Amortization Provision Eliminating Lawful Nonconforming Uses
This legislation is intended "TO ELIMINATE UNLAWFUL NONCONFORMING MULTIFAMILY DWELLINGS, CREATE AN AMORTIZATION PROVISION ELIMINATING LAWFUL NONCONFORMING USES THAT EXIST DUE TO THE CONVERSION OF SINGLE-FAMILY DWELLINGS TO MULTIFAMILY DWELLINGS, AND ALLOW PROPERTY OWNERS TO RECOUP THEIR INVESTMENTS." The ultimate goal of this legislation is simply to take neighborhoods that have had high conversion rates of Single Family homes into Multi-Family Units and reverse those homes back to Single Family homes. As we go through some sections of this legislation, I will share some of my concerns.
Remember these next two paragraphs, which are explaining part of the reasoning behind this legislation.
WHEREAS, the Mayor and Council recognize that the City of Salisbury’s records concerning zoning enforcement do not always provide sufficient data to determine the scope of conversions to unlawful multifamily uses and, in many cases, there exists no adequate means of determining which residences have been unlawfully converted to multifamily residential use subject to prosecution under the zoning ordinance;
WHEREAS, the Mayor and Council have determined that it is difficult for enforcement officials to ascertain which residences located in a single-family zone are lawful uses, unlawful uses, or lawful nonconforming uses and that attempting to enforce the zoning code on a case-by-case basis in this context would place an undue burden on the taxpayer; It is important to understand their admittance of the difficulty of the government's inability to prove if a property is nonconforming.
WHEREAS, the Mayor and Council are aware that some of the single-family residences converted to multifamily residential uses are owned by individuals and entities whose livelihood is largely dependent upon income from the rental units; Targeting a specific sector of the business community.
WHEREAS, the purpose of these amendments is to promote the goal of returning nonconformance to conformance by ending unlawful nonconforming uses, establishing uniform standards and criteria for remedying the problem of unlawful and, in some cases, lawful conversions from single-family to multifamily residential uses and, in so doing, incorporate the concepts of equity necessary to protect those who should be deemed faultless. The Council also recognizes that enactment of this amendment to the zoning code may create practical difficulties or unusual hardships. Nothing herein shall be construed to limit the rights of any person under the provisions of the Zoning Code. Depending on how many properties are affected, they have not begun to understand the hardships that this particular piece of legislation could cause.
Next, we get into the actual amendments to the code.
17.16.090 Registration of multifamily dwellings.
A. Any building or structure located in a single-family residential zone which has been used or converted to use as a multifamily dwelling shall register with the Department of Building, Permits, and Inspections and meet the registration requirements for a lawful nonconforming use as provided for in section 17.16.100C no later than one year from the date this ordinance is enacted. Requiring every property register with the government that is a Multi-Family Unit in a Single Family neighborhood.
B. If not registered within one year of the effective date of the ordinance, the nonconforming use shall be presumed unlawful, shall be discontinued, and the number of dwelling units that may be used within the structure shall be reduced to the minimum number permitted in the zone in which the building or structure is located. If they do not register, all the units except one must be vacated by order of the government.
17.16.100 Amortization of lawful nonconforming multifamily dwellings.
A. Any registered building or structure located in a single-family residential zone which has been converted from a single-family dwelling and used continuously as a multifamily dwelling may continue the use for a period not to exceed ten years from the effective date of this ordinance even though the buildings, structures or uses do not comply with the regulations applicable to the zone in which the building, structure or use is located, subject to this section. At the end of the of the ten-year period, the lawful nonconforming use shall become unlawful and the number of dwelling units that may be used within the structure shall be reduced to the minimum number permitted in the zone in which the building or structure is located. Buildings or structures located in a single-family residential zone which were originally constructed as multifamily dwellings are exempt from the ten-year phase-out if they meet all other requirements of this Chapter. So, every registered building has ten years to comply with the code.
B. For the purposes of this Chapter, the property owner bears the burden of proof by a preponderance of the evidence. Interestingly, this language is used quite a bit in the municipal code. Basically, you are guilty until proven innocent. You the property owner must prove that the government is wrong. Why, because the government does not have the resources or the detailed records to prove that the property is illegal and/or nonconforming.
C. All noncomforming multifamily dwellings converted and used continuously shall be registered with the Department in accordance with the following procedure:
1. Applications for registration shall be filed on forms provided by the Department; Acceptable.
2. Each application for registration shall be accompanied by notarized affidavits and other evidence that may be necessary and appropriate to establish that the multifamily dwelling use existed prior to the version of the zoning code that would change its status from conforming to lawfully nonconforming and said use has existed continuously since then; This sounds like fun and is certainly going to cause some wasted paper.
3. Each application for registration shall be accompanied by a use-and-occupancy certificate and a rental license, if required; and
4. Each application for registration shall be accompanied by a registration fee in the amount of $100. The bottom line, $100 for each application to prove you are innocent.
E. The Director and the Housing Official shall make an inspection of each property for which an application for registration has been submitted and each such property shall be brought into compliance with all applicable codes and regulations within 180 days after notification of the violations or deficiencies. Wow! Six months to turn a multifamily unit into a single family home.
F. Structural alterations of a building or structure which do not conform to the provisions of the zoning district in which it is located may be made only if the building is being altered to conform to the provisions of this Chapter or to conform to other applicable codes or regulations. You can only alter your property to make it conform to the zoning district.
G. A registered nonconforming multifamily dwelling may not be extended, expanded, or increased in intensity of use in any way. If an owner begins the process of converting a structure to a single-family use, the Department shall be notified. You have to notify the government if you are turning it into a single family home.
17.16.110 Violations
A. The owner of an occupied unlawful nonconforming use shall be issued a municipal infraction citation and fined the maximum allowed under the law for each occupied dwelling unit. Each day a violation remains uncorrected is a separate violation subject to an additional citation and fine.
1. The Director shall order that all but one dwelling unit be vacated within a reasonable period of time to be determined by the Director. At the conclusion of the period of time in which all but one dwelling unit is to be vacated, the Director shall re-inspect the property to ensure compliance. There shall be a $100 fee for re-inspection of one dwelling unit and an additional $50 fee for each additional dwelling unit. How many for fees are they going to hit property owners with in this process? We are already at $350 if it is a 4 unit building.
2. The owner of an occupied unlawful nonconforming use shall reimburse any occupant of an unlawful nonconforming dwelling unit for expenses incurred by the occupant for relocating. Expenses include, but are not limited to, moving costs, any difference in the occupant’s rent at his or her new dwelling that is in excess of the rent paid at the unlawful nonconforming dwelling, for a period not to exceed 60 days, and any attorney’s fees incurred by the occupant to enforce this provision. So, the landlord must pay for a tenant to move, the difference of their first two months rent and their attorney fees. The thought process that landlords and property owners are flush with cash is unrealistic. This could crush the rental industry.
B. Upon enactment of this ordinance the employees of every city department or agency shall be required to identify every residential structure they encounter during the course of their duties as single-family or multifamily, the location of the dwelling unit, if there is more than one, and any information that might be available that would indicate occupancy. This information shall be forwarded to the Director on at least a monthly basis and be placed in a database that may only be used for enforcement of this Chapter. So, every police officer, parking enforcement officer, public works employee, firefighter, emt, and so on, must report properties that they deem to be nonconforming. Expanding the scope and power of government to the extreme is what we are witnessing here in this piece of legislation.
C. Once a property is identified as an unlawful nonconforming multifamily dwelling, all City services to that property in excess of those necessary to support a single-family dwelling shall cease after reasonable notice. For the purposes of this section, reasonable notice shall mean posting each dwelling unit with a copy of this section, stating which services will be terminated, the date they will be terminated, which shall be no sooner than thirty days from the date the property is posted, the dwelling units that will be affected, and by mailing the same information to the owner by regular mail at the address listed in the Maryland State Department of Assessment and Taxation’s database. Despite an individual having a tough time to relocate the government is going to reduce his/her living condition to that of Third World countries. I assume the government will determine which dwelling unit will remain.
D. The submission of a false affidavit in support of an application for registration or may result in the owner’s application being denied and subject the person signing the affidavit to the penalties of perjury.
On so many levels this legislation is to far reaching. It is an expansion of government power on property rights that is unprecedented. It places the burden of proof on the accused because the government admittedly cannot make it's case because of inadequate record keeping and not enough resources to research.
However, on the other hand the government is going to use every resource possible to identify nonconforming properties by requiring every government employee from police officers to firefighters to public works employees to the department of finance, to report nonconforming properties to NSCC during the course of their duties. This is an extreme abuse of government power and an added job duty on already furloughed employees.
This also seems to be an attempt to dismantle an entire portion of our business community, without regard to the negative impact it will have on the community as a whole. The potential for displacing thousands of people is very realistic. It is also frightening that a government would go to the lengths it is going in this particular legislation.
The issue of displacement is the biggest problem here. The discussion about affordable housing has been at the forefront in this city for many years. When you remove an avenue that many use for affordable housing, it will create a housing crisis in this city. Many apartment buildings have waiting lists. Are we going to construct more options for housing in this city?
The other major issue with these houses that have been converted, is the burden it will place on property owners to get them back in compliance as single family dwellings. The cost will be enormous to convert the structure, to find a single family that can afford to occupy the home whether they buy or rent it.
There are more issues that will arise from this legislation than I have stated here. With this particular amendment, I have grave concerns on the detrimental affect it will have on Property Rights in Salisbury. Hopefully, our representatives will see the effects it will have on Liberty because it must be defended at all costs.
This is a very good analysis of this piece of legislation. I would like to see more of this from Mr. Boda on County and City legislation. Keep up the good work and fighting intrusions on freedom and liberty.
ReplyDeleteAs a renter in this city and one who lives in such a place as described above, I would be hard pressed to find a suitable place to live. If the place I lived in was converted back to a single family home, the cost to heat it would be more than what I pay in rent.
ReplyDeleteAlso, what has changed since that time are the living situations of family. At that time people were having more children and often times several generations lived in one house. In those types of situations you needed houses that big.
I think Boda has hit the nail on the head and he raises many valid points as to the many problems with this type of legislation.