Trustees Pass Resolution Addressing Zoning Change

RFH 2010, Featured Articles, Village of Hamilton

Wed, Oct 05, 2011

Village Board asks Planning Board to Make Change for Functional Family Unit

Trustees Pass Resolution Addressing Zoning Change

The Village Board tonight passed a resolution that starts the process to change the local zoning law and allow the creation of a home for several unrelated young people of color supervised by professional staff and not parents.

Specifically, it would allow a home with a "functional family unit" in any part of the village where zoning now allows a conventional family home without the need for a variance or special use permit. Currently, "functional family units" are not allowed in the R-1 residential zone. The resolution directed the village planning board to amend the zoning law to facilitate the change, and included an opportunity for the Planning Board to offer an alternative to the change requested by the trustees.

Mayor Margaret Miller and three of the four trustees voted in favor of the resolution. Trustee Anne Clauss abstained, and recused herself from the discussion of the issue because she was formerly involved with the project to create a home connected to the A Better Chance program, also known as ABC. After the meeting Clauss said she has not been involved with the project since April, and said she filed the original request for the zoning variance.

ABC homes are meant to give high school students in need the opportunity to attended good schools and improve their chances of going to college. About 500 students are in the program nationwide. An ABC home operates in Clinton.

A number of people spoke out on both sides of the issue at last month's public hearing on the issue. Tonight's special meeting was called to vote on the resoution, but the board did ask for and field comments from members of the Planning Board and some residents who attended.

Trustee Russ Lura, (in photo) who introduced the resolution, said it was clear from current state law and court decisions that "functional family units" must "by right" be treated like any other family, and thus allowed in any residential zone of a municipality where conventional families are allowed.

It was those two words -- "by right' -- that drew most of the comments and caused most of the contention. Planning Board Chairman Bob McVaugh said including those words meant his board's hands would be tied, and that they would limit the amount of control the village could exercise in regulating such residences. Planning Board members Ben Barrett and Morgan Larson also spoke at the meeting, suggesting the resolution undermined their board's ability to do its job.

Lura made it clear that it is the prerogative of the board of trustees to direct the Planning Board to make such changes. He said the case law on "functional family units" was clear, while McVaugh said there were many ways it could be interprted.

The resolution directed the Planning Board to make the changes and return them to the village board by Dec. 1 so it could vote on the measure at its regular meeting that month.

Here is the full text of the resolution:

Review and Recommendation from the Planning Board on Amending the Zoning Code

WHEREAS, the Village Board has reviewed the Village’s Zoning Code regarding Functional Family Units and Family; and

WHEREAS, the Village Board believes our current zoning regarding Functional Family Units needs to be changed to be in compliance with New York State case law;

WHEREAS, in order to do so, the Board proposes the following action:

1. the definitions of “Family” and “Functional Family Unit” be revised as necessary to ensure that they meet the requirements of New York State case law:

2. the functional and factual equivalent of a family be allowed by right anywhere a single family dwelling is allowed; and

3. that a procedure would be developed to determine whether a proposed functional and factual equivalent of a family meets the requirements set forth in the Code;

WHEREAS, the Board would like the Planning Board to consider the changes proposed and to make a recommendation on how the Code should be changed to bring about compliance;

NOW, THEREFORE, BE IT RESOLVED,

That the Village Board sends this proposed zoning change to the Planning Board for their review and recommendation on how it should be incorporated into our current zoning code; and be it further resolved

That the Planning Board provide an alternative proposal, if they so desire; and be it further resolved

That the Planning Board complete their review within 45 days, with a report due back by December 1 in order that a public hearing can be held on the proposed changes at the December Village Board meeting.