In residence districts where authorized by this Chapter, an accessory dwelling unit may be maintained as a conditional use only by permission of the Zoning Board of Appeals and upon compliance with the requirements of this Article, the Code of the Town of Huntington, the Fire Code and Property Maintenance Code of the State of New York, the Residential Code of the State of New York and the rules and regulations of any other agency having jurisdiction, including such reasonable conditions as may be imposed by the Zoning Board of Appeals. In reviewing applications for accessory dwelling units, the Zoning Board shall consider the factors set forth in this Article instead of supplementary regulations for conditional uses set forth elsewhere in this Chapter.

An accessory dwelling unit in an owner-occupied, single family home may only be used as a short term rental provided that the property owner lives in the main dwelling unit, a valid accessory dwelling unit permit is in effect for the accessory dwelling unit and the property owner has obtained a short term rental permit from the Department of Public Safety. Except as otherwise provided in this article, all short term rentals shall comply with the provisions of Chapter 160 of the Town Code.

The property owner, of a single-family home that is subject to a valid accessory dwelling unit permit, formerly known as accessory apartment permit, may live in the accessory dwelling unit and rent out the main dwelling unit. In the event the property owner opts to live in the accessory dwelling unit, during the annual accessory dwelling unit inspection the entire single family dwelling will be subject to an inspection.

It shall be unlawful to use, establish, maintain, operate, occupy, rent or lease any portion of any premises as an accessory dwelling unit in the Town of Huntington without first having obtained an accessory dwelling unit permit. The failure or refusal to procure an accessory dwelling unit permit shall be deemed a violation of this Article.

It shall be unlawful to use, establish, maintain, operate, occupy, rent or lease any accessory dwelling unit as a short term rental in the Town, of Huntington without first having obtained an accessory dwelling unit permit pursuant to this article and a short term rental permit pursuant to Chapter 160 of the Huntington Town Code. However, in the event the property owner lives in the accessory dwelling unit, neither the main dwelling unit or any portion thereof, nor the accessory dwelling unit or any portion thereof, shall be utilized as a short term rental. The failure or refusal to procure an accessory dwelling unit permit and a short term rental permit shall be deemed a violation of this Article. The failure to have a valid accessory dwelling unit permit shall be punishable by the fines and penalties set forth in this article and the failure to have a short term rental permit shall be punishable by the fines and penalties set forth in Chapter 160 of the Town Code.

It shall be unlawful for the occupant residing in the accessory dwelling unit to use, establish, maintain, operate, rent or sublease any portion or all of the accessory dwelling unit to another as a short term rental. Furthermore, in the event the property owner occupies the accessory dwelling unit, it shall be unlawful for the main dwelling unit or any portion thereof to be utilized as a short term rental. A violation of this section shall be punishable by the fines and penalties set forth in Chapter 160 (Registration and Permitting of Property).

The property owner living in the main dwelling unit and/or person in charge of property having an accessory dwelling unit permit shall maintain all vehicles attributable to the accessory dwelling unit parked in the off-street parking spaces provided for such purpose when the vehicles are not in use. However, in the event that the property owner lives in the accessory dwelling unit, then any occupants in the main dwelling unit will be required to park in the off-street parking spaces. It shall be unlawful to fail, neglect or refuse to comply with the provisions of this section.

It shall be unlawful for any property owner or person-in-charge to fail, neglect or refuse to fully comply with any condition, restriction or requirement of the accessory dwelling unit permit.

In the event the property owner lives in the accessory dwelling unit, it shall be unlawful for the property owner to not obtain a valid accessory unit permit for the accessory dwelling unit.

In the event the property owner lives in the accessory dwelling unit, it shall be unlawful for any portion of the accessory dwelling unit or any portion of the main dwelling unit to be utilized as a short term rental pursuant to Chapter 160 of the Town Code.

It shall be unlawful to advertise for use, occupancy, rent or lease any portion of any premises as an accessory dwelling unit in the Town of Huntington without first having obtained an accessory dwelling unit permit. The accessory unit permit number shall be noted on the advertisement.

It shall be unlawful to advertise for use, occupancy, rent or lease, any accessory dwelling unit as a short term rental in the Town of Huntington without first having obtained an accessory dwelling unit permit pursuant to this article and a short term rental permit pursuant to Chapter 160 of the Huntington Town Code. The accessory dwelling unit permit number and the short term rental permit number shall be noted on the advertisement.

It shall be unlawful to use, establish, maintain, operate, rent, or lease an apartment located in the basement/cellar without a valid accessory dwelling unit permit, formerly known as an accessory apartment permit.

More than one (1) mailbox or mail slot or post office address upon the premises;

More than one (1) gas meter;

More than one (1) electric meter;

More than one (1) connecting line for cable or utility services;

Separate entrances for segregated parts of the dwelling, including but not limited to bedrooms;

Permanent partitions or internal doors which may serve to bar access between segregated portions of the dwelling, including but not limited to bedrooms;

A separate written or oral lease or rental arrangement, payment or agreement for portions of the dwelling among its owner(s) and/or occupants and/or persons in possession thereof;

The inability of any occupant or person in possession thereof to have unimpeded and/or lawful access to all parts of the dwelling unit; or

Two (2) or more kitchens each containing one (1) or more of the following: a range, oven, hotplate, microwave or other similar device customarily used for cooking or preparation of food and/or a refrigerator or sink.

More than one doorbell or doorway located on the same side of the dwelling unit.

Unless otherwise provided in this Article, the single family dwelling is the principal residence (domicile) of the owner. The owner shall be a natural person, and shall include those holding a life estate interest.

Unless otherwise provided in this Article, the property for which the accessory dwelling unit permit is sought shall have a minimum lot size of five thousand (5,000) square feet and a lot frontage of at least fifty (50) linear feet. In the case of a cul-de-sac, the lot width shall be measured at the front building line of the single-family dwelling.

Is limited in occupancy to one (1) person for each seventy (70) square feet of habitable bedroom living space of the accessory dwelling unit. Children under five (5) years of age shall not be included in the definition or calculation of occupancy. The proposed accessory dwelling unit shall have no less than three hundred (300) square feet of habitable living space nor more than six hundred fifty (650) square feet of habitable living space and shall be limited to a maximum of two (2) bedrooms.

Will not create nor maintain an additional front, external entrance door. All other exterior entrance doors shall be located at the sides or rear of the dwelling. All electrical service panels, electric meters and water meters shall be located so as not to be visible from the street. No exterior changes shall be made so as to alter its single-family appearance.

Is the subject of a valid certificate of occupancy as a single-family dwelling issued at least three (3) years prior to the date of the application hereunder or was constructed prior to the need for the issuance of the same.

All structures on the property, including the proposed accessory dwelling unit, comply with the requirements of this Article, the Code of the Town of Huntington, the New York State Uniform Fire Prevention and Building Code (Residential Code of New York State), and the rules and regulations of any other agency having jurisdiction. No portion of a single family dwelling or accessory dwelling unit shall utilize a basement/cellar or attic, or any portion thereof, as habitable space unless it meets the requirements of the New York State). Uniform Fire Prevention and Building Code (Residential Code of New York State). However, a basement/cellar shall no longer be utilized as an accessory dwelling unit unless a valid accessory dwelling unit permit, formerly known as an accessory apartment, is in effect as of July 16, 2019. Any application filed with the Accessory Unit Bureau, formerly known as Accessory Apartment Bureau, by July 16, 2019 shall be exempt from the prohibition against locating an accessory dwelling unit in a basement/cellar.

Is situated on a lot providing two (2) off-street parking spaces for each one bedroom dwelling unit occupied by a non-owner, with three off-street parking spaces for a two bedroom dwelling unit with those spaces having unobstructed, meaning that there is no fixed barrier to in press or egress, access to the street. Such spaces shall be paved with asphalt, concrete or other suitable material of a permanent nature as may be approved by the Zoning Board of Appeals. The maximum width of such spaces shall not exceed eighteen (18) feet or twenty-four (24%) percent of the lot frontage whichever is greater for one and two bedroom accessory dwelling units, and up to a maximum of thirty (30) feet in the instance where a homeowner elects to reside in the accessory dwelling unit and rent the remainder of the home and sufficient lot frontage exists to result in thirty (30) foot wide driveway when calculated at the twenty-four (24%) percent multiplier. The number of off-street parking spaces required may be increased or decreased as conditions warrant in the discretion of the Zoning Board of Appeals for good cause shown.

Unless otherwise provided in this Article, the lot for which the accessory dwelling unit permit is sought is not located in an area where ten (10%) percent or more of the lots within a one-half-mile radius of the subject parcel contain accessory apartments now known as accessory dwelling units. The Hearing Officer may recommend, and the Zoning Board may approve, a variance of this requirement when, due to the sparsity of development in the surrounding area, it is not practicable to maintain the ten-percent cap on accessory apartments now known as accessory dwelling units.

No accessory dwelling unit may be contained in any building or structure other than the main building on any lot. A homeowner shall be granted only one (1) accessory dwelling unit permit, and only one (1) accessory dwelling unit shall be permitted per dwelling and per lot.

The proposed accessory dwelling unit will be properly located and serviced with respect to water supply, waste disposal, fire protection and other public amenities.

The proposed accessory dwelling unit will not substantially contribute to traffic congestion or traffic hazards.

All structures, landscaping and paving on a lot on which an accessory dwelling unit is located shall be maintained in a neat and clean manner, including but not limited to driveways, walkways, sidewalks adjoining the subject parcel, exterior shingles, paint, shutters and trim, as well as landscaping, lawns and shrubbery.

The proposed accessory dwelling unit will not have a significant adverse impact on the value of neighboring properties or overall land-use density in the surrounding area.

Use and occupancy of the proposed dwelling unit will not unreasonably conflict with a stable, uncongested single family environment and will be compatible with the character of the neighborhood in which the dwelling is located.

The proposed accessory dwelling unit will not substantially change the single-family appearance of the dwelling.

The use will be in harmony with and promote the general purpose and intent of this Article.

An inspection by the Director of Public Safety, or his/her designee, for the purpose of determining whether the proposed accessory dwelling unit is in compliance with the Code of the Town of Huntington, the Fire Code and Property Maintenance Code of the State of New York, the Residential Code of the State of New York, and the rules and regulations of any other agency having jurisdiction. The initial insnection for a proposed accessory dwelling unit, as well an inspection for the transfer of an accessory dwelling unit, shall include inspections of the entire single-family dwelling, with annual inspections of the accessory dwelling unit only. However, in the event the property owner lives in the accessory dwelling unit, then the annual inspection conducted by the Director of Public Safety, or his/her designee, shall also include an inspection of the main dwelling unit in the single-family dwelling. The failure to schedule an inspection after due notice from the Town or resisting, obstructing and/or impeding the agents, servants, officers and/or employees of the Town of Huntington during an inspection of the premises shall be a violation of this Article and subject to the fines and penalties provided herein. A fee of seventy-five ($75) dollars shall be imposed upon the owner of the property for each inspection that is required to be rescheduled.

A duly executed sworn affidavit signed by the applicant affirming that no other accessory dwelling unit is being maintained, owned or operated on the subject property in violation of the Accessory Dwelling Unit Law, formerly known as the Accessory Apartment Law. Additionally, the affidavit shall set forth that all conditions underlying the issuance of an accessory dwelling unit have been met. The sworn affidavit shall be created by and filed with the Accessory Unit Bureau, formerly known as the Accessory Apartment Bureau. This requirement is waived upon a full consensual inspection of all structures on the property as set forth under (D)(1) herein.

The right of the Director of Public Safety, or his/her designee, in the event of a declared emergency, and upon notice to the property owner, to enter upon any portion of the premises to protect the health, safety and welfare of residents or to perform any duty required of him/her under the Code of the Town of Huntington, the Fire Code and Property Maintenance Code of the State of New York, the Residential Code of the State of New York, or rules and regulations of any other agency having jurisdiction. Any person or business entity who resists, obstructs or impedes the agents, servants, officers or employees of the Town of Huntington in the performance of their duties in the course of an emergency shall be in violation of this Article and subject to the fines and penalties provided herein.

The inclusion in any lease, rental or other agreement for the occupancy of said accessory dwelling unit or main dwelling unit, as the case may be, a statement disclosing that the provisions of (D)(1), (2) and (3) are conditions to the issuance of the accessory dwelling unit permit.

The name, address, contact number(s) and e-mail address of the property owner.

The location and Suffolk County Tax Map Number of the property where an accessory dwelling unit is proposed or a transfer or renewal of a permit is requested.

The location within the single-family dwelling, whether the main dwelling unit or the accessory unit, where the property owner will live.

Such other information as the Hearing Officer or Zoning Board of Appeals may require or as the Director of Public Safety may require.

A survey of the premises, representative of current conditions on site at the time of application, at which the accessory dwelling unit is contemplated, at a scale and size suitable for filing.

A floor plan of the entire dwelling and one (1) photograph each of the front, rear and each side of the entire dwelling on the premises which is the subject of the application, taken within two (2) weeks of making the application, and if not included on the survey, a site plan, drawn to scale, showing all buildings, structures, walks, driveway indicating driveway dimensions, other physical features of the premises and the location of and access to existing and proposed off-street parking.

A floor plan of the proposed dwelling unit as same shall exist after any alterations or modifications made for such accessory dwelling unit.

A copy of the most recent recorded deed to the real property and a true copy of all covenants and restrictions imposed upon the property, whether or not the documents have been recorded in the Office of the Suffolk County Clerk. In the event ownership of the person residing at the property is in question, then a certified copy of the latest deed is required before the application will be deemed complete.

A listing of all owners of record of all properties within a five-hundred-foot radius of the exterior limits of the subject real property.

Photographs depicting the front, back and sides of the dwelling, as well as photographs depicting the location of any existing driveways.

Proof of residency of the owner(s). All owners shall provide proof of domicile and ownership in the form acceptable to the Town. Where ownership of the person alleged to be residing at the property is still in question, then in such event further inquiry shall be made by the Hearing Officer and/or Zoning Board of Appeals to establish domicile and ownership in compliance with the provisions of this chapter. Additional documentation including but not limited to a last owner search from a licensed abstract company, income tax returns, homeowner's insurance policy or declaration sheet, updated utility bills, mortgage statements, and all leases entered into for the use and occupancy of all portions of the property shall be requested as deemed appropriate by the Town.

Photo identification of the owner(s).

Affidavit(s) of the owner(s) disclosing any and all parties having any financial or ownership interest in the property.

Any permit issued under this article may be renewed for an additional two (2) year term by application as in the event of an original application including proof of residency, the most recent recorded deed establishing ownership of the property, and all leases entered into for the use and occupancy of all portions of the property. Where ownership of the person alleged to be residing at the property is still in question, then in such event further inquiry shall be made by the Hearing Officer and/or Zoning Board of Appeals to establish domicile and ownership in compliance with the provisions of this chapter. Additional documentation including but not limited to a last owner search from a licensed abstract company, income tax returns, homeowner's insurance policy or declaration sheet, updated utility bills, and mortgage statements shall be requested as deemed appropriate by the Town. The notice and/or hearing requirements of § 198-137 shall not apply to applications for renewal, except that the Hearing Officer shall have the authority to require a hearing on notice when, in his/her discretion, special circumstances exist which would require public input and in such event the requirements of § 198-137 are applicable. Thereafter, whether or not a hearing is held, the matter shall proceed in accordance with the provisions of § 198-140.

Said renewal application shall be subject to all inspections and payment of the applicable fee. The fee for renewal of an existing permit shall be received no later than thirty (30) days after the expiration of the existing permit. All fees received after thirty (30) days of the expiration of the existing permit shall be subject to a late filing fee in accordance with the following schedule:

An accessory dwelling unit permit, except for a permit issued pursuant to § 198-143(A), may be transferred to a subsequent property owner by application as in the event of an original application and in accordance with § 198-135(B). The notice and hearing requirements of § 198-137 shall not apply to an application for transfer of a permit, except that the Hearing Officer shall have the authority to require a hearing on notice when, in his/her discretion, special circumstances exist which would require public input and in such event the requirements of § 198-137 are applicable. Thereafter, whether or not a hearing is held, the matter shall proceed in accordance with the provisions of § 198-140.

Said transfer application shall be subject to all inspections and payment of the applicable fee.

A copy of the most recent recorded deed to the real property and a true copy of all covenants and restrictions imposed upon the property, whether or not the documents have been recorded in the Office of the Suffolk County Clerk. In the event ownership of the person residing at the property is in question, then a certified copy of the latest deed is required before the application will be deemed complete.

Photographs depicting the front, back and sides of the dwelling, as well as photographs depicting the location of any existing driveways.

Proof of residency of the owner(s). All owners shall provide proof of domicile and ownership in the form acceptable to the Town. Where ownership of the person alleged to be residing at the property is still in question, then in such event further inquiry shall be made by the Hearing Officer and/or Zoning Board of Appeals to establish domicile and ownership in compliance with the provisions of this chapter. Additional documentation including but not limited to a last owner search from a licensed abstract company, income tax returns, homeowner's insurance policy or declaration sheet, updated utility bills, mortgage statements, and all leases entered into for the use and occupancy of all portions of the property shall be requested as deemed appropriate by the Town.

Photo identification of the owner(s).

Affidavit(s) of the owner(s) disclosing any and all parties having any financial or ownership interest in the property.

The fee for the initial permit application for all permits that are applied for before any notice of violation is issued for operating an illegal accessory dwelling unit shall be three hundred fifty ($350) dollars, which shall be nonrefundable and paid at the time of filing the application.

The fee for the initial permit application for all permits that are requested after a notice of violation has been issued for operating an illegal accessory dwelling unit shall be one thousand ($1,000) dollars, which shall be nonrefundable and paid at the time of filing the application.

The fee for the transfer of a permit shall be two hundred fifty ($250) dollars.

The fee for the renewal of a permit shall be a fifty ($50) dollar application fee plus the permit fee.

Publication. Notice of the public hearing shall be published by the Town in the official Town newspaper(s) once per week for two (2) consecutive weeks prior to the scheduled hearing date. The last publication shall be at least five (5) days prior to the scheduled hearing date.

Mailing. The applicant shall mail notices of the public hearing, postmarked no later than twenty (20) days before the hearing, to the owners of all properties located within a five-hundred-foot radius of the exterior limits of the applicant's total property holdings as shown on the current tax roll. The applicant shall file a United States postal service certificate of mailing for each and every notice mailed no less than five (5) working days before the hearing. Failure to mail the notices or file proof thereof as herein specified shall result in postponement of the public hearing.

The applicant and any person aggrieved by the recommendation of the Hearing Officer may, within twenty (20) days from the date of filing of the report with the Town Clerk file written objections, if any, to the findings and recommendations. A copy of the zoning board application shall be enclosed for use by the applicant when the report is mailed. A copy of the Hearing Officer's Report, a complete zoning board application with all required attachments, and any other evidence deemed necessary by the applicant or person aggrieved shall be provided with the objections. The Zoning Board may require additional information or documentation before the application is deemed complete and scheduled for a hearing. All applications to the Zoning Board shall be accompanied by an application fee in an amount set forth in Chapter A204 of the Huntington Town Code, and shall be filed within the prescribed twenty (20)-day period. Failure to file a complete application within such period shall be deemed a waiver of the applicant or aggrieved party's right to a public hearing before the Zoning Board unless the Zoning Board, for good cause shown, approves an extension of time. The Zoning Board is authorized to waive the public hearing where there has been no written request for one within the required time period.

If no objection to the report is filed, the Zoning Board of Appeals shall consider the Hearing Officer's recommendation, the application for an initial accessory dwelling unit permit, or transfer of permit, under special circumstances as determined by the Hearing Officer under § 198-136(F)(1), and may adopt or reject, in whole or in part, any portion thereof as the Board deems advisable or necessary under the circumstances. No public hearing shall be required unless specifically requested by the Zoning Board and then in such event, the hearing shall be on such notice as set forth in (B) hereia The Zoning Board's detennination shall be final, and shall be filed in the Office of the Huntington Town Clerk and mailed to the applicant for a permit at the address shown on the application by regular and/or certified mail return receipt requested.

If the Zoning Board revokes the special use permit, no application for the same accessory dwelling unit shall be accepted for filing sooner than three (3) years of the date the revocation is filed with the Huntington Town Clerk. If an accessory dwelling unit permit, formerly known as an accessory apartment permit, for a non-owner occupied parcel is revoked, the permit shall not be renewed, restored or reissued. It shall be unlawful to operate, maintain, rent, lease, advertise or occupy an accessory dwelling unit if the accessory dwelling unit permit has been revoked, and any person who commits an offense against this section shall be deemed to be in violation of this article.

Following the revocation of an accessory dwelling unit permit, the property owner shall remove the accessory dwelling unit and restore it to its original permitted use or to the satisfaction of the Director of Public Safety or his/her designee. Proof of restoration shall include any necessary permits required to remove the accessory dwelling unit, photographs, work invoices, or any other documentation required by the Director of Public Safety or his/her designee. All property owners shall submit a signed and notarized certification that the accessory dwelling unit has been restored to its original condition. Failure of the property owner to restore the space and provide proof of same shall be a violation under this Article.

All persons who are granted a permit for non-owner occupied properties and who are not residents of the Town of Huntington shall designate a person who is a resident of the Town of Huntington and notify the Hearing Officer of such designation and to whom they will give power of attorney to act on their behalf in all matters related to the conditions and requirements of the accessory dwelling unit permit. They also appoint the Huntington Town Clerk to be their representative for the service of process in any matter concerning the accessory dwelling unit. The Clerk's responsibility will be to send a copy of said process to the address of the property owner on file in the office of the Receiver of Taxes and prepare and retain affidavits of mailing of said process.

All persons who are granted a permit for non-owner occupied properties and who are residents of the Town of Huntington but will absent themselves from the Town for a period in excess of forty-five (45) days shall designate during that period of absence a person who is a resident of the Town of Huntington and who will be present during the permit holder's period of absence to whom the permit holder designates and gives power of attorney to act on the permit holder's behalf in all matters related to the conditions and requirements of the accessory dwelling unit permit and shall notify the Hearing Officer of such designation. Service of process shall be as set forth in (C)(1) above.

The non-owner occupied permit is revoked; or

The premises is not in compliance with the Code of the Town of Huntington, the Fire Code and Property Maintenance Code of the State of New York, the Residential Code of New York State, or rules and regulations of any other agency having jurisdiction; or

The permit is not renewed and the property is not restored or altered to comply with the statutes set forth in (D)(2) above within sixty (60) days after the expiration date of the permit; or

The term of the permit has expired and the property is not restored or altered to comply with the statutes set forth in (D)(2) above within sixty (60) days after the expiration date of the permit.

The use of the premises is restored to a single-family dwelling; is in compliance with the statutes set forth in (D)(2) above; and the permit has been returned to the Accessory Unit Bureau, formerly known as the Accessory Apartment Bureau; or

Upon an approved transfer to a owner-occupied applicant.

A not-for-profit agency as defined in § 501(c)(3) of the United States Code, or successor law, who is participating in and satisfies the criteria of the "Take Back the Blocks Program," and the Huntington Community Development Agency may apply for and receive an accessory dwelling unit permit if it lawfully holds title to a single-family structure identified as part of such Program. The application fee and annual permit fee for an accessory dwelling unit shall be waived while the property is owned by the not-for-profit agency or the Huntington Community Development Agency. The lot frontage of the property shall be no less than fifty (50) linear feet. While the property must have a valid certificate of occupancy, the certificate need not be in place for a period of three (3) years as provided in § 198-134(A)(5) and the provisions of § 198-134(A)(8) shall be waived. In all other respects, the requirements of this Article shall be applicable to such properties.

Upon the sale of the property by a qualified not-for-profit agency or the Huntington Community Development Agency to a new owner, the new owner shall be required to apply for a transfer of the accessory dwelling unit permit, except that the Hearing Officer may waive the ninety-day period set forth in this Article. The application fee to transfer the permit and the accessory dwelling unit permit fee for the first year of ownership shall be waived. All properties sold by the not-for-profit agency or the Huntington Community Development Agency shall be occupied by the new owner in accordance with the Accessory Dwelling Unit Law, formerly known as the Accessory Apartment Law in order to qualify for the exemptions.

The exemptions provided in this section shall apply only to purchasers who, at the time of purchase, are participants in and satisfy the criteria adopted by the Town Board as part of the "Take Back the Blocks Program." These exemptions shall continue upon subsequent transfers of ownership only if future purchaser(s) meet the criteria established by the Town Board.

The Town Board may, from time to time, amend any portion of the "Take Back the Blocks Program" as it deems necessary, including the criteria qualifying not-for-profit agencies, designated properties and prospective purchasers.