[Added 2-22-1999 by L.L. No. 2-1999; amended 9-18-2017 by L.L. No. 4-2017]
It is the purpose and intent of this section to allow the establishment of one accessory apartment located entirely within a single-family dwelling in order to provide an opportunity for the development of small rental housing units designed to meet the special housing needs of senior citizens, young adults, single persons and small households; to ensure the retention of single-family neighborhood character; allow the more efficient use of the Village's housing stock with minimal impact on community character and resources; and provide economic support for existing resident families. Consistent with the intent of this section, any owner occupying a single-family dwelling may apply to the Planning Board for site plan approval for an accessory apartment permit to seek the establishment of one accessory apartment. The application and procedure for site plan approval shall be in accordance with Article VI of this chapter. The Planning Board shall review such application, which requires a public hearing, and shall strictly apply the following standards.
Any application for an accessory apartment shall require submission of a plan showing the proposed accessory apartment and parcel survey. The Planning Board is not granted the authority to waive any of the standards set forth below, unless such authority is specifically provided for herein.
A.
Accessory to the single-family detached dwelling. Subject to the review and approvals set forth herein, an accessory apartment is allowed in any zoning district that permits a single-family detached dwelling as a permitted use subject to site plan review and approval from the Planning Board.
B.
Compliance with district regulations. The lot on which the accessory apartment is to be located shall meet all bulk requirements applicable to a single-family detached dwelling as set forth in the schedule of district regulations for the zoning district in which it is located.
C.
Dwelling size. The minimum habitable floor area for an accessory apartment shall be 450 square feet, but in no case shall such accessory apartment exceed 30% of the gross floor area of the single-family detached dwelling in which it is located or 750 square feet of gross floor area, whichever is less. Any building which proposes an accessory apartment that exceeds the maximum habitable floor area requirement shall be deemed a two-family dwelling. The applicant shall submit a floor plan to scale of the single-family detached dwelling that illustrates the interior space within which the accessory apartment will be created.
D.
Existing single-family detached dwelling. The principal single-family detached dwelling shall have been lawfully constructed and used as a single-family detached dwelling for at least 10 years prior to the date that an application is made for the creation of an accessory apartment. Evidence of such use shall include the date of a duly issued certificate of occupancy for the single-family detached dwelling or other evidence of use that the Planning Board finds adequate to establish that the single-family detached dwelling has been lawfully established and maintained for at least 10 years. The Planning Board may waive the ten-year requirement upon an evidentiary showing by the applicant establishing that the accessory apartment will enable the owner occupying the principal dwelling to provide care for an elderly or disabled relative residing in the accessory apartment.
E.
Owner occupancy required. The principal single-family detached dwelling wherein the accessory apartment is to be located must be occupied at the time of application and at all times thereafter while the accessory apartment is established and maintained as the principal domicile of the record owner of title. Ownership shall be evidenced by the last deed recorded in the office of the Clerk of the County of Orange. Evidence that the dwelling is occupied as the principal domicile of the record owner may be established by an affidavit of the record owner, supported by voting records or such competent evidence as would be sufficient to establish domicile for purposes of voting. It shall be a condition of every certificate of occupancy issued for an accessory apartment that occupancy of such dwelling unit is valid only if the unit is located in an owner-occupied single-family dwelling, and the certificate of occupancy shall prominently display in bold print a statement that occupancy of such accessory apartment is not lawful and valid unless the single-family dwelling is owner-occupied. In the event a certificate of occupancy is issued without such statement, it shall not prevent enforcement of the condition. Nothing herein shall permit the establishment of separate ownership, e.g., condominium, of either dwelling unit.
F.
Maximum number of accessory apartments. There shall be no more than one accessory apartment in any single-family detached dwelling on any one property. An accessory apartment is not permitted on any lot where two dwelling units already exist, regardless of whether one is a prior nonconforming dwelling unit or not.
G.
Maximum number of occupants. The maximum occupancy of the accessory apartment is three persons.
H.
The accessory apartment shall comply with all applicable requirements of the New York State Uniform Fire Prevention and Building Code and shall be maintained in a neat and orderly manner.
I.
Off-street parking shall be provided on the following basis: two parking spaces per unit. The parking spaces shall be provided with a backup or turnaround area so that cars which park in the parking spaces are not required to back out into the street. This requirement may be waived by the Planning Board during the site plan approval process, so long as the public street or roadway is not classified as a state or county highway. The backup or turnaround area shall not be construed as nor used as a legal parking space.
J.
No use shall be permitted accessory to an accessory apartment.
K.
Each dwelling unit in the structure shall contain its own separate and independent bathroom and kitchen entirely located within each dwelling unit. The accessory apartment shall contain no more than one bedroom and no other space shall, in the determination of the Planning Board, be so configured that it could be used as a second bedroom (e.g., a den, a sewing room, etc.).
L.
No exterior changes or expansion which may alter its existing foundation, existing roofline, or existing facade, may be made to the principal single-family detached dwelling except for the installation of an entrance to serve the accessory apartment. The structure in which the accessory apartment is located shall have only one front entrance and only one entrance from any other facade of the structure. An exterior entrance leading to a foyer with interior entrances leading from the foyer to the dwelling units will be acceptable pursuant to this requirement.
M.
The accessory apartment may be serviced by either an on-site septic system or central sewage facility, by a private well or central water facility. Adequate water supply and sewage disposal facilities shall be available as certified by a New York State licensed professional engineer, except such certification is not required if the building is connected to public water and sewer services. The adequacy of the water and sewer facilities must be demonstrated to the satisfaction of the engineer for the Village during accessory apartment permit review.
N.
Conditions of approval.
(1)
In addition to the above standards, the Planning Board shall grant such application and issue the required accessary apartment permit only after determining that the issuance of such accessory apartment permit will not adversely affect adjoining properties and the general surrounding neighborhood where the accessory apartment is proposed to be located. In the event that the Planning Board determines a proposed accessory apartment may adversely affect adjoining properties or the surrounding neighborhood, it may, as a condition of approving a permit, require that the applicant establishes and maintains landscaping or fencing or other mitigation measures, where necessary, to avoid such adverse effects.
(2)
It shall be a condition of the accessory apartment permit, whether or not specifically incorporated therein, that:
(a)
The owner shall maintain the accessory apartment use in conformance with the requirements of this section and all applicable provisions of the Uniform Fire Prevention and Building Code, including, but not limited to, the Property Maintenance Code of New York State; and
(b)
The accessory apartment permit shall be valid for a period of one year from the date that a certificate of occupancy is issued for the accessory apartment, and that it shall be automatically renewed annually by the Building Inspector upon submission by the record owner of an annual certification for renewal to be provided by the Village, attesting that the principal single-family dwelling is maintained as the owner's domicile, and payment of a renewal fee in such amount as established by resolution of the Village Board, provided the Building Inspector, after an inspection, if necessary, determines such use has been maintained in accordance with all requirements herein and any applicable conditions of approval.
(3)
If the Building Inspector determines at any time prior to renewal that the use has not been maintained in accordance with the requirements herein or any applicable conditions of approval, the Building Inspector shall give notice of such determination to the record owner and the Planning Board shall approve, disapprove, or approve with conditions the accessory apartment permit subject to renewal. The Planning Board shall consider the Building Inspector's findings in evaluating whether to renew the accessory apartment permit; and if it determines that it intends to deny such renewal or to impose additional conditions on such renewal, the Planning Board shall give written notice of its intent to the record owner at the most recent address shown on the tax roll of the Village and provide an opportunity for the record owner to be heard on the matter, and shall consider any evidence submitted by the record owner in support of the renewal of the accessory apartment permit. The Planning Board shall thereafter approve, approve with conditions or deny the accessory apartment permit, stating the reasons for its decision.
(4)
Transfer of title. Within 60 days after the record owner transfers title to premises for which a accessory apartment permit has been granted for an accessory apartment, the new record owner shall provide such evidence to the Building Inspector as may be necessary to demonstrate that the principal residential structure is occupied by the new record owner in accordance with § 172-48.3E of this section. In the event that the new record owner fails to do so, the Building Inspector shall serve a written notice upon the owner or occupant to do so by a date certain. In the event that the record owner fails to do so, the Building Inspector shall give notice of such noncompliance to the record owner and the Planning Board, and the Planning Board shall consider the Building Inspector's findings in considering whether to renew the accessory apartment permit; and if it determines that it intends to deny such renewal or to impose additional conditions on such renewal, the Planning Board shall give written notice of its intention to the record owner at the most recent address shown on the tax roll of the Village and provide an opportunity for the record owner to be heard on the matter, and shall consider any evidence submitted by the record owner in support of the renewal of the accessory apartment permit. The failure of the Planning Board to take any action required by this section shall not constitute a waiver of such requirement. The Planning Board shall thereafter approve, approve with conditions or deny the accessory apartment permit, stating the reasons for its decision.
(5)
Effect of denial of renewal. The Planning Board shall direct that the accessory apartment created pursuant to this section be vacated, its use as an accessory apartment created pursuant to this section be discontinued, and that all improvements installed to allow its use as an accessory apartment be removed.
O.
Inspections. The applicant shall agree and acknowledge, in writing, to the Village of Cornwall-on-Hudson the understanding that, should the parcel be sold, the Building Inspector is authorized to conduct a site visit to verify that the accessory apartment is in compliance with the conditions of the accessory apartment permit issued for the property. The Building Inspector, or a duly authorized designee of the Building Inspector, may perform a fire, safety and property maintenance inspection of the accessory apartment upon the request of the owner of the property to be inspected or an authorized agent of such owner, or the occupant. In the event that the Building Inspector has a reasonable basis to believe that the accessory apartment or principal structure does not comply with applicable provisions of the accessory apartment permit, § 172-48.3 or the Uniform Fire Prevention and Building Code, and the owner or an authorized agent or occupant does not consent to such inspection, the Building Inspector may apply for a warrant to permit such inspection. Nothing in this subsection shall permit such inspection in such circumstances unless such warrant has been obtained.
P.
Fees. An application fee shall be paid in an amount set forth in a fee schedule established by resolution of the Board of Trustees.