It is the specific purpose and intent of this article to permit accessory apartments on one-family residential properties in all one-family residence districts in order to provide the opportunity and encouragement for the development of small, rental housing units designed, in particular, to meet the special housing needs of single persons and couples of moderate income, both young and old, including relatives of families presently residing in Pleasantville.

It is the further purpose and intent of this article to allow and encourage the more efficient use of the Village's existing housing stock, to provide economic support for present resident families of moderate or limited income, to promote efficiency in the consumption of energy and the Village's natural resources and to protect and preserve property values.

It is therefore in the best interest of the public health, welfare and safety of the Village to enact this article and to help achieve these goals and to promote the objectives of this chapter and the Village Master Plan.

Accessory apartments shall be permitted only on one-family lots, including one-family lots that are nonconforming as to the pertinent dimensional bulk requirements of the zoning district in which they are located.

The owner(s) of the one-family dwelling and the one-family lot upon which the accessory apartment is to be located shall occupy at least one of the dwelling units on the premises as a principal residence.

There shall be no more than one accessory apartment permitted per one-family lot.

An accessory apartment shall be located in that portion of the principal dwelling building which has existed for at least 10 years prior to the date of application for an accessory apartment special use permit. Garage space may not be used for an accessory apartment.

The minimum livable floor area for an accessory apartment located within a principal dwelling building shall be 250 square feet, but in no case shall it exceed 25% of the gross floor area of the dwelling building in which it is located. An accessory apartment may not have more than two bedrooms. For the purposes of this section, the gross floor area shall be the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of exterior walls, but shall exclude the following:

Accessory apartments shall be located, designed and constructed in such a manner that, to the maximum extent feasible, the appearance of the principal dwelling building will remain as a one-family residence. No more than one entrance for either the principal dwelling unit or the accessory apartment or a single entrance to be used by both shall be permitted along any side of the dwelling that faces an adjacent street. Accessory apartments shall be designed and constructed so as not to detract from the single-family character of the building and not to cause an adverse impact upon the single-family residential character of the neighborhood.

Space for the parking of passenger vehicles shall be provided in accordance with Schedule VII of § 185-36 of this chapter. The Planning Commission shall be prohibited from exercising its discretion to permit parking within the required front yard pursuant to the provisions of § 185-38E of this chapter.

In considering and reviewing a site plan for an accessory apartment, the Planning Commission shall take into consideration the public health, safety and welfare and may prescribe conditions and safeguards as may be reasonable and necessary to further the expressed intent of this chapter and achieve the following objectives:

Prior to the issuance of any permits for the establishment of an accessory apartment, approval of the proposed method of water supply and sewage disposal shall be obtained from the Westchester County Department of Health, if applicable as determined by the Building Inspector, and all necessary permits shall be obtained from the Village of Pleasantville.

There shall be a maximum of 50 accessory apartment special permits issued pursuant to this article. In applying this requirement, preexisting dwelling units that have been granted accessory apartment special permits pursuant to the provisions of § 185-35A of this article and other legally existing apartments shall not be counted.

The Planning Commission shall deny an accessory apartment special permit if three other such permits or approvals for apartments in one-family dwellings have been issued within a 500-foot radius of the property lines of the lot containing the proposed accessory apartment. In applying this requirement, preexisting dwelling units that have been granted accessory apartment special permits pursuant to the provisions of § 185-35A of this article shall not be counted.

In accordance with the intent of this article, the Planning Commission shall deny an accessory apartment special permit should it find that the total number of apartments, including existing apartments with accessory apartment special permits, other legally existing apartments and the proposed apartment, will adversely affect the character of the neighborhood within 300 feet of the subject property. In applying this requirement, the Planning Commission shall consider the effect of the proposed accessory apartment on traffic, noise, congestion, appearance and such other factors as deemed relevant by the Planning Commission, consistent with the purposes of this article.

No accessory apartment shall be created, maintained or occupied until an accessory apartment special permit is obtained from the Planning Commission. Applications for accessory apartment special permits shall be processed in accordance with the provisions of § 185-56 of this chapter, except as otherwise expressly modified herein.

Accessory apartment special permits shall be issued only to the owner-occupant of the principal dwelling in which such apartment is to be located. Such permit shall be valid for a period of up to two years from the date the resolution granting approval is filed with the Village Clerk, but all permits shall expire on May 31 of the second year. Such permits shall be renewable by the Building Inspector upon his or her determination that the accessory apartment is operated in compliance with all conditions and requirements of its permit and of this section and is not, at the time of application for renewal, in violation of any applicable law, rule or regulation. Each renewal shall be valid for a period of two years from the date of renewal.

An accessory apartment special permit shall expire and lapse automatically upon either change of ownership of the subject premises or when such owner ceases to occupy the principal dwelling or the accessory apartment. In the event of such change of ownership or occupancy, the accessory apartment use shall be permitted to continue for 90 days following the date of transfer of title or the date when the owner ceases to occupy the premises, whichever occurs sooner, unless the Planning Commission approves an additional extension of time, not to exceed 90 days.

An applicant for an accessory apartment special permit shall furnish a site plan indicating existing building and lot conditions and a dimensional floor plan of the principal dwelling building and the proposed accessory apartment. The site plan shall also include a location map showing the applicant's property and adjacent property and streets, the location of existing and proposed off-street parking, water supply and sewage disposal facilities, ingress and egress to the site and such other information as may be required by the Planning Commission to determine compliance with the provisions of § 185-32H of this article.

Every application for an accessory apartment special permit shall be accompanied by a fee, as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time.

An accessory apartment special permit may be approved by the Planning Commission only after the subject application is reviewed and certified as to compliance with the provisions of this article by the Building Inspector. Such review shall include, but not be limited to, all applicable health and safety standards and building codes.

Public notice of a public hearing to be held on an application for accessory apartment special permit approval shall be provided to all property owners within 300 feet of the subject premises.

The certificate of occupancy issued by the Building Inspector for the approved accessory apartment shall indicate that the accessory apartment special permit is valid for a period of up to two years from the date the resolution granting approval is filed with the Village Clerk, but shall expire on May 31 of the second year, and shall also indicate that the accessory apartment special permit shall expire and lapse automatically upon either change of ownership of the subject premises or when the owner ceases to occupy either the principal dwelling unit or the accessory apartment.

An owner of a one-family dwelling that contains additional dwelling units not currently permitted under this chapter and who has not previously obtained an accessory apartment special permit shall apply to the Planning Commission for such permit within 90 days of the effective date of this article. If application is made within 90 days, the owner of the dwelling shall not be deemed to be in violation of this article. If application is not made within 90 days, the owner of the dwelling shall be deemed to be in violation of this article and subject to the penalties specified herein. In considering such application, the Planning Commission may waive, modify or give the applicant an opportunity to cure any violation of the provisions of this article, provided that the purposes of this article are met and any proposed accessory apartment approved under this subsection shall not adversely affect the character of the neighborhood within 300 feet of the subject property.

Any new owner of a dwelling for which an accessory apartment special permit has previously been issued shall have 90 days following the date on which title is transferred to apply for a new accessory apartment special permit. Such application for reapproval shall not be subject to the provisions of § 185-33 of this article and may be granted by the Building Inspector, subject to compliance with the criteria set forth in § 185-32 of this article. In the event that a new owner of a one-family dwelling previously approved for an accessory apartment fails to apply for an accessory apartment special permit within 90 days of taking title and continues to maintain the accessory apartment use, the new owner shall be deemed to be in violation of this article and subject to the penalties specified herein. In addition to the above, the new owner shall be precluded from applying for an accessory apartment special permit for a period of one year from the date on which title is transferred. The standards of § 185-33 of this article shall be applicable to any application made following any such suspension.