Southampton Village
City Zoning Code
City Zoning Code
ARTICLE IX
Accessory Apartments
§ 116-50 Legislative intent.
It is the purpose of this article to provide an opportunity, in locations where adverse impacts do not result, for the creation of small apartments within the existing structure of owner-occupied single-family detached dwellings. It is the intent of the article to meet the special housing needs of small households, promote and encourage affordable housing and to allow for the efficient use of the Town's existing stock of single-family dwellings. It is also the intent of this article 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.
§ 116-51 Special permit and certificate of occupancy required.
No person shall create, construct, alter or occupy an accessory apartment or allow or maintain an accessory apartment without obtaining an accessory apartment special permit from the Board of Zoning Appeals and a certificate of occupancy for said use from the Department of Building. Floor area located more than 50% below grade shall satisfy all applicable requirements of the New York State Uniform Fire Prevention and Building Code prior to being occupied by an accessory apartment.
§ 116-52 Owner occupancy required.
No accessory apartment permit shall be granted nor shall any said special 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.
§ 116-53 Code compliance required.
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, housing regulations and health codes 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.
§ 116-54 Expressly prohibited uses.
An accessory apartment shall not be located within an accessory structure.
§ 116-55 Minimum required lot area.
The minimum required lot area for an accessory apartment within a single-family dwelling shall be 7,500 square feet.
§ 116-56 Minimum required lot width.
The minimum width of a 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.
§ 116-57 Limitation of bedrooms, occupants and floor area.
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 400 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.
§ 116-58 Number of apartments permitted.
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.
§ 116-59 Expansion and alteration of main dwelling.
No changes shall be made to the exterior design of a structure in which an accessory apartment is created that would alter the single-family appearance of the dwelling. Only one visible front entrance shall be permitted. Any electrical and water meters installed to service an accessory apartment shall not be visible from any roadway.
§ 116-60 Off-street parking requirements.
Off-street parking shall be provided for the accessary apartment at the rate of one space per 400 square feet, or part thereof, of livable floor area. Parking shall be provided pursuant to the direction of the Building Inspector 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.
§ 116-61 Special permit applications.
A.
Before approval of a special permit shall be given, the Board of Zoning Appeals shall determine:
(1)
That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts.
(2)
That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts.
(3)
That the safety, the health, the welfare, the comfort, the convenience or the order of the Town will not be adversely affected by the proposed use and its location.
(4)
That the use will be in harmony with and promote that general purpose and intent of this article.
B.
In making such determination, the Board shall also give consideration, among other things, to:
(1)
The character of the existing and probable development of uses in the district and the peculiar suitability of such districts for the location of any of such permissive uses.
(2)
The conservation of property values and the encouragement of the most appropriate uses of land.
(3)
The effect that the location of the proposed use may have upon the creation or undue increase of vehicular traffic congestion on public streets or highways.
(4)
The necessity for space for the purpose of off-street parking of vehicles incidental to the use, and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be had.
(5)
Whether the use or the structures to be used therefor will cause an overcrowding of the land or undue concentration of population.
(6)
Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.
C.
No change of any kind shall be made to the structure until the Board of Appeals grants an accessory apartment permit and the Building Department issues a permit to construct said apartment. Subsequent to the granting of the permit by the Board of Appeals, an application shall be submitted to the Department of Building for all necessary building permits.
D.
All applications must be supplied by owner(s) of the property, and the applicant shall be required to file a notarized document with the Board of Appeals. This document shall state that the accessory apartment use and permit shall terminate upon the death of the applicant or the survivor of the applicant, upon the transfer of title to said premises, upon the applicant no longer occupying the premises as their principal residence or upon conviction for a violation of this section.
E.
The applicant will be required to file a form stating that the subject dwelling shall meet all New York State Uniform Fire Prevention and Building Code requirements and all Village requirements pertaining to temporary special permits for accessory apartments.
F.
A public hearing before the Village Zoning Board of Appeals shall be required for all applications for an accessory apartment permit, including transfers of said permits, except for renewals by the same owner.
G.
Every accessory apartment permit granted by the Board of Appeals shall become null and void and of no further force and effect unless the applicant obtains a building and change of use permit to create an accessory apartment no later than 90 days after approval is granted by the Board of Appeals.
§ 116-62 Renewal of special permits.
A.
All accessory apartment special permits must be renewed every three years or upon transfer of title. The owner of an accessory apartment is required to apply to the Board of Appeals to renew this permit, in accordance with adopted Department procedures. The applicant is required to submit an affidavit of residency and to notify the owners of all dwellings within 100 feet of the subject property.
B.
The Board of Appeals reserves the right to require a public hearing prior to the renewal of the permit if, on the basis of responses from the neighboring residences or by an inspection of municipal officials, reason exists to believe that the conditions of the permit are not being met.
§ 116-63 Revocation of special permits.
A.
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.
B.
All permits granted under this article may be revoked by the Zoning Board of Appeals upon application of the Village Attorney's office or the Building Inspector for any of the following reasons:
(1)
Failure to maintain the necessary requirements as outlined in this article, or occurrence of unlawful activities at or about the premises;
(2)
There is fighting or violent, tumultuous or threatening behavior by any occupant of the premises as determined by the Board;
(3)
There is unreasonable noise from the premises on a regular basis as determined by the Board;
(4)
There are repeated calls to the police for disturbances and/or disputes at the premises;
(5)
There is obstruction of vehicular or pedestrian traffic due to vehicles from or at the premises;
(6)
There is a hazardous or physically offensive condition created by an act of an occupant of the premises;
(7)
For existing violations of the Village Code on the premises;
(8)
When violations of any state or local law exist on the premises;
(9)
Any other reason where the Board finds it is in the best interest of the community to revoke the permit due to health, welfare and safety concerns.
§ 116-64 Transfer of accessory apartment permit.
Notwithstanding the foregoing, a permit may be transferred to a purchaser of the dwelling within 30 days of transfer of title of the property, provided that the purchaser executes and submits to the Commissioner of Planning and Development the following legal documents and information:
§ 116-65 Penalties for offenses.
§ 116-66 Application fees; reassessments.
The fee for accessary apartment permit applications shall be established from time to time by the Board of Trustees. 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 Village Assessor.
§ 116-67 Completion of improvements.
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.
§ 116-68 Variances.
Any variance required in connection with the issuance of an accessory apartment permit shall be heard by the Village Board of Appeals.