Zoneomics Logo
search icon

Bayville City Zoning Code

ARTICLE III

Parent-Child Residence

§ 80-7 Approval by Board of Appeals required; special conditions.

A. 
Special use permit. The Board of Appeals may, after notice and public hearing, grant a special use permit for a parent-child residence subject to the following requirements:
(1) 
The applicant shall demonstrate, and the Board must find that there is a reasonable need to establish a parent - child residence based upon the following criteria:
(a) 
To promote "aging in place" by allowing seniors and persons with permanent disabilities to live at home for as long as possible.
(b) 
To ease financial burdens for parent or child while permitting them to live in supportive surroundings in close proximity to care givers who provide their needed support and care.
(2) 
A resident fee owner of the one-family detached dwelling shall occupy one of the dwelling units, and parent or child of the resident fee owner (or owner's spouse/domestic partner), shall occupy the other dwelling unit.
(3) 
The unit containing the second kitchen shall not be larger than 700 square feet with no more than two bedrooms.
(4) 
The second kitchen shall not exceed 80 square feet.
(5) 
No portion of a parent-child dwelling unit shall be located in a cellar or above the second habitable floor.
(6) 
No boarders or roomers shall be permitted in a dwelling containing a parent-child residence.
(7) 
No parent-child special use permit shall be issued for a period exceeding one year.
(8) 
No more than one parent-child residence shall be permitted on any lot.
(9) 
A lot of dwellings which contain a home office, home business or a preexisting nonconforming two-family residence shall not be permitted to contain a parent-child residence.
(10) 
The principal use for the lot shall be a one-family dwelling.
(11) 
Exterior.
(a) 
The principal building on the lot must continue to maintain the outward appearance of a one-family dwelling.
(b) 
Both units shall share a common building entranceway, doorbell, mailbox and only one meter for each utility supplied.
(c) 
There shall be no separate entrance for the exclusive use of the second kitchen unit; no exterior stairway to the second floor of the building; and only one set of stairs leading from any one floor to any other floor; no separate exterior entrances or interior keyed lock/deadbolts shall be permitted between the two dwelling units.
(12) 
A minimum of three off-street parking spaces shall be provided on the site to serve both dwelling units.
(13) 
Submission of a building and plumbing permit applications with architectural plans for the additional dwelling unit and reversal building plans for the removal of the second kitchen facilities if the special use permit is terminated.
(14) 
Any conditions deemed appropriate by the Board of Appeals to ensure compliance with the above requirements.
(15) 
The special use permit for a parent-child residence shall terminate upon the happening of the following events:
(a) 
Sale or lease of any part of the parent-child residence.
(b) 
Any change of occupancy in the parent-child residence by persons other than those persons approved by the special use permit/decision.
(c) 
Failure to renew the special use permit prior to its expiration.
B. 
Regulations for preexisting mother-daughter residences.
(1) 
Any special use permit granted for a mother-daughter residence prior to the effective date of this local law shall terminate upon the happening of the following events:
(a) 
Sale or lease of any part of the mother-daughter residence.
(b) 
Any change or occupancy in the mother-daughter residence from the occupancy by those persons approved by the special use permit.
(c) 
Failure to comply with any other terms of the special use permit or the declaration of covenants and restrictions required thereunder.
(d) 
Failure to renew the special use permit for a mother-daughter residence prior to its expiration.
(2) 
A one year special use permit granted for a mother-daughter residence may be renewed prior to the anniversary of the original date such special use permit was granted for a renewal period of one year, provided there is compliance with all the conditions and requirements of the special use permit.
C. 
Application, permit renewal and inspections.
(1) 
Application.
(a) 
The parent-child residence application shall be accompanied by documentary proof of fee ownership of the single-family detached dwelling and at least two forms of documentary proof establishing that the occupant(s) of the parent-child dwelling unit is a parent or child of the fee owner or the fee owner's spouse or domestic partner. Acceptable forms of documentary proof establishing proof of ownership of the single-family detached dwelling shall be deemed to include, but shall not be limited to, a deed or contract of sale to the dwelling. Acceptable forms of documentary proof establishing the parent child relationship shall be deemed to include, but shall not be limited to, birth certificate, marriage certificate, baptismal certificate, adoption certificate, driver's license, passport or green card. The names and ages of all occupants of the two dwelling units shall be required to be declared on each application, and photographs of each person, labeled for identification shall be required.
(b) 
Any person whose necessary information as required above has not been submitted to, and approved by, the Board shall not be a person whose residence at the premises constitutes qualification for a parent-child residence status, regardless of familial relationship to the owner pending further application to and approval by, the Board, if any. If at any time no owner or approved qualifying immediate relative shall be a permanent resident of his or her respective dwelling unit the parent-child residence status shall immediately terminate, without need of further action by the Board of Appeals or any other board or official of the Village. In such a case, the occupancy of the dwelling by a second family and maintenance of a second kitchen shall both become immediate and continuous nonpermitted uses in the district where they are situated, unless and until they are abated. The term "permanent resident" shall mean a person who actually resides at the premises in excess of 186 days per year: excepting active federal military duty.
(2) 
Permit renewal and inspections. Every special use permit for parent-child residence shall expire one year after the date when such permit was initially granted. Such permit shall be renewed annually subject to the following requirements:
(a) 
The filing of a renewal application which shall not be issued until reviewed by the Building Inspector for completeness and accuracy and who shall make an on-site inspection of the parent-child residence or preexisting mother-daughter residence and certifies that the residence, as well as the premises in which the same are located, are occupied by parent or child as defined in § 80-3 and comply fully with the special use permit and all applicable state and local laws, ordinances, rules and regulations of the County and Village and that such dwelling would not create an unsafe or dangerous condition or create an unsafe or substandard structure or create a nuisance to adjoining nearby property.
(b) 
The Building Inspector is authorized to make or cause to be made inspections to determine the condition of the parent-child residence. The Building Inspector or Code Enforcement Officer is authorized to enter, upon the consent of the owner or occupants of each dwelling unit in the parent-child residence and the premises in which the same is located, at a reasonable time or at such other time as may be necessary in an emergency for the purpose of performing the duties under this article.
(c) 
The Building Inspector is authorized to make application to the Village Justice Court of the Village of Bayville or a court of competent jurisdiction for the issuance of a search warrant, to be executed by a police officer, in order to conduct an inspection of any premises covered by this article where the owner or occupant refuses or fails, after due notice by certified mail to allow an inspection of any parent-child residence dwelling unit or premises and where there is reasonable cause to believe that a violation of this article or a violation of the New York State Uniform Fire Prevention and Building Code, the Nassau County Fire Prevention Ordinance, Nassau County Public Health Ordinance or the Village of Bayville Code has occurred.
(d) 
The payment of a renewal filing fee, which fee to be an amount as set from time to time by resolution of the Board of Trustees.