHO unit.
(4) A survey or other appropriate drawing or document showing
the location and size of the septic system and well and the structures on
the lot, both with and without the ECHO unit.
(5) The applicant's letter of agreement for use, maintenance
and removal.
B. In determining whether to grant the application, the
Planning Board shall consider the following factors, in addition to those
described in Sections VI(A) and VI(B)(2) of the Town of Rhinebeck Zoning Law:
(1) Whether the use will be in harmony with and promote the
general purpose and intent of this Article.
(2) Whether the use will maintain property values and encourage
the most appropriate uses of land.
(3) Whether granting the application will cause an undue
concentration of ECHO units.
(4) Whether the lot area is sufficient, appropriate and adequate
for the use, particularly with regard to septic system and water requirements.
(5) Whether the application will be compatible with the Town
Comprehensive Plan.
C. Upon issuance of a special permit by the Planning Board,
a license may be granted for a period of one year by the Town Board. Thereafter,
upon receipt of certification of continued eligibility by the administrative
agency, the license may be renewed annually by the Town Board.
A special permit for an ECHO unit may be revoked by the Planning Board
upon recommendation of the Zoning Enforcement Officer after notice and a hearing,
if:
A. It shall reasonably appear to the Planning Board that
the ECHO unit is not in compliance with the applicable laws, rules, regulations,
codes or ordinances or that the conditions of the special permit are not satisfied;
or
B. Any lawful inspection of the ECHO unit is refused or
prevented by the owner of the principal dwelling or the resident of the ECHO
unit.
To the extent that such are not minimum requirements established by
the Town of Rhinebeck Zoning Law, the Town Board may waive any of the requirements
of this Article upon specific application and if warranted by the specific
characteristics of the particular structures and lot and circumstances of
the case, provided that such waiver will not adversely affect public health,
safety or welfare and that such waiver will be in harmony with and promote
the general purpose of this Article.