Ellenville City Zoning Code
ARTICLE III
Accessory Apartments 1
§ 227-26 Intent.
Apartments accessory to the principal use of a building are permitted in the R-2, B-1 and B-2 Districts, subject to the regulations and standards set forth below. It is the intent of this provision to allow more efficient use of existing larger, older structures; to permit certain structures to be used in accord with their original design; to enhance the economic return of such structures; and to expand rental housing opportunities in the Village, particularly for small families.
§ 227-27 Conditions in R-2 Districts.
[Amended 6-1-1987 by L.L. No. 2-1987]
A third dwelling unit in an existing structure in an R-2 District may be permitted, subject to the issuance of a special permit by the Planning Commission and the following conditions:
A.
An accessory apartment may be located in the principal dwelling, provided that such principal dwelling existed prior to January 1, 1983, contains a minimum of 2,400 square feet of habitable space and conforms to the other requirements of this chapter, unless a variance therefor shall have been granted by the Board of Appeals.
B.
The minimum floor area for an accessory apartment shall be 350 square feet, but in no case shall it exceed 25% of the habitable area of the dwelling in which it is located or 600 square feet, whichever is less, unless, in the opinion of the Planning Commission, a greater or lesser amount of floor area is warranted by the specific circumstances of the particular building.
C.
There shall be no more than one accessory apartment nor a total of three dwelling units permitted per lot.
D.
To the degree reasonably feasible, the exterior appearance of the building shall not be altered.
E.
Prior to the issuance of a building permit for the establishment of an accessory apartment in a principal dwelling building, approval of the proposed method of water supply and sewage disposal shall be obtained from the Ulster County Department of Health and the Village Water Department.
F.
One additional off-street parking space shall be provided for the accessory apartment. In no case shall there be parking space for less than a total of four cars on the property.
G.
The minimum lot area shall be at least 10,000 square feet, and the minimum lot width shall be at least 100 feet.
[Added 7-14-1997 by L.L. No. 3-1997]
§ 227-28 Accessory apartments in B-1 and B-2 Districts.
[Amended 6-1-1987 by L.L. No. 2-1987; 12-28-1989 by L.L. No. 8-1989; 7-10-2006 by L.L. No. 10-2006]
Dwelling units are permitted in B-1 and B-2 Districts in new or existing structures subject to the issuance of a special permit by the Planning Commission and the following conditions:
A.
Accessory apartments with complete kitchen and bath facilities may be located in a building housing a principal commercial use. However, such accessory apartments may not be located on the ground or street level of any building or on the same floor as or the floor below any nonresidential use.
B.
No single accessory apartment shall have more than one bedroom or exceed a total floor area of 500 square feet. The provisions of this subsection shall not apply when the occupancy of the apartment unit is constituted by the owner of the building housing said apartment, together with his/her immediate family members including but not limited to the owner's father, mother, father-in-law, mother-in-law, spouse, children and/or spouse's children, provided that said owner also operates the commercial/store/retail space in the building.
[Amended 10-22-2007 by L.L. No. 8-2007]
C.
No accessory apartment shall have access from or through another apartment or a nonresidential use.
D.
No additional usable floor area shall be created in or added to an existing building for the purpose of establishing an apartment under the provisions of this section.
E.
One designated off-street parking space shall be provided for each accessory apartment in a structure. Such parking spaces may be on the same lot as the apartments or on another lot within a four-hundred-foot walking distance. If located on another lot, evidence that such parking space will be available as long as the apartment exists shall be presented prior to the issuance of a certificate of occupancy.
F.
In its review of applications for a special permit, the Planning Commission shall consider the separation and elimination of conflicts between residential and nonresidential uses through site and building design and the quality of the residential environment created within the business district.
G.
Modification of requirements.
[Amended 10-22-2007 by L.L. No. 8-2007]
(1)
The Planning Commission may modify, subject to appropriate conditions, the requirements of these regulations relative to apartment size in existing buildings to increase the apartment size as, in their discretion, is reasonable. The Planning Commission may allow such modification in special circumstances where it determines that apartment size of more than 500 square feet is necessary due to specific characteristics of the building, and will not adversely affect public health, safety and general welfare of the Village.
(2)
The Planning Commission may waive, subject to appropriate conditions, the requirements of these regulations relative to off-street parking requirements in special circumstances where it determines that these requirements are not practicable due to physical conditions of the site or that parking is available in public parking lots within walking distance of the site.
H.
The Planning Commission shall require that the special permit be renewed annually. Such renewal shall only be withheld, following due public notice and hearings, upon a determination that the applicant has not complied with the provisions of the original application or with any conditions prescribed by the Commission in conjunction with approval of such application. In such case, the applicant shall be granted a period of 60 days within which to achieve full compliance with all conditions prior to revocation of the special permit. Conditions of approval may include provision of landscaping and repair and/or enhancement of building facades. In addition, if at any time after the issuance or renewal of a special permit the Code Enforcement Officer, in his opinion, determines that the recipient of the special permit is in default of the provisions of the approved application or any other conditions prescribed by the Planning Commission as part of the special permit approval, the special permit holder shall be served with a sixty-day notice to cure. Such special permit shall be revoked, following due public notice and hearings, upon a determination that the default or violation has not been cured within said 60 days after notice has been served.
I.
The name of all tenants in an accessory apartment shall be provided to the Code Enforcement Officer prior to occupancy by the tenant.[1]
[1]
Editor's Note: Former § 227-28.1, Accessory apartments in existing buildings in the B-1 District, added 2-8-1988 by L.L. No. 2-1988, which immediately followed this subsection, was repealed 7-10-2006 by L.L. No. 10-2006.