Old Tappan City Zoning Code
ARTICLE XII
Accessory Dwelling Units for Senior Citizens
§ 255-55 Definitions.
As used in this article, the following terms shall have the meanings indicated:
ACCESSORY DWELLING UNIT
A separate dwelling unit incorporated within or to become part of an existing detached one-family dwelling which dwelling also contains a primary dwelling unit.
CELLAR
That portion of a building which is partly or completely below grade and having at least 1/2 of its height below grade.
DWELLING UNIT
A room or group of rooms within a building forming a single habitable residential unit with permanent facilities for living, sleeping, cooking, eating and sanitation.
FLOOR AREA
The sum of the gross horizontal areas of the several floors of a dwelling, excluding garage areas and cellar floor areas. Such gross horizontal areas shall be measured from the outside walls of the dwelling, without deduction for hallways, stairs, closets, thickness of walls, columns or other features.
PERSON
A natural person only and not a corporation, partnership or other similar entity.
PRIMARY DWELLING UNIT
The main dwelling unit constituting the space remaining in such dwelling after the creation of an accessory dwelling unit.
§ 255-56 Approval of accessory dwelling unit as a conditional use.
Upon proper application and hearing as herein provided, one accessory dwelling unit shall be permitted as a conditional use in any existing detached one-family dwelling in any residential district in the Borough, provided that the Planning Board finds and determines that the following conditions have been met:
A.
The dwelling for which a permit for an accessory dwelling unit is sought shall be situated on a lot having a minimum area of 10,000 square feet.
B.
The dwelling for which such permit is sought shall have been occupied as a detached one-family dwelling pursuant to an initial certificate of occupancy issued at least 10 years prior to the filing of an application for approval of an accessory dwelling unit.
C.
Either the accessory dwelling unit or the primary dwelling unit shall constitute the domicile of the person or persons who own the lot on which the dwelling house is situated.
D.
At least one of the persons occupying either the accessory dwelling unit or the primary dwelling unit of the dwelling shall be 62 years of age or older.
E.
The accessory dwelling unit shall be occupied as a residence by no more than three persons.
F.
The accessory dwelling unit shall have a minimum floor area of 100 square feet, but shall not be greater than 25% of the total floor area of the building.
G.
No changes shall be made to the exterior of the dwelling which would detract from its external appearance as a detached one-family dwelling, except that a separate door to serve as an entrance and exit for such accessory dwelling unit may be installed, provided it does not abut the front yard of the lot. There shall be no separate utility meters for the accessory dwelling unit.
H.
In addition to the off-street parking required for the dwelling pursuant to § 255-48A, there shall also be provided on the same lot one additional parking space for the accessory dwelling unit, which shall also comply with the requirements of § 255-48.
I.
An accessory dwelling unit may not be situated or contained within a cellar or garage.
J.
The sanitary disposal system for the dwelling, either existing or as may be modified to accommodate the accessory dwelling unit, shall be inspected and approved by the board of health.
K.
The accessory dwelling unit as proposed shall comply with all other ordinances and regulations of the Borough.
L.
The granting of such application for a conditional use shall not substantially impair the visual aspect of the immediate neighborhood of which the dwelling is a part or the surrounding area.
§ 255-57 Application procedure.
A.
No building permit shall be issued for the creation of an accessory dwelling unit unless a conditional use approval therefor has been granted by the Planning Board.
B.
For a conditional use approval for an accessory dwelling unit, the procedure shall be as follows:
(1)
An application shall be submitted to the clerk of the Planning Board, in writing, in duplicate, on forms supplied by the Planning Board, furnishing pertinent data such as the names, addresses and ages of the owners, the names, addresses, and ages of the persons who are intended to occupy the primary dwelling unit and the accessory unit and an identification, by street number and lot and block designation, of the property involved.
(2)
The application shall be accompanied by 10 copies of the current survey of the property prepared by a licensed engineer or land surveyor depicting the boundaries of the lot and all existing structures and improvements on the property.
(3)
The application shall also be accompanied by 10 copies of a proposed floor plan drawn by a licensed architect or engineer depicting all proposed interior and exterior changes to the dwelling, including the relation of the accessory dwelling unit to the primary dwelling unit, the location of any proposed additional exterior doors, any proposed additional parking spaces and any proposed modifications to the existing sanitary disposal system.
(4)
The fee for such application shall be $200, plus $1,000 as an escrow for engineering and legal expenses.
[Amended 11-17-2003 by Ord. No. 833-03; 8-16-2004 by Ord. No. 852-04]
C.
Upon filing of a complete application for an accessory dwelling unit as a conditional use, the Planning Board shall conduct a hearing in accordance with the provisions of § 218-37.
D.
On such hearing the applicant shall give notice in accordance with the provisions of § 218-38.
E.
A list of property owners to whom the applicant is required to give notice shall be furnished in accordance with the provisions of § 218-39.
F.
The Planning Board shall render its decision not later than 95 days from the filing of a complete application.
G.
Any such approval granted by the Planning Board shall expire unless the construction with respect thereto shall have been actually commenced within 120 days of the Planning Board's determination on the application, except that the running of the period of limitation herein shall be tolled from the date of filing an appeal from the Planning Board's decision to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.
H.
The Planning Board's decision on such application shall be in accordance with the provisions of § 218-41. Publication of such decision shall be in accordance with § 218-42.
I.
Within 30 days of the completion of all construction with respect to the creation of such accessory dwelling unit and written notification thereof by the applicant, the Construction Code Official shall conduct a physical inspection of the dwelling, including the accessory dwelling unit, to determine whether all such construction complies with all ordinances of the Borough including, but not limited to, the provisions of Chapter 100, Article II, Housing. If the Construction Code Official finds and determines that all such ordinances have been complied with, (s)he shall issue a certificate of occupancy for the accessory dwelling unit upon the payment of a fee of $25.
[Amended 8-16-2004 by Ord. No. 852-04]
§ 255-58 Affidavit of continued compliance.
A.
On or before the first of January next following the issuance of a certificate of occupancy for an accessory dwelling unit, and on or before each and every January 1 next ensuing, the owner of the dwelling for which such certificate of occupancy was granted shall file in the office of the Construction Code Official a sworn affidavit in the form prescribed by the Borough Clerk, which shall state that there has been no change in the conditions upon which the approval was originally granted.
B.
If such owner shall fail to file any affidavit as herein required, the certificate of occupancy issued for the accessory dwelling unit shall automatically be revoked, and the Construction Code Official shall notify the owner, in writing, of such revocation.
C.
Any continued occupancy of such accessory dwelling unit following notice of revocation shall constitute a violation of this section.
§ 255-59 Transfer of dwelling.
A.
Upon the transfer of title by the owner of a dwelling in which an accessory dwelling unit is contained, the certificate of occupancy issued with respect to such accessory dwelling unit shall automatically expire upon the later of:
(1)
The 180th day after the recordation of such transfer in the Office of the Bergen County Clerk; or
(2)
The expiration of a written lease for such accessory dwelling unit, provided that in no event shall such continued use of the accessory dwelling unit under a written lease extend beyond a period of one year from the date of recordation of such transfer in the Office of the Bergen County Clerk, unless within such time period a new certificate of occupancy for such accessory dwelling unit is issued in the name of the new record owner of the property.
B.
Before any new certificate of occupancy may be issued, the Construction Code Official shall conduct a physical inspection of the dwelling, including the accessory dwelling unit, in order to determine that, other than with respect to the new ownership of the dwelling, there has been no change in the conditions upon which the original certificate of occupancy was granted.
C.
If the Construction Code Official finds and determines that there has been no such change in conditions, (s)he shall issue a new certificate of occupancy for the accessory dwelling unit upon the payment of a fee of $50.
[Amended 8-16-2004 by Ord. No. 852-04]
§ 255-60 Death of or vacation by senior citizens.
A.
Upon the death of the person 62 years or older, or the permanent vacation of such person from the accessory dwelling unit or primary dwelling unit in the dwelling for which approval hereunder was granted, the owner of such dwelling shall have a grace period within which the certificate of occupancy shall continue in full force and effect. Such grace period shall consist of the longer of either:
(1)
One hundred eighty days; or
(2)
The time remaining in the term of a written lease for the accessory dwelling unit, provided that in no event shall such continued use of the accessory dwelling unit under a written lease extend beyond a period of one year from the date of the death of the person 62 years of age or older, or the permanent vacation of such person from the accessory dwelling unit or primary dwelling unit.
B.
If, by the expiration of such period, no other person or persons being 62 years of age or older shall have commenced occupancy of the accessory or primary dwelling unit, the certificate of occupancy issued for the accessory dwelling unit shall automatically be revoked, and the Construction Code Official shall notify the owner, in writing, of such revocation.
C.
Any continued occupancy of such accessory dwelling unit as an accessory dwelling unit following notice of revocation shall constitute a violation of this section.
§ 255-61 Inspections.
The Construction Code Official shall have the right to conduct inspections in order to determine compliance or continued compliance with the provisions of this section in accordance with the provisions of § 100-13.
§ 255-62 Expiration.
Any accessory dwelling unit approved by the Planning Board as a conditional use pursuant to the terms and provisions of this article shall be deemed abandoned, and the certificate of occupancy with respect thereto shall automatically expire upon any change in or noncompliance with the conditions set forth in § 255-56.
§ 255-63 Violations and penalties.
The creation, maintenance or occupancy of any accessory dwelling unit other than in accordance with the provisions of this article shall constitute a violation of this article and shall be punishable as provided by Article XX.
