Kent City Zoning Code
ARTICLE XXI
Accessory Apartments
§ 77-70 Purpose; special use permit required.
A.
It is the intention of this article to permit the creation, subject to the standards listed below, of owner-occupied accessory apartments in the Town for the purposes of maintaining a supply of small rental owner-occupied housing units designed to meet the needs of persons, both young and old, of moderate income and to permit the efficient use of the Town's housing stock by providing economic support for owners of larger structures and incentives for maintenance of these structures. To achieve these goals and to promote the other objectives of the Zoning Ordinance to serve the health and welfare of the Town's people, the regulations below have been created.
B.
The Zoning Board of Appeals may grant a special use permit to create an owner-occupied accessory apartment within an existing single-family dwelling, but not in an accessory structure, provided that:
(1)
The residence structure in which the accessory apartment is to be located shall be owner-occupied at all times and shall have been owned by the applicant a minimum of four years prior to the date of any application made hereunder. Such residence shall have been constructed at least eight years prior to such application, and no additions shall have been made within four years thereof.
(2)
Accessory apartments shall be self-contained, with separate cooking, sanitary and sleeping facilities.
(3)
There shall be no more than one accessory apartment per lot.
(4)
The lot shall comply with the lot area, yard and coverage requirements for the zoning district in which it is located.
(5)
A separate entrance shall be provided for the accessory apartment. No exterior changes shall be made to the dwelling which, in the opinion of the Zoning Board of Appeals, will alter the single-family character of the dwelling.
(6)
Off-street parking spaces suitable for year-round use shall be provided on the lot for all vehicles. No new driveway access to the street shall be permitted. The Zoning Board of Appeals may require the installation of screening and/or planting to buffer parking areas from the street or from adjoining residences.
(7)
The accessory apartment shall contain at least 400 square feet and not more than 800 square feet of gross floor area but shall not exceed 25% of the total floor area of the principal residence structure unless, in the opinion of the Zoning Board of Appeals, a greater or lesser amount of floor area is warranted by the specific circumstances of the particular building. The number of bedrooms shall be determined by septic capacity but in no event shall exceed two bedrooms in the accessory apartment.
(8)
In lieu of the requirements of Article XVII, §§ 77-60 and 77-61, of this chapter requiring the submission of a site plan, an applicant under this article shall furnish sufficient data to indicate existing building and lot conditions to enable the Zoning Board of Appeals and Building Inspector to review the application and the Building Inspector to inspect the premises. This information may include an informal, dimensional floor plan of the proposed accessory apartment as required by the Zoning Board of Appeals. No site plan fee is required. An application or renewal fee, as the case may be, shall be paid as established by resolution of the Town Board.[1]
(9)
The approval of the Putnam County Department of Health must be obtained for water supply and sewage disposal systems prior to the approval of the special use permit.
(10)
The Building Inspector and the Fire Inspector shall inspect the proposed accessory apartment and report, in writing, any deficiencies to the Zoning Board of Appeals prior to the granting of the special use permit. Any such deficiencies shall be ceased, cured or corrected prior to any action on the special use permit.
C.
The Zoning Board of Appeals may impose any further conditions upon the issuance of a special use permit under this chapter that will promote and protect the safety, health and welfare of the population of the Town of Kent. The duration of the permit shall be limited to five years and may be renewed by application to the Zoning Board of Appeals. Upon such application, the Zoning Board of Appeals shall not unreasonably withhold or refuse renewal. Prior to the renewal of the permit, however, the Building Inspector shall inspect the building and determine that all of the criteria set forth above and those conditions imposed upon the original special use permit have been complied with by the applicant.