GENERAL ORDINANCE
BY COUNCIL PRESIDENT COLLINS-BELLAMY, MAJORITY LEADER RUBBO, MAJORITY WHIP NORMAN, MINORITY LEADER BREEN, COUNCILMEMBERS, PINEDA-ISAAC, DIAZ AND HODGES:
GENERAL ORDINANCE INSTITUTING A TEMPORARY MORATORIUM ON SELF-STORAGE FACILITIES WITHIN THE CITY OF YONKERS
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The City Council of the City of Yonkers hereby ordains and enacts as follows:
Section 1. Purpose, Intent, and Findings
The City Council of the City of Yonkers (the "City Council) is committed to fostering an environment for sustainable economic development within the City of Yonkers (the “City”). The proliferation of self-storage facilities within the City is thought to be incompatible with this economic goal. While self-storage facilities contribute to property tax revenues, overall, self-storage facilities generally produce less tax revenue compared to mixed-use, commercial, or residential land uses, have low post-construction job creation value, and have characteristics that potentially diminish neighborhood character comfort, reduce street activity, disrupt walkability within commercial areas, and conflict with adjacent residential uses.
The proposed moratorium is specifically determined to be necessary to preserve the City's economic goals and minimize the potential long-term impact of self-storage facilities on the City's economy while the City completes its examination of its zoning laws and land-use strategies as they relate to self-storage facilities to ensure that they continue to align with the City's economic objectives and the community's needs.
Section 2. Moratorium
Pursuant to its police power, the City Council hereby enacts a temporary moratorium on self-storage facilities within the City whereby no approval permitting any new self-storage facility may be granted by the City (the “Moratorium”).
The Moratorium established by this ordinance shall not apply to those projects providing for a self-storage facility that have obtained a variance from the City Zoning Board of Appeals, obtained site plan approval from the City Planning Board, or submitted an application to the City Planning Board for amended site plan approval is sought
Section 3. Appeals
A person or entity with standing may appeal to the City Council for relief from the provisions of this general ordinance. The City Council shall have the power to grant such relief or so much relief as determined by the City Council to be necessary and appropriate.
As a part of the appeal, the applicant shall:
(1) demonstrate that applicant has been aggrieved by this Moratorium;
(2) describe how this Moratorium denied applicant the use of its property;
(3) set forth the specific basis for the claimed hardship as it relates to the Moratorium; and
(4) set forth the specific relief requested.
Before deciding any such appeal, the City Council shall conduct a public hearing with the same notice as required by law for a zoning amendment. In considering an appeal, the City Council shall consider the following criteria:
(1) whether the hardship has been self-created;
(2) whether it is unique to the specific property for which relief is requested;
(3) whether the relief requested is the minimum necessary to overcome the claimed hardship;
(4) whether the benefit to the applicant, if the requested relief is granted, is not outweighed by any detriment to the health, safety and general welfare of the community; and
(5) whether the relief requested by the appeal is consistent with any proposed new or amended regulations, if and as such may exist at the time of the public hearing.
The decision of the City Council on any such appeal shall be final.
Section 4. New York State Environmental Quality Review Act
The City Council hereby determines that the adoption of this temporary moratorium constitutes a Type II action under the New York State Environmental Quality Review Act (“SEQRA”) pursuant to Section 617.5(c)(36) of Title 6 of the New York Codes, Rules and Regulations as an adoption of a moratorium on land development or construction; therefore, no further review pursuant to SEQRA is required.
Section 5. Severability
If any section, subsection, clause, phrase or other portion of this ordinance is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body or other authority of competent jurisdiction, the portion of the ordinance declared to be invalid will be deemed a separate, distinct, and independent portion and the declaration will not affect the validity of the remaining portions hereof, which will continue in full force and effect
Section 6. Effective Date and Term
The Moratorium provided for by this ordinance shall be effective immediately, upon publication of notice pursuant to Section C4-6 of the Charter of the City (the "Effective Date"). This general ordinance shall commence on the Effective Date and shall remain in effect for a period of 180 days.