It is the purpose of this ordinance to provide an opportunity, in locations where adverse impacts do not result and in a manner consistent with the Comprehensive Plan, for the creation of small apartments within the existing structure of owner-occupied single-family detached dwellings. It is the intent of the ordinance to meet the special housing needs of small households and to allow for the efficient use of the Town's existing stock of single-family dwellings. It is also the intent of this ordinance to increase compliance with building and fire codes, preserve neighborhood stability and reduce the impact of foreclosure and deferred property maintenance, thereby preserving property values and the health, safety and general welfare of the community.

As used in this ordinance, the following terms shall have the meanings indicated:

No person shall create, construct, alter or occupy an accessory apartment or allow or maintain an accessory apartment without obtaining an accessory apartment permit from the Zoning Board of Appeals and a certificate of occupancy for said use from the Department of Building.

No accessory apartment permit shall be granted nor shall any said permit remain valid unless an owner of the lot upon which the accessory apartment is located resides within the principal dwelling unit. Tenants shall be limited in occupancy to the accessory apartment unit. For the purpose of this ordinance, an owner is defined as a title holder with no less than a 50% interest in the property.

No occupancy of the accessory apartment shall be permitted prior to compliance with all the requirements for two-family dwellings as per the New York State Uniform Fire Prevention and Building Code and/or the laws and housing regulations of the State of New York, County of Suffolk and Town of Islip, as well as any conditions pertaining to the accessory apartment permit. The applicant will be required to meet these standards within six months from the issuance of the building and zoning permit or the special permit will become null and void.

An accessory apartment shall not be located within an accessory structure.

The minimum required lot area for an accessory apartment within a single-family dwelling shall be 7,500 square feet.

The minimum width of lot for an accessory apartment within a single-family dwelling shall be 75 feet. In the case of lots located on curvilinear roads or culs-de-sac, said width shall be measured at the front building line of the principal dwelling.

There shall be permitted a maximum of two bedrooms for each accessory apartment. Occupancy of the accessory apartment shall not exceed one per 150 feet of gross floor area. The gross floor area of the accessory apartment shall be at least 300 square feet and shall not exceed 50% or 800 square feet, whichever is less, of the gross floor area of the principal dwelling, including the area of the accessory apartment in which it is located.

There shall be no more than one accessory apartment permitted per lot. Accessory apartments shall only be permitted within structures with a certificate of occupancy or certificate of compliance for a single-family dwelling.

Occupancy of an accessory apartment shall be contingent upon compliance with all appropriate health code requirements.

There shall be located on-site not fewer than four off-street parking spaces. These spaces shall be provided to ensure that at least two spaces are able to freely exit the property at any time. Parking shall be provided pursuant to the direction of the Town Engineer in a manner that is consistent with the residential appearance of the property. Required driveway improvements must be completed prior to the issuance of a certificate of occupancy or certificate of compliance for the accessory apartment unit.

Any dwelling which receives a certificate of occupancy after September 1, 1992, must be at least seven years old, as stated from said certificate of occupancy, in order to have an accessory apartment.

All structures, landscaping and paving on a lot on which an accessory apartment 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 Town or its designee reserves the right to enter onto the subject property after 15 days' written notice by certified mail, return receipt requested, to the then owner to its address as it appears on the assessment roll, to remove littered debris or to maintain or replace any fencing or planting if found that the improvements are not being maintained, and shall bill the owner for any expense incurred.

The Board of Appeals reserves the right to revoke any accessory apartment permit issued hereunder should the applicant or applicant's tenant violate any provision or any condition imposed upon the issuance of the special permit. Said revocation shall be after a hearing held by the Board of Appeals. The standard notification requirements for a hearing on a new accessory apartment applicant shall apply. Refusal to permit entry by authorized Town officials for the purpose of determining compliance with all regulations relating to this ordinance between the hours of 9:00 a.m. and 7:00 p.m. within 24 hours after receipt of said request may result in automatic revocation of the accessory apartment permit.

An application for a transfer of an accessory apartment permit to a subsequent property owner shall be on such forms and in such a manner as shall be prescribed by the Board of Appeals.

All penalties for violations of this article are delineated in § 68-666 of the Town Code.

The creation of the accessory apartment which results in an expansion of the gross floor area of the dwelling shall be subject to a reassessment of the property, the amount of which shall be determined by the Islip Town Assessor.

Discriminatory practices in the rental or lease of an accessory apartment shall be prohibited in accordance with Chapter 26, Housing: Discriminatory Practices, of the Code of the Town of Islip.

Improvements required in accordance with the issuance of an accessory apartment permit shall not be required prior to the date of the grant of the Board of Appeals but shall be completed prior to the issuance of a certificate of occupancy or in no case later than six months after the date of the grant of the Board.

Any variance required in connection with the issuance of an accessory apartment permit shall be heard by the Board of Appeals in accordance with § 68-412 of the Islip Town Code.