Shelter Island City Zoning Code
ARTICLE IV
Specific Use Regulations
§ 133-14 Bed-and-breakfasts.
A.
Bed-and-breakfast establishments shall be permitted in all zones subject to issuance of a license, renewable every two years, in and subject to the following requirements:
[Amended 6-14-2019 by L.L. No. 9-2019]
(1)
The building shall be a detached one-family dwelling with a certificate of occupancy or a certificate of compliance as such with no less than two bedrooms.
(2)
The building shall be occupied by the owner during any period of time in which it is being used as a Bed-and-breakfast except in B Zone.
(3)
There shall be no separate kitchen for registered guests.
(4)
The number of bedrooms available for registered guests shall not exceed New York State and Suffolk County maximums for a bed-and-breakfast.
(5)
The length of stay for registered guests shall not exceed two weeks, or 14 consecutive days.
(6)
The dwelling shall have a minimum of two parking spaces and at least one additional parking space for each guest room. Guest parking shall be in the least conspicuous area of the lot and appropriately buffered so as to be reasonably concealed from view.
(7)
The owner shall maintain a guest register and shall preserve registration records for a minimum of three years.
(8)
No meals may be served on the premises to room-registered guests except for breakfast.
(9)
The building shall be in compliance with all applicable zoning, building, health, fire, electrical and plumbing codes.
(10)
No accessory apartment shall be permitted in or on premises for which a bed-and-breakfast is authorized or exists.
(12)
The Building Inspector/Zoning Officer will certify compliance with this section annually.
(13)
The owner shall present such documentation annually as the Building Inspector/Zoning Officer requires to assure that the operation of the premises continues to fulfill the established standards.
(14)
Additional requirements for the Near Shore and Peninsula Districts:
(a)
No bed-and-breakfast may be continued or operated unless it can be demonstrated to the satisfaction of the Building Inspector/Zoning Officer that it was established and operating prior to the enactment of this chapter.
(15)
An existing bed-and-breakfast that wishes to increase the number of bedrooms available to registered guests must submit an engineer's certification that the septic system is sufficient for the increased capacity.
B.
License procedure.
(1)
No establishments may be operated without first obtaining a special license from the Building Inspector/Zoning Officer upon a finding that the provisions of this section are met.
(2)
The application for a license shall include a current certified survey of the property, including the positions of the principal building, any accessory buildings, location of wells and septic systems and parking facilities, and a floor plan of the proposed bed-and-breakfast indicating the use of all rooms.
(3)
The license shall terminate after two years or upon a change of ownership of premises, or when the owner ceases to occupy the premises, or when the Building Inspector/Zoning Officer determines that the premises fails to comply with the requirements herein, whichever comes sooner.
(4)
The owner shall present such documentation annually as the Building Inspector/Zoning Officer requires to assure that the operation of the premises continues to fulfill the established standards.[1]
[1]
Editor's Note: Former Subsection B(5), regarding premises wishing to operate as a bed-and-breakfast, which immediately followed, was repealed 6-14-2019 by L.L. No. 9-2019. Former § 133-14.1, Vacation rentals, added 4-21-2017 by L.L. No. 4-2017, as amended, which immediately followed, was repealed 6-14-2019 by L.L. No. 11-2019. See now Ch. 105, Rental of Real Property.
§ 133-15 Mobile homes.
Notwithstanding any other provisions of this chapter, mobile homes may be temporarily located in any district as temporary living quarters during the actual construction period of a dwelling or other building, following which the mobile home shall be removed. Application for a temporary permit for this purpose may be made to the Building Inspector/Zoning Officer by the property owner or the contractor. Such temporary permit shall expire no later than eight months after its issuance, at which time the mobile home will be removed. The temporary permit may be renewed upon application to the Building Inspector/Zoning Officer. Mobile homes may not be used as permanent housing.
§ 133-16 Tent camps.
A.
No tent camping may be allowed within the Town without a permit issued at the discretion of the Town Board. Applications for a permit are available at the office of the Town Clerk.
B.
Exemptions from the requirements of a permit:
(1)
Temporary tent camping for any local unit of the Boy Scouts of America, Girl Scouts of America or similar organizations.
(2)
On private property with the permission of the property owner or occupant, provided that such tent camping is temporary and limited to the owner or occupant or his family and guests without compensation.
§ 133-16.1 Unauthorized helicopter takeoffs and landings prohibited.
[Added 5-4-2007 by L.L. No. 3-2007]
All takeoffs and landings of helicopters are prohibited within the unincorporated area of the Town of Shelter Island, except at the private airstrip located at Westmoreland Farms and only then with owner permission.
§ 133-16.2 Emergency and governmental landings.
[Added 5-4-2007 by L.L. No. 3-2007]
Emergency landings for medical and/or public safety emergencies are exempt from this chapter. Also exempt are occasional helicopter landings as part of practice drills and governmental business.
§ 133-17 Accessory apartments.
A.
Accessory apartments created in all districts after the enactment of this section.
(1)
General requirements.
(a)
The principal dwelling on the lot where the accessory apartment is to be added shall possess a certificate of occupancy or a certificate of compliance for a one-family dwelling.
(b)
The principal dwelling shall be the only dwelling existing on the lot.
(c)
An accessory apartment shall not be permitted on a lot where the one-family dwelling includes a rooming house or boarders, bed-and-breakfast, preexisting accessory apartment, two-family dwelling or a preexisting multiple-family dwelling.
(d)
The lot shall conform with the area and bulk regulations of the zoning district within which it is located, except that an accessory apartment may be sited on a legal nonconforming lot which contains no less than 75% of the district's lot area requirement exclusive of wetlands and land under water.
(e)
No violations of the Town Code shall exist on the lot at the time the application for an accessory apartment is submitted. The Building Inspector/Zoning Officer shall inspect the premises upon receipt of a completed application, and the application shall not be processed until all outstanding violations are corrected.
(f)
No accessory apartment may be used or occupied as such without the issuance of a license.
[1]
The license shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of the accessory apartment may continue in occupancy until a new owner shall occupy the other dwelling or one year from the date of the owner's demise, whichever shall occur first.
[2]
All accessory apartments shall be subject to the inspection of the Building Inspector/Zoning Officer and renewal of the license every two years.
[3]
Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required and received prior to the issuance of a license authorizing the use of the accessory apartment.
[4]
The number of new accessory apartments first licensed in any twelve-month period shall not exceed five plus a number equal to the number of licenses expired without renewal or otherwise terminated during that period. This limit does not apply to license renewals or, for 18 months following the effective date of these provisions, to licenses granted under § 133-17B(1) for preexisting facilities. This limitation shall expire on January 1, 2004, unless this date is extended prior to that time.
(g)
No new accessory apartment may be constructed in the Near Shore and Peninsula Overlay District.
(2)
Occupancy requirements.
(a)
Owner occupancy required. The owner(s) of the lot upon which the accessory apartment is located shall reside within either the principal dwelling or the accessory apartment, and said dwelling or apartment shall be considered the owner's(s') residence.
(b)
If either dwelling is leased, it shall be for a year-round occupancy evidenced by a written lease for a term of one or more years.
(4)
Design requirements.
(a)
Accessory apartments shall be a minimum of 480 square feet.
[Amended 3-5-2004 by L.L. No. 5-2004]
(b)
The accessory apartment shall contain a kitchen, a complete bathroom and no more than two conventional bedrooms.
(c)
Any outside ground-floor entrance to an accessory apartment which is added to another structure shall be from the side or rear yard, with interior stairwells. Second-floor outside entrances to an existing or proposed accessory apartment shall be from the side yard or rear yard, with interior stairwells.
(d)
The bedrooms and bathroom shall not provide the sole access to any other rooms or the sole egress to the out-of-doors.
B.
Existing accessory apartments in all districts.
(1)
Existing accessory apartments, whether seasonal or year round, if lacking a license as an accessory apartment shall be brought into conformity with the requirements of § 133-17. Their owners shall obtain a license within 18 months of the effective date of this provision. Failing that, the occupancy of the unit as an accessory apartment shall be discontinued forthwith.
(2)
Licenses shall be granted only for units complying with the requirements of applicable federal, state, county and local building, health, fire, electrical and plumbing codes. Any proposed alterations to reexisting units shall, in addition, be subject to the requirements of this section.
(3)
Upon compliance with the standards and requirements of this section, the accessory apartment use may be continued. However, if it is located within the Near Shore and Peninsula Overlay District, the use shall be considered nonconforming and subject to the provisions of § 133-23, except that no alteration or expansion will be permitted other than to conform to this section.
C.
Procedure.
(1)
In order to construct a new accessory apartment or obtain a license for an existing one, the applicant shall apply for a building permit and license from the Town Building Department in the manner of all other applications for building permits or licenses.
(2)
A filing fee for each application shall be required for each application for an accessory apartment. Where the application entails structural alteration of the dwelling, the applicant shall also pay all other applicable fees as provided under the Town Code.
(3)
Only the owner-occupant of the residence may apply for this building permit or license and shall execute such agreements, contracts, easements, covenants, deed restrictions or other legal instruments in favor of the Town which upon recommendation of the Town Attorney will ensure that:
(a)
The principal dwelling or the accessory apartment is the residence of the owner-occupant;
(b)
The principal dwelling or the accessory apartment is the residence of all tenants therein;
(c)
The accessory apartment or any proprietary or other interest therein will not be sold to the tenant or any other party except as part of a sale of the premises on which the apartment is located or to which an accessory apartment is annexed;
(d)
Any other conditions deemed reasonable and necessary to ensure the immediate and long-term success of the accessory apartment in helping to meet identified housing needs in the community.
§ 133-18 Home business offices and home occupations.
Home business offices and home occupations are allowed as provided in Article III, subject to the following additional requirements:
A.
In Zoning Districts A and AA, no more than one person not a member of the household shall be employed on the premises in the home office or occupation without a permit issued by the Town Board.
B.
Any outside storage areas, equipment or refuse or spoils, and work in progress, used in connection with the home office or occupation must be effectively screened from public view.
D.
No residence containing a home office or occupation shall appear to be a business establishment.
E.
Any employee parking shall be off street and shall be screened from public view.
F.
The activity shall not produce noise, odor, traffic or other nuisance perceptible at the lot line at a higher level than is common in a residential neighborhood of the town.