Any person found to have violated § 68-23B shall be guilty of a violation, which shall be punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both; and each day’s continued violation shall constitute a separate additional violation.

Repair to buildings or structures, provided that no structural alteration shall be made and that such repairs shall comply with all other federal, state, county and Town laws, rules and regulations.

A storage shed, not exceeding 144 square feet, located on the same plot as a one- or two-family dwelling, provided that such storage shed shall comply with the structural provisions of the New York State Building Code and shall comply with all other Town laws, rules and regulations. This exception shall not apply in any district on Fire Island or in any lands in the Fire Island National Seashore. This exception shall apply to only one shed; any additional sheds shall require permits.

A roofless deck located on the same plot as a one- or two-family dwelling, provided that such deck shall not be more than eighteen inches above the adjacent grade level, shall not violate the front, side, or rear yard requirements of the main structure and shall comply with all other Town laws, rules and regulations. All decks above 18 inches will require a permit from the Building Department. This exception shall not apply in any district on Fire Island or in any lands in the Fire Island National Seashore.

A doghouse located on the same lot as a one- or two-family dwelling, provided that such doghouse shall not violate the front, side or rear yard requirements of the main structure and shall comply with all other Town laws, rules and regulations.

An application for a permit shall be submitted in such form as the Commissioner of Planning or the Commissioner's designee may prescribe.

Such application shall be made by the owner.

The Commissioner of Planning or the Commissioner's designee may revoke a permit or approval issued under the provisions of this chapter for:

Such revocation shall take place after notice to the applicant and an opportunity for the applicant to be heard by the Commissioner of Planning or the Commissioner's designee.

A copy of the permit shall be kept on the premises, open to public inspection during the prosecution of the work and until the completion of the same.

The Commissioner of Planning or the Commissioner's designee may require a certified copy of the approved plans to be kept on the premises at all times until completion of the work.

Intent. The Town Board of the Town of Islip hereby declares its participation in the New York State Unified Solar Permit program. Due to the benefits offered by renewable energy systems, including residential solar energy systems, and the associated increase in consumer demand and requests for building permits for same, the permitting process for such solar energy systems shall be standardized and streamlined as indicated herein.

Streamlined application process applies to solar energy system installations of 25kW in size or smaller. For qualified installations:

Assistance to first responders. The Town shall maintain a list by address of all solar energy installations that shall be shared with relevant first responder organizations. The Town shall also require applicants to install a sign on or near the utility meter and at any alternating current (AC) disconnect switch indicating that there is an operating solar electric cogeneration system on site.

Certification/Inspection. The operation of any solar energy system shall not commence until a final inspection is made by the Building Division or received from a third-party inspector and a certification is issued by the Building Division. The New York State Unified Solar Permit Field Inspection Checklist, located in the Building Division or on the Town's website, provides an overview of common points of inspection.

It shall be unlawful to change the occupancy or use of a building or to allow, commence or maintain the change of occupancy or use of a building if such occupancy or use is not consistent with the last issued certificate of occupancy for such building, and if such change involves the construction, alteration, removal or demolition of a building, or any part thereof, a valid building permit shall be obtained. No change of occupancy or use of a building shall be made unless a permit for such occupancy or use is secured and the Commissioner, or their designee, upon inspection, finds that such building conforms substantially to all the provisions of this ordinance with respect to the proposed new occupancy and use, and issues a certificate of occupancy therefor.

The reestablishment of a prior occupancy or use is prohibited if such occupancy or use is no longer permitted in a new building of the same type.

A certificate of compliance maybe issued for any structure which was erected prior to July 1, 1938, and which does not meet the requirements of the current New York State Building Code, provided that it is in conformance with all applicable zoning requirements and where, upon inspection, it is determined that the structure is sound and safe in the determination of the Commissioner, or his designee.

If a building, addition or alteration was constructed after July 1, 1938, but a certificate of occupancy was never issued, a certificate of compliance may be issued only where the construction is over four years old and where, upon inspection, the Commissioner, or his designee, determines that the structure conforms with the intent of the New York State Building Code requirements and the parcel, its use and related structures comply with the requirements of the Zoning Code and the Subdivision and Land Development Regulations.

The Commissioner or his/her designee shall have the authority to issue certificates of compliance for structures and/or uses that may be purported to have existed since prior to the enactment of any portion of this chapter which make such structures and/or uses nonconforming. This authority shall be limited to those instances where there is conclusive evidence that the structure or use has not been expanded or altered since prior to the applicable zoning date, the parcel in question has been held in single and separate ownership since prior to the establishment of the applicable zoning provision, no other nonapproved subdivision has occurred, and the use of the property in question has not been abandoned for a period in excess of one year.

Any and all structures or uses which do not comply with the above shall have the right to apply to the Board of Appeals in order to either establish such structure or use as a legal nonconforming use or to seek a variance in connection with same.

Applications for a certificate of compliance shall be submitted to the Building Division. Required information and materials shall be determined by the Commissioner as deemed necessary.

All sanitary construction must be inspected by and have a certificate of compliance from the Suffolk County Department of Health Services filed with the Building Division indicating that such construction meets the minimum requirements of the Department of Health.

All electrical wiring must be inspected by and have a certificate of compliance from the New York Board of Fire Underwriters, or other approved third party inspector, filed with the Building Division.

That any condition in violation of the Uniform Code or this article existing in, on or about any building or structure be corrected within a specified period of time;

That work on a building or structure which is progressing in violation of the Uniform Code or this article be stopped until the Town of Islip is satisfied that such violation has been or will be corrected; and

That a building or structure constructed or maintained in violation of the Uniform Code or this article shall not be occupied.

In accordance with § 68-421, a person who shall violate a provision of this ordinance or fail to comply therewith or with any of the requirements thereof, or who shall erect, construct, alter or repair, or has erected, constructed, altered or repaired, a building or structure in violation of a detailed statement or plan submitted and approved thereunder shall be punishable by a fine not exceeding $2,000 or by imprisonment for a period not to exceed 15 days, or both; and each day’s continued violation shall constitute a separate additional violation.

The owner of a building, structure or premises where anything in violation of this ordinance shall be placed or shall exist, and an architect, builder, contractor, engineer, agent, person or corporation employed in connection therewith, and who may have assisted in the commission of such violation, shall each be guilty of a separate offense and, upon conviction thereof, shall be fined as herein provided.

That the property is a full lot on a subdivision map approved by the Planning Board, fully bonded for public improvements, and recorded with the Suffolk County Clerk; or

That the right-of-way which the property fronts on has been improved or is bonded for improvements to meet minimum Town standards in accordance with Town Law.

That a single-family dwelling previously existed on the lot with a certificate of occupancy.

Waiver of fees for sites fully remediated upon permit filing.

The Town Board hereby finds and determines that in order to protect and safeguard the Town of Islip, its residents and their property, with respect to certain land developments within the Town, all buildings, highways, drainage facilities, sanitary sewer facilities, other utilities and parks within said developments should be designed and constructed in a competent and workmanlike manner and in conformity with all applicable governmental codes, rules and regulations and dedicated and conveyed to the Town in a legally sufficient manner; that in order to assure the foregoing, it is essential for the Town to have competent competition engineers retained by the Town to review and approve plans and designs and make recommendations to the Town Board and Planning Board, inspect the construction of highways, drainage, sewers, other facilities and parks to be dedicated to the Town and to recommend their acceptance by the Town, and to have competent attorneys retained by the Town to negotiate and draft appropriate agreements with developers, obtain, review and approve necessary securities, insurance and other legal documents, review proposed deeds and easements to assure the Town is obtaining good and proper title and to generally represent the Town with respect to legal disputes and issues with respect to developments, and that the cost of retaining such competent engineers and attorneys should ultimately be paid by those who seek to profit from such developments rather than from general Town funds which are raised by assessments paid by taxpayers of the Town.

This section is enacted under the authority of Subparagraphs (a)(12) and (d)(3) of the Municipal Home Rule Law § 10(1)(ii) and Municipal Home Rule Law § 22. To the extent Town Law §§ 274-a, 276 and 277 do not authorize the Town Board or Town Planning Board to require the reimbursement to the Town of legal and engineering expenses incurred by the Town in connection with the review and consideration of application for subdivision and site plan approval and for the approval, amendment or extension of planned districts under the Town's Zoning Ordinance, it is the expressed intent of the Town Board to change and supersede such statutes. More particularly, such statutes do not authorize the deferral or withholding of such approvals in the event such expenses are not paid to the Town. It is the expressed intent of the Town Board to change and supersede Town Law, §§ 274-a, 276 and 277 to empower the Town to require such payment as a condition to such approvals.

Subdivisions and site plans.

Planned districts.

The following developments are hereby excepted from the application of this section:

Notwithstanding anything to the contrary contained in this section, an applicant or developer shall not be required to reimburse the Town for any part of a legal or engineering fee incurred by the Town for services performed in connection with matters, including but not limited to those resulting from complaints by third parties, as to which the Planning Board determines the applicant or developer had no responsibility or was beyond the reasonable control of the applicant or developer.

Simultaneously with the filing of an application for approval of a development and prior to the commencement of any construction of buildings, highways, drainage facilities, utilities or parks therein, the applicant or developer, as the case may be, shall deposit with the Comptroller a sum of money, as determined in consultation with the Town Engineer, which sum shall be used to pay the costs incurred by the Town for engineering and legal services as described in Subsection C of this section.

Upon receipt of such sums, the Comptroller shall cause such monies to be placed in a separate non-interest-bearing account in the name of the Town and shall keep a separate record of all such monies so deposited and the name of the applicant or developer and project for which such sums were deposited.

Upon receipt and approval by the Town Engineer, in the case of engineers, and the Town Attorney, in the case of attorneys, of itemized vouchers from an engineer and/or attorney for services rendered on behalf of the Town pertaining to the development, the Comptroller shall cause such vouchers to be paid out of the monies so deposited, and shall furnish copies of such vouchers to the applicant or developer at the same time such vouchers are submitted to the Town.

The Town Engineer or the Town Attorney shall review and audit all such vouchers and shall approve payment of only such engineering and legal fees as are reasonable in amount and necessarily incurred by the Town in connection with the review, consideration and approval of developments and the inspection and acceptance of highways, drainage facilities, utilities and parks within or in conjunction with such developments. For purpose of the foregoing, a fee or part thereof is reasonable in amount if it bears a reasonable relationship to the average charge by engineers or attorneys to the Town for services performed in connection with the approval or construction of a similar development, and in this regard the Town Engineer or the Town Attorney may take into consideration the size. type and number of buildings to be constructed, the amount of time to complete the development, the topography of the land on which such development is located, soil conditions, surface water, drainage conditions, the nature and extent of highways, drainage facilities, utilities and parks to be constructed and any special conditions or considerations as the Town Engineer or Town Attorney may deem relevant; and a fee or part thereof is necessarily incurred if it was charged by the engineer or attorney for a service which was rendered in order to protect or promote the health, safety or other vital interests of the residents of the Town, protect public or private property from damage from uncontrolled surface water run-off and other factors, assure the proper and timely construction of highways, drainage facilities, utilities and parks, protect the legal interests of the Town, including receipt to the Town of good and proper title to dedicated highways and other facilities and the avoidance of claims and liability, and other such interests as the Town Engineer or Town Attorney may deem relevant.

Purpose. Within the Town there exist, from time to time, structures which have become dangerous, unsound, unsafe or hazardous and which thereby pose a threat to the health and welfare of Town residents. The Town Board declares that it is the obligation of persons responsible for such structures to repair or remove them after being notified of their condition. In the event that the repair or removal is not voluntarily accomplished, it is the purpose of this ordinance to secure such repair or removal and charge the cost thereof to the owner of the premises.

Enforcement. This chapter shall be enforced by the Commissioner of Planning or the Commissioner's designee. He/she is hereby authorized to make inspections of all types of structures throughout the Town, to declare such structures to be unsafe, hazardous or public nuisances and to make such structures safe in accordance with the procedures outlined in the chapter. The Town Attorney, on advice of an engineer, shall be designated an authorized agent of the Commissioner of Planning.

Declaration of public nuisance. Any structure, as defined in Chapter 68 of the Code, which in the opinion of the Commissioner of Planning or the Commissioner's designee has become dangerous, unsound, unsafe or hazardous as a result of fire, neglect, disrepair, structural failure, collapse, vandalism or any other means shall be declared a public nuisance. Such nuisance shall include any unoccupied structure which is not secured from entry by having all windows, doors and openings secured in accordance with the Commissioner of Planning or the Commissioner's designee's specifications.

Public nuisances prohibited. A public nuisance, as declared in this chapter, is a prohibited condition and shall be removed in accordance with the Commissioner of Planning or the Commissioner's designee's specifications.

Removal of public nuisance, A public nuisance may be removed without the owner's consent in accordance with the following procedure:

Declaration of immediate hazard. A public nuisance may be declared an immediate hazard by the Commissioner of Planning or the Commissioner's designee when there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment.

Removal of immediate hazard. Whenever the Commissioner of Planning or the Commissioner's designee declares that a premises contains an immediate hazard, he is hereby authorized to specify the work required to remove the hazard, to order the property owner to remove the hazard and to remove the hazard if such hazard is not removed within a specified time period.

Service of notice. The service of any notice provided for herein may be made upon the owner, one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the unsafe structure. Service shall be either personally or by registered mail addressed to the last known address, if any, of the owner or of one of such other named persons, as such address is shown in the records of the Receiver of Taxes or in the office of the County Clerk, together with posting a copy of the notice on the premises.

Statement of expenses. When the Town has effected the removal of the public nuisance or hazard pursuant to this chapter, the Commissioner of Planning or the Commissioner's designee shall prepare a statement of all costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including but not limited to clerical, mailing and administrative costs and the actual cost of removal of the nuisance or hazard, whether the work was performed by the Town or by the contractor paid by the Town. Such statement shall also contain a description of the property which caused the Town to incur such expenses and the name of the reputed owner of said property. The statement shall be prima facie evidence that all legal formalities have been complied with and that the ordered work has been completed properly and satisfactorily. Such statement, when filed, shall be full notice to every person concerned that the amount of the statement constitutes a charge against the property described in the statement and that the amount is due and collectible as provided in this chapter.

Retrieval of expenses.

Waiver of hearing. The property owner may waive the necessity of a hearing and grant the Town permission, in writing, to remove the public nuisance. In this event, the expenses incurred by the Town may be included in the next tax bill in accordance with the procedure set forth in this ordinance.

Severability. If any section, paragraph, subdivision, clause, phrase or provision of this Subsection A shall be declared invalid or held unconstitutional, the same shall not affect the validity of this Subsection A as a whole or part or provision thereof other than the part so declared to be invalid and unconstitutional.

Adoption of provisions. This ordinance, effective June 21, 1937, was recodified on December 16, 1980.

This provision shall be known as "minimum housing standards."

Legislative intent.

Applicability. This Subsection B shall apply to all residential premises as follows:

Exceptions. This Subsection B shall not apply to nursing and convalescent homes, public hospitals, camps, travel trailers, trailer parks or one-family dwellings located in a BAA District where the same are rented only from June 1 up to and including September 10.

Most restrictive regulations to prevail. Where a provision of this Subsection B is found to be in conflict with a provision of a zoning, building or health ordinance, or regulation adopted pursuant thereto or other local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail.

Existing remedies. Nothing in this Subsection B shall be deemed to abolish or impair existing remedies of the Town of Islip relating to the removal or demolition of any buildings which are deemed to be dangerous, unsafe or unsanitary or otherwise subject to lawful removal of demolition pursuant to law.

Severability. If a term, part, provision, section, subdivision or paragraph of this Subsection B shall be held unconstitutional, invalid or ineffective, in whole or in part, such determination shall not be deemed to invalidate the remaining terms, parts, provisions, sections, subdivisions and paragraphs.

General requirements.

Sewage drainage system.

Commissioner of Planning or the Commissioner's designee designated official inspector. The Commissioner of Planning or the Commissioner's designee of the Town of Islip is authorized to make or cause to be made inspections to determine the condition of dwellings, dwelling units, rooming houses, rooming units and premises in order to safeguard the health, safety, morals and welfare of the public. The Commissioner of Planning or the Commissioner's designee are authorized to enter any dwelling, dwelling unit, rooming house, rooming unit or premises at any reasonable time during daylight hours or at such other time as may be necessary in an emergency for the purpose of performing the Commissioner's duties under this Subsection B.

Access to dwellings. The owner, operator or occupant of every dwelling, dwelling unit, rooming house, rooming unit or premises shall give access to such dwelling, dwelling unit, rooming house, rooming unit and premises for the purpose of such inspections at any reasonable time during daylight hours or at such times as may be necessary in an emergency.

Identification of inspectors. Inspectors and authorized personnel of the Building Division shall be supplied with official identification when entering any dwelling, dwelling unit. rooming house, rooming unit or premises.

Emergencies: power to act. Whenever the Commissioner of Planning or the Commissioner's designee finds a violation of this Subsection B exists which, in the Commissioner's opinion, requires immediate action to abate a direct hazard or immediate danger to the health, safety or welfare of the occupants of the building or of the public, he may, by telephone notice to the owner, agent, operator or occupant, or without prior notice, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. Such order may include an order to vacate. Notwithstanding any other provision of this Subsection B, such an order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided.

Extension of compliance time. The Commissioner of Planning or the Commissioner's designee may extend the compliance time specified in any notice or order issued under the provisions of this Subsection B where there is evidence of intent to comply within the period specified, provided that reasonable conditions exist which prevent immediate compliance.

Abatement of hazards in emergencies. Whenever any violation of this Subsection B, which, in the opinion of the Commissioner of Planning or the Commissioner's designee, causes a direct hazard or immediate danger to the health and safety of the occupants of a building or the public, has not been corrected in the time specified by the order issued, the Commissioner of Planning or the Commissioner's designee may take such direct action as is necessary to abate the hazard or danger, including demolition. Expenses incurred in the execution of such orders shall be recovered as provided herein.

Recovery of costs and expenses. The expenses incurred pursuant to § 68-30B(15) of this chapter shall be paid by the owner or occupant of the premises or by the person who caused such violation to exist, as follows:

Administrative liability. No Building Inspector, officer, agent or employee of the Town of Islip shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this Subsection B. Any suit brought against any officer, agent or employee of the Town of Islip as a result of any act required or permitted in the discharge of his duties under this Subsection B shall be defended by an attorney appointed by the Town Attorney until the final determination of the proceedings therein.

Designation of unfit structures. Any dwelling or dwelling units, rooming house or rooming unit or premises having any of the defects found in Subsection B(18) (a), (b), (c) and (d) below may be designated by the Commissioner's of Planning or the Commissioner's designee as unfit for human habitation or use and may be so placarded.

Notice of intent to vacate. Whenever the Commissioner of Planning or the Commissioner's designee determines that a dwelling unit, rooming house or rooming unit or premises is unfit for human habitation or use as provided in § 68-30B(18), he/she may include such finding within the notice of violation provided for in this chapter. He/she may also include a notice of his intent to vacate and placard the dwelling, dwelling unit, rooming house or rooming unit or premises if compliance with the provisions of the notice of violation is not secured within the time specified.

Order to vacate. Whenever a notice of violation, as provided in § 68-30B(19) of this chapter, has not been complied with, the Commissioner of Planning or the Commissioner's designee may order the dwelling, dwelling unit, rooming unit or rooming house to be vacated. A copy of such order to vacate shall be served on the occupant and owner, agent or operator, as provided in this chapter.

Vacation of unfit structures and premises. Any dwelling, dwelling unit, rooming house or rooming unit or premises designated as unit for human habitation or use pursuant to § 68-30B(18) and ordered to be vacated as provided in § 68-30B(20) shall be vacated within such reasonable time as the Commissioner of Planning or the Commissioner's designee may specify in the order. No such dwelling or dwelling unit shall again be used for human habitation, or placard removed, until written approval is secured from the Commissioner of Planning or the Commissioner's designee.

Removal of placard restricted. No person shall deface or remove the placard from any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation, except as provided in §§ 68-30B(21).

Unfit structures made secure. The owner, agent or operator of any dwelling, dwelling unit, rooming house or rooming unit or premises which has been designated as unfit for human habitation and vacated shall make such dwelling, dwelling unit, rooming house or rooming unit safe and secure in whatever manner the Commissioner of Planning or the Commissioner's designee shall deem necessary. Any vacant building open at the doors and windows, if unguarded, shall be deemed a direct hazard or immediate danger to the health and safety of the general public.

Demolition. Whenever the Commissioner of Planning or the Commissioner's designee designates a building unfit for human habitation, the Building Inspector may institute proceeding pursuant to this chapter to remove and demolish the said structure or building. The expenses thereof may be recovered pursuant to § 68-30B(16) herein.

Responsibility of owners.

Responsibility of occupants. Occupants of dwelling units shall be responsible for compliance with this Subsection B in regard to the following:

Revocation of certificate of occupancy; injunction proceedings. Any certificate of occupancy may be revoked and injunction proceedings may be maintained by the Town of Islip, in addition to any other remedy hereunder, in the event of a continuing violation or a refusal or failure to comply with this chapter. Failure or refusal to procure a permit required under the Town Code shall be a violation.

(Reserved)

Fees. The Commissioner of the Department of Planning and Development shall set such fees as he or she deems appropriate. However, said fees may be modified by the Town Board in its discretion.

Interpretation of terms. For the purpose of this chapter, as well as all other provisions of the Code of the Town of Islip, the term "Chief of the Bureau of Fire Prevention" shall mean any Fire Marshal employed by the Town of Islip.

Right of entry.

Inspection of buildings and premises.

Orders to eliminate dangerous or hazardous conditions.

Service of orders.

Investigation of fires.

Fire records. The Chief of the Bureau of Fire Prevention shall keep in the office of the Bureau of Fire Prevention a record of all fires affecting structures and of all the facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby. Such record shall be made from the reports made by the Fire Department officers and inspectors.

Exceptions. Nothing contained in this Subsection C shall be construed as applying to the transportation of any article or thing shipped under the jurisdiction of and in compliance with the regulations prescribed by the Interstate Commerce Commission, nor as applying to the military forces of the United States.

Fire drills in educational and institutional occupancies.

Permits.

Revocation of permit. The Bureau of Fire Prevention may revoke a permit or approval issued if any violation of this Subsection C is found upon inspection or in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.

Liability for damages. This Subsection C shall not be construed to hold the Town responsible for any damage to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect or the permit issued as herein provided or by reason of the approval or disapproval of any equipment authorized herein.

Charts.

Certificate of fitness and LPG. Any person who performs the transfer of liquid propane gas (LPG) within the jurisdiction of the Town of Islip shall first obtain a certificate of fitness from the Town of Islip Fire Marshal's office.

Zero-step entrance. At least one stepless entrance to the residence, which may be located at the front, rear or side of the structure, but does not include any entrance that is located within an attached garage. There shall be less than a one-half-inch rise at the stepless entrance. A sidewalk or walkway being utilized as the accessible route to the stepless entrance must have a slope no greater than 1:12.

Doorways and passageways. All doors on the ground floor of the new construction or addition (including bathrooms, walk-in closets, pocket and sliding doors, and any door intended for human passage) shall have a minimum clearance of 34 inches. A thirty-six-inch door, hung in the standard manner, provides the thirty-four-inch clear opening required by this section.

Adaptability features: the existence of at least one room on the ground floor which can easily be converted into a bedroom (except when such conversion is prohibited) and meets all federal, state, county, and local building and zoning codes.

Bathroom: reinforcements or "blocking" between wall studs around the toilet and the bathroom/shower areas to conveniently and safely allow for future installation of grab bars, commencing at a height of 32 inches from the floor and extending to a height of at least 38 inches above the floor. Reinforcements may be constructed of plywood or wood blocking.

Convenient facilities. There shall be at least a 1/2 bathroom located on the ground floor, and the fixtures shall be arranged to provide sufficient floor space so as to allow an individual using a wheelchair or other mobility aid to enter and close the door, use the facilities, reopen the door and exit. A sixty-inch turning radius is required to meet the requirements of this section. Maneuvering space may include any knee space or toe space available below bathroom fixtures, including the clear space under a wall-hung lavatory.

The Building Department shall promulgate procedures for departmental review of applications for building permits related to design modifications and accessibility improvements. Applications for a single-family detached residence which include three or more universal design features shall be reviewed within 10 working days.

Any exterior changes related solely to providing accessibility for disabled persons and seniors to the dwelling, including, but not limited to, ramps and decks, shall not be included in the calculation of gross floor area.

The Building Department shall have the authority to approve the installation of exterior design modifications and accessibility improvements as a temporary exception from any applicable front-side and rear-yard setbacks, subject to the following:

The applicants are rebuilding an identical structure in either the exact same location as it was located immediately prior to Superstorm Sandy, or in any other location that comes closer to conformity with the provisions of this ordinance at the direction of the Commissioner of Planning, on both public and private property.

The gross floor area of said structure does not exceed that of any previous certified structure.

Any such structure possessed a valid certificate of occupancy and/or certificate of compliance pursuant to § 68-25 of this chapter prior to the date of Superstorm Sandy.

Any new or rebuilt structure, which is required to be elevated pursuant to Article XL of this chapter, complies with the applicable height provisions within the subject zoning district.